127.01 | When Juvenile May be Taken Into Judicial Custody127.02 | Procedure Upon Law Enforcement Officer Taking Juvenile Into Judicial Custody127.03 | Designation of Detention Facility127.04 | Presentation of Juvenile to Juvenile Officer or Detention Facility127.05 | Notice Upon Admission to Detention Facility127.06 | Detention127.07 | Court Action Upon Notice That Juvenile Is Detained127.08 | Detention Hearing127.09 | Release From Detention Upon Change of Circumstances127.10 | Rights During Secure Detention127.11 | Discovery
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.01 | When Juvenile May be Taken Into Judicial Custody
a. A juvenile may be taken into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo:
(1) pursuant to an order of the court; or
(2) pursuant to the laws of arrest applicable to adults; or
(3) by a juvenile officer as authorized by law.
b. Taking a juvenile into judicial custody is not an arrest.
c. The jurisdiction of the court attaches from the time the juvenile is taken into judicial custody.
Comment
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 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. Therefore, the court must make this determination in any order under which a juvenile is taken into judicial custody under Rule 127.01a(1).
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.02 | Procedure Upon Law Enforcement Officer Taking Juvenile Into Judicial Custody
a. Any person taking a juvenile into judicial custody pursuant to Rule 127.01 shall notify immediately the juvenile officer of such action and undertake a reasonable attempt to notify the juvenile’s parents, guardian or custodian.
b. A juvenile taken into judicial custody pursuant to Rule 127.01 shall be released immediately to the juvenile’s parent, guardian or custodian or other suitable person unless detention is authorized pursuant to Rule 127.06.
c. If a juvenile is not released in accordance with Rule 127.02b, the law enforcement officer taking the juvenile into judicial custody shall submit to the juvenile officer as soon as practicable, but no later than 12 hours after taking the juvenile into judicial custody, a written report identifying the juvenile and stating the facts and circumstances that caused the law enforcement officer to believe the juvenile was subject to the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, and the reasons the juvenile was placed in judicial custody and not released.
d. If a juvenile is released in accordance with Rule 127.02b, the court may impose conditions upon the activities and associations of the juvenile and upon any person to whom the juvenile is released.
e. The juvenile officer shall advise the juvenile and any person to whom the juvenile is released in writing that failure to adhere to the conditions imposed on the activities or associations of the juvenile may result in the court ordering more restrictive conditions or that the juvenile be detained.
f. The juvenile officer may require any person to whom a juvenile is released to sign a written promise to produce the juvenile when ordered by the court.
g. If the juvenile is not released and detention is ordered or authorized, the juvenile shall immediately be taken to a detention facility designated by court order pursuant to Rule 127.03.
Comment
Rule 127.02a follows the juvenile code by requiring a reasonable attempt to notify a juvenile’s parents, guardian or custodian when the juvenile is taken into judicial custody.
Rule 127.02b is consistent with the declared purpose of the juvenile code that a juvenile be released to the juvenile’s parent, guardian or custodian or other suitable person unless substantial reasons exist for detaining the juvenile.
Rule 127.02c requires a written report, rather than mere notification, to the juvenile officer. This written report provides the juvenile officer with a documentary basis for deciding whether to release the juvenile or hold the juvenile in judicial custody.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.03 | Designation of Detention Facility
a. Each court shall by written order designate the detention facility or facilities in which juveniles may be detained when in judicial custody under subdivision (2) or (3) of subsection (1) of section 211.031, RSMo. A copy of the order shall be made available to all law enforcement agencies within the territorial jurisdiction of the court.
b. A juvenile under the age of 17 years shall not be detained in a jail or other adult detention facility.
c. A detention facility shall:
(1) provide housing and physical space for each juvenile consistent with the physical and emotional needs of the juvenile;
(2) ensure continuous supervision by staff who are qualified, by
training or experience, and adequate in number;
(3) provide services that address the educational, moral, medical,
physical and mental well-being of each juvenile;
(4) protect each juvenile from physical and emotional harm from
himself or herself, from other juveniles, and from all reasonably anticipated dangers; and
(5) preserve and protect each juvenile’s legal rights.
Comment
A detention facility operated in accordance with Appendix A complies with this Rule 127.03c.
Cross-reference: Sections 211.151.2 and 211.151.4, RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.04 | Presentation of Juvenile to Juvenile Officer or Detention Facility
a. When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a juvenile officer, unless the court has ordered the juvenile's detention, the juvenile officer may release the juvenile or authorize that the juvenile be detained in accordance with Rule 127.07.
b. When a person other than the juvenile officer presents a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, to a detention facility, the person in charge of the detention facility shall promptly inform the juvenile officer that the juvenile has been received by the detention facility and the reasons the juvenile was taken into judicial custody.
c. When a person other than the juvenile officer presents a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, to a detention facility, the person in charge of the detention facility may release the juvenile pursuant to Rule 127.02 unless the juvenile officer has authorized or authorizes, or the court has ordered or orders, that the juvenile be detained.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.05 | Notice Upon Admission to Detention Facility
a. When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is admitted to a detention facility, the juvenile officer or person in charge of the detention facility shall immediately advise the juvenile both orally and in writing of:
(1) the reasons for the juvenile’s detention;
(2) the juvenile’s right to remain silent;
(3) the juvenile’s right to counsel, including the right to appointed counsel under Rule 115.02;
(5) the juvenile’s rights during secure detention under Rule 127.10.
b. As soon as practicable, the juvenile officer or person in charge of the detention facility shall notify the juvenile's parents, guardian or custodian in person, by telephone or otherwise of the juvenile’s admission to the detention facility and the reasons for the juvenile's detention.
c. As soon as practicable, the juvenile officer or person in charge of the detention facility shall provide written notice in person or by mail to the juvenile’s parents, guardian or custodian of the juvenile’s right to remain silent, right to counsel, right to a detention hearing, and rights during secure detention.
Comment
There is no minimum age for admission of a juvenile to a detention facility, but the juvenile officer and the court should consider the appropriateness of placement of a juvenile in a detention facility within the context of the options available under section 211.151, RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.06 | Detention
a. A juvenile officer may authorize the detention of a juvenile for a period not to exceed 24 hours from the taking of the juvenile into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo. This authorization may be written or oral but, if oral, shall be reduced to writing as soon as practicable.
b. Within 24 hours after a juvenile is taken into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, unless the court has ordered or orders that the juvenile be detained, the juvenile shall be released to the juvenile's parent, guardian or custodian or other suitable person.
Cross-reference: Section 211.141, RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.07 | Court Action Upon Notice That Juvenile Is Detained
a. An order for detention shall be entered only upon:
(1) the filing of a petition or motion to modify, and
(2) a determination by the court that probable cause exists to believe that:
(A) the juvenile's acts alleged in the petition or motion to modify bring the juvenile within the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo; and
(B) the conditions requiring judicial custody continue to exist.
b. When the court is presented with a request that a juvenile be detained, it shall examine the reasons therefor and immediately:
(1) determine and make a finding on whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and
(2) determine and make a finding on 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; and
(3) either:
(A) order the juvenile released pursuant to Rule 127.02; or
(B) order the juvenile detained until a detention hearing is
held pursuant to Rule 127.08.
c. A juvenile alleged to be within the jurisdiction of the court under subdivision (2) of subsection 1 of section 211.031, RSMo, shall not be held in secure detention for that allegation for a period greater than 24 hours, excluding Saturdays, Sundays and legal holidays, absent a finding, after a probable cause hearing held within such 24 hour period, that the juvenile has violated a court order with specific conditions for the juvenile’s behavior and consequences for violation of such conditions, and that the juvenile has a record of:
(1) willful failure to appear at court proceedings; or
(2) violent conduct resulting in physical injury to self or others; or
(3) leaving a court-ordered placement, other than secure detention, without permission.
d. If the court orders a juvenile detained, the court shall hold a detention hearing pursuant to Rule 127.08, except for good cause, within three days, excluding Saturdays, Sundays and legal holidays, of the date the juvenile was taken into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo.
e. The detention hearing shall be held within the judicial circuit and at a date, time and place convenient to the court.
f. Notice of the date, time and place of the detention hearing shall be given to the juvenile and the juvenile's parents, guardian or custodian in person, by telephone, or by such other expeditious method as is available.
Comment
Rule 127.07c shall not apply to a juvenile who is under the jurisdiction of the court pursuant to, or is currently charged with a violation under, subdivision (3) of subsection 1 of section 211.031, RSMo.
The probable cause determination required of the court under Rule 127.07a(2) is distinct from, and in addition to, the probable cause hearing required by Rule 127.07c.
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 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. This Rule 127.07b recognizes that, if the juvenile was not taken into judicial custody pursuant to an order of court under Rule 127.01(a)(1), the court must make this determination in the order for detention.
Cross-reference: Section 211.063, RSMo.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.08 | Detention Hearing
a. The detention hearing may be held on the record. The procedure to be followed at the hearing shall be determined by the court and may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements.
b. The court shall first inform the juvenile of the juvenile’s right to counsel, including the right to appointed counsel under Rule 115.02. If the juvenile does not waive the right to counsel, the court may continue the detention hearing to enable the juvenile to retain counsel or seek appointed counsel.
c. The court shall thereafter inform the juvenile’s parents, guardian or custodian of their right to counsel and, if the right to counsel is not waived, may continue the detention hearing to enable the juvenile’s parents, guardian or custodian to consult counsel.
d. The court shall receive evidence relevant to the necessity for detention of the juvenile. Any written reports or social records to be offered to the court at the detention hearing shall be made available to all parties at or prior to the hearing.
e. The juvenile shall not be detained unless the court finds detention is required:
(1) to protect the juvenile; or
(2) to protect the person or property of others; or
(3) because the juvenile may flee or be removed from the jurisdiction of the court; or
(4) because the juvenile has no parent, guardian or custodian or other suitable person able or willing to provide care and supervision for the juvenile and return the juvenile to court when required; or
(5) because the juvenile is a fugitive from another jurisdiction and an official of that jurisdiction has requested the juvenile be detained pending return to that jurisdiction.
f. At the conclusion of the detention hearing, the court shall:
g. If the court orders the juvenile detained, the court shall review the order of detention every 30 days thereafter until entry of a final order of disposition.
h. If the court orders the juvenile detained, the court shall conduct the adjudication hearing on the petition or motion to modify under Rule 128.02 at the earliest possible date.
Comment
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:
(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.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.09 | Release From Detention Upon Change of Circumstances
a. A juvenile in a detention facility pursuant to court order may be released upon a determination by the court that a change of circumstances makes continued detention unnecessary.
b. A written request for release of a juvenile from detention shall set forth the changed circumstances warranting the juvenile’s release from detention and may be filed by the juvenile, the juvenile's parents, guardian or custodian, or the juvenile officer.
c. The court may grant or deny the request for release from detention without a hearing after written notice to all parties or order that a hearing be held at a date, time and place determined by the court. Timely notice of the hearing shall be given to the juvenile or counsel for the juvenile, the juvenile's parents, guardian or custodian or counsel for the juvenile’s parents, guardian or custodian, and the juvenile officer.
d. At the hearing, upon receiving evidence, the court may grant the request and release the juvenile from detention to the juvenile's parent, guardian or custodian or other suitable person or deny the request and remand the juvenile to the detention facility.
Comment
This Rule 127.09 recognizes that the circumstances originally justifying detention may change so that a juvenile can be released. The rule provides a mechanism for calling to the attention of the court such change of circumstances.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.10 | Rights During Secure Detention
a. When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile’s parents, guardian or custodian. Thereafter, the juvenile may telephone the juvenile's parents, guardian or custodian only at reasonable intervals. The juvenile officer may establish rules regulating the time and frequency of such subsequent telephone calls.
b. When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile's counsel. Thereafter, the juvenile may telephone the juvenile’s counsel at any reasonable time.
c. When a juvenile is admitted to a detention facility, the juvenile’s parents, guardian or custodian may make an initial visit at any time. Thereafter, the juvenile may be visited by the juvenile's parents, guardian or custodian only during the visiting hours of the detention facility, which, unless otherwise ordered by the court, shall be scheduled on no fewer than three days per week. The juvenile officer may establish rules regulating visits to the juvenile by other persons.
d. When a juvenile is admitted to a detention facility, the juvenile’s counsel may make an initial visit at any time. Thereafter, the juvenile may be visited by the juvenile’s counsel at any reasonable time.
e. If a juvenile refuses to see the juvenile's parents, guardian or custodian, no visits by the parents, guardian or custodian shall be allowed unless authorized by the court or the juvenile officer.
f. No person shall interrogate a juvenile in a detention facility concerning an alleged violation by the juvenile of a state law or municipal ordinance without the presence of the juvenile’s counsel unless counsel consents or counsel has been waived or has not been retained or appointed, or without the presence of the juvenile’s parent, guardian or custodian unless the presence of the juvenile’s parent, guardian or custodian has been waived.
g. Except for the juvenile's parents, guardian or custodian, the juvenile's counsel, and authorized personnel of the court, no person shall interview a juvenile in a detention facility without prior approval from the court or the juvenile officer.
Comment
This Rule 127.10 sets forth the rights of a juvenile while the juvenile is in a detention facility.
Since the purpose of secure detention is to safeguard the juvenile or others pending the hearing on the petition or motion to modify filed in the interest of the juvenile, this Rule 127.10 limits interviews and interrogations of the juvenile while the juvenile is detained.
When interviewing, or permitting an interview of, a juvenile in a detention facility, the juvenile officer must be cognizant of the distinction under Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354 (2004), between statements that are testimonial and statements that are non-testimonial.
This Rule 127.10 does not address or govern whether statements by a juvenile while detained are admissible against the juvenile in either a juvenile proceeding or adult criminal proceeding.
(Adopted May 20, 2009, effective January 1, 2010.)
First Adopted: May 20, 2009
Most Recently Effective: January 01, 2010
Rule 127 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Detention
127.11 | Discovery
a. In any proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, within ten days of the detention hearing or, in the absence of a detention hearing, within ten days of the filing of the petition or motion to modify, the juvenile officer shall make available to all parties or their counsel the following documents and records, to the extent relevant to the allegations of the petition or motion to modify:
(1) law enforcement records, including police reports;
(2) written statements and videotapes, audiotapes or similar recordings of statements of the juvenile regarding the alleged offense;
(3) written statements and videotapes, audiotapes or similar recordings of statements of the victim regarding the alleged offense;
(4) reports and affidavits submitted to the juvenile officer supporting or requesting that the juvenile be taken into judicial custody or that a petition or motion to modify be filed;
(5) written statements and videotapes, audiotapes or similar recordings of statements of witnesses regarding the alleged offense;
(6) written statements and videotapes, audiotapes or similar recordings of statements of any other person charged regarding the alleged offense;
(7) any reports or statements of experts, including the results of physical or mental examinations and of scientific tests, experiments, or comparisons; and
(8) exculpatory evidence tending to negate the involvement of the juvenile in the alleged offense or mitigate the degree of the juvenile’s involvement in the alleged offense.
b. The obligation of the juvenile officer under Rule 127.11a is limited to documents and records in his or her actual possession. The juvenile officer has no obligation under this Rule 127.11 to request or obtain the identified documents and records for any party.
c. The juvenile officer has a continuing obligation under this Rule 127.11 to make available to all parties within ten days of receipt any documents and records identified in this Rule 127.11a that are subsequently obtained.
d. This Rule 127.11 shall not restrict any party from engaging in formal discovery in any proceeding under subdivision (2) of subsection 1 of section 211.031, RSMo, which shall be governed by Rules 41 to 101, or in any proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, which shall be governed by Rule 25.
Comment
This Rule 127.11 establishes a procedure for informal production of specific documents and records that are relevant to the allegations of a petition or subsequent motion to modify.
Nothing in this Rule 127.11 prevents the court from entering a protective order for any document or record required to be made available by the juvenile officer pursuant to this Rule 127.11.
(Adopted May 20, 2009, effective January 1, 2010.)