Rule 124 | Hearings

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.01 | Schedule of Hearings

a. If the juvenile in whose interest a petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is in temporary protective custody, the following hearings shall be held:

(1) within three days of the date the juvenile is taken into judicial custody, excluding Saturday, Sunday and legal holidays, a protective custody hearing as provided in Rule 123.05; and

(2) within 60 days of the date the juvenile is taken into judicial custody, an adjudication hearing as provided in Rule 124.06; and

(3) within 90 days of the date the juvenile is taken into judicial custody, a dispositional hearing as provided in Rule 124.07.

b. If the juvenile in whose interest a petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is in the legal custody of the children’s division, the following hearings shall be held:

(1) every 90 to 120 days after the dispositional hearing during the first 12 months in which the juvenile is in the custody of the children’s division, a dispositional review hearing as provided in Rule 124.08; and

(2) within 12 months of the date the juvenile is taken into judicial custody and at least annually thereafter, a permanency hearing as provided in Rule 124.09, unless the court has previously determined that the children’s division is not required to make reasonable efforts to reunify the family. If such determination is made, the permanency hearing shall be held within 30 days of such determination and at least annually thereafter; and

(3) as often as necessary after each permanency hearing, but at least every six months, during the period in which the juvenile remains in the custody of the children’s division, a permanency review hearing as provided in Rule 124.10.

c. Upon conclusion of each hearing, the juvenile officer shall provide written notice to all parties and the guardian ad litem of the date, time and place of the next scheduled hearing. The court appointed special advocate for the juvenile, and the current foster parents, or any pre-adoptive parent or relative providing care for the juvenile, shall also be provided with such notice. Mailed notice shall not be required for any party or other individual designated in this Rule 124.01 to whom notice of the next subsequent hearing was provided in writing upon conclusion of the immediately preceding hearing.

Comment

The time periods prescribed in Rule 124.01a do not apply when the juvenile in whose interest the petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is not in temporary protective custody.

The time periods prescribed in Rule 124.01b do not apply when the juvenile in whose interest the petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is not in the legal custody of the children’s division.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home. Therefore, the court should include this determination in any order entered after a protective custody hearing under Rule 123.05 and must make this determination in any order entered after an adjudication hearing under Rule 124.06.

Additionally, for such juvenile to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect.

Therefore, the court should include this determination in any order entered after a dispositional review hearing under Rule 124.08 and must make this determination in any order after a permanency hearing under Rule 124.09.

Cross-reference: Section 211.032, RSMo.

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.02 | Notice of Hearing

a. Timely notice of each hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be provided to all parties, the guardian ad litem, court appointed special advocate, and current foster parents, or any pre-adoptive parent or relative currently providing care for the juvenile. The notice shall:

(1) be in writing;

(2) specify the time, date and location of the hearing; and

(3) inform the current foster parents, or any pre-adoptive parent or relative entitled to notice under this Rule 124.02a, of the right to be heard with respect to the care, custody and welfare of the juvenile.

b. Any foster parent, pre-adoptive parent or relative entitled to a notice of hearing under Rule 124.02a shall not become a party to the proceeding on the basis of such notice of hearing.

Comment

The current foster parents, or any pre-adoptive parent or relative currently providing care for a juvenile, must be provided with timely notice of, and has the right to be heard in, any hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031.1, RSMo.

Cross-reference: Sections 210.566.5, 211.171.3, 211.464, RSMo. See also 42 U.S.C.§675(5)(G).

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.03 | Presence and Exclusion of Juvenile and Juvenile's Parents, Guardian or Custodian

a. Except as provided in this Rule 124.03, in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the juvenile and the juvenile’s parents, guardian or custodian shall have the right to be present at all times during any hearing.

b. The court may commence a hearing without the presence of the juvenile or the juvenile’s parents, guardian or custodian if, after proper service or notice, the juvenile or the juvenile’s parents, guardian or custodian fail to appear.

c. The court may, in its discretion, exclude the juvenile from any part of a hearing where exclusion will serve the best interests of the juvenile.

d. In determining whether to proceed without the presence of the juvenile, the court shall consider, among other things, the age and emotional maturity of the juvenile, the nature of the evidence that may be presented, and whether the juvenile’s guardian ad litem will waive the presence of the juvenile.

e. Except as otherwise provided by law, the court may exclude the juvenile’s parents, guardian or custodian from any part of a hearing for good cause, exceptional circumstances, or where exclusion will serve the best interests of the juvenile.

f. In determining whether to proceed without the presence of the juvenile’s parents, guardian or custodian, the court shall consider, among other things, the relationship between the juvenile and the juvenile’s parents, guardian or custodian and any request for exclusion of the juvenile’s parents, guardian or custodian by the juvenile’s guardian ad litem.

g. This Rule 124.03 shall not restrict the power of the court to exclude any unruly or disruptive person from a hearing where exclusion is necessary to the orderly conduct of the hearing.

Comment

Section 211.171.2, RSMo, provides: "The hearing may, in the discretion of the court, proceed in the absence of the child and may be adjourned from time to time."

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.04 | Continuances

a. Except for a protective custody hearing held pursuant to Rule 123.05, the court may, on its own motion or the motion of any party, continue any hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo:

(1) within the time frames in Rule 124.01, only for good cause shown; or

(2) outside the time frames in Rule 124.01, only for compelling extenuating circumstances.

Any such continuance shall be supported by written findings in the record detailing the compelling extenuating circumstances justifying the continuance.

b. Any continuance granted under this Rule 124.04 shall be to a fixed date and time but, in the absence of the consent of all parties, not beyond 30 days.

c. An application for continuance under this Rule 124.04 shall be made by written motion accompanied by the affidavit of the applicant or some other credible person setting forth the facts upon which the application is based unless all parties consent that the application for continuance may be made orally.

d. An application for continuance under this Rule 124.04 filed by counsel within 30 days of a scheduled hearing shall certify that each party for whose benefit the continuance is requested has been consulted and is aware of the contents of the application and shall state each such party’s position with respect to the requested continuance.

e. If a party for whose benefit a continuance is requested cannot be consulted, counsel shall certify in the application for continuance the efforts made to consult with the party.

f. The clerk shall give notice in writing of the new date and time of the continued hearing to all parties, the guardian ad litem and any court appointed special advocate for the juvenile. The current foster parents, any pre-adoptive parent or relative currently providing care for the juvenile, shall also be provided with such notice.

g. Any continuance under this Rule 124.04 shall not relieve the court of the obligation to make timely findings on whether:

(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; or

(2) the children’s division has made reasonable efforts to finalize the permanency plan in effect for the juvenile.

Comment

This Rule 124.04 is patterned after Rule 65.01, except that any continuance shall not only be to a fixed day but also to a fixed time, and after Rule 65.03, except that all parties, not just the adverse party, must consent to an oral application for continuance. Further, this Rule 124.04 specifically advises counsel that any application for continuance on behalf of a party who cannot be consulted must contain counsel’s efforts to consult with the party.

The failure to make the specified reasonable efforts findings within the time frames required by Titles IV-B and IV-E of the Social Security Act may result in loss of federal funds not only for the care of a particular juvenile but also for the state’s child welfare programs. Therefore, even when a continuance is granted, the court remains obligated under the Adoption and Safe Families Act to make the finding required under Rule 124.04g(1) no later than 60 days from the date of removal of the juvenile from the home and the finding required under Rule 124.04g(2) within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter.

Cross-reference: Section 211.171.7, RSMo.

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.05 | Untimely Hearings

a. All hearings in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the mandatory time frames in Rules 124.01a and 124.01b.

b. If a specific hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, is neither scheduled to occur nor held within the applicable time frame in Rules 124.01a and 124.01b, any party may file an application for an expedited hearing.

c. The application shall be in writing and include the name and address of the applicant, the name of the judicial officer before whom the proceeding is pending, the specific hearing not held within the applicable time frame, and the reasons expressed by the named judicial officer for failing to hold the specified hearing within the applicable time frame in Rules 124.01a and 124.01b.

d. The application shall be filed with the clerk in the pending proceeding. A copy of the application shall be directed by the applicant to the presiding judge of the circuit, the named judicial officer, and all parties and other persons entitled to notice under Rule 124.02a.

e. The named judicial officer shall either hold and conclude the specified hearing or file a response within ten days after receiving the application. The response shall detail the reasons why the specified hearing was not held within the applicable time frame in Rules 124.01a and 124.01b.

f. The response shall be filed with the clerk in the pending proceeding. A copy of the response shall be directed by the named judicial officer to the presiding judge of the circuit, the applicant and all parties and other persons entitled to notice under Rule 124.02a.

g. Within five days after the filing of the response or after the date on which the response is due, the presiding judge, in the absence of compelling extenuating circumstances, shall direct the named judicial officer, designate another judicial officer from inside the circuit, or request this Court to appoint a judicial officer from outside the circuit, to hold and conclude the specified hearing within 14 days from the date of the order of the presiding judge or the date of the order of appointment by this Court, whichever is later.

h. If the presiding judge finds that compelling extenuating circumstances exist, the presiding judge shall deny the application.

i. If the presiding judge is the named judicial officer, any party may request an original writ from the appropriate appellate court pursuant to Rule 84.22 et seq.

Comment

Rule 124.04 permits hearings, other than protective custody hearings, to be continued outside the time frames established in Rules 124.01a and 124.01b only for compelling extenuating circumstances. Rule 123.05c governs continuances of protective custody hearings.

This Rule 124.05b provides parties with an expedited procedure to address the failure of the court to hold a hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, within the applicable time frame in Rule 124.01.

See Court Operating Rule 23, which requires each circuit to submit to this Court and the commission on retirement, removal and discipline a quarterly report for each hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, not held within the applicable time frame in Rule 124.01.

Cross-reference: Section 211.032.6, RSMo.

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.06 | Adjudication Hearing

a. An adjudication hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01a(2).

b. At such an adjudication hearing, the court shall first determine whether:

(1) a guardian ad litem has been appointed for the juvenile;

(2) a court appointed special advocate should be appointed for the juvenile;

(3) the parents, guardian or custodian of the juvenile are entitled to appointed counsel;

(4) a parent, guardian or custodian requires a guardian ad litem because of age or mental status; and

(5) the parties have been served or, if not, whether the juvenile officer has made a reasonable and diligent attempt to locate and serve each absent parent.

c. At such an adjudication hearing, the court shall determine what allegations in the petition or motion to modify are admitted and receive evidence on the allegations that have not been admitted. The hearing shall be held on the record. The court may take judicial notice of the court’s file. The rules of evidence shall apply. All parties and the guardian ad litem shall be afforded the opportunity to testify, present evidence, cross-examine witnesses, and present arguments of law and fact and arguments concerning the weight, credibility and effect of the evidence.

d. Upon finding that the allegations in the petition or motion to modify are neither admitted nor proved, the court shall enter judgment denying the petition and, unless it has prior and continuing jurisdiction:

(1) order that the juvenile be returned to the juvenile’s parent, guardian or custodian;

(2) relieve the children’s division of custody of the juvenile; and

(3) terminate jurisdiction.

e. Upon finding that any allegation in the petition or motion to modify is admitted or proved, the court shall:

(1) make findings on the allegations in the petition or motion to modify that are admitted or proved;

(2) make a finding whether the juvenile is in need of care and treatment under chapter 211, RSMo; and

(3) enter an order whether the court has jurisdiction over the juvenile.

f. If the dispositional hearing does not immediately follow the adjudication hearing, the court shall:

(1) continue or, if appropriate, amend any protective custody order;

(2) order the date for submission of the social study to be prepared pursuant to Rule 118.01; and

(3) schedule the dispositional hearing within the time frame in Rule 124.01a(3).

g. Additionally, if the dispositional hearing does not immediately follow the adjudication hearing, the court shall determine and make findings on whether:

(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; and

(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.

Comment

The purpose of the adjudication hearing is to determine whether the allegations in the petition are established. The allegations in the petition are proved only by evidence that is at least clear and convincing.

Under section 210.127.1, RSMo, the children’s division is required to utilize all reasonable and effective means available to conduct a diligent search for any biological parent of a juvenile whose identity or location is unknown.

The lack of service on a parent, guardian or custodian does not deprive the court of jurisdiction to proceed. See Rule 114.01e.

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.

Rule 124.06g recognizes that, if the dispositional hearing does not immediately follow the adjudication hearing, the court must include in the adjudication order whichever of these determinations has not been previously made.

Cross-reference: Section 211.032.4, RSMo.

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.07 | Dispositional Hearing

a. A dispositional hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01a(3).

b. Such a dispositional hearing may be held separate from or immediately following an adjudication hearing held pursuant to Rule 124.06.

c. At such a dispositional hearing, the court shall receive evidence and, in accordance with the best interests of the juvenile, determine and make findings on the legal and physical custody of the juvenile and on the services required to reunify the family. The hearing shall be held on the record. The court may take judicial notice of the court’s file. The rules of evidence do not apply. All parties and the guardian ad litem shall be afforded the opportunity to testify, present evidence, cross-examine witnesses, and present arguments of law and fact and arguments concerning the weight, credibility and effect of the evidence.

d. At such a dispositional hearing, the court shall admit the social study into evidence and additionally receive:

(1) a report on the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) the recommendations of the children’s division and the juvenile officer;

(3) evidence regarding the recommendations of the children’s division and the juvenile officer;

(4) evidence concerning the need for the children’s division to engage in reasonable efforts to reunify the family; and

(5) the recommendations of the guardian ad litem and court appointed special advocate.

e. At such a dispositional hearing, the court shall make findings on whether the children’s division is required to engage in reasonable efforts to reunify the family and:

(1) shall enter an order for the legal and physical custody of the juvenile;

(2) may order the reasonable efforts required of the children’s division to reunify the family;

(3) may order the efforts required of the parties, other than the children’s division, to reunify the family; and

(4) shall schedule a dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rules 124.01b(1) and 124.01b(2) respectively.

f. At such a dispositional hearing, the court shall determine and make findings on whether:

(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; and

(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.

Comment

The purpose of the dispositional hearing is to determine: (1) the legal and physical custody of the juvenile, and (2) whether the children’s division is required to engage in reasonable efforts to reunify the family and, if so, the reasonable efforts necessary to effect reunification.

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

The Adoption and Safe Families Act requires, upon a judicial determination pursuant to section 211.183.7, RSMo, that the children’s division is not required to engage in reasonable efforts to reunify the family, that a permanency hearing be held within 30 days and, in the absence of an applicable statutory exception, that a petition for termination of parental rights be filed within 60 days of such determination.

The Adoption and Safe Families Act requires a judicial determination within 12 months of the date a juvenile is considered to have entered foster care of the reasonable efforts of the children’s division to finalize the permanency plan that is in effect. Therefore, a permanency hearing must be scheduled if insufficient time exists to conduct a dispositional review hearing before a permanency hearing must be held.

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out-of-home placement, and a juvenile in out-of-home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.

When placing a juvenile outside Missouri, including placing with a parent or relative, or terminating jurisdiction over a juvenile placed outside Missouri, in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children. See section 210.620, RSMo.

Cross-reference: Sections 211.032.4, 210.127.2, 211.183.7, 211.447.2, 211.447.3, 211.447.4, RSMo.

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.08 | Dispositional Review Hearing

a. A dispositional review hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01b(1). The hearing may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements. The court may take judicial notice of the court’s file. The court may take testimony or receive evidence. The rules of evidence do not apply.

b. At such a dispositional review hearing, the court shall consider any written reports or social records presented by any party and determine:

(1) the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) the efforts of the children’s division to reunify the family and whether those efforts have been reasonable;

(3) the compliance of the parties with the social service plan and any court-ordered services;

(4) whether the children’s division is required to continue to engage in reasonable efforts to reunify the family;

(5) the recommendations of the children’s division and the juvenile officer; and

(6) the recommendations of the guardian ad litem and court appointed special advocate.

c. At such a dispositional review hearing, the court shall:

(1) enter an order for the legal and physical custody of the juvenile and, if awarding legal and physical custody of the juvenile to a parent, guardian or custodian, relieve the children’s division of custody and, if appropriate, terminate jurisdiction;

(2) continue or, as appropriate, modify the social service plan and any court-ordered services;

(3) make a finding on whether the children’s division is required to continue to engage in reasonable efforts to reunify the family and, if so, order the reasonable efforts necessary to effect reunification; and

(4) schedule another dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rules 124.01b(1) and 124.01b(2) respectively.

Comment

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out of home placement, and a juvenile in out of home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Cross-reference: Sections 211.032.4, 210.127.2, RSMo.

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.09 | Permanency Hearing

a. A permanency hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01b(2). The hearing may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements. The court may take judicial notice of the court’s file. The court shall receive evidence and may take testimony. The rules of evidence do not apply.

b. At such a permanency hearing, the court shall consider any written reports or social records presented by any party and additionally shall consider:

(1) the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) any permanency plan proposed for the juvenile;

(3) the evidence in support of, and in opposition to, each proposed permanency plan for the juvenile;

(4) the evidence concerning the continued need for the children’s division to engage in reasonable efforts to reunify the family;

(5) the evidence concerning the efforts of the children’s division to finalize the permanency plan in effect and whether those efforts have been reasonable; and

(6) the recommendations of the guardian ad litem and court appointed special advocate concerning which permanency plan is most appropriate for the juvenile.

c. In determining whether the children’s division has made reasonable efforts to finalize the permanency plan in effect and whether the permanency plan in effect continues to serve the best interests of the juvenile, the court shall consider:

(1) if the permanency plan in effect is reunification:

(A) whether the conditions or circumstances that caused removal of the juvenile from the home have been corrected; and

(B) whether the juvenile has been returned home or, if not, whether a date has been established for the juvenile to return home; or

(2) if the permanency plan in effect is adoption:

(A) whether the parents’ rights have been terminated, and:

(i) if not:

(a) whether a termination of parental rights petition has been filed;

(b) whether the parents have been served or signed a consent; and

(ii) if so:

(a) whether an appropriate adoptive resource has been identified;

(b) whether the juvenile has been placed with an adoptive resource or, if not, whether a date has been established for the juvenile to be placed with an adoptive resource;

(d) whether a date has been set for the adoption hearing; or

(3) if the permanency plan in effect is guardianship:

(A) whether an appropriate guardianship resource has been identified;

(B) whether the juvenile has been placed with a guardianship resource or, if not, whether a date has been established for the juvenile to be placed with a guardianship resource;

(D) whether a date has been set for the guardianship hearing; or

(4) if the permanency plan in effect is placement with a fit and willing relative:

(A) whether an appropriate relative resource has been identified; and

(B) whether the juvenile has been placed with a relative resource or, if not, whether a date has been established for the juvenile to be placed with a relative resource; or

(5) if the permanency plan in effect is placement in another planned permanent living arrangement:

(A) whether the children’s division has documented a compelling reason why another planned permanent living arrangement serves the best interests of the juvenile;

(B) whether another planned permanent living arrangement for the juvenile has been identified; and

(C) whether the juvenile has been placed in another planned permanent living arrangement or, if not, whether a date has been established for the juvenile to be placed in another planned permanent living arrangement.

d. At such a permanency hearing, the court shall:

(2) continue or, as appropriate, modify the social service plan and any court-ordered services;

(3) determine and make findings on the efforts of the children’s division to finalize the permanency plan in effect for the juvenile and whether those efforts have been reasonable;

(4) determine and, in accordance with the best interests of the juvenile, order:

(A) the permanency plan that is most appropriate for the juvenile; and

(B) the reasonable efforts required of the children’s division to finalize the permanency plan that is most appropriate for the juvenile; and

(5) schedule a permanency review hearing within the time frame in Rule 124.01b(3).

e. In making the determinations and findings required under Rule 124.09d, the court shall consider the following factors:

(1) the interaction and interrelationship of the juvenile with the foster parents, siblings and other significant parties;

(2) the juvenile’s adjustment to the foster home, school and community;

(3) the mental and physical health of all individuals involved, including any history of abuse; and

(4) the needs of the juvenile for a continuing relationship with the parents, and the ability and willingness of the parents to actively meet the needs of the juvenile.

Comment

This Rule 124.09 governs not only the initial permanency hearing but also each subsequent annual permanency hearing.

Annual permanency hearings are required, even after the parents’ rights have been terminated, until the juvenile attains age 21 or until the earlier entry of a legally final permanency order; i.e., return of the juvenile to the legal custody of a parent, adoption or guardianship.

Under the Adoption and Safe Families Act, a permanency hearing must be open to the participation of the juvenile, the parents, guardian or custodian of the juvenile, and the current foster parents, or any pre-adoptive parent or relative currently providing care for the juvenile, and may not be merely a paper review, ex parte hearing, or agreed upon order.

At the permanency hearing, the judicial officer should consult in person, where age appropriate, with the juvenile regarding the proposed permanency plan.

At any permanency hearing addressing transition of the juvenile from foster care to independent living, the judicial officer should consult in person with the juvenile regarding the manner in which the children’s division can assist the juvenile’s transition from foster care, including the availability of resources under the Foster Care Independence Act of 1999.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect. This Rule 124.09 recognizes that the court must make this determination at each permanency hearing.

If reunification is not the permanency plan that is most appropriate for the juvenile, the permanency plan for the juvenile must be one of the following:

1. adoption;

2. guardianship;

3. placement with a fit and willing relative; or

4. another planned permanent living arrangement.

The Adoption and Safe Families Act requires, with certain exceptions, the filing of a petition for termination of parental rights by the end of the 15th month when a juvenile has been in foster care for 15 of the most recent 22 months, or within 60 days of a judicial determination that the children’s division is not required to make reasonable efforts to reunify the family because a parent has committed a statutorily identified crime.

There is no requirement under the Adoption and Safe Families Act or the Missouri statutes that an appropriate adoptive resource be identified or that the juvenile be placed with an appropriate adoptive resource before the court may find adoption to be the permanency plan that is most appropriate for the juvenile and order the filing of a petition for termination of parental rights.

The Adoption and Safe Families Act allows a juvenile’s permanency plan to be another planned permanent living arrangement only when the children’s division documents compelling reasons why the other permanency plans are not in the best interests of the juvenile.

Cross-reference: 42 U.S.C. §677; Sections 211.032.4, 211.171.1, 210.720, 211.447.2, 211.447.3, and 211.447.4, RSMo.

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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.10 | Permanency Review Hearing

a. A permanency review hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01b(3). The hearing may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements. The court may take judicial notice of the court’s file. The court may take testimony or receive evidence. The rules of evidence do not apply.

b. At such a permanency review hearing, the court shall consider any written reports or social records presented by any party and additionally shall consider:

(1) the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) the efforts of the children’s division to finalize the permanency plan in effect and whether those efforts have been reasonable;

(3) whether the permanency plan in effect continues to serve the best interests of the juvenile and, if not, which permanency plan is most appropriate for the juvenile; and

(4) the recommendations of the guardian ad litem and court appointed special advocate.

c. At such a permanency review hearing, the court shall:

(2) continue or, as appropriate, modify the social service plan and any court-ordered services;

(3) determine and make findings on the efforts of the children’s division to finalize the permanency plan in effect for the juvenile and whether those efforts have been reasonable;

(4) determine and, in accordance with the best interests of the juvenile, order:

(A) the permanency plan that is most appropriate for the juvenile; and

(B) the reasonable efforts required of the children’s division to finalize the permanency plan that is most appropriate for the juvenile; and

(5) schedule a permanency hearing within the time frame in Rule 124.01b(2).

Comment

This Rule 124.10 governs not only the initial permanency review hearing but also each subsequent permanency review hearing.

Permanency review hearings are required, even after the parents’ rights have been terminated, until the juvenile attains age 21 or until the earlier entry of a legally final permanency order; i.e., return of the juvenile to the legal custody of a parent, adoption or guardianship.

If reunification is not the permanency plan that is most appropriate for the juvenile, the permanency plan for the juvenile must be one of the following:

1. adoption;

2. guardianship;

3. placement with a fit and willing relative; or

4. another planned permanent living arrangement.

The considerations for the court in determining, pursuant to Rule 124.10c(3), whether the children’s division has made reasonable efforts to finalize the permanency plan in effect and, pursuant to this Rule 124.10c(4)(a), which permanency plan is most appropriate for the juvenile, are detailed in Rule 124.09e.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect. Therefore, this determination may be made at a permanency review hearing under this Rule 124.10.

When placing a juvenile outside Missouri, including placing with a parent or relative, or terminating jurisdiction over a juvenile placed outside Missouri, in a proceeding under subdivision(1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children. See section 210.620, RSMo.

Cross-reference: Sections 211.032.4, 211.171.1, 210.720, 211.183, and 211.447.2, RSMo.

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

First Adopted: October 26, 2021

Most Recently Effective: July 01, 2022

Rule 124 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part II: Rules Relating to Child Abuse and Neglect Proceedings | Hearings

124.11 | Orders of Custody, Child Support, Paternity, and Visitation in Juvenile Cases

On the court′s own motion or a motion by any party, a court exercising jurisdiction over a child under section 211.031.1(1), RSMo, may enter an order regarding custody, child support, paternity, or visitation pursuant to section 211.093, RSMo. If, by entering an order pursuant to this Rule, the court has relieved the children's division of legal custody, the court shall not be required to conduct dispositional review hearings, permanency hearings, or permanency review hearings as otherwise required pursuant to Rule 124.

(Adopted October 26, 2021, effective July 1, 2022.)