Chapter 12: Presence and Exclusion of Parties at Hearings
| Section 12.1 |
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Juvenile or Custodian Fails to Appear |
| Section 12.2 |
Exclusion of the Juvenile |
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| Section 12.3 |
Exclusion of Custodian |
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| Section 12.4 |
Factors to Consider |
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| Section 12.5 |
Unruly or Disruptive Persons |
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| Section 12.6 |
Subsequent Voluntary Absence of the Juvenile |
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Section 12.1 Juvenile or Custodian Fails to Appear |
The juvenile and the juvenile's custodian have the right to be present at all times during any hearing pursuant to the provisions of Supreme Court Rules 124.03 and 128.01.
Section 1.96 Juvenile or Custodian Fails to Appear
However, where the juvenile or his custodian fails to appear after proper service or notice has been made, the court may, in its discretion, commence the hearing without the presence of the juvenile or his custodian except that the hearing may not be commenced without the presence of the juvenile in the following circumstance:
1. A hearing conducted pursuant to Section 211.071 and Supreme Court Rule 129 to determine the suitability of treatment of the juvenile under the juvenile code.
2. A hearing conducted pursuant to Section 211.031.1(2) or (3) alleging status or delinquent behavior.
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Section 12.2 Exclusion of the Juvenile |
The court may, in its discretion, exclude the juvenile from any part of the hearing where it appears that exclusion is in the best interests of the juvenile except that the juvenile may not be excluded from the following hearings:
1. A hearing conducted pursuant to Section 211.071 and Rule 129 to determine the suitability of treatment of the juvenile under the juvenile code.
2. A hearing conducted pursuant to Section 211.031.1 (2) or (3) alleging status or delinquent behavior.
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Section 12.3 Exclusion of Custodian |
The court may, in its discretion, exclude the juvenile's custodian from any part of a hearing where it appears that exclusion is in the best interests of the juvenile. Supreme Court Rules 124.03(e) and 128.01(e).
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Section 12.4 Factors to Consider |
In determining whether to proceed without the presence of the juvenile or his custodian, the court shall consider, among other things, the age and emotional maturity of the juvenile, whether the juvenile is represented by counsel, the relationship between the juvenile and his custodian, the nature and probable value of the evidence which may be presented, and whether the juvenile or his custodian has expressly requested to be present during the hearing or during the presentation of the evidence. Supreme Court Rules 124.03(f) and 128.01(g).
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Section 12.5 Unruly or Disruptive Persons |
Supreme Court Rules do not restrict the power of the court to exclude an unruly or disruptive person from the hearing where such exclusion is necessary to the orderly conduct of the court proceedings. Supreme Court Rules 124.03(g) or 128.01(g).
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Section 12.6 Subsequent Voluntary Absence of the Juvenile |
If a status or delinquent proceeding is commenced with the presence of the juvenile, the subsequent voluntary absence of the juvenile does not deprive the court of jurisdiction to conduct the hearing to a conclusion. Supreme Court Rule 128.01(c).