Rule 117 | Physical and Mental Examination

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 117 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Physical and Mental Examination

117.01 | Physical and Mental Examination of Juvenile

a. At any time after a petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, the court may order the juvenile in whose interest the petition or motion to modify has been filed to be examined by a physician, psychiatrist or psychologist appointed by the court to aid the court in determining:

(1) any allegation in the petition or motion to modify relating to the juvenile's mental health or physical condition;

(2) the juvenile's competence to participate in the proceedings;

(3) whether the juvenile is a proper subject to be dealt with by the court; or

(4) any other matter relating to the hearing on the petition or motion to modify or the proper disposition or treatment of the juvenile.

b. The services of a public or private hospital, institution, or psychiatric or health clinic may be used to perform an examination ordered under this Rule 117.01.

Comment

This Rule 117.01 empowers the court to order a physical or mental examination of the juvenile in whose interest a petition or motion to modify has been filed under subsection 1 of section 211.031.1, RSMo. However, the court may order the examination only after a petition or motion to modify has been filed.

A physical or mental examination of the juvenile made prior to the hearing on the petition or motion to modify may aid the court in determining, among other issues, whether the juvenile has been subjected to neglect or abuse or whether the juvenile is mentally responsible for his or her actions or in a fit condition to proceed. Additionally, if the court determines that the juvenile is within its jurisdiction, the examination may aid the court in deciding the proper disposition or treatment of the juvenile.

Where the petition or motion to modify alleges a violation of state law or of a municipal ordinance and an examination under this Rule 117.01 is conducted prior to the hearing on the petition or motion to modify, the right of the juvenile not to incriminate himself or herself shall remain inviolate.

Cross-reference: Section 552.020.11, RSMo.


(Adopted May 20, 2009, effective January 1, 2010.)

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 117 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Physical and Mental Examination

117.02 | Physical and Mental Examination of Parents, Guardian or Custodian

a. Prior to the hearing on the petition or motion to modify, the court may order a physician, surgeon, psychiatrist or psychologist to perform a physical or mental examination of a parent, guardian or custodian whose ability to care for the juvenile in whose interest the petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, is in question.

b. After the hearing on the petition or motion to modify, the court may order a physician, surgeon, psychiatrist or psychologist to perform a physical or mental examination of any person whose ability to care for the juvenile in whose interest the petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, is in question.

c. A physical or mental examination under Rule 117.02a may be ordered only after a hearing, but a physical or mental examination under Rule 117.02b may be ordered without a hearing.

Comment

A physical or mental examination of a juvenile's parent, guardian or custodian may be necessary to a full and proper adjudication of the allegations of a petition or motion to modify filed under subsection 1 of section 211.031, RSMo.

Additionally, the court may need information at the dispositional hearing in a proceeding under subsection 1 of section 211.031, RSMo, concerning the physical or mental condition of a proposed custodian in determining whether to place the juvenile in out-of-home placement.

Because of the time frames in Rules 124.01a(2) and 124.01a(3), the court should consider at the protective custody hearing the need to order a physical or mental examination of a parent, guardian or custodian.


(Adopted May 20, 2009, effective January 1, 2010.)