First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 122 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Access to Hearings and Records
122.01 | Open Hearings
a. Hearings conducted in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, and for termination of parental rights under sections 211.442 to 211.487, RSMo, initiated by the juvenile officer or children’s division shall be open to the public, except that the public shall be excluded from all such hearings during the testimony of any juvenile or victim. All such hearings shall be closed to the public when the parent has consented in writing to termination of his or her parental rights in conjunction with placement of the juvenile with a licensed child placing agency under subsection 6 of section 453.010, RSMo.
b. Hearings for adoption pursuant to Chapter 453, RSMo, shall not be open to the public.
c. Prior to, or any time after, commencement of a hearing under Rule 124.01a or Rule 124.01b, a party or the guardian ad litem may request that the hearing, or any portion thereof, be closed to the public, except that no such request may be made by the juvenile officer or children’s division.
d. The court shall hear argument by the parties and the guardian ad litem, but not evidence, on any request that a hearing, or any portion thereof, be closed to the public.
e. The court shall make written findings in the record detailing the specific reasons for closing a hearing, or any portion thereof, to the public.
f. The court shall close a hearing, or any portion thereof, to the public only if it finds that closure:
(1) is in the best interests of the juvenile;
(2) will protect the physical or emotional well-being of the juvenile or the safety of any other person;
(3) will promote the integrity of the fact-finding process; or
(4) will protect the privacy of the juvenile or a sibling, foster or adoptive parents, foster care institutions, or any other person or institution providing care for the juvenile.
g. The court, on its own motion or on motion of any party, may exclude any person or persons from a hearing, or any portion thereof, for good cause, exceptional circumstances, or where exclusion will serve the best interests of the juvenile.
h. The court shall make findings on the record detailing the specific reasons for excluding any person or persons from a hearing, or any portion thereof.
i. Closing a hearing or any portion thereof, or excluding any person or persons from a hearing, or any portion thereof, shall not prevent the court from holding the hearing or issuing a decision.
j. Any party entitled to summons shall have the right to attend all hearings to which the summons relates unless specifically excluded pursuant to Rule 122.01g.
k. Any person entitled to notice pursuant to Rule 124.02a shall have the right to attend all hearings to which the notice relates unless specifically excluded pursuant to Rule 122.01g.
l. The public may not make audio or video recordings of a hearing, or any portion thereof, or photograph any party or witness during a hearing.
m. Without prior specific authorization from the court, foster or adoptive parents, foster care institutions, and other persons and institutions providing care for the juvenile shall not:
(1) submit to audio or video recordings regarding the juvenile; or
(2) permit photographing or audio or videotaping of the juvenile by the public.
Comment
Exclusion of the juvenile’s parents, guardian or custodian is governed, in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, by Rule 124.03 and, in a proceeding under subdivisions (2) and (3) of subsection 1 of section 211.031, RSMo, by Rule 128.01.
In determining whether to close a hearing under this Rule 122.01, the court may consider whether any member of the public may intentionally or inadvertently, but unnecessarily, disclose personal identifying information, such as the name, address, date of birth and telephone number, of the juvenile or a sibling, foster or adoptive parents, foster care institutions, or other persons and institutions providing care for the juvenile or a sibling.
Upon conclusion of a hearing in a proceeding governed by this Rule 122.01, the juvenile officer, attorney for the juvenile officer, children’s division, attorney for the children’s division, guardian ad litem or court appointed special advocate may provide, but is not limited to providing, the following information about the hearing:
(1) style of the case;
(2) nature of the case; e.g., abuse or neglect;
(3) hearing date;
(4) result or outcome of the hearing; e.g., juvenile returned to parents; and
(5) next hearing date.
Access of the public to hearings conducted in a proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, is governed by section 211.171.6, RSMo.
Cross-reference: Sections 211.319.1, 211.319.2, RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 122 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Access to Hearings and Records
122.02 | Open Records
a. Upon written request, pleadings and orders of the court filed with the clerk in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, and for termination of parental rights under sections 211.442 to 211.487, RSMo, initiated by the juvenile officer or children’s division, shall be accessible to the public for inspection, copying and release, except that such pleadings and orders of the court shall be accessible to the public only if the initial pleading in the proceeding was filed with the clerk on or after January 1, 2006.
b. Pleadings and orders of the court filed with the clerk in any proceeding for adoption pursuant to chapter 453, RSMo, shall not be accessible to the public.
c. Confidential files, as defined in section 211.319.3, RSMo, and files and records specifically ordered closed by the court shall be accessible only to persons the court has determined to have a legitimate interest in such files and records.
d. In determining whether a person has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and safety of the public, and the interest of the juvenile and any other juvenile identified in the file or records.
e. The original file and records may not be removed from the area designated for public inspection of such files and records.
f. Prior to allowing inspection of any pleadings or orders of the court by the public, the clerk shall redact all information that may identify or lead to disclosure of the identity of any of the following:
(1) any juvenile, except the perpetrator;
(2) any foster or adoptive parents, foster care institutions, or other persons and institutions providing care to any juvenile; and
g. Upon motion and opportunity for argument, the court may issue an order prohibiting access by the public to specific pleadings and orders of the court upon exceptional circumstances.
The court may issue a protective order on its own motion but, upon the request of any person, shall hear argument on the propriety of such order as soon as practicable. Any protective order shall detail the specific reasons for prohibiting access by the public to any pleading or order of the court.
h. Pleadings and orders of the court accessible to the public under this Rule 122.02 shall be available for inspection and copying only during regular business hours. Access shall be governed by Court Operating Rule 2.
i. Except where authorized by court order, the public shall not have access to any files or records maintained in electronic format in court information systems.
j. Neither the office of state courts administrator nor any court shall be required to modify electronic information systems to comply with this Rule 122.02.
Comment
This Rule 122.02 does not prohibit distribution among the parties of written reports, social records and other documents to be presented at any hearing for the court to review and consider. However, written reports, social records and other documents received by the court into evidence at a hearing are not accessible to the public under this Rule 122.02.
Access of the public to the pleadings and orders of the court in a proceeding filed under subdivision (3) of subsection 1 of section 211.031, RSMo, is governed by section 211.321, RSMo.
Cross-reference: Section 211.319.3, RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 122 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part I: Rules Relating to All Juvenile Proceedings | Access to Hearings and Records
122.03 | Law Enforcement Records of Juveniles to be Kept Separate
a. All records of juveniles made or retained by law enforcement officers or agencies shall be kept separate from records of other persons and shall not be open to inspection by, or their contents disclosed or distributed to, the public except by order of the court or as otherwise provided by law.
b. This Rule 122.03 shall not apply to all such records of the juvenile in a case in which the court has dismissed under Rule 129.04 the petition filed in the interest of the juvenile to permit prosecution under general law.
c. "Record," as used in this Rule 122.03, includes, but is not limited to, fingerprints and photographs of the juvenile.
(Adopted May 20, 2009, effective January 1, 2010.)