Rule 129 | Dismissal to Allow Prosecution Under General Law

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 129 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Dismissal to Allow Prosecution Under General Law

129.01 | Order For Hearing

When a petition alleges that a juvenile has committed an act for which the juvenile may be transferred to a court of general jurisdiction to be prosecuted under general law, the court, at any time prior to commencement of the hearing on the petition, shall, when required by law, and may, upon its own motion or upon motion by the juvenile officer, the juvenile or the juvenile's parent, guardian or custodian, order that a hearing be held to determine in the discretion of the court whether the juvenile is a proper subject to be dealt with under the juvenile code.

Cross-reference: Section 211.071, RSMo.


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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 129 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Dismissal to Allow Prosecution Under General Law

129.02 | Notice of Hearing

a. When a hearing is ordered under Rule 129.01, written notice of the date, time and place thereof shall be given to the juvenile and the juvenile's parents, guardian or custodian in the same manner as provided for service of the petition under Rule 114.01b.

b. A parent, guardian or custodian may waive service of the notice of hearing in accordance with Rule 114.03a.

c. The notice of hearing shall contain a statement that the purpose of the hearing is to determine whether the juvenile is a proper subject to be dealt with under the juvenile code and shall advise the juvenile and the juvenile’s parents, guardian or custodian that, if the court finds the juvenile is not a proper subject to be dealt with under the juvenile code, the petition will be dismissed and the juvenile will be transferred to a court of general jurisdiction to be prosecuted under general law.

Comment

A parent, guardian or custodian of the juvenile may waive his or her right to service of the notice of hearing but may not waive the right of the juvenile to such service.

Cross-reference: Kent v. United States, 383 U.S. 541 (1966), and In re Gault, 387 U.S. 1 (1967).


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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 129 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Dismissal to Allow Prosecution Under General Law

129.03 | Investigation

a. When the court orders a hearing under Rule 129.01, the juvenile officer shall make an investigation to aid the court in determining whether the juvenile is a proper subject to be dealt with under the juvenile code.

b. A written report of the investigation shall be made to the court and, prior to the hearing ordered under Rule 129.01, may be made available to the parties and shall be made available to counsel and others as provided by law.

c. The court may order a supplemental investigation by the juvenile officer and a written report thereof and may continue or adjourn the hearing ordered under Rule 129.01 to allow the juvenile officer to complete any supplemental investigation and written report thereof. Prior to the hearing or the resumption thereof, the written report of the supplemental investigation may be made available to the parties and shall be made available to counsel and others as provided by law.

Comment

Section 211.071, RSMo, requires that an investigation be made and that the report thereof be received by the court before the court may dismiss the petition. This Rule 129.03 is not intended to enlarge upon or modify the scope of the investigation or of the report required by section 211.071.6, RSMo.

Kent v. United States, 383 U.S. 541 (1966), requires that counsel for the juvenile be afforded access to any social records to be considered by the court in deciding whether to relinquish jurisdiction over a juvenile.


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

First Adopted: May 20, 2009

Most Recently Effective: January 01, 2010

Rule 129 | Rules of Practice and Procedure in Juvenile and Family Court Divisions of the Circuit Court | Part IV: Rules Relating to Status and Delinquency Proceedings | Dismissal to Allow Prosecution Under General Law

129.04 | Dismissal Hearing

a. If, after a hearing has been ordered under Rule 129.01, the court determines the juvenile is not represented by counsel, the court shall appoint counsel for the juvenile.

b. At the hearing, which shall be held on the record, the court shall receive evidence on whether the juvenile is a proper subject to be dealt with under the juvenile code. The juvenile officer who prepared the report of the investigation required under Rule 129.03 may be examined by counsel. All parties 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.

c. In reaching its decision, the court shall consider all evidence relevant to whether the juvenile is a proper subject to be dealt with under the juvenile code, including, but not limited to, the factors set forth in section 211.071.6, RSMo.

d. If the court finds the juvenile is not a proper subject to be dealt with under the juvenile code, the court shall order the petition dismissed to permit the juvenile to be prosecuted under general law and shall include in its order the reasons for its decision. A copy of the petition and order of dismissal shall be sent to the prosecuting attorney.

e. If the court finds the juvenile is a proper subject to be dealt with under the juvenile code, the court shall set a date for the hearing on the petition in accordance with Rule 128.02.

Comment

Rule 129.04c does not require or permit a full hearing into the facts of the alleged offense.

Rule 129.04d follows Kent v. United States, 383 U.S. 541 (1966), and State ex rel. T.J.H. v. Bills, 504 S.W.2d 76 (Mo. banc 1974), both of which mandate that the court state its reasons for dismissing a petition to permit a juvenile to be prosecuted under general law.

See State ex rel. St. Louis Post-Dispatch, LLC v. Garvey, 179 S.W.3d 899 (Mo banc 2005), with respect to access of the public to a hearing ordered under Rule 129.01.


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