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Section 9.1

Generally

Section 9.1 Generally

Responsibilities of the court with reference to preliminary inquiry or informal adjustment are limited. With respect to the preliminary inquiry process, this is a process whereby information that could bring a juvenile within the jurisdiction of the juvenile court is referred to the juvenile officer. The juvenile officer makes a "preliminary inquiry" and if it appears the juvenile is within the jurisdiction of the court, the juvenile officer must either make informal adjustment or file a petition. If the juvenile officer makes a determination that the juvenile is not within the jurisdiction of the court the juvenile officer shall "if practicable" notify the informant. Once receiving a notice that the juvenile does not appear to be within the jurisdiction of the juvenile court, the informant or "any other person" may bring the matter directly to the attention of the juvenile court by presenting the information in writing to a judicial officer of the court. If it appears to the judge that the information could bring the juvenile within the jurisdiction of the juvenile court, the judge "may order the juvenile officer to take further action, including making a further preliminary inquiry, or making informal adjustment, or filing a petition." Supreme Court Rule 111.01.

 

Section 211.081, RSMo is the statutory provision dealing with preliminary inquiry. This section is written differently from Supreme Court Rule 111 in that this section seems to authorize initial notification to the juvenile court and further requires that "the court shall make or cause to be made a preliminary inquiry." Section 211.081.1, RSMo. The section goes on to provide that on the basis of the preliminary inquiry, the juvenile court may make such informal adjustment as is practicable without a petition or may authorize the filing of a petition by the juvenile officer. The section further prohibits an order of disposition placing the child at any location outside the state of Missouri without the court first receiving the approval of the Division of Family Services. Section 211.081.1, RSMo.

 

Informal adjustment includes the giving of counsel and advice to the juvenile and the juvenile's parent, guardian or custodian by the juvenile officer and other appropriate persons. Informal adjustment may include supervision by the juvenile officer. The juvenile officer may also make referrals to public and private agencies that may provide beneficial guidance or services to the juvenile and the juvenile's custodian. Supervision by the juvenile officer or temporary placement of the juvenile with a person other than the custodian requires consent of the parent, guardian or custodian and, if the juvenile is 14 years of age or older, consent of the juvenile. Supreme Court Rule 112.01.

 

The informal adjustment process is governed by Supreme Court Rule 112 and includes provisions related to notice to the parties, rights at the informal adjustment conference and guidelines for additional conferences and the termination of the informal adjustment process. The informal adjustment process shall not continue beyond a six month period from its commencement unless extended by the court for an additional period not to exceed six months by an order entered prior to the expiration of the original six month period. Supreme Court Rule 112.04(b).

 

During informal adjustment, the juvenile officer may allow the child to make restitution or reparation for any damage or loss caused by the child's offense. Section 211.083.1(1), RSMo. Restitution or reparation must be reasonable in view of the child's ability to make payment or perform the reparation. The child may also be allowed during informal adjustment to complete a term of community service. Section 211.083.1(2), RSMo. Every person, organization, and agency, and each employee thereof, who supervises a child performing community service, or who benefits from any services performed, is immune from any suit by the child, or any person deriving a cause of action from the child, if the cause of action arises from the supervision of the child's performance of services and if the cause of action does not arise from an intentional tort or any wanton, willful or malicious conduct. Section 211.083.2, RSMo. A child performing community service is not deemed an employee within the meaning of Chapter 287, RSMo, nor are the services of a child performing community service deemed employment within the meaning of the provisions of Chapter 288, RSMo.

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