Chapter 06: Transfers of Cases
| Section 6.1 |
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Generally |
| Section 6.2 |
Transfer of Matter |
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| Section 6.3 |
Transfer of a Proceeding |
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| Section 6.4 |
Transfer of a Jurisdiction |
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| Section 6.5 |
Transfer of Supervision |
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Section 6.1 Generally |
Transfers of juvenile court cases from one court to another are governed by Section 211.031.2, RSMo. The rules governing a transfer of a juvenile case from one court to another are based upon the stage to which the proceedings have progressed. Thus, transfers of a matter prior to the filing of a petition are governed by Section 211.031.2(1), RSMo. Transfer of a proceeding prior to final disposition is governed by Section 211.031.2(2), RSMo. Transfer of the court's jurisdiction in a matter in which jurisdiction has been taken is governed by Section 211.031.2(3), RSMo. Transfer of supervision of a juvenile at any time following a judgment of disposition is governed by Section 211.031.2(4), RSMo.
In considering whether a transfer of a juvenile case to another court is appropriate, the court must generally consider the stage to which the proceedings having progressed, the person making the request for transfer, the place to which a transfer can be made and whether or not the consent of the receiving court is required. Upon entry of an order transferring any matter, proceeding, jurisdiction or supervision of a child, certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the transferring juvenile court shall accompany the transfer. Section 211.031.2(6), RSMo.
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Section 6.2 Transfer of a Matter |
Transfer of a matter occurs prior to the filing of a petition. The request may be made by any party or at the discretion of the juvenile officer. A case may be transferred to the county of the child's residence. Consent of the juvenile officer of the receiving court is required. Section 211.031.2(1), RSMo.
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Section 6.3 Transfer of a Proceeding |
Transfer of a proceeding occurs after the filing of a petition, but prior to entry of a final dispositional order on the pending matter. The motion for transfer may be made by any party or by the court on its own motion. The case may be transferred to the county of the child's residence or to the county in which the offense occurred if a crime is alleged. Consent of the receiving court is not required. Section 211.031.2(2), RSMo.
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Section 6.4 Transfer of Jurisdiction |
Transfer of jurisdiction occurs at any time after jurisdiction over the child has been taken. The motion for transfer may be made by any party or by the court on its own motion. The case may be transferred to the county of the child's residence. Consent of the receiving court is required. Section 211.031.2(3), RSMo.
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Section 6.5 Transfer of Supervision |
Transfer of supervision occurs after dispositional orders have been entered and a child is being supervised by the juvenile court. The motion for transfer of supervision may be made by any party or by the court upon its own motion. Supervision of the child may be placed with another juvenile court within or without the state. Consent of the receiving court is required. Before supervision of the child is placed with another court without the state, compliance with the provision of Section 210.570 RSMo, the Interstate Compact on Juveniles must occur. Section 211.031.2(4), RSMo.