Chapter 18: Physical and Mental Examination
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Section 18.1 Physical and Mental Examination of Juvenile |
At any time after a petition has been filed, the court may order the juvenile be examined by a physician, psychiatrist or psychologist appointed by the court to aid the court in determining the following:
1. Any allegation of the petition relating to the juvenile's mental health or physical condition;
2. The juvenile's competence to participate in the proceedings;
3. Whether the juvenile is a proper subject to be dealt with by the juvenile court; or
4. Any other matter relating to the adjudication or disposition of the case including the proper disposition or treatment of a juvenile.
The services of a public or private hospital, institution, or psychiatric or health clinic may be used for purpose of a physical or mental examination of a juvenile. Supreme Court Rule 117.01. See also Section 211.161, RSMo. Section 211.161, RSMo, which provides that psychiatric examinations of children by court appointed physicians shall be paid by the county when approved by the court, does not provide that psychiatric examinations of juveniles can be taxed as "costs." State v. D.S., 606 S.W.2d 653 (Mo. 1980).
If the court intends to commit the child to the custody of the Department of Mental Health for a period longer than 30 days, the court must follow the procedure set forth in Section 211.201 to 211.207, RSMo.
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Section 18.2 Physical and Mental Examination of Custodian Prior to Adjudication, |
| But After Hearing |
Prior to the hearing on the petition or motion to modify and after a hearing, the court may order examination by a physician, surgeon, psychiatrist or psychologist of a parent, guardian, or custodian whose ability to care for a juvenile who is before the court is in question. Supreme Court Rule 117.02(a).
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Section 18.3 Physical and Mental Examination of Custodian After Adjudication |
After the hearing on petition or motion to modify, the court may order examination by a physician, surgeon, psychiatrist or psychologist of any person whose ability to care for a juvenile who is before the court is in question. Supreme Court Rule 117.02(b). A hearing is not required after adjudication for physical and/or mental exam. Supreme Court Rule117.02(c).