Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 51.15, entitled "Disqualification of Family Court Commissioner," of Rule 51, entitled "Venue, Including Change of Venue and Change of Judge," and in lieu thereof adoption of a new subdivision 51.15, entitled "Change of Family Court Division Commissioner."

(2) Adoption of Rule 130, entitled "Family Court Division Commissioners," consisting of subdivisions 130.01 to 130.13, inclusive, and the comments thereto.

(3) Repeal of Court Operating Rule 23.01, entitled "Reporting Requirements for Child Abuse and Neglect Cases," and in lieu thereof adoption of new Court Operating Rule 23.01, entitled "Reporting Requirements for Child Abuse and Neglect Cases."

(4) Repeal of the rules of practice and procedure in the juvenile and family division of the circuit courts, consisting of Rules 110 to 129, inclusive, as well as all comments, source notes, and notes on use as well as Appendix A and Appendix B, and in lieu thereof adoption of new Rules 110 to 129, Appendix A, Appendix B, and Appendix C, as well as comments and cross-references contained therein.


1.  It is ordered that effective January 1, 2010, subdivision 51.15 of Rule 51 be and the same is hereby repealed and a new subdivision 51.15 adopted in lieu thereof to read as follows:

51.15  CHANGE OF FAMILY COURT DIVISION COMMISSIONER

Rules 51.05, 51.06, and 51.07 shall apply to family court division commissioners, except as provided in Rule 121.
 

2.  It is ordered that effective January 1, 2010, Rule 130, entitled "Family Court Division Commissioners," consisting of subdivisions 130.01 to 130.13, inclusive, and the comments thereto be and the same are hereby adopted to read as follows:

130.01  APPLICABILITY OF RULES

This rule shall govern practice and procedures before commissioners hearing juvenile or family law matters pursuant to section 211.025, RSMo, or chapter 487, RSMo.
 
Comment

Section 487.020, RSMo, authorizes the appointment of commissioners to hear family court matters in those circuits or counties having a family court.  Section 211.025, RSMo, authorizes the judge of the juvenile court in certain counties that do not have a family court under chapter 487, RSMo, to refer matters to a commissioner.  This rule is to apply to practices and procedures before commissioners acting under either provision.


130.02  AUTHORITY FOR RULE

This rule is promulgated pursuant to the authority granted this Court by article V, section 5 of the Constitution of Missouri and supersedes all statutes and existing court rules inconsistent therewith.


130.03  DEFINITIONS

As used in this rule, unless the context requires a different meaning:


(1) "Administrative judge" means the administrative judge of the family court or, in circuits having one judge sitting as family court judge or juvenile court judge, the judge of the family court or juvenile court;

(2) "Commissioner" means commissioner of the court;

(3) "Court" means a juvenile division of the circuit court or a family court division of the circuit court or a judge or commissioner acting for such a division;

(4) "Family court" means a division of the circuit court operating as a family court division as defined in chapter 487, RSMo;

(5) "Judge" means a judge of the court;

(6) "Juvenile court" means the division of the circuit court that presides over proceedings under the juvenile code that is not a family court as defined by chapter 487, RSMo;

(7) "Juvenile code" means chapter 211, RSMo, as amended;

(8) "Party" means the juvenile officer, a juvenile who is the subject of a proceeding under the juvenile code, and the custodian of that juvenile as defined in Rule 110.04a(5), and any person denominated in a pleading, by statute or by court order as a party in the proceedings;

(9) "Person" includes natural persons, corporations, and agencies of government;

(10) "This rule" means Rule 130.



130.04  FUNCTIONS AND POWERS OF COMMISSIONER

The functions and powers of the commissioner shall be to hear and make findings and recommendations in cases or proceedings assigned to the commissioner by general or special order of the administrative judge. The commissioner shall have the same powers and authority to manage those assigned cases and proceedings as would a judge, but the commissioner shall have no other administrative functions unless such functions are assigned by the administrative judge.

Comment

This Rule 130.04 makes clear that, except for the powers and authority to manage those cases and proceedings assigned to the commissioner, the commissioner has only such administrative authority as may be delegated or assigned to the commissioner by the administrative judge of the family court.


130.05  ASSIGNMENT OF CASES TO COMMISSIONER

The administrative judge may direct that any case or class of cases pending in the court be heard by the commissioner in the manner provided for hearing of cases by law and may direct that detention hearings, informal hearings, and hearings upon any proceedings under the juvenile code and chapters 210, 452, 454, and 455, RSMo, shall be heard in the first instance by the commissioner.  The administrative judge may direct such assignments on a case-by-case basis or by general order directing the appropriate designated employee of the court to assign matters to the commissioner for hearing in accordance with a general plan established by the administrative judge or by any other appropriate method determined by the administrative judge that tends to facilitate the operation of the court.

Comment

This Rule 130.05 is intended to explain and implement the statutory language of section 487.040, RSMo, and section 211.025, RSMo, and to authorize the adoption of a general procedure whereby cases and procedures of certain types may be assigned directly to the commissioner as a matter of course.


130.06  DESIGNATION OF LOCATION OF HEARINGS

The circuit and associate circuit judges en banc may designate by order the location within the geographical jurisdiction of the court where the commissioners shall conduct hearings subject to the provisions of section 487.040, RSMo. 

Comment

This proposal is consistent with section 487.040.2, RSMo.


130.07  NOTICE OF FINDINGS AND RECOMMENDATIONS

In each case heard by the commissioner, notice of the findings and recommendations of the commissioner, together with a statement that the matter is being transferred to a judge, shall be given to the parties whose case or proceeding has been heard by the commissioner and, where appropriate, to the juvenile, the juvenile's custodian and any other person that the court may direct.  This notice may be given at the hearing or by mail or other service directed by the court.  The notice shall be given in writing unless given orally in person at the hearing to the parties on the record.
 
Comment

Although notice that the case is being transferred may be given orally in person at the hearing to the parties on the record, it would appear advisable in every case for the parties to be given such statement in a dated writing.


130.08  TRANSMISSION OF FINDINGS AND RECOMMENDATION
 TO JUDGE

Upon the conclusion of the proceedings or case, the commissioner shall transmit to the administrative judge or such other judge as shall be designated by the administrative judge all papers relative to the proceedings or case, together with the commissioner's findings and recommendations in writing.


130.09  ADOPTION, AMENDMENT, MODIFICATION OR REJECTION
OF FINDINGS AND RECOMMENDATIONS - ENTRY OF
JUDGMENT - ORDERING DE NOVO HEARING


(a)  After receipt and review of the commissioner's findings and
recommendations, the judge shall either adopt, as transmitted, amended or modified, or reject the findings and recommendations of the commissioner.


(b) If the judge adopts the findings and recommendations of the
commissioner, the judge shall enter a judgment of the circuit court.


(c) If the judge rejects the findings and recommendations of the
commissioner, the judge shall schedule a hearing de novo before the judge. After the hearing, the judge shall enter a judgment of the circuit court.

Comment

This Rule 130.09, in part, is inconsistent with section 487.030, RSMo.  It requires entry by a judge on all judgments.  It also authorizes the judge to adopt, amend, modify, or reject the findings and recommendations of the commissioner and sets forth procedures to be followed in each instance.  To the extent inconsistent with this Rule 130.09, section 487.030, RSMo, is superseded.


130.10  TEMPORARY ORDERS

Upon receipt of the commissioner's findings and recommendations and pending the entry of a judgment, the judge, after review of the commissioner's findings and recommendations, may make a temporary order.


130.11  REHEARING BEFORE COMMISSIONER

Upon request of any party or upon the judge's own motion, the judge may order a rehearing before the commissioner in any case or proceeding, with such directions to the commissioner as the judge may deem appropriate.  The findings and recommendations of the commissioner upon such rehearing shall be treated under this rule in the same manner as original findings and recommendations of the commissioner.

Comment

Where the findings and recommendations of the commissioner are incomplete or otherwise invalid, efficient use of judicial resources may dictate that the matter be returned to the commissioner for rehearing.  This Rule 130.11 authorizes the judge of the family court to direct a rehearing of any matter before the commissioner.


130.12  NOTICE OF ENTRY OF JUDGMENT OR SCHEDULING OF
 DE NOVO HEARING

In each case where judgment is entered or a de novo hearing is ordered, notice of the entry of the judgment or the scheduling of the de novo hearing shall be given by mail to each party who was not present in court in person or by attorney at the time of the entry of the judgment or the scheduling of the hearing.


130.13  MOTION FOR REHEARING - WHEN FILED - WHEN
 OVERRULED


(a) Unless waived by the parties in writing, a party to a case or proceeding heard by a commissioner, within 15 days after the mailing of notice of the filing of the judgment of the court, may file a motion for rehearing by a judge of the court.  The juvenile officer shall have no right to file a motion for rehearing of any judgment of the circuit court in proceedings under subdivisions (2) or (3) of subsection 1 of section 211.031, RSMo.

(b) The judge shall rule on the motion for rehearing promptly.  If the motion for rehearing is not ruled on within 45 days after the motion is filed, it is overruled for all purposes.

3.  It is ordered that effective January 1, 2010, Court Operating Rule 23.01 be and the same is hereby repealed and a new Court Operating Rule 23.01 adopted in lieu thereof to read as follows:

Court Operating Rule 23.01 REPORTING REQUIREMENTS FOR
           CHILD ABUSE AND NEGLECT CASES

(a) All hearings in any proceeding filed pursuant to section 211.031.1(1), RSMo, shall be held within the time frames established in Rule 124.01.  Each circuit and each judicial officer assigned to the juvenile division in each circuit is responsible for holding such hearings within these time frames.

(b) The presiding judge in each circuit shall submit a quarterly report to the office of state courts administrator for each hearing in a proceeding filed pursuant to section 211.031.1(1), RSMo, not held within the specified time frame in Rule 124.01.  The first such report, for the period from July 1, 2005 to September 30, 2005, shall be submitted on or before October 15, 2005.  Each subsequent report shall be submitted on or before the 15th day of the first month after conclusion of the quarter for which the report is submitted.  The office of state courts administrator shall direct a copy of each report to this Court and the commission on retirement, removal and discipline.

(c) The appropriate judicial officer shall prepare the report, which shall contain for each reported case the following:


(1) Case number;

(2) Style;

(3) Type of hearing;

(4) Required hearing date;

(5) Date(s) of hearing (if held);

(6) Date hearing scheduled (if not held);

(7) Reason(s) for delays;

(8) Number of continuances;

(9) Compelling, extenuating circumstances found by the judicial officer to support each continuance outside the applicable time frame; and

(10) Plan of each judicial officer to comply with the required time frames during the next following quarter.


(d) The office of state courts administrator shall provide courts with assistance in implementing the time frames in Supreme Court Rule 124.01, including, but not limited to:


(1) Management reports showing the status of cases;

(2) Information and training on effective case management; and

(3) Available needed additional nonjudicial resources.

(e) Compliance with the required time frames shall be based on data collected by the office of state courts administrator.

(f) The Judiciary’s annual report shall include only summary data by circuit.

4.  It is ordered that effective January 1, 2010, the rules of practice and procedure in the juvenile and family court divisions of the circuit courts, consisting of Rules 110 to 129, inclusive, as well as all comments, source notes, and notes on use as well as Appendix A and Appendix B be and the same are hereby repealed and new rules of practice and procedure in the juvenile and family court divisions of the circuit courts, consisting of Rules 110 to 129, adopted in lieu thereof as well as Appendix A, Appendix B, and Appendix C, as well as comments and cross-references contained therein to read as attached to this order.  

5.  It is ordered that notice of this order be published in the Journal of The Missouri Bar.

6.  It is ordered that this order be published in the South Western Reporter.

Day - to - Day

______________________
LAURA DENVIR STITH
Chief Justice




110.01  APPLICABILITY OF RULES

Rules 110 to 129 shall govern practice and procedure in the juvenile court and family court divisions of the circuit court under sections 210.125, 210.160, 210.166, 210.700 to 210.760, RSMo, and chapter 211, RSMo.

Comment

Any proceeding under subsection 1 of section 211.031, RSMo, is subject to, and governed by, the Adoption and Safe Families Act; therefore, judicial officers must be cognizant of, and comply with, the requirements of the act.

Appendix A, Standards for Operation of a Juvenile Detention Facility; Appendix B, Revised Missouri Standards for the Administration of Juvenile Justice; and Appendix C, Standards with Comments for Guardians ad Litem in Missouri Juvenile and Family Courts, are attached to, but are not part of, these rules.  


110.02  AUTHORITY FOR RULES

Rules 110 to 129 and Rule 130 are promulgated pursuant to the authority granted this Court by section 5 of article V of the Missouri Constitution and supersede all statutes and existing court rules inconsistent therewith.  They are intended to provide for the just determination of proceedings in court, as that term is defined in Rule 110.04.  Rules 110 to 129 and Rule 130 shall be construed to assure simplicity and uniformity in judicial procedure and fairness in the administration of justice and to conduce to the welfare of the juvenile and the best interests of the state.

Comment

The rule-making power of the Supreme Court is granted by section 5 of article V of the Missouri Constitution, which provides:

The Supreme Court may establish rules of practice and procedure for all courts.  The rules shall not change substantive rights, or the law relating to evidence, the oral examination of witnesses, juries, the right to trial by jury, or the right of appeal.  The court shall publish the rules and fix the day on which they take effect, but no rule shall take effect before six months after its publication.  Any rule may be annulled or amended by a law limited to the purpose.

The rules are to be construed to achieve the purposes of section 1.092, RSMo, and the juvenile code as set forth in section 211.011, RSMo.


110.03  PROCEDURE WHEN RULES NOT APPLICABLE

If no procedure is specifically provided in these rules, the court shall be governed by the practice and procedure customary in proceedings in equity.  To the extent not inconsistent with these rules, the court shall be governed:

(1) In any proceeding under subdivisions (1) and (2) of subsection 1 of section 211.031, RSMo, by Rules 41 to 101, and

(2) In any proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, by Rule 25.

Comment

Section 211.171.7, RSMo, provides:  "The practice and procedure customary in proceedings in equity shall govern all proceedings in the juvenile court."

Section 487.160, RSMo, provides:  "Any reference in the statutory laws of this state to the juvenile division of the circuit court shall be deemed to include the family court when involving matters previously within the exclusive original jurisdiction of the juvenile division if such inclusion is not in conflict with the provisions of section 487.010 to 487.190."


110.04  DEFINITIONS

a.  As used in Rules 110 to 129, unless the context requires a different meaning:

(1) "administrative judge" means the administrative judge of the family court or, in a circuit having one judge sitting as a family court judge or juvenile court judge, the judge of the family court or juvenile court;

(2) "county" means any county of the state and the city of St. Louis;

(3) "court" means the juvenile court, a family court when hearing matters that would be heard in the juvenile court, or a judicial officer within the juvenile court or within the family court when hearing matters that would be heard in the juvenile court;

(4) "court appointed special advocate" means a volunteer advocate, who may or may not be a licensed attorney, sworn as an officer of the court and appointed to act as a guardian ad litem or to assist in the performance of guardian ad litem duties for the court;

(5) "custodian" means any person having physical custody of a juvenile in the absence of an order of court;

(6) "detention" means the retention of physical custody, as authorized by the juvenile officer or ordered by the court, of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo;

(7) "detention facility" means a place for the temporary care of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, and includes a place that is physically confining, but does not include a jail or other adult detention facility unless the juvenile is 17 years or older;

(8) "family court" means a division of a circuit court operating pursuant to chapter 487, RSMo;

(9) "guardian" means a person appointed or qualified by a court, or otherwise legally authorized, to have custody of a juvenile;

(10) "judicial custody" means the taking of physical custody of a juvenile by a physician, law enforcement officer or juvenile officer as provided by law, and the retention of physical custody of a juvenile in temporary protective custody, protective custody, or detention;

(11) "judicial officer" means a judge or commissioner of the court, except that "judicial officer" only means a judge of the court when the context indicates the exercise of judicial authority;

(12) "juvenile" means a person under 21 years of age who is subject to the jurisdiction of the court;

(13) "juvenile code" means chapter 211, RSMo, as amended;

(14) "juvenile court" means the juvenile division of the circuit court in a circuit that has not established a family court pursuant to chapter 487, RSMo;

(15) "juvenile officer" includes a deputy juvenile officer and other court personnel authorized to exercise the powers of the juvenile officer;

(16) "legal custody" means the right to the care, custody and control of a juvenile and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline to a juvenile;

(17) "municipal ordinance" means an ordinance duly adopted by any city, town, village or county of the state;

(18) "out-of-home placement" means the placement of a juvenile in a licensed foster or approved relative home, in a licensed residential facility or licensed foster group home, or with a suitable person;

(19) "parent" means any presumed father, natural parent, legal parent, or adoptive parent whose parental rights have not been terminated;

(20) "party" means the juvenile who is the subject of the proceeding, the parents, guardian and custodian of the juvenile, other than any foster parents of the juvenile, the juvenile officer, the children’s division in any case in which the division provides services to the juvenile or has legal custody of the juvenile, and any other person denominated by statute, these rules, or court order as a party in the proceeding;

(21) "person" includes natural persons, corporations, and agencies of government;

(22) "physical custody" means actual custody or physical possession of a juvenile;

(23) "placed in foster care" means placement of a juvenile in the care and custody of the children’s division or similar agency or institution authorized by law to care for juveniles removed from their parent, guardian or custodian;

(24) "presumed father" means a man presumed to be the biological father of a juvenile pursuant to sections 210.819 to 210.853, RSMo;

(25) "protective custody" means the retention of physical custody, as authorized by the court after a hearing, of a juvenile in judicial custody in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo;

(26) "reasonable efforts" means the exercise of reasonable diligence and care by the children’s division to utilize all available services related to meeting the needs of a juvenile and the juvenile’s family;

(27) "relative" means a person related to a juvenile by blood, adoption, or affinity within the third degree;

(28) "secure detention" means the temporary placement of a juvenile in a public or private residential facility that includes construction fixtures designed to physically restrict the movements and activities of juveniles held in the facility;

(29) "temporary protective custody" means temporary placement of a juvenile alleged to be subject to the jurisdiction of the court under subdivision (1) or (2) of subsection 1 of section 211.031, RSMo, within a hospital, medical facility, foster care facility or such suitable placement as authorized by the court; provided, however, such placement shall not be within a secure detention facility;

(30) "these rules" means Rules 110 to 129.

b. The singular does not include the plural, the plural the singular, nor the masculine the feminine.

Comment

The definitions set forth in this Rule 110.04 do not apply to Appendix A, Appendix B, or Appendix C.  

The definitions set forth in this Rule 110.04 differ somewhat from those employed in the juvenile code.  Those changes have been made in the interest of consistency and ease of understanding.

"Child" is not defined in these rules.  Instead, the term "juvenile" is used.  The juvenile code employs the term "child," defining it in section 211.021(2), RSMo, to mean a person under 17 years of age, but the term itself is not consistently so used in the juvenile code; in many instances, the term also necessarily includes a person over the age of 17 years.  The definition of "juvenile" is used consistently in these rules.

As used in these rules, "children’s division" includes private agencies that have contracted with the children’s division to provide case management services.  Whenever the children's division is a party to a proceeding under subsection 1 of section 211.031, RSMo, it shall be served with copies of all pleadings, motions, orders, judgments, and notices required by rule or statute to be served upon a party and shall receive all written reports, social records and other documents intended to be presented at any hearing for the court to review and consider.

Counsel may appear on behalf of the children’s division at any hearing held in accordance with Rules 123 and 124 in addition to, or in substitution for, the designated representative of the children’s division.  Upon entering an appearance, counsel for the children's division shall receive from the clerk, upon request, copies of all prior pleadings, motions, orders and judgments.  

A proceeding under subdivision (2) of subsection 1 of section 211.031, RSMo, is governed by Rules 123 and 124 if the juvenile is placed in temporary protective custody or protective custody and by Rules 126 to 128 if the juvenile is placed in detention.

Cross-reference:  Sections 210.160.5, 210.481, 210.565.2, 210.817(4), 211.183.2, 211.183.9, 404.007(10), RSMo.


111.01  PRELIMINARY INQUIRY

a.  Information that could bring a juvenile within the jurisdiction of the court shall be referred to the juvenile officer.  Such information, including the name and address of the informant, shall be in writing and, unless impracticable, signed by the informant.

b.  The juvenile officer shall make a preliminary inquiry and, if it appears to the juvenile officer that the juvenile is within the jurisdiction of the court, the juvenile officer shall either:

(1) make an informal adjustment pursuant to Rule 112; or

(2) file a petition pursuant to Rule 113.

c.  If it does not appear to the juvenile officer that the information could bring the juvenile within the jurisdiction of the court, the juvenile officer, if practicable, shall so notify the informant.  Any person, including the informant, may thereafter bring the matter directly to the attention of the court by presenting the information in writing to a judicial officer of the court.  If it appears to the judicial officer that the information could bring the juvenile within the jurisdiction of the court, the judicial officer may order the juvenile officer to take further action, including making a further preliminary inquiry, making an informal adjustment, or filing a petition.

Comment

Under this Rule 111.01, it is not necessary that a judicial officer approve the filing of a petition.  See Rule 113.01.

Under the juvenile code, only the juvenile officer may file a petition.  State v. Taylor, 323 S.W.2d 534 (Mo. App. 1959).  This Rule 111.01 is not intended to modify the decision in Taylor.



112.01   INFORMAL ADJUSTMENT

a.  Informal adjustment shall include the giving of guidance and advice to a juvenile and the parents, guardian or custodian of the juvenile by the juvenile officer and other persons, as appropriate.

b.  Informal adjustment may include, with the consent of the juvenile and of the juvenile’s parent, guardian or custodian, supervision by the juvenile officer and temporary placement of the juvenile with persons other than the juvenile’s parent, guardian or custodian, as provided by law.

c.  Referrals may be made by the juvenile officer to public and private agencies that may provide beneficial guidance or services to the juvenile and the juvenile’s parents, guardian or custodian.

Comment

The purpose of this Rule 112.01 is to ensure that the juvenile and the juvenile’s parents, guardian or custodian understand that the informal adjustment process is merely an offer by the juvenile officer of guidance and advice to the juvenile and the juvenile’s parents, guardian or custodian and does not constitute "official" action by the court that commands participation and compliance.
Cross-reference: Sections 453.110, 211.081, RSMo.


112.02  NOTICE TO PARTIES

a.  When the juvenile officer determines an informal adjustment conference to be appropriate, the juvenile officer shall request the juvenile and the juvenile’s parents, guardian or custodian, by letter, telephone or otherwise, to attend the informal adjustment conference at a designated date, time and place.

b.  The juvenile and the juvenile’s parents, guardian or custodian shall be informed that their attendance at the informal adjustment conference is voluntary and that each may be represented by counsel at the conference.

c.  The juvenile and the juvenile’s parents, guardian or custodian should be advised by the juvenile officer that, though their attendance at the informal adjustment conference is voluntary, their failure to participate may terminate the informal adjustment process and may result in the filing by the juvenile officer of a petition in the interest of the juvenile under subsection 1 of section 211.031, RSMo.

112.03  INITIAL INFORMAL ADJUSTMENT CONFERENCE

a.  If the juvenile and the juvenile’s parents, guardian or custodian appear at the initial informal adjustment conference without counsel, the juvenile officer shall inform them at the commencement of the conference of the right to counsel under Rule 115.01 and the right of the juvenile to remain silent.  If the juvenile or the juvenile’s parents, guardian or custodian requests to be represented by counsel, the juvenile officer shall adjourn the informal adjustment conference to afford an opportunity to consult counsel.

b.  The juvenile officer shall inform the juvenile and the juvenile’s parents, guardian or custodian at the initial informal adjustment conference that:

(1) the juvenile officer has received information concerning the juvenile that appears to establish the jurisdiction of the court under subsection 1 of section 211.031, RSMo;

(2) the juvenile officer will discuss with them during the informal adjustment process:

(A) recommendations for action or conduct in the interest of the juvenile to correct the behavior or environment that exists;

(B) the need for continuing conferences and contacts with the juvenile officer or other authorized persons; and

(C) the juvenile’s general behavior, the juvenile’s home and school environment, and other facts bearing upon the informal adjustment process;

(3) no petition will be filed during the informal adjustment process;

(4) the informal adjustment process is voluntary, and the juvenile and the juvenile’s parents, guardian or custodian may withdraw their participation at any time;

(5) if the juvenile or the juvenile’s parents, guardian or custodian at any time denies that the court has jurisdiction under subsection 1 of section 211.031, RSMo, or at any time requests the facts be determined by the court at an evidentiary hearing, the juvenile officer will terminate the informal adjustment process; and

(6) the juvenile officer may at any time terminate the informal adjustment process.  In doing so, the juvenile officer may either dismiss the juvenile without further proceedings or file a petition in the interest of the juvenile under subsection 1 of section 211.031, RSMo.

c.  Subsequent informal adjustment conferences may be scheduled by the juvenile officer at any time and from time to time during the informal adjustment process.

Comment

Section 211.081, RSMo, provides that a court may "make such informal adjustment as practicable."  However, the juvenile code does not describe how an informal adjustment is to be accomplished.

Rule 112.03b is advisory and intended merely as a guideline for conducting the initial informal adjustment conference.  Modification of the procedures in Rule 112.03b to meet differing circumstances is permitted.


112.04  TERMINATION OF INFORMAL ADJUSTMENT

a.  The juvenile officer may terminate the informal adjustment process and either dismiss the juvenile without further proceedings or file a petition in the interest of the juvenile under subsection 1 of section 211.031, RSMo, if at any time:

(1) the juvenile officer determines that the juvenile or the juvenile’s parents, guardian or custodian has received maximum benefit from the informal adjustment process; or

(2) the juvenile or the juvenile’s parents, guardian or custodian declines to participate further in the informal adjustment process; or

(3) the juvenile or the juvenile’s parents, guardian or custodian denies the jurisdiction of the court to act under subsection 1 of section 211.031, RSMo; or

(4) the juvenile or the juvenile’s parents, guardian or custodian requests that the facts be determined by the court at an evidentiary hearing; or

(5) the juvenile or the juvenile’s parents, guardian or custodian fails without reasonable excuse to attend a scheduled informal adjustment conference; or

(6) the juvenile officer determines that the juvenile or the juvenile’s parents, guardian or custodian is unable or unwilling to benefit from the informal adjustment process; or

(7) the juvenile officer determines based on new or additional information that further efforts at informal adjustment are not in the best interests of the juvenile, the juvenile’s parents, guardian or custodian, or the community; or

(8) other sufficient reasons exist for terminating the informal adjustment process.

b.  The informal adjustment process shall not continue beyond a period of six months from the date of the informal adjustment agreement unless extended by the court for an additional period not to exceed six months by an order entered prior to expiration of the original six month period.

c.  Upon termination of the informal adjustment process and dismissal of the juvenile without further proceedings, the juvenile officer shall notify the juvenile, the juvenile’s parents, guardian or custodian, and the court.

Comment

Under this Rule 112.04, the informal adjustment process may not in any event continue beyond a period of 12 months from the date of the informal adjustment agreement.  The purpose of a time limit upon the informal adjustment process is both to reduce the possibility of abuse and to require any long-range program for the juvenile or the juvenile’s parents, guardian or custodian to be approved by the court.

The informal adjustment process does not authorize detention of the juvenile unless permitted by the juvenile code or by these rules.



113.01  STYLE AND CONTENT OF PETITION

a.  The petition shall be entitled, "In the Interest of ____, (Male) (Female), Date of Birth ____."

b.  The petition may be filed upon information and belief and shall set forth plainly, concisely, and with reasonable particularity:

(1) the full name, birth date, and residence of the juvenile in whose interest the petition is filed;

(2) the name and residence of:


(A) the juvenile’s parents;

(B) the juvenile’s legal guardian, if there is one;

(C) any person or agency with custody of the juvenile;

(D) the juvenile’s nearest known relative, if no parent or guardian can be found; and

(E) the juvenile’s spouse, if there is one;

(3) the facts that bring the juvenile within the jurisdiction of the court, including the date, place and manner of the acts alleged, and the law or standard of conduct, if any, allegedly violated by the acts; and

(4) any other pertinent data or information.

c.  The petition shall be filed with the clerk.

Comment

This Rule 113.01 generally follows section 211.091, RSMo, in specifying the form and content of the petition.  However, the rule requires that the date of birth and sex of the juvenile appear in the caption and that the facts bringing the juvenile within the jurisdiction of the court be more clearly specified than required in section 211.091, RSMo.  Additionally, the rule provides that the petition may be filed upon the information and belief of the juvenile officer.

A petition alleging a violation of subdivision (3) of subsection 1 of section 211.031, RSMo, shall state the alleged offense substantially in the form of the Missouri Approved Charges-Criminal.  If there is no applicable approved charge, the juvenile officer shall make certain that, in stating the alleged offense, the petition includes all elements of the offense charged.


113.02  AMENDMENT OF PETITION

a.  The petition may be amended by leave of court at any time.

b.  When the petition is amended, the court shall grant the parties such additional time to prepare as may be necessary to ensure a full and fair hearing.

Comment

If filing an amended petition in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, necessitates a continuance of a scheduled hearing on the petition, the judicial officer must consider the requirement in Rule 124.04a(2) that a hearing may be continued outside the time frames in Rule 124.01 only for compelling extenuating circumstances.

When the petition alleges violation by the juvenile of a state statute or municipal ordinance, care must be taken to comply with the requirements of due process if the petition is amended after the hearing on the petition has commenced.

Cross-reference:  Supreme Court Rules 55.53, 55.54.


113.03  RESPONSIVE PLEADINGS AND MOTIONS

No party is required to file a responsive pleading.  A party may file a response to any pleading or motion at any time prior to, or at commencement of, the hearing on the pleading or motion.

Comment

A party filing a response to a pleading or motion must effect service of the response upon all parties pursuant to Rule 114.05.

114.01  SUMMONS AND SERVICE OF PETITION

a.  When a petition is filed and a date for hearing set in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the clerk shall issue a summons for service upon all parties.  Unless the court orders otherwise, the summons shall direct the custodian of the juvenile to ensure the presence of the juvenile at the hearing.

b.  When a petition is filed and a date for hearing set in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the clerk shall issue a summons for service upon all parties.  The summons shall direct that the juvenile be present at the hearing and, unless the court orders otherwise, require the juvenile’s parents, guardian or custodian to appear at the hearing and ensure the presence of the juvenile.  If the juvenile is in a detention facility, the judicial officer shall direct that the juvenile be brought to the hearing.

c.  Service of summons upon a juvenile under this Rule 114.01 shall be made personally if the juvenile has attained the age of 12 years or, if that age has not been attained, upon the juvenile’s parent, guardian or custodian.

d.  Service of summons under this Rule 114.01 shall be made personally in the manner provided in Rule 54.  If personal service cannot be effected, service of summons may be made by registered or certified mail to the party’s last known address.

e.  The inability to effect service upon any party under this Rule 114.01 shall not deprive the court of jurisdiction to proceed.

f.  Personal service shall be effected upon the juvenile and, when required, upon the juvenile’s parents, guardian or custodian at least 24 hours before the time set for hearing.  Registered or certified mail shall be mailed at least five days before the date of the hearing.

g.  Service of summons may be made by the sheriff, the juvenile officer or, if ordered by the court, any other suitable person.

Comment

If service of the petition cannot be effected by personal service or by registered or certified mail, the juvenile officer may, but is not required to, effect service by publication.

Rule 114.01f retains the provision of section 211.111.2, RSMo, requiring a minimum of only 24 hours notice of the hearing.  However, when circumstances permit, earlier notice should be given.

The constitutional standard of adequate notice of the allegations contained in the petition is set forth in In re Gault, 387 U.S. 1 (1967):

"Notice, to comply with due process requirements, must be given sufficiently in advance of scheduled court proceedings so that reasonable opportunity to prepare will be afforded * * *  [S]uch written notice [must] be given at the earliest practicable time, and in any event sufficiently in advance of the hearing to permit preparation * * * [Due process] does not allow a hearing to be held in which a youth’s freedom and his parents’ right to his custody are at stake without giving them timely notice, in advance of the hearing, of the specific issues that they must meet."


114.02  FORM AND CONTENT OF SUMMONS

The summons shall state the date, time and place of the hearing.  A copy of the petition shall be served with the summons.

114.03  WAIVER OF SERVICE BY PARENT, GUARDIAN OR CUSTODIAN

a.  A juvenile's parent, guardian or custodian may waive service of summons on him or her by executing a written waiver.  At the time of execution of the waiver, a copy of the petition shall be given to the person executing the waiver.

b.  Appearance at the hearing on the petition by a parent, guardian or custodian of the juvenile shall constitute a waiver by the parent, guardian or custodian of service of summons.  A copy of the petition shall be given to the juvenile’s parent, guardian or custodian prior to commencement of the hearing.

Comment

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


114.04  WITNESS - SUBPOENA

A party is entitled to compulsory process for any necessary witnesses, and upon request, the clerk shall issue a subpoena stating the date, time and place of appearance.

Comment

This Rule 114.04 is broader in scope than section 211.101.4, RSMo, which provides:  "Subpoenas may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary."

This Rule 114.04 gives a party a right to subpoena witnesses that the party deems necessary without being first required to convince a judicial officer of the necessity of the witness’ presence at the hearing.  The court may deal with any abuse of the power to request subpoenas in the same manner as in other civil and criminal cases.


114.05   SERVICE AND FILING OF OTHER PLEADINGS, MOTIONS AND NOTICES

a.  All written pleadings subsequent to the original petition, all motions, other than those to be heard ex parte, and all notices and other papers that are required to be served upon a party shall be filed with the court and served upon all parties in the manner set forth in Rule 43.01; provided, however, a motion to modify with substantive allegations not in the original petition must be served with summons on all parties in accordance with Rules 114.01c and 114.01d.  

b.  Service of such pleadings, motions, notices and other papers upon the juvenile in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be effected upon the guardian ad litem appointed by the court to represent the interests of the juvenile and also upon the juvenile if he or she has attained the age of 12 years.

c.  Service of such pleadings, motions, notices and other papers upon the juvenile in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, shall be effected upon the juvenile’s counsel or, if counsel has not been retained or appointed, upon the juvenile or, if the juvenile has not attained the age of 12 years, upon the juvenile’s parents, guardian or custodian.

Comment

Juvenile proceedings are civil in nature.  Pleadings subsequent to the original petition, motions and notices are to be served in the same manner as in other civil proceedings.



115.01  RIGHT TO COUNSEL

a.  A party is entitled to be represented by counsel in all proceedings.

b.  A juvenile may waive the right to counsel in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, only with the approval of the court.

c.  Waiver of counsel by a juvenile may be withdrawn at any stage of a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, in which event the court shall appoint counsel for the juvenile if required by Rule 115.02a.

115.02  RIGHT OF JUVENILE TO APPOINTED COUNSEL

a.  In any proceeding under subsection 1 of section 211.031, RSMo, the court shall appoint counsel for the juvenile when necessary to assure a full and fair hearing.

b.  In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court shall appoint counsel, in addition to the guardian ad litem, for the juvenile if required by Rule 115.02a.  The juvenile shall not be represented by the same counsel as the juvenile’s parents, guardian or custodian.

c.  The court shall appoint counsel upon request for a juvenile prior to the filing of a petition or motion to modify under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, if the juvenile is the subject of the proceeding and appointment of counsel is required under Rule 115.02a.

d.  In any proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the juvenile and the juvenile’s parents, guardian or custodian may be represented by the same counsel in the absence of a conflict of interest.  However, where it appears to the court that a conflict of interest exists, the court shall order that the juvenile and the juvenile’s parents, guardian or custodian be represented by separate counsel and, where required under Rule 115.02a, the court shall appoint counsel for the juvenile.

e.  Appointed counsel shall be allowed a reasonable time in which to prepare to represent the juvenile.

f.  In any proceeding under subsection 1 of section 211.031, RSMo, where counsel is appointed for the juvenile, the court may assess a reasonable attorney fee and any reasonable and necessary expenses of counsel as costs.  In the discretion of the court, such costs may be adjudged against the parents, guardian or custodian of the juvenile, the informing witness as provided by law, or as otherwise provided by law.

Comment

An attorney appointed as guardian ad litem for the juvenile may also be appointed as counsel for the juvenile unless a full and fair hearing requires separate counsel.

Rule 115.02f authorizes the court to assess attorney fees and costs only as specifically authorized by law.


115.03  RIGHT OF PARENTS, GUARDIAN OR CUSTODIAN TO APPOINTED COUNSEL

a.  In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court shall appoint counsel for the juvenile’s parent, guardian or custodian upon finding that:

(1) the parent, guardian or custodian is indigent; and

(2) the parent, guardian or custodian requests appointment of counsel; and

(3) a full and fair hearing requires appointment of counsel for the parent, guardian or custodian.

b.  Appointed counsel shall be allowed a reasonable time in which to prepare to represent the parent, guardian or custodian.

c.  Appointed counsel shall serve at all stages of any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, including appeal, unless relieved by the court for good cause shown.  If no appeal is taken, services of counsel may be terminated following entry of an order of disposition.

Comment

The court may at any time, sua sponte or at the request of a party, review whether a parent, guardian or custodian is or remains indigent and, if no longer indigent, discharge appointed counsel or, if now indigent, appoint counsel if requested and required for a full and fair hearing.


115.04  APPEARANCE BY COUNSEL

a.  Counsel shall enter an appearance on behalf of the party he or she represents in a proceeding before the court by filing a written notice of appearance, filing a pleading, motion or notice signed by counsel, or appearing in open court and on the record identifying himself or herself and the party he or she is representing.

b.  After counsel has entered an appearance, counsel shall be served with copies of all subsequent pleadings, motions, orders, judgments, and notices required by rule or statute to be served on the party counsel represents.

c.  Counsel may withdraw from representing a party only with leave of court and only upon compliance with Rule 4 and any applicable local court rules.

Comment

Counsel who enters an appearance in open court on the record by identifying himself or herself and the party he or she is representing shall, in addition, file with the court a written notice of appearance containing counsel’s current address and telephone number.

Upon entering an appearance, counsel shall receive from the clerk copies of all prior pleadings, motions, orders and judgments.



116.01  RECORD OF PROCEEDINGS

A complete record of all testimony shall be kept by stenographic reporting, mechanical or electronic device, or some combination thereof.

Exhibits and other tangible evidence shall be preserved by the party offering them unless otherwise directed by the court.

Comment

A complete record should be made of all testimony in any hearing.  Thereby, a record is provided for purposes of appeal, and, as noted in Gault, the judge is spared "the unseemly duty of testifying under cross-examination as to the events that transpired in the hearings before him."  387 U.S.1, 58 (1967).

This Rule 116.01 is not applicable to informal adjustment conferences under Rule 112.


116.02  RULES OF EVIDENCE

At all hearings involving adjudication of the allegations of the petition or motion to modify, the rules of evidence shall apply.

Cross-reference:  Section 211.171.7, RSMo.  Compare section 5 of article V of the Missouri Constitution.

116.03  PRESENTATION OF EVIDENCE

In any proceeding under subsection 1 of section 211.031, RSMo, if the allegations of the petition or motion to modify are denied, evidence on the petition or motion to modify shall be presented by counsel for the juvenile officer.  If the juvenile officer is without counsel, the court shall, if practicable, appoint counsel, who may be the prosecuting attorney or an assistant prosecuting attorney.

Cross-reference: Section 211.411, RSMo.

116.04  ORDER TERMINATING PROCEEDINGS

The court may at any time terminate any proceeding under subsection 1 of section 211.031, RSMo, and dismiss the petition or motion to modify upon finding such action to serve the best interests and welfare of the juvenile and to be in the interest of the state.

Comment

This Rule 116.04 embodies the underlying philosophy of the juvenile code as stated in section 211.011, RSMo.

When terminating jurisdiction over a juvenile placed outside Missouri in a proceeding under subdivision (1) or (2) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children.  See section 210.620, RSMo.



117.01  PHYSICAL AND MENTAL EXAMINATION OF JUVENILE

a.  At any time after a petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, the court may order the juvenile in whose interest the petition or motion to modify has been filed to be examined by a physician, psychiatrist or psychologist appointed by the court to aid the court in determining:

(1) any allegation in the petition or motion to modify 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 court; or

(4) any other matter relating to the hearing on the petition or motion to modify or the proper disposition or treatment of the juvenile.

b.  The services of a public or private hospital, institution, or psychiatric or health clinic may be used to perform an examination ordered under this Rule 117.01.

Comment

This Rule 117.01 empowers the court to order a physical or mental examination of the juvenile in whose interest a petition or motion to modify has been filed under subsection 1 of section 211.031.1, RSMo.  However, the court may order the examination only after a petition or motion to modify has been filed.

A physical or mental examination of the juvenile made prior to the hearing on the petition or motion to modify may aid the court in determining, among other issues, whether the juvenile has been subjected to neglect or abuse or whether the juvenile is mentally responsible for his or her actions or in a fit condition to proceed.  Additionally, if the court determines that the juvenile is within its jurisdiction, the examination may aid the court in deciding the proper disposition or treatment of the juvenile.

Where the petition or motion to modify alleges a violation of state law or of a municipal ordinance and an examination under this Rule 117.01 is conducted prior to the hearing on the petition or motion to modify, the right of the juvenile not to incriminate himself or herself shall remain inviolate.

Cross-reference:  Section 552.020.11, RSMo.


117.02  PHYSICAL AND MENTAL EXAMINATION OF PARENTS, GUARDIAN
 OR CUSTODIAN  

a.  Prior to the hearing on the petition or motion to modify, the court may order a physician, surgeon, psychiatrist or psychologist to perform a physical or mental examination of a parent, guardian or custodian whose ability to care for the juvenile in whose interest the petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, is in question.

b.  After the hearing on the petition or motion to modify, the court may order a physician, surgeon, psychiatrist or psychologist to perform a physical or mental examination of any person whose ability to care for the juvenile in whose interest the petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, is in question.

c.  A physical or mental examination under Rule 117.02a may be ordered only after a hearing, but a physical or mental examination under Rule 117.02b may be ordered without a hearing.  

Comment

A physical or mental examination of a juvenile's parent, guardian or custodian may be necessary to a full and proper adjudication of the allegations of a petition or motion to modify filed under subsection 1 of section 211.031, RSMo.

Additionally, the court may need information at the dispositional hearing in a proceeding under subsection 1 of section 211.031, RSMo, concerning the physical or mental condition of a proposed custodian in determining whether to place the juvenile in out-of-home placement.

Because of the time frames in Rules 124.01a(2) and 124.01a(3), the court should consider at the protective custody hearing the need to order a physical or mental examination of a parent, guardian or custodian.


118.01  SOCIAL STUDY

a.  In any proceeding under subsection 1 of section 211.031, RSMo, the court, on its own motion or on the motion of any party, may order a social study, which shall include an investigation and evaluation of the habits, surroundings, conditions and tendencies of the juvenile and the juvenile’s parents, guardian or custodian.

b.  The social study shall be made by the juvenile officer or such other person the court designates.

c.  The order shall specify the date on which the social study shall be completed for submission to the court.  

d.  The court may at any time order that a supplemental social study be made.

e.  The social study and any supplements thereto may be made available to all parties and shall be made available to counsel, the guardian ad litem and any court appointed special advocate.

f.  The social study shall not be considered by the court prior to a determination that the allegations of the petition or motion to modify have been established.

Comment

This Rule 118.01 makes clear that the court may use the social study only in connection with the dispositional hearing, and may neither read nor consider the social study until finding that the allegations of the petition or motion to modify have been established.

This Rule 118.01 in no way alters the obligation of the children’s division under section 207.020.1(17), RSMo, which requires the children’s division, prior to being vested with legal custody of a juvenile, to conduct an evaluation of the juvenile, investigate the background of the juvenile, and submit to the court a written report of its findings.

Cross-reference:  Sections 211.081, 211.171, RSMo.


119.01  JUDGMENT

When a judgment is entered, the clerk shall serve a copy of the judgment entry and notice of entry of the judgment upon every party in the manner prescribed in Rule 43.01.

119.02  AMENDMENT OF JUDGMENT

a.  The court retains control over a judgment during the thirty-day period after entry of the judgment and may within that time, after giving the parties an opportunity to be heard, vacate, reopen, correct, amend or modify the judgment for good cause.

b.  Not later than 30 days after entry of a judgment, the court on its own motion may order a new trial for any reason for which it might have granted a new trial upon the motion of a party.  Every order entered pursuant to this Rule 119.02b shall specify the grounds for granting a new trial.

c.  The 30-day period after entry of a judgment for granting a new trial on the court’s own initiative is not shortened by the filing of a notice of appeal, but is terminated when the record on appeal is filed in the appellate court.

d.  After the filing of a notice of appeal and before the filing of the record on appeal in the appellate court, the court, after the expiration of such thirty-day period, may still vacate, amend or modify the judgment upon the stipulation of the parties accompanied by a withdrawal of the appeal.

Comment

The purpose of this Rule 119.02 is to enable the court to amend or correct a judgment after entry, to make a judgment conform to the pleadings and evidence, and to reopen a judgment if additional evidence is necessary or additional circumstances exist that the court did not adequately consider when it entered the judgment.

This Rule 119.02 does not apply to a modification of a judgment based upon facts occurring subsequent to entry of the judgment, which is addressed in Rule 119.03.


119.03  MODIFICATION OF JUDGMENT AND TERMINATION OF JURISDICTION

a.  The court may terminate jurisdiction over a juvenile at any time on the court’s own motion.

b.  The court may modify a judgment or order under which it has jurisdiction over a juvenile after a hearing on the record or by agreement of all parties.

c.  Any party may at any time move the court in writing to modify a judgment or order or to terminate jurisdiction.  The court may overrule such motion to modify a judgment or order or to terminate jurisdiction without a hearing or may, in its discretion, conduct a hearing and make any orders on the motion to modify the judgment or order or to terminate jurisdiction it deems proper.

d.  Whenever a court modifies a judgment or order, a copy of the modified judgment or order and notice of entry of the modified judgment or order shall be served upon every party, as prescribed by Rule 119.01.

e.  Whenever a court terminates jurisdiction, a copy of the court order and notice of entry of the court order terminating jurisdiction shall be served upon every party, as prescribed by Rule 119.01.

Comment

This Rule 119.03 is not intended to suggest that a court without a hearing may modify a judgment or order so as to impose additional restraints upon the juvenile or upon the juvenile’s parents, guardian or custodian, to deprive the juvenile’s parents, guardian or custodian of custody of the juvenile, or to commit the juvenile to the division of youth services.

Whenever a motion to modify a judgment or order or to terminate jurisdiction is filed, the court shall ensure, prior to acting upon the motion, that all parties, the guardian ad litem and any court appointed special advocate receive a copy of the motion and are provided a reasonable opportunity to respond to the motion.

When terminating jurisdiction over a juvenile placed outside Missouri in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children.  See section 210.620, RSMo.

When returning a juvenile from Missouri upon the filing of a petition by the juvenile’s home state, or placing a juvenile outside Missouri for supervision, in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on Juveniles.  See section 210.570, RSMo.

120.01  APPEALS

a.  An appeal shall be allowed as provided by statute.

b.  Neither the filing of a notice of appeal nor the filing of any motion subsequent to entry of a judgment shall act to stay execution upon the judgment unless the court enters an order staying execution.

121.01  RECUSAL OF JUDICIAL OFFICER

a.  A judicial officer shall recuse when the judicial officer is interested, related to a party, has been counsel for a party in any proceeding, or is recused for any other reason.

121.02  CHANGE OF JUDICIAL OFFICER

a.  A change of judicial officer shall be ordered upon the timely filing of a written application by a party.

b.  The application need not allege any cause for a change of judicial officer and need not be verified but shall specifically designate the judicial officer against whom the application is filed.

c.  The application in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, must be filed within five days after the protective custody hearing required under Rule 123.05 has been held or within five days after the judicial officer for the hearing on the petition is designated, whichever is later.  If the judicial officer is designated less than five days before the scheduled hearing on the petition, the application must be filed prior to commencement of any proceedings on the record.

d.  The application in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, must be filed within five days after the detention hearing required under Rule 127.08 has been held or within five days after the judicial officer for the hearing on the petition is designated, whichever is later.  If the judicial officer is designated less than five days before the scheduled hearing on the petition, the application must be filed prior to commencement of any proceedings on the record.

e.  A copy of the application and notice of the date and time when it will be presented shall be served on all parties.

f.  The judicial officer promptly shall sustain a timely application for a change of judicial officer upon its presentation.  

g.  Once an application filed by a party, other than the juvenile officer, has been sustained, no further applications, except under Rule 121.01, shall be permitted.

h.  A change of judicial officer under this Rule 121.02 shall not be permitted in connection with a supplemental petition or a motion to modify a prior order of disposition under chapter 211, RSMo, or in connection with a petition filed under section 211.447, RSMo, unless the designated judicial officer is not the judicial officer who conducted the hearing on the petition.

Comment

A change of judicial officer under this Rule 121.02 may constitute a compelling extenuating circumstance for purposes of Rule 123.05 and Rule 124.04a(2).


121.03  PROCEDURE UPON RECUSAL OR CHANGE OF JUDICIAL OFFICER

a.  A judicial officer recused under Rule 121.01 or sustaining an application under Rule 121.02 shall notify immediately the administrative judge of the family court, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judicial officer of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02.  

b.  If the administrative judge of the family court is recused under Rule 121.01 or has sustained an application under Rule 121.02, a judicial officer who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 shall notify immediately the presiding judge, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judicial officer of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 or request this Court to transfer a judge.

c.  In the absence of a family court, a judicial officer who is recused under Rule 121.01 or has sustained an application under Rule 121.02 shall notify immediately the presiding judge, who, unless he or she is recused under Rule 121.01 or has sustained an application under Rule 121.02, shall assign immediately another judge of the circuit who is not recused under Rule 121.01 or has not sustained an application under Rule 121.02 or request this Court to transfer a judge.

d.  If the presiding judge is recused under Rule 121.01 or has sustained an application under Rule 121.02, a judge of the circuit shall be assigned in accordance with local court rule, so long as the local court rule does not permit a judge who is recused under Rule 121.01 or has sustained an application under Rule 121.02 to assign a successor judge, or the presiding judge shall request this Court to transfer a judge.

121.04  LOCATION OF HEARINGS AFTER RECUSAL OR CHANGE OF JUDICIAL OFFICER

If the allegations of the petition have been established, whether before or after the judicial officer is recused under Rule 121.01 or an application is sustained under Rule 121.02, further hearings may be held at such place convenient to the parties within or without the circuit as the assigned judicial officer may determine.

Comment

Under this Rule 121.04, the hearing on the petition shall be conducted within the county where venue lies under section 211.031, RSMo.  Subsequent hearings, including any hearings in connection with a petition filed under section 211.447, RSMo, may be conducted at a place convenient to the assigned judicial officer and the parties.



122.01  OPEN HEARINGS

a.  Hearings conducted in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, and for termination of parental rights under sections 211.442 to 211.487, RSMo, initiated by the juvenile officer or children’s division shall be open to the public, except that the public shall be excluded from all such hearings during the testimony of any juvenile or victim.  All such hearings shall be closed to the public when the parent has consented in writing to termination of his or her parental rights in conjunction with placement of the juvenile with a licensed child placing agency under subsection 6 of section 453.010, RSMo.

b.  Hearings for adoption pursuant to Chapter 453, RSMo, shall not be open to the public.

c.  Prior to, or any time after, commencement of a hearing under Rule 124.01a or Rule 124.01b, a party or the guardian ad litem may request that the hearing, or any portion thereof, be closed to the public, except that no such request may be made by the juvenile officer or children’s division.

d.  The court shall hear argument by the parties and the guardian ad litem, but not evidence, on any request that a hearing, or any portion thereof, be closed to the public.

e.  The court shall make written findings in the record detailing the specific reasons for closing a hearing, or any portion thereof, to the public.

f.  The court shall close a hearing, or any portion thereof, to the public only if it finds that closure:


(1) is in the best interests of the juvenile;

(2) will protect the physical or emotional well-being of the juvenile or the safety of any other person;

(3) will promote the integrity of the fact-finding process; or

(4) will protect the privacy of the juvenile or a sibling, foster or adoptive parents, foster care institutions, or any other person or institution providing care for the juvenile.

g.  The court, on its own motion or on motion of any party, may exclude any person or persons from a hearing, or any portion thereof, for good cause, exceptional circumstances, or where exclusion will serve the best interests of the juvenile.

h.  The court shall make findings on the record detailing the specific reasons for excluding any person or persons from a hearing, or any portion thereof.

i.  Closing a hearing or any portion thereof, or excluding any person or persons from a hearing, or any portion thereof, shall not prevent the court from holding the hearing or issuing a decision.

j.  Any party entitled to summons shall have the right to attend all hearings to which the summons relates unless specifically excluded pursuant to Rule 122.01g.

k.  Any person entitled to notice pursuant to Rule 124.02a shall have the right to attend all hearings to which the notice relates unless specifically excluded pursuant to Rule 122.01g.

l.  The public may not make audio or video recordings of a hearing, or any portion thereof, or photograph any party or witness during a hearing.

m.  Without prior specific authorization from the court, foster or adoptive parents, foster care institutions, and other persons and institutions providing care for the juvenile shall not:

(1) submit to audio or video recordings regarding the juvenile; or

(2) permit photographing or audio or videotaping of the juvenile by the public.

Comment

Exclusion of the juvenile’s parents, guardian or custodian is governed, in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, by Rule 124.03 and, in a proceeding under subdivisions (2) and (3) of subsection 1 of section 211.031, RSMo, by Rule 128.01.

In determining whether to close a hearing under this Rule 122.01, the court may consider whether any member of the public may intentionally or inadvertently, but unnecessarily, disclose personal identifying information, such as the name, address, date of birth and telephone number, of the juvenile or a sibling, foster or adoptive parents, foster care institutions, or other persons and institutions providing care for the juvenile or a sibling.

Upon conclusion of a hearing in a proceeding governed by this Rule 122.01, the juvenile officer, attorney for the juvenile officer, children’s division, attorney for the children’s division, guardian ad litem or court appointed special advocate may provide, but is not limited to providing, the following information about the hearing:

(1) style of the case;
(2) nature of the case; e.g., abuse or neglect;
(3) hearing date;
(4) result or outcome of the hearing; e.g., juvenile returned to parents; and
(5) next hearing date.

Access of the public to hearings conducted in a proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, is governed by section 211.171.6, RSMo.

Cross-reference:  Sections 211.319.1, 211.319.2, RSMo.


122.02  OPEN RECORDS

a.  Upon written request, pleadings and orders of the court filed with the clerk in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, and for termination of parental rights under sections 211.442 to 211.487, RSMo, initiated by the juvenile officer or children’s division, shall be accessible to the public for inspection, copying and release, except that such pleadings and orders of the court shall be accessible to the public only if the initial pleading in the proceeding was filed with the clerk on or after January 1, 2006.

b.  Pleadings and orders of the court filed with the clerk in any proceeding for adoption pursuant to chapter 453, RSMo, shall not be accessible to the public.

c.  Confidential files, as defined in section 211.319.3, RSMo, and files and records specifically ordered closed by the court shall be accessible only to persons the court has determined to have a legitimate interest in such files and records.

d.  In determining whether a person has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and safety of the public, and the interest of the juvenile and any other juvenile identified in the file or records.

e.  The original file and records may not be removed from the area designated for public inspection of such files and records.

f.  Prior to allowing inspection of any pleadings or orders of the court by the public, the clerk shall redact all information that may identify or lead to disclosure of the identity of any of the following:

(1) any juvenile, except the perpetrator;

(2) any foster or adoptive parents, foster care institutions, or other persons and institutions providing care to any juvenile; and

(3) any reporter of child abuse under sections 210.109 to 210.183, RSMo, and section 352.400, RSMo.

g.  Upon motion and opportunity for argument, the court may issue an order prohibiting access by the public to specific pleadings and orders of the court upon exceptional circumstances.

The court may issue a protective order on its own motion but, upon the request of any person, shall hear argument on the propriety of such order as soon as practicable. Any protective order shall detail the specific reasons for prohibiting access by the public to any pleading or order of the court.

h.  Pleadings and orders of the court accessible to the public under this Rule 122.02 shall be available for inspection and copying only during regular business hours.  Access shall be governed by Court Operating Rule 2.

i.  Except where authorized by court order, the public shall not have access to any files or records maintained in electronic format in court information systems.

j.  Neither the office of state courts administrator nor any court shall be required to modify electronic information systems to comply with this Rule 122.02.

Comment

This Rule 122.02 does not prohibit distribution among the parties of written reports, social records and other documents to be presented at any hearing for the court to review and consider.  However, written reports, social records and other documents received by the court into evidence at a hearing are not accessible to the public under this Rule 122.02.

Access of the public to the pleadings and orders of the court in a proceeding filed under subdivision (3) of subsection 1 of section 211.031, RSMo, is governed by section 211.321, RSMo.
Cross-reference:  Section 211.319.3, RSMo.


122.03  LAW ENFORCEMENT RECORDS OF JUVENILES TO BE KEPT SEPARATE

a.  All records of juveniles made or retained by law enforcement officers or agencies shall be kept separate from records of other persons and shall not be open to inspection by, or their contents disclosed or distributed to, the public except by order of the court or as otherwise provided by law.

b.  This Rule 122.03 shall not apply to all such records of the juvenile in a case in which the court has dismissed under Rule 129.04 the petition filed in the interest of the juvenile to permit prosecution under general law.

c.  "Record," as used in this Rule 122.03, includes, but is not limited to, fingerprints and photographs of the juvenile.

123.01  WHEN JUVENILE MAY BE TAKEN INTO JUDICIAL CUSTODY

a.  A juvenile may be taken into judicial custody under subdivision (1) of subsection 1 of section 211.031, RSMo:

(1) pursuant to an order of court; or

(2) by a law enforcement officer or physician who has reasonable cause to believe that the juvenile is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect if such person has reasonable cause to believe that such physical harm or threat to life may occur before a court can issue a temporary protective custody order; or

(3) by a juvenile officer as authorized by law if there is reasonable cause to believe that the juvenile is without proper care, custody, or support and that temporary protective custody is necessary to prevent personal harm to the juvenile.

b.  The jurisdiction of the court attaches from the time the juvenile is taken into judicial custody.

Comment

This Rule 123.01 states the circumstances under which a juvenile may be taken into judicial custody under subdivision (1) of subsection 1 of section 211.031, RSMo.

When determining whether to take a juvenile into judicial custody, a law enforcement officer, physician and juvenile officer must be cognizant of the decision in Heartland Academy Community Church v. Waddle, 427 F.3d 525 (8^th Cir. 2005).

Questioning of a juvenile taken into judicial custody by a juvenile officer or law enforcement officer in connection with a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, regarding alleged abuse or neglect is governed by subsection 3 of section 211.059, RSMo.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile.  Therefore, the court must make this determination in any order under which a juvenile is taken into judicial custody under Rule 123.01a(1).  

Cross-reference:  Section 211.131.3, RSMo.


123.02   PROCEDURE UPON LAW ENFORCEMENT OFFICER OR PHYSICIAN TAKING JUVENILE INTO JUDICIAL CUSTODY

a.  Any law enforcement officer or physician taking a juvenile into judicial custody pursuant to Rule 123.01a(2) shall notify immediately the juvenile officer and the children’s division of such action and undertake a reasonable attempt to notify the juvenile’s parents, guardian or custodian.

b.  Any law enforcement officer or physician taking a juvenile into judicial custody shall submit to the juvenile officer as soon as practicable, but no later than 12 hours after taking the juvenile into judicial custody, a written report identifying the juvenile and stating the facts and circumstances that caused the law enforcement officer or physician to believe the juvenile was in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and, if the juvenile is not released, the reasons the juvenile remains in judicial custody.

c.  A juvenile taken into judicial custody pursuant to Rule 123.01 shall be released to the juvenile’s parent, guardian or custodian or other suitable person, as directed by the juvenile’s parent or guardian, unless temporary protective custody is authorized pursuant to Rules 123.03 and 123.04.

Comment

Rule 123.02a follows the present statute by requiring a reasonable attempt to notify a juvenile’s parents, guardian or custodian when the juvenile is taken into judicial custody.  

Rule 123.02b requires a written report, rather than mere notification, to the juvenile officer.  This written report provides the juvenile officer with a documentary basis for deciding whether to release the juvenile or hold the juvenile in judicial custody.  

Further, Rule 123.02b adds the requirement that the report be submitted to the juvenile officer even if the juvenile is released so that the juvenile officer and, through the juvenile officer, the court will be apprised that a juvenile taken into judicial custody was subsequently released.
 
Cross-reference:  Sections 210.125, 211.131, RSMo.


123.03  TEMPORARY PROTECTIVE CUSTODY

a.  Within 24 hours after a juvenile is taken into judicial custody, the court shall order that the juvenile be taken into temporary protective custody or released to the juvenile’s parent, guardian or custodian or other suitable person, as directed by the juvenile’s parent or guardian.

b.  Temporary protective custody of a juvenile may be authorized only by court order.

123.04  COURT ACTION TO PLACE JUVENILE IN TEMPORARY PROTECTIVE CUSTODY

a.  An order for temporary protective custody shall be entered only upon:

(1) the filing of a petition or motion to modify; and

(2) a determination by the court that probable cause exists to believe that:


(A) the facts specified in the petition or motion to modify bring the juvenile within the jurisdiction of the court under subdivision (1) of subsection 1 of section 211.031, RSMo; and

(B) the conditions requiring judicial custody continue to exist.

b.  When the court is presented with a petition or motion to modify requesting that a juvenile be placed in temporary protective custody, it shall examine the reasons therefor and immediately:
 
(1) appoint a guardian ad litem; and

(2) determine and make a finding on whether continuation of the juvenile in the home is contrary to the juvenile’s welfare; and


(3) either:

(A) order the juvenile released pursuant to Rule 123.02; or

(B) order the juvenile placed in temporary protective custody.

c.  If the juvenile is placed in temporary protective custody, the court shall hold a protective custody hearing pursuant to Rule 123.05 within three days, excluding Saturdays, Sundays and legal holidays, of the date the juvenile is taken into judicial custody.

d.  If the juvenile is released, the court shall hold a preliminary child welfare proceeding pursuant to Rule 123.07 within three days, excluding Saturdays, Sundays and legal holidays, of the date of filing of the petition.

Comment

Section 211.032.3, RSMo, provides:  "A proceeding must be held within three business days of a petition being filed in all cases under subdivision (1) of subsection 1 of section 211.031."

A petition or motion to modify need not be filed for a juvenile officer, law enforcement officer or physician to take judicial custody of a juvenile.  However, a petition or motion to modify must be filed before a court may order temporary protective custody of a juvenile.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile.  Rule 123.04b(2) recognizes that, if the juvenile was not taken into judicial custody pursuant to an order of court under Rule 123.01a(1), the court must make this determination in the order for temporary protective custody.


123.05  PROTECTIVE CUSTODY HEARING

a.  The juvenile officer shall give notice orally or, if possible, in writing of the date, time and place of the protective custody hearing.  Notice shall be provided to all parties and the guardian ad litem.  The court appointed special advocate for the juvenile and the current foster parents, or any pre-adoptive parent or relative currently providing care for the juvenile, shall also be provided with such notice.

b.  The inability of the juvenile officer to notify any party or other individual designated in Rule 123.05a of the protective custody hearing, or the absence of any party or such individual at the protective custody hearing, shall not prevent the court from conducting the protective custody hearing as scheduled.

c.  Upon the motion of any party or upon its own motion, the court may continue the protective custody hearing to a date not later than 14 days from the date the juvenile was taken into judicial custody.  Any continuance shall be supported by written findings, or specific findings on the record, detailing the compelling extenuating circumstances justifying the continuance.

d.  At the protective custody hearing, the court shall inform the juvenile’s parents, guardian or custodian of the right to counsel, including the right to appointed counsel pursuant to Rule 115.03.

e.  The protective custody hearing shall be held on the record.  The procedure to be followed at the hearing shall be determined by the court and may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements.  The court may take testimony or receive evidence.  Any written reports or social records to be offered at the protective custody hearing shall be available to all parties at or prior to the protective custody hearing.

f.  At the protective custody hearing, the court shall determine and make findings on the following issues:

(1) whether the juvenile can safely return home immediately; and

(2) either:

(A) whether the children’s division made reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; or

(B) whether an emergency required the juvenile to be taken into judicial custody and that, as a result, the children’s division is deemed to have made reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; and

(3) whether continuation of the juvenile in the home is contrary to the welfare of the juvenile.

g.  At the protective custody hearing, the court also shall consider and enter orders, as appropriate, on the following issues:

(1) whether a guardian ad litem has been appointed for the juvenile;


(2) whether a court appointed special advocate should be appointed for the juvenile;

(3) whether the parents, guardian or custodian of the juvenile are entitled to appointed counsel;

(4) whether a parent, guardian or custodian requires a guardian ad litem because of age or mental status;

(5) whether the paternity of the juvenile has been previously established;

(6) whether any absent parent, guardian or custodian of the juvenile has received notice of the protective custody hearing;

(7) whether there is an appropriate relative or other providers with whom the juvenile can be placed;

(8) whether the proposed placement for the juvenile is the most appropriate placement, consistent with the best interests and needs of the juvenile;

(9) whether arrangements should be made for visitation by the juvenile with the juvenile’s parents, guardian or custodian, siblings and other family members;

(10) whether disruption of the juvenile’s schooling can be avoided;

(11) whether the juvenile has special needs that should be assessed to determine if services may need to be immediately provided;

(12) whether the children’s division has offered services to the juvenile’s parents, guardian or custodian; and

(13) whether the juvenile is an Indian child as defined in 25 U.S.C. section 1903.

h.  At the conclusion of the protective custody hearing, the court shall:

(1) order the juvenile released pursuant to Rule 123.02; or

(2) order the juvenile placed into protective custody pending further proceedings.

Comment

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination:

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out-of-home placement, and a juvenile in out-of-home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.


123.06  RELEASE FROM PROTECTIVE CUSTODY UPON CHANGE OF CIRCUMSTANCES

a. A juvenile in protective custody pursuant to court order may be released upon a determination by the court that a change of circumstances makes continued protective custody unnecessary.

b. A written request for release of a juvenile from protective custody shall set forth the changed circumstances warranting the juvenile’s release from protective custody and may be filed by the juvenile, the juvenile’s parents, guardian or custodian, the children’s division, the guardian ad litem, or the juvenile officer.

c. The court may grant or deny the request for release from protective custody without a hearing after written notice to all parties, or order that a hearing be held at a date, time and place determined by the court.  Timely notice of the hearing shall be given to the juvenile, the juvenile’s parents, guardian or custodian or counsel for the juvenile’s parents, guardian or custodian, the children’s division or counsel for the children’s division, the guardian ad litem, and the juvenile officer.

d. At the hearing, upon receiving evidence, the court may grant the request and release the juvenile from protective custody to the juvenile’s parent, guardian or custodian or other suitable person, as directed by the juvenile’s parent or guardian, or deny the request and continue the juvenile in protective custody.

Comment

This Rule 123.06 recognizes that, following an order for protective custody, the circumstances that originally justified protective custody may change so that the juvenile safely can be released.  The rule provides a mechanism for calling to the attention of the court such change of circumstances.


123.07  PRELIMINARY CHILD WELFARE PROCEEDING

a. When the juvenile in whose interest a petition is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, remains in the custody of the juvenile’s parent, guardian or custodian or is released from judicial custody, the court shall, within three days, excluding Saturdays, Sundays and legal holidays, of the date of filing of the petition, enter appropriate orders, including on the following issues:

(1) whether the children’s division shall be made a party to the proceeding;

(2) whether a guardian ad litem has been appointed for the juvenile;

(3) whether a court appointed special advocate should be appointed for the juvenile;

(4) whether a parent, guardian or custodian requires a guardian ad litem because of age or mental status;

(5) whether the paternity of the juvenile has been previously established;

(6) whether to order temporary protective custody of the juvenile and schedule a protective custody hearing pursuant to Rule 123.05 or, in the absence of an order for temporary protective custody, schedule a protective custody hearing pursuant to Rule 123.05 or a hearing on the petition pursuant to Rule 124.06; and

(7) the date on which all parties shall appear before the court.

Comment

Section 211.032.3, RSMo, provides:  "A proceeding must be held within three business days of a petition being filed in all cases under subdivision (1) of subsection 1 of section 211.031."

If the juvenile who is the subject of the petition remains in the custody of his or her parent, guardian or custodian or is released from judicial custody pursuant to Rule 123.02c or Rule 123.04b(3)(A), the required "proceeding" may be merely an in camera meeting between the judicial officer and juvenile officer to address the identified preliminary issues.

The time periods prescribed in Rule 124.01a do not apply when the juvenile in whose interest a petition is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, remains in the custody of the juvenile’s parent, guardian or custodian or is released from judicial custody to the custody of the juvenile’s parent, guardian or custodian.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile.  Therefore, the court must make this determination if temporary protective custody of the juvenile is ordered under Rule 123.07a(6).


123.08  DISCOVERY

a.  In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, within ten days of the date of the protective custody hearing or, in the absence of a protective custody hearing, within 14 days of the filing of the petition or motion to modify, the juvenile officer and children’s division shall make available to all other parties or their counsel, the guardian ad litem and any court appointed special advocate the following documents and records, to the extent relevant to the allegations of the petition or motion to modify:

(1) medical records of the juvenile;

(2) law enforcement records, including police reports, regarding the juvenile and the juvenile’s parents, guardian or custodian;

(3) written statements and videotapes, audiotapes or similar recordings of statements of the juvenile and the juvenile’s parents, guardian or custodian;

(4) reports and affidavits submitted by the children’s division to the juvenile officer requesting that the juvenile be taken into protective custody or that a petition be filed;

(5) completed social services reports and safety plans regarding the juvenile and the juvenile’s parents, guardian or custodian;

(6) written service agreements between the juvenile’s parents, guardian or custodian and the children’s division; and

(7) completed hotline reports, redacted to the extent required by law, regarding the juvenile and the juvenile’s parents, guardian or custodian.

b.  The obligation of the juvenile officer and children’s division under this Rule 123.08 is limited to documents and records in their actual possession, and neither the juvenile officer nor the children’s division has any obligation under this Rule 123.08 to request or obtain the identified documents and records for any other party, the guardian ad litem, or court appointed special advocate.

c.  The obligation of the juvenile officer and children’s division under this Rule 123.08 is continuing, and the juvenile officer and children’s division shall make available within ten days of receipt to all other parties, the guardian ad litem and any court appointed special advocate any documents and records identified in Rule 123.08a that are subsequently received.

d.  This Rule 123.08 shall not restrict any party from engaging in formal discovery, which shall be governed by Rules 41 to 101.

Comment

This Rule 123.08 establishes a procedure for informal production of specific documents and records that are relevant to the allegations of the petition or a subsequent motion to modify because the time frame in Rule 124.01a(2) makes formal discovery under the rules of civil procedure impractical.

However, this Rule 123.08 does not prevent a party from engaging in formal discovery, which, in view of the time periods allowed under the rules of civil procedure, will, in most cases, necessitate that the hearing on the petition or motion to modify be held outside the time frame in Rule 124.01a(2).

Nothing in this Rule 123.08 shall be construed to supersede any state law or federal regulation that makes information in the possession of the children’s division confidential or which otherwise limits disclosure of information by the children’s division.

Additionally, nothing in this Rule 123.08 prevents the court, on its own motion or on the motion of any party, from entering a protective order for any document or record made available by the juvenile officer and children’s division pursuant to Rule 123.08a.

Finally, nothing in this Rule 123.08 shall be construed to alter the time period provided by statute for the children’s division to complete a hotline report.



124.01  SCHEDULE OF HEARINGS

a.  If the juvenile in whose interest a petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is in temporary protective custody, the following hearings shall be held:

(1) within three days of the date the juvenile is taken into judicial custody, excluding Saturday, Sunday and legal holidays, a protective custody hearing as provided in Rule 123.05; and

(2) within 60 days of the date the juvenile is taken into judicial custody, an adjudication hearing as provided in Rule 124.06; and

(3) within 90 days of the date the juvenile is taken into judicial custody, a dispositional hearing as provided in Rule 124.07.

b.  If the juvenile in whose interest a petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is in the legal custody of the children’s division, the following hearings shall be held:

(1) every 90 to 120 days after the dispositional hearing during the first 12 months in which the juvenile is in the custody of the children’s division, a dispositional review hearing as provided in Rule 124.08; and

(2) within 12 months of the date the juvenile is taken into judicial custody and at least annually thereafter, a permanency hearing as provided in Rule 124.09, unless the court has previously determined that the children’s division is not required to make reasonable efforts to reunify the family.  If such determination is made, the permanency hearing shall be held within 30 days of such determination and at least annually thereafter; and

(3) as often as necessary after each permanency hearing, but at least every six months, during the period in which the juvenile remains in the custody of the children’s division, a permanency review hearing as provided in Rule 124.10.

c.  Upon conclusion of each hearing, the juvenile officer shall provide written notice to all parties and the guardian ad litem of the date, time and place of the next scheduled hearing.  The court appointed special advocate for the juvenile, and the current foster parents, or any pre-adoptive parent or relative providing care for the juvenile, shall also be provided with such notice.  Mailed notice shall not be required for any party or other individual designated in this Rule 124.01 to whom notice of the next subsequent hearing was provided in writing upon conclusion of the immediately preceding hearing.

Comment

The time periods prescribed in Rule 124.01a do not apply when the juvenile in whose interest the petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is not in temporary protective custody.

The time periods prescribed in Rule 124.01b do not apply when the juvenile in whose interest the petition or motion to modify is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, is not in the legal custody of the children’s division.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.  Therefore, the court should include this determination in any order entered after a protective custody hearing under Rule 123.05 and must make this determination in any order entered after an adjudication hearing under Rule 124.06.

Additionally, for such juvenile to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect.  Therefore, the court should include this determination in any order entered after a dispositional review hearing under Rule 124.08 and must make this determination in any order after a permanency hearing under Rule 124.09.

Cross-reference:  Section 211.032, RSMo.


RULE 124.02  NOTICE OF HEARING

a.  Timely notice of each hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be provided to all parties, the guardian ad litem, court appointed special advocate, and current foster parents, or any pre-adoptive parent or relative currently providing care for the juvenile.  The notice shall:

(1) be in writing;

(2) specify the time, date and location of the hearing; and

(3) inform the current foster parents, or any pre-adoptive parent or relative entitled to notice under this Rule 124.02a, of the right to be heard with respect to the care, custody and welfare of the juvenile.

b.  Any foster parent, pre-adoptive parent or relative entitled to a notice of hearing under Rule 124.02a shall not become a party to the proceeding on the basis of such notice of hearing.

Comment

The current foster parents, or any pre-adoptive parent or relative currently providing care for a juvenile, must be provided with timely notice of, and has the right to be heard in, any hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031.1, RSMo.

Cross-reference:  Sections 210.566.5, 211.171.3, 211.464, RSMo.  See also 42 U.S.C.§675(5)(G).


RULE 124.03  PRESENCE AND EXCLUSION OF JUVENILE AND JUVENILE’S PARENTS, GUARDIAN OR CUSTODIAN

a.  Except as provided in this Rule 124.03, in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the juvenile and the juvenile’s parents, guardian or custodian shall have the right to be present at all times during any hearing.

b.  The court may commence a hearing without the presence of the juvenile or the juvenile’s parents, guardian or custodian if, after proper service or notice, the juvenile or the juvenile’s parents, guardian or custodian fail to appear.

c.  The court may, in its discretion, exclude the juvenile from any part of a hearing where exclusion will serve the best interests of the juvenile.

d.  In determining whether to proceed without the presence of the juvenile, the court shall consider, among other things, the age and emotional maturity of the juvenile, the nature of the evidence that may be presented, and whether the juvenile’s guardian ad litem will waive the presence of the juvenile.

e.  Except as otherwise provided by law, the court may exclude the juvenile’s parents, guardian or custodian from any part of a hearing for good cause, exceptional circumstances, or where exclusion will serve the best interests of the juvenile.

f.  In determining whether to proceed without the presence of the juvenile’s parents, guardian or custodian, the court shall consider, among other things, the relationship between the juvenile and the juvenile’s parents, guardian or custodian and any request for exclusion of the juvenile’s parents, guardian or custodian by the juvenile’s guardian ad litem.

g.  This Rule 124.03 shall not restrict the power of the court to exclude any unruly or disruptive person from a hearing where exclusion is necessary to the orderly conduct of the hearing.

Comment

Section 211.171.2, RSMo, provides:  "The hearing may, in the discretion of the court, proceed in the absence of the child and may be adjourned from time to time."


124.04.  CONTINUANCES

a.  Except for a protective custody hearing held pursuant to Rule 123.05, the court may, on its own motion or the motion of any party, continue any hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo:

(1) within the time frames in Rule 124.01, only for good cause shown; or

(2) outside the time frames in Rule 124.01, only for compelling extenuating circumstances.

Any such continuance shall be supported by written findings in the record detailing the compelling extenuating circumstances justifying the continuance.

b.  Any continuance granted under this Rule 124.04 shall be to a fixed date and time but, in the absence of the consent of all parties, not beyond 30 days.

c.  An application for continuance under this Rule 124.04 shall be made by written motion accompanied by the affidavit of the applicant or some other credible person setting forth the facts upon which the application is based unless all parties consent that the application for continuance may be made orally.

d.  An application for continuance under this Rule 124.04 filed by counsel within 30 days of a scheduled hearing shall certify that each party for whose benefit the continuance is requested has been consulted and is aware of the contents of the application and shall state each such party’s position with respect to the requested continuance.

e.  If a party for whose benefit a continuance is requested cannot be consulted, counsel shall certify in the application for continuance the efforts made to consult with the party.

f.  The clerk shall give notice in writing of the new date and time of the continued hearing to all parties, the guardian ad litem and any court appointed special advocate for the juvenile.  The current foster parents, any pre-adoptive parent or relative currently providing care for the juvenile, shall also be provided with such notice.

g.  Any continuance under this Rule 124.04 shall not relieve the court of the obligation to make timely findings on whether:

(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; or

(2) the children’s division has made reasonable efforts to finalize the permanency plan in effect for the juvenile.

Comment

This Rule 124.04 is patterned after Rule 65.01, except that any continuance shall not only be to a fixed day but also to a fixed time, and after Rule 65.03, except that all parties, not just the adverse party, must consent to an oral application for continuance.  Further, this Rule 124.04 specifically advises counsel that any application for continuance on behalf of a party who cannot be consulted must contain counsel’s efforts to consult with the party.

The failure to make the specified reasonable efforts findings within the time frames required by Titles IV-B and IV-E of the Social Security Act may result in loss of federal funds not only for the care of a particular juvenile but also for the state’s child welfare programs.  Therefore, even when a continuance is granted, the court remains obligated under the Adoption and Safe Families Act to make the finding required under Rule 124.04g(1) no later than 60 days from the date of removal of the juvenile from the home and the finding required under Rule 124.04g(2) within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter.

Cross-reference:  Section 211.171.7, RSMo.


124.05  UNTIMELY HEARINGS

a.  All hearings in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the mandatory time frames in Rules 124.01a and 124.01b.

b.  If a specific hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, is neither scheduled to occur nor held within the applicable time frame in Rules 124.01a and 124.01b, any party may file an application for an expedited hearing.

c.  The application shall be in writing and include the name and address of the applicant, the name of the judicial officer before whom the proceeding is pending, the specific hearing not held within the applicable time frame, and the reasons expressed by the named judicial officer for failing to hold the specified hearing within the applicable time frame in Rules 124.01a and 124.01b.

d.  The application shall be filed with the clerk in the pending proceeding.  A copy of the application shall be directed by the applicant to the presiding judge of the circuit, the named judicial officer, and all parties and other persons entitled to notice under Rule 124.02a.

e.  The named judicial officer shall either hold and conclude the specified hearing or file a response within ten days after receiving the application.  The response shall detail the reasons why the specified hearing was not held within the applicable time frame in Rules 124.01a and 124.01b.

f.  The response shall be filed with the clerk in the pending proceeding.  A copy of the response shall be directed by the named judicial officer to the presiding judge of the circuit, the applicant and all parties and other persons entitled to notice under Rule 124.02a.

g.  Within five days after the filing of the response or after the date on which the response is due, the presiding judge, in the absence of compelling extenuating circumstances, shall direct the named judicial officer, designate another judicial officer from inside the circuit, or request this Court to appoint a judicial officer from outside the circuit, to hold and conclude the specified hearing within 14 days from the date of the order of the presiding judge or the date of the order of appointment by this Court, whichever is later.

h.  If the presiding judge finds that compelling extenuating circumstances exist, the presiding judge shall deny the application.

i.  If the presiding judge is the named judicial officer, any party may request an original writ from the appropriate appellate court pursuant to Rule 84.22 et seq.

Comment

Rule 124.04 permits hearings, other than protective custody hearings, to be continued outside the time frames established in Rules 124.01a and 124.01b only for compelling extenuating circumstances.  Rule 123.05c governs continuances of protective custody hearings.

This Rule 124.05b provides parties with an expedited procedure to address the failure of the court to hold a hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, within the applicable time frame in Rule 124.01.

See Court Operating Rule 23, which requires each circuit to submit to this Court and the commission on retirement, removal and discipline a quarterly report for each hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, not held within the applicable time frame in Rule 124.01.

Cross-reference:  Section 211.032.6, RSMo.


124.06  ADJUDICATION HEARING

a.  An adjudication hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01a(2).

b.  At such an adjudication hearing, the court shall first determine whether:

(1) a guardian ad litem has been appointed for the juvenile;

(2) a court appointed special advocate should be appointed for the juvenile;

(3) the parents, guardian or custodian of the juvenile are entitled to appointed counsel;

(4) a parent, guardian or custodian requires a guardian ad litem because of age or mental status; and

(5) the parties have been served or, if not, whether the juvenile officer has made a reasonable and diligent attempt to locate and serve each absent parent.

c.  At such an adjudication hearing, the court shall determine what allegations in the petition or motion to modify are admitted and receive evidence on the allegations that have not been admitted.  The hearing shall be held on the record.  The court may take judicial notice of the court’s file.  The rules of evidence shall apply.  All parties and the guardian ad litem 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.

d.  Upon finding that the allegations in the petition or motion to modify are neither admitted nor proved, the court shall enter judgment denying the petition and, unless it has prior and continuing jurisdiction:

(1) order that the juvenile be returned to the juvenile’s parent, guardian or custodian;  

(2) relieve the children’s division of custody of the juvenile; and

(3) terminate jurisdiction.

e.  Upon finding that any allegation in the petition or motion to modify is admitted or proved, the court shall:

(1) make findings on the allegations in the petition or motion to modify that are admitted or proved;
(2) make a finding whether the juvenile is in need of care and treatment under chapter 211, RSMo; and  

(3) enter an order whether the court has jurisdiction over the juvenile.

f.  If the dispositional hearing does not immediately follow the adjudication hearing, the court shall:


(1) continue or, if appropriate, amend any protective custody order;

(2) order the date for submission of the social study to be prepared pursuant to Rule 118.01; and

(3) schedule the dispositional hearing within the time frame in Rule 124.01a(3).

g.  Additionally, if the dispositional hearing does not immediately follow the adjudication hearing, the court shall determine and make findings on whether:

(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; and

(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.

Comment

The purpose of the adjudication hearing is to determine whether the allegations in the petition are established.  The allegations in the petition are proved only by evidence that is at least clear and convincing.

Under section 210.127.1, RSMo, the children’s division is required to utilize all reasonable and effective means available to conduct a diligent search for any biological parent of a juvenile whose identity or location is unknown.

The lack of service on a parent, guardian or custodian does not deprive the court of jurisdiction to proceed.  See Rule 114.01e.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination:

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.

Rule 124.06g recognizes that, if the dispositional hearing does not immediately follow the adjudication hearing, the court must include in the adjudication order whichever of these determinations has not been previously made.

Cross-reference:  Section 211.032.4, RSMo.


124.07  DISPOSITIONAL HEARING

a.  A dispositional hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01a(3).

b.  Such a dispositional hearing may be held separate from or immediately following an adjudication hearing held pursuant to Rule 124.06.

c.  At such a dispositional hearing, the court shall receive evidence and, in accordance with the best interests of the juvenile, determine and make findings on the legal and physical custody of the juvenile and on the services required to reunify the family.  The hearing shall be held on the record.  The court may take judicial notice of the court’s file.  The rules of evidence do not apply.  All parties and the guardian ad litem 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.

d.  At such a dispositional hearing, the court shall admit the social study into evidence and additionally receive:

(1) a report on the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) the recommendations of the children’s division and the juvenile officer;

(3) evidence regarding the recommendations of the children’s division and the juvenile officer;

(4) evidence concerning the need for the children’s division to engage in reasonable efforts to reunify the family; and

(5) the recommendations of the guardian ad litem and court appointed special advocate.

e.  At such a dispositional hearing, the court shall make findings on whether the children’s division is required to engage in reasonable efforts to reunify the family and:

(1) shall enter an order for the legal and physical custody of the juvenile;

(2) may order the reasonable efforts required of the children’s division to reunify the family;

(3) may order the efforts required of the parties, other than the children’s division, to reunify the family; and

(4) shall schedule a dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rules 124.01b(1) and 124.01b(2) respectively.

f.  At such a dispositional hearing, the court shall determine and make findings on whether:

(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; and

(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.

Comment

The purpose of the dispositional hearing is to determine: (1) the legal and physical custody of the juvenile, and (2) whether the children’s division is required to engage in reasonable efforts to reunify the family and, if so, the reasonable efforts necessary to effect reunification.  

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination:

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.

The Adoption and Safe Families Act requires, upon a judicial determination pursuant to section 211.183.7, RSMo, that the children’s division is not required to engage in reasonable efforts to reunify the family, that a permanency hearing be held within 30 days and, in the absence of an applicable statutory exception, that a petition for termination of parental rights be filed within 60 days of such determination.

The Adoption and Safe Families Act requires a judicial determination within 12 months of the date a juvenile is considered to have entered foster care of the reasonable efforts of the children’s division to finalize the permanency plan that is in effect.  Therefore, a permanency hearing must be scheduled if insufficient time exists to conduct a dispositional review hearing before a permanency hearing must be held.

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out-of-home placement, and a juvenile in out-of-home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.

When placing a juvenile outside Missouri, including placing with a parent or relative, or terminating jurisdiction over a juvenile placed outside Missouri, in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children.  See section 210.620, RSMo.

Cross-reference:  Sections 211.032.4, 210.127.2, 211.183.7, 211.447.2, 211.447.3, 211.447.4, RSMo.


RULE 124.08  DISPOSITIONAL REVIEW HEARING

a.  A dispositional review hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01b(1).  The hearing may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements.  The court may take judicial notice of the court’s file.  The court may take testimony or receive evidence.  The rules of evidence do not apply.

b.  At such a dispositional review hearing, the court shall consider any written reports or social records presented by any party and determine:

(1) the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) the efforts of the children’s division to reunify the family and whether those efforts have been reasonable;

(3) the compliance of the parties with the social service plan and any court-ordered services;

(4) whether the children’s division is required to continue to engage in reasonable efforts to reunify the family;

(5) the recommendations of the children’s division and the juvenile officer; and

(6) the recommendations of the guardian ad litem and court appointed special advocate.

c.  At such a dispositional review hearing, the court shall:

(1) enter an order for the legal and physical custody of the juvenile and, if awarding legal and physical custody of the juvenile to a parent, guardian or custodian, relieve the children’s division of custody and, if appropriate, terminate jurisdiction;

(2) continue or, as appropriate, modify the social service plan and any court-ordered services;

(3) make a finding on whether the children’s division is required to continue to engage in reasonable efforts to reunify the family and, if so, order the reasonable efforts necessary to effect reunification; and

(4) schedule another dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rules 124.01b(1) and 124.01b(2) respectively.

Comment

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out of home placement, and a juvenile in out of home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.

Cross-reference:  Sections 211.032.4, 210.127.2, RSMo.


124.09  PERMANENCY HEARING

a.  A permanency hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01b(2).  The hearing may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements.  The court may take judicial notice of the court’s file.  The court shall receive evidence and may take testimony.  The rules of evidence do not apply.

b.  At such a permanency hearing, the court shall consider any written reports or social records presented by any party and additionally shall consider:

(1) the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) any permanency plan proposed for the juvenile;

(3) the evidence in support of, and in opposition to, each proposed permanency plan for the juvenile;

(4) the evidence concerning the continued need for the children’s division to engage in reasonable efforts to reunify the family;

(5) the evidence concerning the efforts of the children’s division to finalize the permanency plan in effect and whether those efforts have been reasonable; and

(6) the recommendations of the guardian ad litem and court appointed special advocate concerning which permanency plan is most appropriate for the juvenile.

c.  In determining whether the children’s division has made reasonable efforts to finalize the permanency plan in effect and whether the permanency plan in effect continues to serve the best interests of the juvenile, the court shall consider:

(1) if the permanency plan in effect is reunification:

(A) whether the conditions or circumstances that caused removal of the juvenile from the home have been corrected; and

(B) whether the juvenile has been returned home or, if not, whether a date has been established for the juvenile to return home; or

(2) if the permanency plan in effect is adoption:

(A) whether the parents’ rights have been terminated, and:

(i) if not:

(a) whether a termination of parental rights petition has been filed;

(b) whether the parents have been served or signed a consent; and

(c) whether a date has been set for the termination of parental rights hearing; or

(ii) if so:

(a) whether an appropriate adoptive resource has been identified;

(b) whether the juvenile has been placed with an adoptive resource or, if not, whether a date has been established for the juvenile to be placed with an adoptive resource;

(c) whether an adoption petition has been filed; and

(d) whether a date has been set for the adoption hearing; or

(3) if the permanency plan in effect is guardianship:

(A) whether an appropriate guardianship resource has been identified;

(B) whether the juvenile has been placed with a guardianship resource or, if not, whether a date has been established for the juvenile to be placed with a guardianship resource;

(C) whether a guardianship petition has been filed; and

(D) whether a date has been set for the guardianship hearing; or

(4) if the permanency plan in effect is placement with a fit and willing relative:

(A) whether an appropriate relative resource has been identified; and

(B) whether the juvenile has been placed with a relative resource or, if not, whether a date has been established for the juvenile to be placed with a relative resource; or

(5) if the permanency plan in effect is placement in another planned permanent living arrangement:

(A) whether the children’s division has documented a compelling reason why another planned permanent living arrangement serves the best interests of the juvenile;

(B) whether another planned permanent living arrangement for the juvenile has been identified; and

(C) whether the juvenile has been placed in another planned permanent living arrangement or, if not, whether a date has been established for the juvenile to be placed in another planned permanent living arrangement.

d.  At such a permanency hearing, the court shall:

(1) enter an order for the legal and physical custody of the juvenile and, if awarding legal and physical custody of the juvenile to a parent, guardian or custodian, relieve the children’s division of custody and, if appropriate, terminate jurisdiction;

(2) continue or, as appropriate, modify the social service plan and any court-ordered services;

(3) determine and make findings on the efforts of the children’s division to finalize the permanency plan in effect for the juvenile and whether those efforts have been reasonable;

(4) determine and, in accordance with the best interests of the juvenile, order:

(A) the permanency plan that is most appropriate for the juvenile; and

(B) the reasonable efforts required of the children’s division to finalize the permanency plan that is most appropriate for the juvenile; and

(5) schedule a permanency review hearing within the time frame in Rule 124.01b(3).

e.  In making the determinations and findings required under Rule 124.09d, the court shall consider the following factors:

(1) the interaction and interrelationship of the juvenile with the foster parents, siblings and other significant parties;

(2) the juvenile’s adjustment to the foster home, school and community;

(3) the mental and physical health of all individuals involved, including any history of abuse; and

(4) the needs of the juvenile for a continuing relationship with the parents, and the ability and willingness of the parents to actively meet the needs of the juvenile.

Comment

This Rule 124.09 governs not only the initial permanency hearing but also each subsequent annual permanency hearing.

Annual permanency hearings are required, even after the parents’ rights have been terminated, until the juvenile attains age 21 or until the earlier entry of a legally final permanency order; i.e., return of the juvenile to the legal custody of a parent, adoption or guardianship.

Under the Adoption and Safe Families Act, a permanency hearing must be open to the participation of the juvenile, the parents, guardian or custodian of the juvenile, and the current foster parents, or any pre-adoptive parent or relative currently providing care for the juvenile, and may not be merely a paper review, ex parte hearing, or agreed upon order.

At the permanency hearing, the judicial officer should consult in person, where age appropriate, with the juvenile regarding the proposed permanency plan.

At any permanency hearing addressing transition of the juvenile from foster care to independent living, the judicial officer should consult in person with the juvenile regarding the manner in which the children’s division can assist the juvenile’s transition from foster care, including the availability of resources under the Foster Care Independence Act of 1999.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect.  This Rule 124.09 recognizes that the court must make this determination at each permanency hearing.

If reunification is not the permanency plan that is most appropriate for the juvenile, the permanency plan for the juvenile must be one of the following:

1.  adoption;
2.  guardianship;
3.  placement with a fit and willing relative; or
4.  another planned permanent living arrangement.

The Adoption and Safe Families Act requires, with certain exceptions, the filing of a petition for termination of parental rights by the end of the 15th month when a juvenile has been in foster care for 15 of the most recent 22 months, or within 60 days of a judicial determination that the children’s division is not required to make reasonable efforts to reunify the family because a parent has committed a statutorily identified crime.

There is no requirement under the Adoption and Safe Families Act or the Missouri statutes that an appropriate adoptive resource be identified or that the juvenile be placed with an appropriate adoptive resource before the court may find adoption to be the permanency plan that is most appropriate for the juvenile and order the filing of a petition for termination of parental rights.

The Adoption and Safe Families Act allows a juvenile’s permanency plan to be another planned permanent living arrangement only when the children’s division documents compelling reasons why the other permanency plans are not in the best interests of the juvenile.

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out-of-home placement, and a juvenile in out-of-home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.

When placing a juvenile outside Missouri, including placing with a parent or relative, or terminating jurisdiction over a juvenile placed outside Missouri, in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children.  See section 210.620, RSMo.

Cross-reference:  42 U.S.C. §677; Sections 211.032.4, 211.171.1, 210.720, 211.447.2, 211.447.3, and 211.447.4, RSMo.


124.10  PERMANENCY REVIEW HEARING

a.  A permanency review hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01b(3).  The hearing may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements.  The court may take judicial notice of the court’s file.  The court may take testimony or receive evidence.  The rules of evidence do not apply.

b.  At such a permanency review hearing, the court shall consider any written reports or social records presented by any party and additionally shall consider:

(1) the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;

(2) the efforts of the children’s division to finalize the permanency plan in effect and whether those efforts have been reasonable;

(3) whether the permanency plan in effect continues to serve the best interests of the juvenile and, if not, which permanency plan is most appropriate for the juvenile; and

(4) the recommendations of the guardian ad litem and court appointed special advocate.

c.  At such a permanency review hearing, the court shall:

(1) enter an order for the legal and physical custody of the juvenile and, if awarding legal and physical custody of the juvenile to a parent, guardian or custodian, relieve the children’s division of custody and, if appropriate, terminate jurisdiction;

(2) continue or, as appropriate, modify the social service plan and any court-ordered services;

(3) determine and make findings on the efforts of the children’s division to finalize the permanency plan in effect for the juvenile and whether those efforts have been reasonable;

(4) determine and, in accordance with the best interests of the juvenile, order:

(A) the permanency plan that is most appropriate for the juvenile; and

(B) the reasonable efforts required of the children’s division to finalize the permanency plan that is most appropriate for the juvenile; and

(5) schedule a permanency hearing within the time frame in Rule 124.01b(2).

Comment

This Rule 124.10 governs not only the initial permanency review hearing but also each subsequent permanency review hearing.

Permanency review hearings are required, even after the parents’ rights have been terminated, until the juvenile attains age 21 or until the earlier entry of a legally final permanency order; i.e., return of the juvenile to the legal custody of a parent, adoption or guardianship.

If reunification is not the permanency plan that is most appropriate for the juvenile, the permanency plan for the juvenile must be one of the following:

1.  adoption;
2.  guardianship;
3.  placement with a fit and willing relative; or
4.  another planned permanent living arrangement.

The considerations for the court in determining, pursuant to Rule 124.10c(3), whether the children’s division has made reasonable efforts to finalize the permanency plan in effect and, pursuant to this Rule 124.10c(4)(a), which permanency plan is most appropriate for the juvenile, are detailed in Rule 124.09e.

The Adoption and Safe Families Act allows a juvenile’s permanency plan to be another planned permanent living arrangement only when the children’s division documents compelling reasons why the other permanency plans are not in the best interests of the juvenile.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan in effect.  Therefore, this determination may be made at a permanency review hearing under this Rule 124.10.

Under section 210.565, RSMo, grandparents who request consideration are given preference and first consideration for out-of-home placement, and a juvenile in out-of-home placement shall be placed with a relative whenever such placement is not contrary to the best interests of the juvenile.

Under section 211.177, RSMo, grandparents have a right to intervene if custody of a grandchild is in issue unless the court determines that such intervention is contrary to the best interests of the juvenile.

When placing a juvenile outside Missouri, including placing with a parent or relative, or terminating jurisdiction over a juvenile placed outside Missouri, in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children.  See section 210.620, RSMo.

Cross-reference:  Sections 211.032.4, 211.171.1, 210.720, 211.183, and 211.447.2, RSMo.


125.01  TERMINATION, WHEN

If the court finds after a hearing on a petition filed pursuant to section 211.447, RSMo, that termination is in the best interests of the juvenile and that any statutory condition for termination exists, the court may terminate the rights of a parent of the juvenile.

125.02  STYLE AND CONTENT OF PETITION

A petition filed pursuant to section 211.447, RSMo, shall have the style described in Rule 113.01a and be in the form described in section 211.452, RSMo.

125.03  ORDER OF PROCEEDINGS

a.  The order of proceedings, after a petition has been filed by the juvenile officer or children’s division pursuant to section 211.447, RSMo, shall be as follows:

(1) the juvenile officer or the children’s division shall request and ensure issuance by the clerk of a summons for service upon all parties and any foster parent, relative or other person providing care for the juvenile;

(2) the juvenile officer or the children’s division shall request the court to appoint a guardian ad litem for the juvenile in whose interest the petition has been filed;

(3) within 30 days after the petition has been filed, the juvenile officer shall meet with the court to determine whether all parties have been served with summons and to request the court to order an investigation and social study;

(A) if all parties required to be served with summons have not been served, the court may in its discretion extend the time for service;

(B) the court shall order the juvenile officer, children’s division, a public or private agency authorized or licensed to care for juveniles, or any other competent person, as directed by the court, to make an investigation and social study;

(C) the court shall schedule a dispositional hearing, as required by section 211.459.1, RSMo;

(4) unless continued for good cause, the court shall hold the dispositional hearing within 30 days after the juvenile officer and the court have met to determine whether all parties have been served with summons;

(5) no later than 15 days prior to the dispositional hearing, the court-ordered investigation and social study shall be made available to all parties or their counsel, the guardian ad litem and any court appointed special advocate;

(6) the court shall receive evidence and determine whether the allegations of the petition have been established in accordance with the appropriate standard of proof;

(A) if the court finds the statutory conditions for termination are not established by evidence that is at least clear, cogent and convincing, the court shall enter judgment denying the petition;

(B) if the court finds the statutory conditions for termination are established by evidence that is at least clear, cogent and convincing, the court shall determine whether a preponderance of the evidence establishes that termination is in the best interests of the juvenile;

(7) when the court finds that the statutory conditions for termination exist and that termination is in the best interests of the juvenile, the court may terminate the rights of the parent to the juvenile.

b.  If the petition is not filed by the juvenile officer or children’s division, the juvenile officer or children’s division, when mandated by section 211.447.2, RSMo, shall file a motion to be joined as a party.  

c.  All parties and the guardian ad litem shall be afforded the opportunity to cross-examine witnesses, testify, present evidence, and present argument concerning the weight, credibility and effect of the evidence.

Comment

A juvenile in a proceeding under sections 211.442 to 211.487, RSMo, is a person under 18 years of age.

Service of summons upon a juvenile shall be made in accordance with Rule 114.01c.  

A putative father has no legal relationship to the juvenile unless, prior to entry of a judgment under sections 211.442 to 211.487, RSMo, he has acknowledged the juvenile as his own by affirmatively asserting his paternity.

When appointing a guardian ad litem and court appointed special advocate for the juvenile in a proceeding under sections 211.442 to 211.487, RSMo, the court, to the extent possible, should appoint the guardian ad litem and court appointed special advocate who were appointed for the juvenile in the proceeding filed in the interest of the juvenile under subdivision (1) of subsection 1 of section 211.031, RSMo.

If a petition for termination of parental rights is filed for more than one juvenile in a family, the court may, if deemed to be in the best interests of each juvenile, join the petitions for disposition in one proceeding.

Cross-reference:  Sections 192.016, 211.447, 211.452, 211.453, 211.455, 211.459, and 211.462, RSMo.

126.01  NOTIFICATION OF RIGHTS

Prior to any in-custody interrogation, the juvenile shall be advised by the juvenile officer or by a designee trained by the juvenile officer that:

(1) the juvenile has the right to remain silent;

(2) the juvenile has the right to an attorney, and if the juvenile is unable to afford an attorney, that one will be provided;

(3) whatever the juvenile says to the juvenile officer or court personnel can be used in later proceedings;

(4) even though he or she begins to talk, the juvenile retains the right to stop talking at any time; and

(5) whatever the juvenile says to the police or persons other than the juvenile officer or court personnel may be used against the juvenile if the juvenile is transferred to a court of general jurisdiction to be prosecuted under general law.

Comment

The purpose of this Rule 126.01 is to ensure that a juvenile in custody is advised of his or her rights and the scope of those rights.  This Rule 126.01 also recognizes the limitations on the use of admissions, confessions and statements by the juvenile to the juvenile officer and court personnel.

127.01  WHEN JUVENILE MAY BE TAKEN INTO JUDICIAL CUSTODY

a.  A juvenile may be taken into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo:

(1) pursuant to an order of the court; or

(2) pursuant to the laws of arrest applicable to adults; or

(3) by a juvenile officer as authorized by law.

b.  Taking a juvenile into judicial custody is not an arrest.

c.  The jurisdiction of the court attaches from the time the juvenile is taken into judicial custody.

Comment

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile.  Therefore, the court must make this determination in any order under which a juvenile is taken into judicial custody under Rule 127.01a(1).  

Cross-reference:  Sections 211.101.3, 211.121, and 211.131, RSMo.

127.02  PROCEDURE UPON LAW ENFORCEMENT OFFICER TAKING JUVENILE INTO JUDICIAL CUSTODY

a.  Any person taking a juvenile into judicial custody pursuant to Rule 127.01 shall notify immediately the juvenile officer of such action and undertake a reasonable attempt to notify the juvenile’s parents, guardian or custodian.

b.  A juvenile taken into judicial custody pursuant to Rule 127.01 shall be released  immediately to the juvenile’s parent, guardian or custodian or other suitable person unless detention is authorized pursuant to Rule 127.06.

c.  If a juvenile is not released in accordance with Rule 127.02b, the law enforcement officer taking the juvenile into judicial custody shall submit to the juvenile officer as soon as practicable, but no later than 12 hours after taking the juvenile into judicial custody, a written report identifying the juvenile and stating the facts and circumstances that caused the law enforcement officer to believe the juvenile was subject to the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, and the reasons the juvenile was placed in judicial custody and not released.

d.  If a juvenile is released in accordance with Rule 127.02b, the court may impose conditions upon the activities and associations of the juvenile and upon any person to whom the juvenile is released.

e.  The juvenile officer shall advise the juvenile and any person to whom the juvenile is released in writing that failure to adhere to the conditions imposed on the activities or associations of the juvenile may result in the court ordering more restrictive conditions or that the juvenile be detained.

f.  The juvenile officer may require any person to whom a juvenile is released to sign a written promise to produce the juvenile when ordered by the court.

g.  If the juvenile is not released and detention is ordered or authorized, the juvenile shall immediately be taken to a detention facility designated by court order pursuant to Rule 127.03.

Comment

Rule 127.02a follows the juvenile code by requiring a reasonable attempt to notify a juvenile’s parents, guardian or custodian when the juvenile is taken into judicial custody.  

Rule 127.02b is consistent with the declared purpose of the juvenile code that a juvenile be released to the juvenile’s parent, guardian or custodian or other suitable person unless substantial reasons exist for detaining the juvenile.  

Rule 127.02c requires a written report, rather than mere notification, to the juvenile officer.  This written report provides the juvenile officer with a documentary basis for deciding whether to release the juvenile or hold the juvenile in judicial custody.

Cross-reference: Sections 211.131 and 211.141, RSMo.

127.03  DESIGNATION OF DETENTION FACILITY

a.  Each court shall by written order designate the detention facility or facilities in which juveniles may be detained when in judicial custody under subdivision (2) or (3) of subsection (1) of section 211.031, RSMo.  A copy of the order shall be made available to all law enforcement agencies within the territorial jurisdiction of the court.

b.  A juvenile under the age of 17 years shall not be detained in a jail or other adult detention facility.

c.  A detention facility shall:

(1) provide housing and physical space for each juvenile consistent with the physical and emotional needs of the juvenile;

(2) ensure continuous supervision by staff who are qualified, by training or experience, and adequate in number;

(3) provide services that address the educational, moral, medical, physical and mental well-being of each juvenile;

(4) protect each juvenile from physical and emotional harm from himself or herself, from other juveniles, and from all reasonably anticipated dangers; and

(5) preserve and protect each juvenile’s legal rights.

Comment

A detention facility operated in accordance with Appendix A complies with this Rule 127.03c.

Cross-reference:  Sections 211.151.2 and 211.151.4, RSMo.

127.04  PRESENTATION OF JUVENILE TO JUVENILE OFFICER OR DETENTION FACILITY

a.  When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a juvenile officer, unless the court has ordered the juvenile's detention, the juvenile officer may release the juvenile or authorize that the juvenile be detained in accordance with Rule 127.07.

b.  When a person other than the juvenile officer presents a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, to a detention facility, the person in charge of the detention facility shall promptly inform the juvenile officer that the juvenile has been received by the detention facility and the reasons the juvenile was taken into judicial custody.

c.  When a person other than the juvenile officer presents a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, to a detention facility, the person in charge of the detention facility may release the juvenile pursuant to Rule 127.02 unless the juvenile officer has authorized or authorizes, or the court has ordered or orders, that the juvenile be detained.

127.05  NOTICE UPON ADMISSION TO DETENTION FACILITY

a.  When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is admitted to a detention facility, the juvenile officer or person in charge of the detention facility shall immediately advise the juvenile both orally and in writing of:

(1) the reasons for the juvenile’s detention;

(2) the juvenile’s right to remain silent;

(3) the juvenile’s right to counsel, including the right to appointed counsel under Rule 115.02;

(4) the juvenile’s right to a detention hearing under Rules 127.07 and 127.08; and

(5) the juvenile’s rights during secure detention under Rule 127.10.

b.  As soon as practicable, the juvenile officer or person in charge of the detention facility shall notify the juvenile's parents, guardian or custodian in person, by telephone or otherwise of the juvenile’s admission to the detention facility and the reasons for the juvenile's detention.

c.  As soon as practicable, the juvenile officer or person in charge of the detention facility shall provide written notice in person or by mail to the juvenile’s parents, guardian or  custodian of the juvenile’s right to remain silent, right to counsel, right to a detention hearing, and rights during secure detention.

Comment

There is no minimum age for admission of a juvenile to a detention facility, but the juvenile officer and the court should consider the appropriateness of placement of a juvenile in a detention facility within the context of the options available under section 211.151, RSMo.

127.06  DETENTION

a.  A juvenile officer may authorize the detention of a juvenile for a period not to exceed 24 hours from the taking of the juvenile into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo.  This authorization may be written or oral but, if oral, shall be reduced to writing as soon as practicable.

b.  Within 24 hours after a juvenile is taken into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, unless the court has ordered or orders that the juvenile be detained, the juvenile shall be released to the juvenile's parent, guardian or custodian or other suitable person.

Cross-reference:  Section 211.141, RSMo.  

127.07  COURT ACTION UPON NOTICE THAT JUVENILE IS DETAINED

a.  An order for detention shall be entered only upon:

(1) the filing of a petition or motion to modify, and

(2) a determination by the court that probable cause exists to believe that:

(A) the juvenile's acts alleged in the petition or motion to modify bring the juvenile within the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo; and

(B) the conditions requiring judicial custody continue to exist.

b.  When the court is presented with a request that a juvenile be detained, it shall examine the reasons therefor and immediately:

(1) determine and make a finding on whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) determine and make a finding on whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home; and

(3) either:


(A) order the juvenile released pursuant to Rule 127.02; or

(B) order the juvenile detained until a detention hearing is held pursuant to Rule 127.08.

c.  A juvenile alleged to be within the jurisdiction of the court under subdivision (2) of subsection 1 of section 211.031, RSMo, shall not be held in secure detention for that allegation for a period greater than 24 hours, excluding Saturdays, Sundays and legal holidays, absent a finding, after a probable cause hearing held within such 24 hour period, that the juvenile has violated a court order with specific conditions for the juvenile’s behavior and consequences for violation of such conditions, and that the juvenile has a record of:

(1) willful failure to appear at court proceedings; or

(2) violent conduct resulting in physical injury to self or others; or

(3) leaving a court-ordered placement, other than secure detention, without permission.  

d.  If the court orders a juvenile detained, the court shall hold a detention hearing pursuant to Rule 127.08, except for good cause, within three days, excluding Saturdays, Sundays and legal holidays, of the date the juvenile was taken into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo.

e.  The detention hearing shall be held within the judicial circuit and at a date, time and place convenient to the court.

f.  Notice of the date, time and place of the detention hearing shall be given to the juvenile and the juvenile's parents, guardian or custodian in person, by telephone, or by such other expeditious method as is available.

Comment

Rule 127.07c shall not apply to a juvenile who is under the jurisdiction of the court pursuant to, or is currently charged with a violation under, subdivision (3) of subsection 1 of section 211.031, RSMo.

The probable cause determination required of the court under Rule 127.07a(2) is distinct from, and in addition to, the probable cause hearing required by Rule 127.07c.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile.  This Rule 127.07b recognizes that, if the juvenile was not taken into judicial custody pursuant to an order of court under Rule 127.01(a)(1), the court must make this determination in the order for detention.

Cross-reference:  Section 211.063, RSMo.

127.08  DETENTION HEARING

a.  The detention hearing may be held on the record.  The procedure to be followed at the hearing shall be determined by the court and may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements.

b.  The court shall first inform the juvenile of the juvenile’s right to counsel, including the right to appointed counsel under Rule 115.02.  If the juvenile does not waive the right to counsel, the court may continue the detention hearing to enable the juvenile to retain counsel or seek appointed counsel.

c.  The court shall thereafter inform the juvenile’s parents, guardian or custodian of their right to counsel and, if the right to counsel is not waived, may continue the detention hearing to enable the juvenile’s parents, guardian or custodian to consult counsel.

d.  The court shall receive evidence relevant to the necessity for detention of the juvenile.  Any written reports or social records to be offered to the court at the detention hearing shall be made available to all parties at or prior to the hearing.

e.  The juvenile shall not be detained unless the court finds detention is required:

(1) to protect the juvenile; or

(2) to protect the person or property of others; or

(3) because the juvenile may flee or be removed from the jurisdiction of the court; or

(4) because the juvenile has no parent, guardian or custodian or other suitable person able or willing to provide care and supervision for the juvenile and return the juvenile to court when required; or

(5) because the juvenile is a fugitive from another jurisdiction and an official of that jurisdiction has requested the juvenile be detained pending return to that jurisdiction.

f.  At the conclusion of the detention hearing, the court shall:

(1) order the juvenile released pursuant to Rule 127.02; or

(2) order the juvenile detained.

g.  If the court orders the juvenile detained, the court shall review the order of detention every 30 days thereafter until entry of a final order of disposition.

h.  If the court orders the juvenile detained, the court shall conduct the adjudication hearing on the petition or motion to modify under Rule 128.02 at the earliest possible date.

Comment

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination:

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.

Cross reference:  Section 211.141, RSMo.

127.09  RELEASE FROM DETENTION UPON CHANGE OF CIRCUMSTANCES

a.  A juvenile in a detention facility pursuant to court order may be released upon a determination by the court that a change of circumstances makes continued detention unnecessary.

b.  A written request for release of a juvenile from detention shall set forth the changed circumstances warranting the juvenile’s release from detention and may be filed by the juvenile, the juvenile's parents, guardian or custodian, or the juvenile officer.

c.  The court may grant or deny the request for release from detention without a hearing after written notice to all parties or order that a hearing be held at a date, time and place determined by the court.  Timely notice of the hearing shall be given to the juvenile or counsel for the juvenile, the juvenile's parents, guardian or custodian or counsel for the juvenile’s parents, guardian or custodian, and the juvenile officer.

d.  At the hearing, upon receiving evidence, the court may grant the request and release the juvenile from detention to the juvenile's parent, guardian or custodian or other suitable person or deny the request and remand the juvenile to the detention facility.

Comment

This Rule 127.09 recognizes that the circumstances originally justifying detention may change so that a juvenile can be released.  The rule provides a mechanism for calling to the attention of the court such change of circumstances.

127.10  RIGHTS DURING SECURE DETENTION

a.  When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile’s parents, guardian or custodian.  Thereafter, the juvenile may telephone the juvenile's parents, guardian or custodian only at reasonable intervals.  The juvenile officer may establish rules regulating the time and frequency of such subsequent telephone calls.

b.  When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile's counsel.  Thereafter, the juvenile may telephone the juvenile’s counsel at any reasonable time.

c.  When a juvenile is admitted to a detention facility, the juvenile’s parents, guardian or custodian may make an initial visit at any time.  Thereafter, the juvenile may be visited by the juvenile's parents, guardian or custodian only during the visiting hours of the detention facility, which, unless otherwise ordered by the court, shall be scheduled on no fewer than three days per week.  The juvenile officer may establish rules regulating visits to the juvenile by other persons.

d.  When a juvenile is admitted to a detention facility, the juvenile’s counsel may make an initial visit at any time.  Thereafter, the juvenile may be visited by the juvenile’s counsel at any reasonable time.

e.  If a juvenile refuses to see the juvenile's parents, guardian or custodian, no visits by the parents, guardian or custodian shall be allowed unless authorized by the court or the juvenile officer.

f.  No person shall interrogate a juvenile in a detention facility concerning an alleged violation by the juvenile of a state law or municipal ordinance without the presence of the juvenile’s counsel unless counsel consents or counsel has been waived or has not been retained or appointed, or without the presence of the juvenile’s parent, guardian or custodian unless the presence of the juvenile’s parent, guardian or custodian has been waived.

g.  Except for the juvenile's parents, guardian or custodian, the juvenile's counsel, and authorized personnel of the court, no person shall interview a juvenile in a detention facility without prior approval from the court or the juvenile officer.

Comment

This Rule 127.10 sets forth the rights of a juvenile while the juvenile is in a detention facility.

Since the purpose of secure detention is to safeguard the juvenile or others pending the hearing on the petition or motion to modify filed in the interest of the juvenile, this Rule 127.10 limits interviews and interrogations of the juvenile while the juvenile is detained.

When interviewing, or permitting an interview of, a juvenile in a detention facility, the juvenile officer must be cognizant of the distinction under Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354 (2004), between statements that are testimonial and statements that are non-testimonial.

This Rule 127.10 does not address or govern whether statements by a juvenile while detained are admissible against the juvenile in either a juvenile proceeding or adult criminal proceeding.

127.11  DISCOVERY

a.  In any proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, within ten days of the detention hearing or, in the absence of a detention hearing, within ten days of the filing of the petition or motion to modify, the juvenile officer shall make available to all parties or their counsel the following documents and records, to the extent relevant to the allegations of the petition or motion to modify:

(1) law enforcement records, including police reports;

(2) written statements and videotapes, audiotapes or similar recordings of statements of the juvenile regarding the alleged offense;

(3) written statements and videotapes, audiotapes or similar recordings of statements of the victim regarding the alleged offense;

(4) reports and affidavits submitted to the juvenile officer supporting or requesting that the juvenile be taken into judicial custody or that a petition or motion to modify be filed;

(5) written statements and videotapes, audiotapes or similar recordings of statements of witnesses regarding the alleged offense;

(6) written statements and videotapes, audiotapes or similar recordings of statements of any other person charged regarding the alleged offense;

(7) any reports or statements of experts, including the results of physical or mental examinations and of scientific tests, experiments, or comparisons; and

(8) exculpatory evidence tending to negate the involvement of the juvenile in the alleged offense or mitigate the degree of the juvenile’s involvement in the alleged offense.

b.  The obligation of the juvenile officer under Rule 127.11a is limited to documents and records in his or her actual possession.  The juvenile officer has no obligation under this Rule 127.11 to request or obtain the identified documents and records for any party.

c.  The juvenile officer has a continuing obligation under this Rule 127.11 to make available to all parties within ten days of receipt any documents and records identified in this Rule 127.11a that are subsequently obtained.

d.  This Rule 127.11 shall not restrict any party from engaging in formal discovery in any proceeding under subdivision (2) of subsection 1 of section 211.031, RSMo, which shall be governed by Rules 41 to 101, or in any proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, which shall be governed by Rule 25.

Comment

This Rule 127.11 establishes a procedure for informal production of specific documents and records that are relevant to the allegations of a petition or subsequent motion to modify.

Nothing in this Rule 127.11 prevents the court from entering a protective order for any document or record required to be made available by the juvenile officer pursuant to this Rule 127.11.

128.01  PRESENCE AND EXCLUSION OF JUVENILE AND JUVENILE’S PARENTS, GUARDIAN OR CUSTODIAN

a.  Except as provided in this Rule 128.01, in any proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the juvenile and the juvenile’s parents, guardian or custodian shall have the right to be present at all times during any hearing.

b.  No hearing, including a hearing to determine under Rule 129 whether the juvenile is a proper subject to be dealt with under the provisions of the juvenile code, may be commenced without the presence of the juvenile unless the juvenile’s presence is waived by counsel; provided, a detention hearing under Rule 127.08 may be commenced without the presence of the juvenile if the juvenile’s presence is waived by the juvenile’s counsel or the court determines the juvenile’s presence is not warranted.

 c.  After commencement of a hearing with the juvenile present, the subsequent voluntary absence of the juvenile shall not prevent the court from conducting the hearing to a conclusion.

d.  The court may commence a hearing without the presence of the juvenile’s parents, guardian or custodian if, after proper service or notice, the juvenile’s parents, guardian or custodian fail to appear.

e.  Except as otherwise provided by law, the court may exclude the juvenile’s parents, guardian or custodian from any part of a hearing for good cause, exceptional circumstances, or where exclusion will serve the best interests of the juvenile.

f.  In determining whether to proceed without the presence of the juvenile’s parents, guardian or custodian, the court shall consider, among other things, the age and emotional maturity of the juvenile, whether the juvenile has counsel present, the relationship between the juvenile and the juvenile’s parents, guardian or custodian, the nature and probable value of the evidence that may be presented, and whether the juvenile’s parent, guardian or custodian has expressly requested to be present during the hearing.

g.  Rule 128.01 shall not restrict the authority of the court to exclude any unruly or disruptive person from a hearing where exclusion is necessary to the orderly conduct of the hearing.

Comment

The authority of the court to proceed with the adjudication hearing on a petition or motion to modify in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, without the presence of the juvenile whose conduct is in question is limited.  See In re Gault, 387 U.S. 1 (1967).  

Upon conclusion of the adjudication hearing, if the dispositional hearing does not immediately follow, the court should order all parties to appear at the dispositional hearing and, when doing so, advise the juvenile that the failure of the juvenile to appear at the dispositional hearing without just cause constitutes a waiver of the juvenile’s right to be present at the dispositional hearing, and that the court may proceed and enter an order and judgment of disposition in the absence of the juvenile.  See In the Interest of: S. H., 75 S.W.3d 286 (Mo. App. 2002).

128.02   ADJUDICATION HEARING

a.  At an adjudication hearing in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the court shall first determine whether:

(1) the juvenile and the juvenile’s parents, guardian or custodian have received notice of the hearing and been informed of the allegations against the juvenile and the range of dispositions if the allegations are admitted or proved;

(2) the juvenile has been informed of the right to counsel, including the right to appointed counsel, and unless counsel has been previously retained or appointed or the juvenile has waived the right to counsel, whether the juvenile objects to proceeding without counsel; and

(3) the juvenile’s parents, guardian or custodian have been informed of the right to counsel and, unless counsel has been previously retained or waived, whether they object to proceeding without counsel.

b.  At such an adjudication hearing, the court shall determine what allegations in the petition or motion to modify are admitted by the juvenile and receive evidence on the allegations that have not been admitted.  The hearing shall be held on the record.  The court may take judicial notice of the court’s file.  The rules of evidence shall apply.  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.  Upon finding that the allegations in the petition or motion to modify are neither admitted by the juvenile nor proved, the court shall enter judgment denying the petition or motion to modify and, unless it has prior and continuing jurisdiction:

(1) order that the juvenile be discharged and, if appropriate, released from detention;

(2) order that the juvenile be released to the juvenile’s parent, guardian or custodian or other suitable person; and

(3) terminate jurisdiction.

d.  Upon finding that any allegation in the petition or motion to modify is admitted by the juvenile, the court shall:

(1) make a finding whether the juvenile is present with counsel or, if not, whether the juvenile has knowingly and voluntarily waived the right to counsel;

(2) make findings on the allegations in the petition or motion to modify that are admitted by the juvenile;

(3) make a finding whether the admissions of the juvenile are freely and voluntarily given and knowingly made and whether a basis in fact exists for the juvenile’s admissions; and

(4) enter an order whether the court accepts the admissions of the juvenile and whether the court has jurisdiction over the juvenile.

e.  Upon finding that any allegation in the petition or motion to modify is proved within the applicable standard of proof, the court shall:

(1) make findings on the allegations in the petition or motion to modify that are proved; and

(2) enter an order whether the court has jurisdiction over the juvenile.

f.  If the dispositional hearing does not immediately follow the adjudication hearing, the court:

(1) shall continue or, if appropriate, amend any detention order;

(2) may order a social study to be prepared pursuant to Rule 118.01; and

(3) shall schedule the dispositional hearing.

g.  Additionally, if the dispositional hearing does not immediately follow the adjudication hearing, the court shall determine and make findings on whether:

(1) reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home; and

(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.

Comment

In scheduling an adjudication hearing on a petition or motion to modify, the court must consider the requirement in Rule 127.08 that, if the juvenile is detained, the adjudication hearing shall be held at the earliest possible date.

If the juvenile and the juvenile’s parents, guardian or custodian have counsel present, the inquiry under Rule 128.02a(2) or Rule 128.02a (3) is not required.

The purpose of the adjudication hearing is to determine whether the allegations in the petition or motion to modify are established.  The allegations in a petition or motion to modify in a proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, are proved only by evidence that convinces beyond a reasonable doubt.  The allegations in a petition or motion to modify in a proceeding under subdivision (2) of subsection 1 of section 211.031, RSMo, are proved only by evidence that is at least clear and convincing.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination:

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.

Rule 128.02g recognizes that, if the dispositional hearing does not immediately follow the adjudication hearing, the court must include in the adjudication order whichever of these determinations has not been previously made.

128.03  DISPOSITIONAL HEARING

a.  A dispositional hearing in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, may be held separate from or immediately following an adjudication hearing held pursuant to Rule 128.02.

b.  At such a dispositional hearing, the court shall receive evidence and, in accordance with the best interests of the juvenile, determine and make findings on the legal and physical custody of the juvenile and on the disposition to be imposed on the juvenile.  The hearing shall be held on the record.  The court may take judicial notice of the court’s file.  The rules of evidence do not apply.  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.  At such a dispositional hearing, the court shall admit any social study into evidence and additionally receive:

(1) the recommendations of the juvenile officer;

(2) evidence regarding the recommendations of the juvenile officer; and

(3) evidence as may be relevant to determining the appropriate disposition in the interest of the juvenile.

d.  At such a dispositional hearing, the court:

(1) shall enter an order for the legal and physical custody of the juvenile;

(2) may, if the juvenile is released to the juvenile’s parent, guardian or custodian, terminate jurisdiction;

(3) shall order such disposition as is appropriate and provided by law; and

(4) shall schedule, if the juvenile is placed in the legal custody of the children’s division, a dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rule 124.01b(1) and Rule 124.01b(2) respectively.

e.  At such a dispositional hearing, if the juvenile is placed in the legal custody of the children’s division, the court shall determine and make findings on whether:

(1)  reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home; and

(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.

Comment

The purpose of the dispositional hearing is to determine:

(1) the legal and physical custody of the juvenile, and

(2) the services, treatment and placement necessary to facilitate the care, protection and discipline of the juvenile.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination:

(1) in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and

(2) no later than 60 days from the date of the removal of the juvenile from the home whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home.

This Rule 128.03 recognizes that the court must include in the dispositional order whichever of these determinations has not been previously made.  

Additionally, for such juvenile to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan that is in effect.  Therefore, if a juvenile is placed in the legal custody of the children’s division under subdivision (2) of subsection 1 of section 211.031, RSMo, the court must hold an annual permanency hearing as provided in Rule 124.09.

When returning a juvenile from Missouri upon the filing of a petition by the juvenile’s home state, or placing a juvenile outside Missouri for supervision, in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on Juveniles.  See section 210.570, RSMo.

Cross-reference:  Section 211.181, RSMo.  

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.

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).

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.  

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.

Section

Physical Plant
Administration
Personnel Management
Programs and Services
Training and Staff Development
Intake and Admissions
Juvenile Rights
Communication Provisions
Rules and Discipline
Juvenile Records
Security and Control
Safety and Emergency Procedures
Hygiene and Sanitation
Medical Services
Food Services
Release

The construction of new facilities or the remodeling of an existing structure shall incorporate the following standards during design and construction.

Essential Elements

1.1.  The facility is geographically located so as to be reasonably accessible to law enforcement agencies, the court, community resources, attorneys, and family members of juveniles who may be held therein.

1.2.  The facility is designed and constructed to maximize communication and interaction between personnel and juveniles.

1.3.  Emergency exits are suitable for prompt evacuation.

1.4.  Dormitory units do not exceed twenty (20) juveniles.

1.5.  Sleeping rooms have at least seventy (70) square feet of floor space for single occupancy and at least one hundred (100) square feet of floor space for double occupancy.

1.6.  Sleeping rooms have natural lighting and a bed above floor level.  Toilet and wash basin facilities are in the room or readily accessible by direct communication to facility personnel.

1.7.  An indoor activity area consisting of day space, dining area, educational space, visiting facilities and exercise area, excluding sleeping rooms, equal to at least one hundred (100) square feet per juvenile.

1.8.  Adequate secure storage facilities for the juvenile's personal belongings.

1.9.  Adequate storage for surplus facility clothing, bedding and supplies.

1.10.  Proper storage space for chemical agents and restraining devices is provided in a secure area readily accessible only to authorized personnel.

Cross-reference:

Missouri Revised Statutes
Section 211.011, RSMo, "Purpose of Law . . ."
Section 211.151, RSMo, "Places of Detention . . ."
Section 211.331, RSMo, "Detention Facilities . . ."
Supreme Court Rules
Rule 110.04, “Definitions”
Rule 127.03, "Designation of Detention Facility"
Missouri Juvenile Justice Association Detention Standards
Section  6, "Intake and Admissions", Item 6.3
Section  7, "Juvenile Rights", Item 7.2
Section  8, "Communication Provisions", Item 8.2
Section  11, "Security and Control", Items 11.9, 11.10 and 11.11
Section  12, "Safety and Emergency Procedures", Items 12.4 and 12.9

Essential Elements

2.1.  The facility shall have a published policy statement that describes its purpose, programs and services.

2.2.  An operations manual shall be made available to all employees detailing the policies and procedures for the operation of the facility.

2.3.  The facility shall have an organizational chart clearly outlining the lines of authority and accountability.

2.4.  A daily population report shall be maintained on every juvenile in the facility, to include, but not be limited to: date admitted, caseworker assigned, and accumulated days of stay.

2.5.  The facility shall have a plan for the routine examination and replacement of equipment.

2.6.  The facility administration shall prepare a plan that provides for direct and continuous supervision of all service providers, not being staff, in those areas where contact with juveniles is possible.

2.7.  The facility shall have procedures for the reporting of any allegation of child abuse.

2.8.  The facility shall compile a quarterly report that shall include, but not be limited to, detention statistics that reflect total usage, average daily population, male/female occupancy, program services delivered, and fiscal accounting.  This information shall then be compiled into an annual report.

2.9.  The facility administration shall establish criteria for evaluating the overall performance of the facility.

2.10.  The facility's planning, budgeting and program management functions shall be inter-related and linked directly to clear, measurable objectives.

2.11.  The facility shall establish procedures for inventory control of property, supplies, and other assets.

2.12.  The facility shall have procedures for the receipt, security, and disbursement of all monies, including that in the possession of a newly admitted juvenile to the facility, to include, but not be limited to:


(a) Internal controls,
(b) Petty cash procedures,
(c) Bonding, and
(d) Employee expense reimbursement.

Generally accepted accounting practices shall be employed for the handling of such monies.

2.13.  Policy shall specify the relevance of any research project to be conducted and the benefits desired therefrom.  Juveniles shall not be used for medical, pharmaceutical or cosmetic research, and participation in any authorized form of research shall be voluntary.

Cross-reference:
Missouri Revised Statutes
Section 211.011, RSMo, "Purpose of Law . . ."
Section 211.031, RSMo, "Juvenile Court . . ."
Section 211.151, RSMo, "Places of Detention . . ."
Section 211.331, RSMo, "Detention Facilities . . ."
Missouri Juvenile Justice Association Detention Standards
All sections

Essential Elements

3.1.  Policies for the selection, retention and promotion of all personnel.

3.2.  A personnel policy manual which includes, but is not limited to:


(a) Organization;
(b) Recruitment policies and procedures;
(c) Job qualifications, descriptions and responsibilities;
(d) Prior and in-service training;
(e) Employee evaluation;
(f) Full-time, part-time and emergency employment;
(g) Disciplinary procedures;
(h) Probationary service;
(i) Grievance procedures;
(j) Personnel records;
(k) Benefits;
(l) Holidays, leave and work scheduling;
(m) Retirement;
(n) Resignation and termination;
(o) Staff-Juvenile relations; and
(p) Equal employment opportunity provisions.


3.3.  Potential candidates for employment undergo a thorough background investigation, including a check of: references, criminal records, and the central registry of suspected child abuse and neglect reports.

3.4.  All employees undergo a physical examination prior to assignment and as required thereafter.

3.5.  The personnel policy manual is available to all employees and is reviewed annually and updated accordingly.

Cross-reference:
Missouri Revised Statutes
Section 211.331, RSMo, "Detention Facilities . . ."
Section 211.381, RSMo, "Compensation of Juvenile Court Personnel . . ."
Missouri Juvenile Justice Association Detention Standards
Section 2, "Administration", Items 2.1 and 2.2
Section 5, "Training and Staff Development"
Section 11, "Security and Control", Item 11.2
Section 12, "Safety and Emergency Procedures", Items 12.6 and 12.7

Essential Elements

4.1.  Procedures for the delivery of all programs and services consistent with the juvenile's rights.

4.2.  Individual and group counseling available and provided for all juveniles, as deemed appropriate by facility staff.

4.3.  The provision of an education program by the local school district, as required by law, for all juveniles held beyond their detention hearing or seventy-two hours, whichever occurs first.  Every attempt should be made to maintain continuity with the juvenile's local/home educational program.

4.4.  Juveniles have access to programs and services in the areas of:


(a) Religion;
(b) Mental health;
(c) Crisis intervention; and
(d) Medical services.


4.5.  Facilities utilizing volunteers provide an orientation program for the volunteers, specifying duties and obligations, and delineating lines of authority, responsibility and accountability.

Cross-reference:
Missouri Revised Statutes
Section 178.296, RSMo, "Educational Programs for Juveniles . . ."
Section 178.297, RSMo, "Cost of Programs . . ."
Section 211.011, RSMo, "Purpose of Law . . ."
Section 211.031, RSMo, "Juvenile Court . . ."
Missouri Juvenile Justice Association Detention Standards
Section 5, "Training and Staff Development", Item 5.5
Section 7, "Juvenile Rights", Items 7.3, 7.4 and 7.5
Section 14, "Medical Services"

Essential Elements

5.1.  An annually updated orientation and training program that documents prior and in-service training for personnel and volunteers.

5.2.  New child care personnel receive during their first 40 hours of employment orientation/familiarization training that includes the items listed below. Additional training on specific items shall be completed as soon as possible, but within the first year of employment. The orientation and training shall include:

(a) Orientation to the overall philosophy, purpose and goals of the facility;
(b) Working conditions and regulations;
(c) Responsibilities and rights of employees;
(d) Intake and booking;
(e) Security and operations;
(f) Emergency procedures;
(g) Crisis intervention;
(h) Communication skills;
(i) Juveniles' rights, rules and discipline;
(j) Use of force and/or restraints;
(k) First aid; and
(l) Handicapped and special needs youth.

5.3.  Until all orientation and training requirements have been met, new child care workers are teamed with properly trained co-workers.

5.4.  All child care personnel receive a minimum of  24 hours of updated and specialized training per year to reinforce and enhance their ability to meet the requirements of their specific duties.

5.5.  Volunteers and support staff receive orientation and updated training appropriate to their respective duties and obligations.

Essential Elements

6.1.  Orientation for newly admitted juveniles at each stage of the intake and admission process.  Orientation includes notification of rights, review of detention purpose and procedures, and advisory on rules and expectations of the facility.

6.2.  Procedures governing the admission process for juveniles shall include:


(a) Verification of authority to detain;
(b) Complete search of juveniles and their possessions;
(c) Notification of custodians;
(d) Shower and visual inspection;
(e) Issuance of freshly laundered clothing;
(f) Securing of all personal clothing, possessions, and monies;
(g) Initial medical screening;
(h) Recording of personal data and information; and
(i) Assignment to primary residential unit/room.

6.3.  Procedures that assure that all personal property and monies in the possession of each newly admitted juvenile are properly identified, receipt recorded, and secured until the juvenile is released or discharged for transfer.

6.4.  Procedures that provide that each juvenile upon admission is properly screened for injuries or possible signs of abuse or neglect.

6.5.  Juveniles suspected of being under the influence of alcohol or drugs may only be admitted to the facility after being medically examined by a qualified physician and cleared for admission.

6.6.  Procedures that provide that every juvenile admitted is properly informed, from the point of intake and admission and throughout the detention experience, of his or her rights, responsibilities and expectations and of procedures for reporting any concern or complaint.

Cross-reference:
Missouri Revised Statutes
Section 210.125, RSMo, "Protective Custody . . ."
Section 211.061, RSMo, "Arrested Child . . ."
Section 211.131, RSMo, "Taking Custody . . ."
Supreme Court Rules
Rule 122.02, “Open Records”
Rule 122.03, "Law Enforcement Records of Juveniles to Be Kept Separate"
Rule 126.01, "Notification of Rights"
Rule 127.01, "When Juvenile May Be Taken into Judicial Custody"
Rule 127.02, "Procedure Upon Law Enforcement Officer Taking Juvenile into Judicial Custody"
Rule 127.05, "Notice Upon Admission to Detention Facility"
Rule 127.06, "Detention"
Rule 127.10, "Rights During Secure Detention"
Missouri Juvenile Justice Association Standards
Section 2, "Administration", Items 2.5, 2.8, 2.12 and 2.13
Section 7, "Juvenile Rights", Items 7.9 and 7.10
Section 9, "Rules and Discipline", Item 9.2
Section 10, "Juvenile Records", Item 10.2

Essential Elements

7.1.  Juveniles shall not be subject to discrimination based on race, color, national origin, sex, creed or handicap.

7.2.  The provision of a safe and healthful environment includes:

(a) Twenty-four hour supervision by trained, professional staff and/or volunteers;
(b) Clean and orderly surroundings;
(c) Toilet, bathing, and hand washing facilities;
(d) Lighting, ventilation and heating; and
(e) Clean clothing, bedding and mattresses.

7.3.  Participation in educational and recreational activities.

7.4.  Participation in religious services of the juvenile's choice on a voluntary basis, subject to the safety, security and control needs of the facility.

7.5.  The right to determine the length and style of his or her own hair, including facial hair if desired, except where such restrictions are deemed necessary for health or safety reasons.

7.6.  Procedures for the possession and use of personal items.

7.7.  Juveniles shall not be subject to corporal or unusual punishment, mental abuse, or the punitive restriction of daily living needs.

7.8.  Procedures for the reporting of any allegation of child abuse or neglect to the state child abuse/neglect hot line for the independent investigation of any such complaints.

7.9.  Written grievance procedures provided to the juvenile upon admission to the facility.

Cross-reference:
Missouri Revised Statutes
Section 210.115, RSMo, "Reports of Abuse or Neglect . . ."
Supreme Court Rules
Rule 127.05, "Notice Upon Admission to Detention Facility"
Rule 127.10, "Rights During Secure Detention"
Missouri Juvenile Justice Association Related Standards
Section 2, "Administration", Items 2.7 and 2.8
Section 4, "Programs", Item 4.1
Section 5, "Training and Staff Development", Item 5.2
Section 6, "Intake/Admissions Procedures", Item 6.6
Section 9, "Rules and Discipline"
Section 11, "Security and Control"
Section 12, "Safety and Emergency Procedures"
Section 13, "Hygiene and Sanitation"
Section 15, "Food Services", Items 15.6 and 15.7

Essential Elements

8.1.  Procedures provided to juveniles and their custodians governing the right of communication between the juvenile, the juvenile's custodians, counsel and significant others.

8.2.  A provision for contact visits between the juvenile and the juvenile's custodians consistent with the safety and security requirements of the facility.  Visitors must be registered upon entry to the facility and may be subject to a security scan or search consistent with specific procedures.

8.3.  Procedures for access and use of a telephone by newly admitted juveniles and residents of the facility.

8.4.  Procedures to govern any necessary screening of correspondence or packages consistent with the well being of the juvenile, peers, personnel or the facility.

8.5.  Juveniles may communicate without screening with counsel or the assigned officer of the court.

8.6.  The provision of postage sufficient for weekly correspondence as indicated above.

8.7.  Procedures for the forwarding of first class mail following the juvenile’s release or transfer.

Cross-reference:
Supreme Court Rules
Rule 127.10, "Rights During Secure Detention"

Essential Elements

9.1.  Rules of conduct that specify prohibited activity within the facility and outline the possible range of disciplinary actions that can be taken when a rule is violated.

9.2.  Rules of conduct specifying prohibited activity are to be made available to each new resident and posted conspicuously in the facility.  Staff should help residents to understand each rule.

9.3.  The use of written disciplinary reports when there is reason to believe a juvenile has committed a major violation of facility rules and regulations or has persistently engaged in minor violations.  Disciplinary reports shall include:


(a) Specific rules or regulations violated;
(b) A formal statement of the offense;
(c) A narrative report of the event, to include:
(1) who was involved;
(2) what occurred; and
(3) time and location;
(d) Witnesses - personnel or other juveniles;
(e) Disposition of any physical evidence;
(f) Immediate action taken, including the use of any mechanical or physical restraint;
(g) Date and time report is made; and
(h) Signature of reporting personnel.

9.4.  Discipline shall not include the use of corporal punishment, physical or mechanical restraint, mental abuse, or the loss of daily living needs.

9.5.  Whenever room restriction or confinement is imposed, the juvenile shall not be restricted or confined in excess of 24 hours unless the facility superintendent or the superintendent's designee has reviewed the juvenile's status.  A review shall occur every 24 hours to determine the continued need for room restriction or confinement.  During such restriction or confinement:

(a) Staff shall have personal contact with the juvenile at intervals not to exceed fifteen (15) minutes, with immediate staff availability at all times;

(b) A counselor or the juvenile's deputy juvenile officer shall visit the juvenile as soon as possible, but at least within 24 hours, after the juvenile's removal from the general program; and
(c) A log is maintained, recording the time restriction/confinement was authorized, persons visiting the juvenile, the person authorizing release from restriction/confinement, and the time of such authorization.

9.6.  Should room confinement in excess of 24 hours be imposed, the juvenile shall be informed of the reasons for such action, be allowed an appeal of such action before an independent authority, and given assistance in presenting his or her position, if requested.

9.7.  Alleged law violations by a juvenile are to be reported to the juvenile office for its investigation or referral to the appropriate law enforcement agency.

Cross-reference:
Missouri Revised Statutes
Section 211.011, RSMo, "Purpose of Law . . ."
Missouri Juvenile Justice Association Related Standards
Section 7, "Juvenile Rights", Item 7.8
Section 11, "Security and Control", Items 11.4, 11.5 and 11.6
Section 14, "Medical Services", Item 14.6
Section 15, "Food Services", Item 15.7

Essential Elements

10.1.  Policy regarding juvenile records, related logs and reports, to include procedures on content, access and use, confidentiality, preservation and security, and destruction.

10.2.  Admissions records completed on each juvenile entering the facility to include the following data:

(a) Day, date and time of admission (and release);
(b) Name (last, first, initial, nickname, alias, aka) and case number;
(c) Date, place of birth and age, gender and race;
(d) Address of residence and telephone number;
(e) Name, relation, address and telephone number of custodians;
(f) Reason for admission, specific offenses;
(g) Name, ID, department of delivering agent;
(h) Assigned juvenile officer or agency worker;
(i) Legal counsel;
(j) Inventory of all personal possessions and monies;
(k) Medical screening history and condition of health; and
(l) Date and signatures of individuals completing the admission.

10.3.  Responsible personnel shall enter, date, and sign all required data in the appropriate records, logs and reports.

10.4.  Detention records to include:

(a) A completed admission record;
(b) Log of telephone calls - day, date, time, number, name and relation;
(c) Log of visitors - day, date, name, relation;
(d) Copies of case reports (medical, school, incidents, actions, grievances);
(e) A log of current court appearances and relevant detention orders;
(f) Copies of agency referrals, visits, and placements; and
(g) A copy of any current order for release or transfer.

10.5.  Procedures to assure compliance with confidentiality for all records and to regulate access and use only to individuals with authorized approval of the court based on a legitimate, clear need to know or as allowed by law.
Cross-reference:
Missouri Revised Statutes
Section 211.321, RSMo, "Juvenile Court Records . . ."
Section 211.322, RSMo, "Reports on Delinquency . . ."
Supreme Court Rules
Rule 122.02, "Open Records"
Missouri Juvenile Justice Association Detention Standards
Section 2, "Administration", Items 2.5 and 2.9
Section 6, "Intake and Admissions", Item 6.2
Section 11, "Security and Control", Item 11.7
Section 14, "Medical Services", Item 14.5

Essential Elements

11.1.  Security and control procedures to include:


(a) Admission and exit through all security perimeter entrances, exterior doors, and interior doors;

(b) A designation by the facility superintendent of doors to be kept locked;

(c) Maintenance of a permanent written log recording:

(1) Significant and emergency situations;
(2) Regular inspection and maintenance of security devices; and
(3) Daily inspection by line staff, and regular inspection by the facility’s superintendent, of every area in the facility to ensure security and safety for all personnel and juveniles;

(d) Searches of the facility and juveniles to control contraband;

(e) The control and use of keys;

(f) The control and use of tools, medical implements, and culinary equipment;

(g) Handling escapes, runaways, and unauthorized absences;

(h) Emergency procedures in the event of a fire, disturbance, or the taking of a  hostage; and

(i) Transporting of juveniles outside the facility and from one jurisdiction to  another.

11.2.  An 8:1 juvenile to staff ratio, with at least two child care workers on duty at all times.  During the day, adequate staffing should be available to provide programs in the facility.

11.3.  All movement by juveniles is regulated by staff.

11.4.  Explicit written procedures for the use of mechanical restraints.  The use of mechanical restraints is limited to instances when a juvenile is uncontrollable and poses a serious and evident danger to himself and/or others, and during transportation when necessary to assure public safety.  Except during transportation, mechanical restraints shall not be utilized for longer than thirty minutes, unless documented authorization is obtained from the facility administrator and follow-up is sought from a psychologist or medical personnel, as indicated.

11.5.  The use of physical restraint shall be limited to instances of self-
protection, protection of others, prevention of property damage, or prevention of escapes.

11.6.  The use of either mechanical restraints or physical restraint shall
never be applied as punishment.

11.7.  Documentation shall be made of any situation requiring the use of any mechanical restraints or physical restraint, including: reason, persons involved, date and time, length, and authorization.

11.8.  In searching the person of a juvenile, visual searches (visual observation of a juvenile without clothing) shall be done without specific authorization only upon entry to the facility.  At all other times, such searches shall be based upon specific grounds.

11.9.  A communication system both within the facility and between it and the community that is operational at all times.

11.10.  An emergency power source that is regularly inspected and repaired or replaced as necessary.

11.11.  A designated area for the securing of firearms.  Firearms should not be permitted beyond this area except in emergency situations.  Juveniles shall not have access to this designated area.

Cross-reference:
Missouri Revised Statutes
Section 211.151, RSMo, "Places of Detention..."
Missouri Juvenile Justice Association Detention Standards
Section 2, "Administration", Items 2.6 and 2.7
Section 5, "Training and Staff Development", Item 5.2
Section 7, "Juvenile Rights", Items 7.7 and 7.8
Section 9, "Rules and Discipline", Items 9.1, 9.4 and 9.5
Section 12, "Safety and Emergency Procedures", Items 12.4 and 12.5

Essential Elements

12.1.  Provisions for periodic inspections by qualified fire and safety inspectors. Administrative personnel should perform regular inspections of the facility.

12.2.  Policy and procedures must be reviewed at least annually with qualified fire and safety inspectors to ensure their effectiveness and coordination with local emergency services.

12.3.  An emergency power source to ensure maintenance of essential services in the event primary service is interrupted.

12.4.  Procedures for the prompt release of juveniles from locked areas in the event of an emergency.  An alternative system for release must be provided.

12.5.  Personnel are to be thoroughly trained in emergency procedures.

12.6.  All child care personnel shall be trained in basic first aid and cardiopulmonary resuscitation.

12.7.  Procedures to control access to and use of flammable, toxic, and caustic materials.

12.8.  The use of flame retardant, nontoxic materials and furnishings in the sleeping quarters.

Cross-reference:
Missouri Juvenile Justice Association Detention Standards
Section 1, "Physical Plant", Items 1.4 and 1.11
Section 5, "Training and Staff Development", Item 5.2
Section 11, "Security and Control", Items 11.1, 11.9, 11.10 and 11.11
Section 14, "Medical Services", Items 14.10 and 14.17

Essential Elements

13.1.  Annual inspection of the facility by qualified health and sanitation professionals, and for the regular inspection of the facility by staff and administration.

13.2.  A housekeeping plan that provides for the control of vermin and pests.

13.3.  Juveniles are to be showered upon admission and issued clean clothing, to include socks, underwear, and outerwear suitable to the sex of the juvenile.

13.4.  Clean socks, underwear, and towels to be issued daily, and clean outerwear at least three (3) times per week.

13.5.  Daily showers of juveniles.

13.6.  Procedures to govern the distribution of all articles necessary to provide for proper personal hygiene.

13.7.  Issuance of clean bedding and linens and sufficient blankets to provide comfort under existing temperatures.  Linens shall be exchanged at least weekly or as often as may be directed by health reasons.

13.8.  Bedding, linens, and clothing that exceed that required when at maximum population.

13.9.  Hair care services available to juveniles.

13.10.  Juvenile’s personal clothing is to be cleaned and, when necessary, disinfected after admission and before storage or before allowing the juvenile to retain and wear.

Cross-reference:
Missouri Revised Statutes
Section 211.011, RSMo, "Purpose of Law..."
Section 211.331, RSMo, "Detention Facilities..."
Missouri Juvenile Justice Association Detention Standards
Section 7, "Juvenile Rights", Items 7.2 and 7.6

Essential Elements

14.1.  Medical and health care services coordinated by the facility's administrative authority and the designated medical personnel.

14.2.  Procedures for the proper delivery of health care services, to include medical, dental, and psychiatric services, subject to periodic review by the appropriate medical and health care professionals.

14.3.  When provided within the facility, medical and health care services require the designation and availability of space, equipment, supplies, and materials.  On a regular basis, such materials and supplies shall be regularly inspected and kept current by the designated medical and/or health care personnel.

14.4.  A comprehensive physical and medical screening policy developed by the facility's administrative authority and the designated medical and health care personnel requiring the examination of newly admitted youth within five days of admission. Medical history and other significant background information shall be sought and obtained from the child, parents, and/or referring party upon admission.

14.5.  Procedures for the identification of youth in need of special care who exhibit physical, medical, or emotional problems, including suicidal tendencies and/or contagious diseases, and detailed procedures outlining the appropriate course of action, including transfer to other medical and/or psychiatric facilities, if indicated.

14.6.  Any employee suspected of having a communicable disease must have a medical examination prior to further contact with juveniles detained in the facility; the results of such examination to be kept in strict adherence to the confidentiality rules applicable to medical records.

14.7.  Procedures requiring that every juvenile upon admission be properly Informed in writing of the procedures to be followed to obtain medical services.

14.8.  Procedures for the immediate notification of a juvenile's custodian and the detention superintendent of any serious illness, injury, surgery, or death.

14.9.  Procedures for emergency 24-hour medical, dental, and psychiatric care as may be needed.

14.10.  The proper training of facility staff in first aid, cardiopulmonary resuscitation, and emergency medical services, as deemed appropriate by the facility's designated medical authority.

14.11.  Procedures for the management, storage, and dispensing of all pharmaceuticals and medical supplies.

14.12.  Use of any drugs and/or other pharmaceutical substance for the purpose of management and control of juveniles shall be prohibited unless medically prescribed by a licensed physician.  Use of such substances for experimentation and/or research is also strictly prohibited.

14.13.  Procedures to assure that medical screening and/or services provided are properly documented and recorded in a medical health file for each juvenile that is under the control of the family's supervising physician or health care consultant.

14.14. Obstetrical and gynecological services, as indicated, for female youth in residence.

14.15  Procedures for the transfer of copies of written medical instructions and/or records to the juvenile's custodian or transfer authority, as applicable, upon release from the facility.

Cross-reference:
Missouri Revised Statutes
Section 211.011, RSMo, "Purpose of Law..."
Section 211.161, RSMo, "Court May Require Physical or Mental Examination..."
Section 211.181, RSMo, "Order for Disposition or Treatment..."
Section 211.202, RSMo, "Mentally Disordered Children..."
Section 211.203, RSMo, "Mentally Retarded or Developmentally Disabled Children..."
Supreme Court Rules
Rule 117.01, "Physical and Mental Examination of Juvenile"
Rule 122.02, "Open Records"
Missouri Juvenile Justice Association Detention Standards
Section 2, "Administration", Items 2.7 and 2.12
Section 3, "Personnel Management", Item 3.5
Section 4, "Programs and Services", Item 4.4
Section 5, "Training and Staff Development", Item 5.2
Section 6, "Intake and Admissions", Items 6.2, 6.4, 6.5 and 6.6
Section 10, "Juvenile Records", Item 10.2
Section 12, "Safety and Emergency Procedures", Item 12.7
Section 16, "Release", Item 16.2

Essential Elements

15.1.  A system of dietary allowance that is reviewed on a regular basis by a qualified food specialist to ensure compliance with nationally recommended food allowances.

15.2.  Menus that are planned in advance and substantially adhered to.

15.3.  Accurate records maintained on all meals served, including menu and number.

15.4.  Documented special diets prescribed by medical or dental personnel or clergy must be provided as specified.

15.5.  A minimum of three meals, at least one of which shall be hot, provided at designated times during each 24-hour period.

15.6.  A single menu for each meal provided to juveniles and personnel eating within the facility, except for special prescribed diets required by item 15.4 above.

15.7.  The use of meals as a reward or punishment is prohibited.

Cross-reference:
Missouri Revised Statutes
Section 211.331, RSMo, "Places of Detention..."
Missouri Juvenile Justice Association Detention Standards
Section 7, "Juvenile Rights", Item 7.8
Section 9, "Rules and Discipline", Item 9.4
Section 13, "Hygiene and Sanitation", Items 13.1 and 13.2

Essential Elements

16.1.  Procedures for release of a juvenile, including:


(a) Verification of release authority;
(b) Notification of custodian or transfer authority for purposes of release;
(c) Return of personal property and cash; and
(d) Instructions on forwarding of first class mail and packages.


16.2.  Procedures for the transfer of copies of written medical instructions and/or records to the juvenile's custodian or transfer authority upon release from the facility.

Ahead are the eight general performance areas recommended by the Missouri Standards for the Administration of Juvenile Justice Committee.  A brief summary of the rationale behind each performance area, the performance indicators for the standard, and recommended methods for measuring the standard are included.
Every effort should be made to create opportunities for effective and meaningful participation in the justice process without undue inconvenience or hardship.

A.  Availability of services

A means through which designated personnel may be contacted seven days a week, 24 hours a day, should be established.

B.  Equal access

1.  Disabled persons should be provided access to parking, facility entrances, offices, waiting rooms, interview areas, and other areas in which juvenile office business is conducted.

2.  Interpreters should be made available for persons who are hard of hearing, speech-impaired, visually impaired, whose primary language is other than English, and/or who are unable to read.

C.  Courtesy, respect, and sensitivity

Personnel should be courteous and responsive to the public and afford respect to all with whom they come in contact.  Sensitivity should be demonstrated toward all persons from different cultures, ethnic groups, and alternative lifestyles.

Performance indicators

Users perceive the juvenile office as accessible and culturally sensitive.

Satisfactory level of participation by participants (witnesses, victims).

Staff perceive juvenile office as accessible and culturally sensitive.
Low number of complaints received by the juvenile office related to inaccessibility and cultural insensitivity.

Potential measurement methods

Systematic observations using trained observers.

Surveys of users and staff.

Focus groups of users and staff.

Structured interviews with users and staff.

Review of written and verbal complaints received.

The juvenile office is a public institution designed to dispense justice and provide services to the children and families that appear before it.  Accessibility is vital to public trust and confidence.  When the juvenile justice system is accessible, victims, witnesses, and families required to participate in it are more willing to take an active role.  "Participants" in child abuse and neglect is a term broader than just victims and witnesses and includes parents, foster parents, child service agency representatives, treatment providers, and others.  Juvenile justice proceedings seem less remote and confusing to the public.  This standard also seeks to ensure that there are effective avenues of participation for persons of all races, colors and creeds, and for those who are disabled and with alternative lifestyles.

Missouri juvenile justice agencies must operate under certain perimeters as a result of Missouri statutes and Supreme Court rules governing confidentiality.  Some official proceedings are still of a non-public nature.

Institutional independence and integrity are of paramount importance.  Juvenile justice professionals should be free from undue influence from other components of government or other entities.

A.  Juvenile office recommendations should be based on legally relevant factors.  Individual attention should be given to each child's case.

B.  Clarity is a prerequisite for both compliance and monitoring.  All documents prepared by the juvenile office should be clearly worded and easily understood by all parties.

C.  Personnel are responsible for monitoring and enforcing court dispositions and orders.

Performance indicators

Effective monitoring and enforcement of orders.

Perception of the fairness of recommendations by families, parties, and other community members.

Consistency in decisions across like cases.

Potential measurement methods

Surveys of families, staff, and other community members.
Record reviews (reflecting court order follow-through).
Record reviews (reflecting case outcomes).
Focus groups with families, staff, and other community members.
Structured interviews with families, staff, and other community members.
With this standard, a clear and unequivocal statement is made regarding responsibility for decisions and actions.  This standard reflects the ideal of justice in two ways: through making a statement in regard to independence from undue influence and by affirming that legally relevant factors shall serve as the basis for recommendations made.  It further emphasizes the importance of issuing decisions that are enforceable and ensuring that orders are enforced.

Policies should be in place to ensure that case processing and other juvenile office practices are conducted in a timely manner.  Compliance with time standards encouraging efficiency and responsiveness should be established and monitored.

A.  Referrals from other courts or entities, and requests for courtesy supervision

Upon receipt, requests for court services from other courts and entities should be date-stamped "received" and responded to within five business days of receipt.

1.  Requests for information or services from other courts, agencies, families, and members of the public will be responded to in a timely manner and in accordance with statutory provisions of confidentiality.

2.  Any written non-emergency referrals and other requests for services should be date stamped "received" and acknowledged within five business days of receipt.

B.  Requests for information or services

Requests for information from courts, other agencies, families, and members of the public will be responded to in a timely manner.

C.  Timely monitoring and enforcement of court orders

All court orders should be monitored for compliance.

Performance indicators

Efficient case processing.
Reduced case backlog.
Users perceive actions as timely and responsive.

Potential measurement methods

Surveys of users and staff.
Focus groups with users and staff.
Structured interviews with users and staff.
Review of case files.

This standard is important because it reflects commitment to good business practices.  More importantly, it reflects a commitment to public safety and protection of children, fairness, and due process.  Delays in actions can have serious ramifications for the children and families that are served, for victims, and for the general community.

A.  Juvenile file

For each child referred to the juvenile office, accurate, complete, and up-to-date records should be kept.  The information should be both relevant and necessary to a proper purpose.  Reasonable safeguards should be established to protect against the misuse, misinterpretation, and improper dissemination of file information.

B.  Maintenance of records

Juvenile records are generally confidential.  Access to and destruction of juvenile records is controlled by section 211.321, RSMo.

Performance indicators

File information is reliable, accurate, and relevant.

Potential measurement methods

Review of case files.
Surveys of file users.

A standard describing proper procedure for maintaining records underscores the importance of documenting juvenile justice processes.
Victims should be recognized as persons with a legitimate interest in the justice system.  The child's family members should be recognized as persons with a legitimate interest in the justice system and the welfare of the child.  Juvenile justice professionals should treat family members with dignity and respect while focusing on the safety and well being of the child.
Performance indicators

Satisfactory level of family and victim participation in juvenile justice processes.
Families perceive juvenile office staff as respectful of their rights and responsive to their child's needs.
Victims perceive juvenile office staff as responsive and respectful of their rights.
Victim advocates perceive juvenile office staff as respectful toward victim rights and responsive to victims.
Families and child advocates perceive juvenile office staff as respectful toward family rights and responsive to children and families.

Potential measurement methods

Systematic observations using trained observers.
Survey of family members and family advocates.
Record reviews (regarding victim participation).
Focus groups with family members and family advocates.
Focus groups with victim and victim advocates.
Structured interviews with family members and advocates.
Structured interviews with victims, family members, and advocates.
Number of contacts made with victims.
Number of contacts responded to by victims.
The victim and family rights standard addresses the role of the victim in the juvenile justice process and reflects themes of restorative justice.  This standard explicitly recognizes that the victim has an important role in the justice process and a stake in its outcomes.  It ensures that victims are not marginalized and that their input is valued and can help inform recommendations.
The standard explicitly recognizes that the family is valued and has an important role in the juvenile and family court process.

Court referral and intake services should be available seven days a week, twenty-four hours a day.

A.  Referral and intake

1.  Legal sufficiency

A referral of delinquency or child abuse and neglect shall be date-stamped "received."  If information is received verbally, it shall be reduced to writing as soon as possible.

a.  The intake officer should make an initial and prompt determination of whether the referral is legally sufficient for the filing of a petition on the basis of the contents of the referral and intake investigation.  In this regard, the officer should determine whether:

i.  The facts as alleged are legally sufficient to establish the court’s jurisdiction over the child;

ii.  There is a clear statement of the acts alleged;

iii. There is competent and credible evidence sufficient to support the filing of a petition; and

iv.  All acts arising out of one referral are included in one petition.

b.  If the legal sufficiency of the referral is unclear, the officer should:

i.  Cause or initiate further investigation; or
ii.  Consult with legal counsel.

c.  If the officer determines that the facts as alleged are not sufficient to
establish the court's jurisdiction, the officer should dismiss/reject the referral or, where appropriate, forward the referral to the appropriate authority.

d.  The intake disposition of the referral should be made within 30 calendar days from the date stamped "received".

2.  Notice to parties

Every effort should be made to ensure that all parties are provided with timely notice of proceedings.

a.  Informal adjustment - Notice of informal adjustment shall be given to parties, as required by Rule 112.02.

b.  Summons and service of petitions and other pleadings - Notice shall be given to parties, as required by Rules 114.01 to 114.05.

3.  Informal case processing

Review of prior referrals to the juvenile office and past involvement with the child welfare agency, along with a determination of the safety of the child, should be used as a guideline for arriving at the decision to dispose of a referral through the informal process.

a.  Upon a decision to make an informal adjustment, the Supreme Court rules that govern the informal adjustment process shall guide the informal case processing of all cases.

b.  The informal adjustment disposition should be made on or within 30 calendar days from intake disposition.

c.  During the informal adjustment conference and after the allegations are found sufficient, the officer shall conduct a risk and needs assessment and classification of the child in all delinquency cases.

d.  In delinquency cases, as a result of the informal adjustment and classification of the child, the officer should determine what disposition (sanctions/services) is in the best interest of the child and community.

e.  In child abuse and neglect cases, as a result of the informal adjustment, the officer should determine what disposition and services are in the best interest of the child and family.

f.  Within five business days of determining a disposition, the disposition, results of any risk and needs assessment completed, and services and sanction(s) utilized shall be reported to the court and the office of state courts administrator (OSCA) using a standardized form (sections 211.141 and 211.327, RSMo).

g.  The juvenile officer or the juvenile officer's designee should conduct the informal adjustment conference.  The juvenile officer or designee has authority to provide for any disposition available.  Any services available to the court should be available at the informal adjustment conference.

h.  In delinquency cases, an agreement should be signed signifying the child and custodian(s) accept the terms of the informal adjustment.  This agreement should be maintained in the child's file, and a copy of the agreement should be provided to the child and custodian(s) upon signing.

i.  In child abuse/neglect cases, an agreement or children's division safety plan should be signed signifying that the child's parent, guardian, or legal custodian, the children's division worker (if appropriate), and the juvenile officer accept the terms of the informal adjustment conference.  This agreement should be maintained in the child's file, and a copy of the agreement should be provided to the parent, guardian, or legal custodian and, when applicable, the children's division worker.

4.  Formal case processing

a.  Upon a decision to authorize temporary protective custody or detention, Supreme Court rules should be strictly adhered to (Rules 123 and 127).

b.  Upon a decision to file a petition, the Supreme Court rules that govern formal case processing should be strictly adhered to (Rules 113.01 to 113.03).

c.  During formal case processing in delinquency cases, the officer shall conduct a risk assessment and classification of the child (section 211.121, RSMo) pursuant to the Missouri Juvenile Offender Risk & Needs Assessment Classification System.

d.  Every effort should be made to ensure that all necessary persons are provided with timely notice of proceedings, as required by statutes and Supreme Court rules.

e.  In delinquency cases, within five business days of the court entering a disposition, the disposition, results of the risk assessment, needs assessment, and the sanction(s)/service(s) utilized shall be reported to the court and the office of state courts administrator using a standardized form (sections 211.141 and 211.327, RSMo).

Performance indicators

Consistent case recommendations across like cases.
Efficient use of services.
Identified areas of service needs are met.
Identified time standards are being met.

Potential measurement methods

Review/comparison of case recommendations across like cases.
Surveys of service providers (regarding appropriateness of referrals).
Review of case outcomes across like cases.
Surveys/structured interviews with child and parents/guardians.
Review of case files.
Review of management report.
The case processing standards offer a best practice model from the point at which a referral is received until a case is closed.  These standards were created to foster consistency in case-processing and to ensure that practices are just and equitable and that actions are timely.
Use of the Missouri Juvenile Offender Risk & Needs Assessment and Classification System is not applicable to child abuse and neglect cases.
A.  Supervision procedures

1.  Duration

a.  Informal adjustment with supervision - Informal adjustment with supervision cannot exceed a period of six months, unless extended by court order.  Informal adjustment may not continue beyond a period of one year (Rule 112.04).
b.  Court adjudication/supervision of delinquency cases - The duration of formal supervision should be based on the child's risk and needs levels and adjustment under supervision.
2.  Contact standards - delinquency cases
Written guidelines should be in place pertaining to the frequency and nature of contacts that should be made with the child during the period of supervision.  These guidelines should take into account public safety and be based upon the Missouri risk scale and the severity of the presenting offense.  Contact standards should be graduated and may increase or decrease during the period of supervision.  The decision to adjust the level should be based on receipt of new referrals, violations of supervision, compliance with treatment service(s), and risk level changes.
Recommended minimums for contact standards are provided below.
a.  Informal adjustment with supervision - Informal adjustment may or may not include supervision.  Informal adjustment with supervision should include a minimum of one face-to-face contact per month with the child or his or her custodian for the duration of the informal adjustment period.
b.  Formal supervision - The frequency and type of contact should correspond to the supervision level.
i.  High level supervision should include a minimum of four face-to-face contacts monthly with the child at the juvenile office, child's home, school, or other community setting, one of which includes a parent or custodian, supplemented by collateral contacts as needed.
ii.  Moderate level supervision should include a minimum of two face-to-face contacts monthly with the child at the juvenile office, child's home, school, or other community setting, one of which includes a parent or custodian, supplemented by collateral contacts as needed.
iii.  Minimum level supervision should include a minimum of one face-to-face contact monthly with the child, which should include a parent or custodian, supplemented by collateral contacts as needed.
c.  Treatment contacts - Written guidelines should be in place pertaining to the frequency and nature of contacts that should be made with the child's treatment providers during the period of supervision.
3.  Upon termination of the informal case process, the juvenile officer shall notify the child's parent, guardian or legal custodian and, if applicable, the children's division, and report such action to the court.
B.  Case monitoring
All sanctions, services and dispositions should be monitored in all cases to ensure compliance.
1.  Progress reports in delinquency cases
The juvenile officer should complete progress reports at a minimum of every three months.  Progress reports should address compliance with conditions of supervision, services received, new referrals to the court, and changes in risk level.
The progress report should be submitted to the court for formal cases and maintained in the child's file for all cases.  Notification of progress or lack of it should be provided to the child and parent or guardian.
2.  Documentation of results
The results of monitoring and outcome(s) should be documented when the case is terminated.  This documentation should be maintained in the child's file.
C.  Formal case processing in child abuse/neglect cases
1.  The juvenile officer should provide on-going case monitoring to assure that each child's case moves through the dispositional review hearing, permanency hearing, permanency review hearing, and, when applicable, termination of parental rights hearing, as required by statute and Supreme Court rules.
2.  The juvenile officer is responsible for formal case processing and case monitoring activities that may include, but not be limited to:
a.  Preparation and filing of pleadings (e.g., motions for visitation, child support, or establishment of paternity);
b.  Ensuring the issuance of notices, summons, or subpoenas;
c.  Review of all written reports received from the children's division and others (e.g., medical, law enforcement, therapists, school, other treatment providers);
d.  Preparation and presentation in court, including preparation of witnesses, presenting evidence, and making recommendations;
e.  Preparation of memoranda and drafts of court orders;
f.  Monitoring the case for compliance with court orders and initiating action necessary to ensure compliance; and
g.  The juvenile officer should participate in the children's division family support team (FST) meetings.
D.  Case closing
1.  Informal adjustment
Informal adjustment should be terminated as required by Rule 112.04.
2.  Court supervision
Formal supervision should be terminated as required by Rule 119.03.
3.  Exit interview
For both formal and informal cases, an exit interview should be conducted with the child and child's parent or guardian to: a) notify them of the recommendation to discharge; b) review services provided; and c) receive comments and recommendations. A copy of the results of the exit interview should be placed in the child's file.
E.  Specific services

Offense, gender, and cultural-specific services or programs should be

utilized.
Performance indicators
Reduced recidivism.
Reduced reports of child maltreatment.
Reduced length of time children remain in alternative care.
Consistent case decisions/recommendations across like cases.
Identified areas of service needs are met.
Reduced delays in case processing.
Potential measurement methods.
Analysis of referrals, numbers, and types.
Review/comparison of case decisions/recommendations across like cases.
Surveys/structured interviews with children, parents/guardians, care providers, victims, and legal representatives, as appropriate.
The disposition standard for delinquency cases puts forth a best practice standard concerned with issues of public safety and the importance of utilizing the least restrictive intervention for the child.  Adherence to the supervision level described in this standard is intended to ensure that communities are safer from offenders while habilitation efforts are administered to decrease the likelihood of delinquent behavior by the child.
The disposition standard for child abuse and neglect cases puts forth a best practice standard concerned with issues of child safety, well-being, and timely permanency decision-making, whether through the informal or formal case process.
Procedures for use of detention facilities and polices governing the treatment and rights of detained youth shall be in compliance with Rules 127.01 to 127.11.  A sufficiently wide range of detention services should be available so that the least restrictive interim option appropriate to the child's needs and community safety may be selected.
When a detention facility has bedspace available, every effort should be made to accommodate youth regardless of that youth's county of residence or the court having jurisdiction.

Performance indicators
Enhanced availability of detention facilities and services.
Increased community safety.
Public awareness of availability of detention facilities/services.
Potential measurement methods.
Record review (relevant to decisions to hold and availability of resources).
Analysis of pre-disposition recidivism.
Surveys of local citizens.
This standard was created to ensure that there are sufficient resources available to detain youth that present a significant risk and that detention resources are used judiciously.  The standard encourages resource sharing among circuits that have detention facilities and services and promotes development and use of less restrictive options when appropriate.
Cross-reference:
Missouri Revised Statutes
  Section 211.141, RSMo, "Child Returned to Parent..."
Supreme Court Rule
Rule 127.09, "Release from Detention..."
Missouri Juvenile Justice Association Detention Standards
Section 2, "Administration", Item 2.13
Section 6, "Intake and Admissions", Items 6.2 and 6.3
Section 8, "Communication Provisions", Item 8.7
Section 10, "Juvenile Records", Items 10.2 and 10.4
Section 14, "Medical Services", Item 14.16
STANDARD 1.0  Appointment of Guardians ad litem
Only a lawyer licensed by the Supreme Court of Missouri and, when authorized by law, a court appointed special advocate volunteer sworn in as an officer of the court shall be appointed to act as a guardian ad litem for a child.  The guardian ad litem shall be appointed not later than the first proceeding at which a guardian ad litem is required by law and shall remain involved until the matter in which the guardian ad litem is appointed is concluded or as otherwise ordered by the court.  
*   *   *
COMMENT:  Courts may appoint either a lawyer or a court appointed special advocate volunteer to serve as guardian ad litem in accordance with Missouri law in juvenile matters, family court division matters, and domestic relations matters, as set forth in chapters 210, 211, 452, 453 and 455, RSMo.

Missouri children deserve quality guardian ad litem representation, whether by a lawyer or a volunteer.  To ensure the best possible guardian ad litem services, there needs to be clarity and consistency in defining the role and responsibilities of the guardian ad litem.  To perform his or her duties effectively, the guardian ad litem requires knowledge of the role, understanding of the court's expectations, and knowledge of the criteria used to judge his or her performance.

STANDARD 2.0  Independent Judgment of Guardian ad litem

A guardian ad litem, whether a lawyer or a volunteer, shall be guided by the best interests of the child and shall exercise independent judgment on behalf of the child in all matters.


COMMENT:  Although the parties are interested in the child's well-being, they are not necessarily focused on the best interests of the child.  The guardian ad litem, therefore, (1) must recommend only what is in the best interests of the child on each issue, and (2) must maintain an objectivity that preserves a clear focus on the child's best interests.


The roles of a guardian ad litem and a lawyer for the child are different and must be clearly distinguished.  A lawyer guardian ad litem is not the lawyer for the child and, therefore, advocates the best interests of the child rather than merely representing the child's preferences.

STANDARD 3.0  Faithful Performance of Duties

The court shall assure that the guardian ad litem maintains independent representation of the best interests of the child.  The court shall require the guardian ad litem to perform the guardian ad litem duties faithfully and, upon failure to do so, shall discharge the guardian ad litem and appoint another.

COMMENT:  The guardian ad litem should relate to the child according to the child's stage of development and understand the child's sense of time in relation to his or her age.  The guardian ad litem should conduct regular face-to-face meetings with the child, which will allow the guardian ad litem to observe the child's physical, mental, social, educational and familial well-being and to form opinions concerning the underlying cause of any developmental disturbances the child may exhibit.  The guardian ad litem shall not diagnose or work therapeutically with the child, but regular, face-to-face contact will ensure informed observations when conferring with other specialists.

STANDARD 4.0  Volunteer Advocates

If the court appoints a court appointed special advocate volunteer, the services of a lawyer shall be obtained by the volunteer program supporting the volunteer when the volunteer has need for legal advice and assistance.

COMMENT:  Volunteers, trained and supervised by court appointed special advocate programs and sworn in as officers of the court, may be appointed to serve as guardians ad litem in certain designated cases.  When a volunteer serves as a guardian ad litem, a lawyer must be available to represent and, where appropriate, advise the volunteer.

STANDARD 5.0  Guardian ad litem Access to Child
The guardian ad litem shall not be unduly restricted in access to the child by any agency or person.  The guardian ad litem should meet with the child in the child's placement as often as necessary to determine that the child is safe and to ascertain and represent the child's best interests.

COMMENT:  Every child should have a guardian ad litem who is objective and independent and aware of and knowledgeable about the child's particular situation.

STANDARD 6.0  Guardian ad litem Access to Reports and Records

Unless otherwise provided by law, the guardian ad litem shall be provided, upon request, with all reports relevant to the case made to or by any agency or any person and shall have access to all relevant records of such agencies or persons relating to the child or the child's family members or placements of the child.
COMMENT:  Except as otherwise provided by law, the guardian ad litem must have complete access to all information related to the child and the child's situation.  See  section 210.160.2, RSMo.

STANDARD 7.0  Confidentiality

A guardian ad litem shall observe all statutes, rules and regulations concerning confidentiality.  A guardian ad litem shall not disclose information, or participate in the disclosure of information, relating to an appointed case to any person who is not a party to the case, except as necessary to perform the guardian ad litem duties or as may be specifically provided by law.

COMMENT: The guardian ad litem, whether a lawyer or a volunteer, shall comply with all appropriate codes of ethics and conduct regarding confidentiality.

STANDARD  8.0  The Court Process

The guardian ad litem will review the progress of a child's case through the court process and advocate for timely hearings.

COMMENT:  The harmful effects of prolonged foster care and a lack of permanency planning for children are serious and well documented.  Foster Children in the Courts, Edited by Mark Hardin, 1983.


STANDARD 9.0  Relating the Court Process to the Child

The guardian ad litem will explain, when appropriate, the court process and the role of the guardian ad litem to the child.  The guardian ad litem will assure that the child is informed of the purpose of each court proceeding.  The guardian ad litem will assure the child that the child's opinions and feelings will be made known to the court even when not consistent with the recommendations of the guardian ad litem.

COMMENT:  To decrease the trauma to the child from attending court hearings, depositions and other proceedings, the guardian ad litem shall explain to the child what is happening and what is expected of the child in all proceedings involving the child.

STANDARD 10.0  Participation in Proceedings Outside the Courtroom
The guardian ad litem shall participate in the development and negotiation of any plans, orders and staffings that affect the best interests of the child.

The guardian ad litem shall monitor implementation of service plans and court orders to determine whether services ordered by the court are being provided in a timely manner.


COMMENT:  The guardian ad litem should be present and participate in staffings and meetings that impact the life of the child, including, but not limited to, permanency planning review team meetings and staffings within the educational and mental health settings.

STANDARD 11.0  Participation in Court Proceedings

The guardian ad litem shall appear at all court proceedings to represent the child's best interests.  As authorized by law, the guardian ad litem may present evidence and ensure that, where appropriate, witnesses are called and examined, including, but not limited to, foster parents and psychiatric, psychological, medical, or other expert witnesses.

In the event any new developments or significant changes in the child's circumstances occur during the pendency of the court process, the guardian ad litem may cause appropriate pleadings to be filed.

COMMENT:  The guardian ad litem should be present at all court proceedings involving the child, which may include depositions and other pre-trial proceedings.

STANDARD 12.0  Protecting the Child as Witness

The guardian ad litem in a pending case shall protect the interests of the child who is a witness in any judicial proceeding related to the case in which the guardian ad litem has been appointed.  The guardian ad litem shall explain, when appropriate, the court proceedings and process to the child.

COMMENT:  The guardian ad litem must protect the child from multiple depositions and repetitive examinations that are not in the child's best interests.  The guardian ad litem shall request that all parties give notice of any related proceedings or meetings involving the child and for any proposed contact between counsel for a party and a child.  In matters for which the guardian ad litem is appointed, the guardian ad litem shall be present during any conferences between counsel for a party and the child.

STANDARD 13.0  Conflicts of Interest

If it is determined that the recommendations of the guardian ad litem are not in agreement with the wishes of the child, the court shall be informed by the guardian ad litem.  


COMMENT:  There must be no conflict of interest that makes it difficult for the guardian ad litem to present recommendations that are consistent with the child's best interests.  At any time during the proceedings in order to avoid a conflict of interest, the guardian ad litem, whether a lawyer or a volunteer, must inform the court of the child's preferences even though different from his or her recommendations.  

STANDARD 14.0  Recommendations to the Court


The guardian ad litem shall present recommendations to the court on the basis of the evidence presented and provide reasons in support of these recommendations.  When authorized by law, the guardian ad litem may offer evidence to the court.  If the guardian ad litem testifies, the guardian ad litem shall be duly sworn as a witness and be subject to cross-examination.


COMMENT:  The guardian ad litem shall ensure the court's receipt of independent, objective information.  To make a decision that serves the child's best interests, the court must have knowledge of the child's circumstances from all sources including the parents, caseworker, and deputy juvenile officer.  If the guardian ad litem has information that he or she believes to be relevant from his or her own independent investigation, the guardian ad litem should testify.

STANDARD  15.0  Court Orders


The guardian ad litem should request orders that are clear, specific, and, where appropriate, include a time line for the assessment, services, placement, treatment and evaluation of the child and the child's family.


COMMENT:  All court orders should clearly reflect the requirements and expectations of each party so that stability for the child is achieved as soon as possible.

STANDARD 16.0  Training of Guardian ad litem


No person shall be appointed as guardian ad litem without first completing twelve hours of specialized training.  Thereafter, to continue to be appointed as a guardian ad litem, a person shall complete six hours of specialized training annually.  Completion of the training hours shall be evidenced by an affidavit filed with the appointing court by July 31 of each year.  The court may accept, in lieu of the initial twelve hours of specialized training, an equivalent number of hours of experience as a guardian ad litem prior to the effective date of the adoption of these standards.

The specialized training shall include, but is not limited to, the following topics:

1.  Dynamics of child abuse and neglect issues;
2.  Factors to consider in the determining the best interests of the child, including permanency planning;
3.  Inter-relationships between family system, legal process and the child welfare system;
4.  Mediation and negotiation skills;
5.  Federal, state and local legislation and case law affecting children;
6.  Cultural and ethnic diversity and gender-specific issues;
7.  Family and domestic violence issues;
8.  Available community resources and services;
9.  Child development issues;
10. Guardian ad litem standards.

Programs providing guardian ad litem training to meet the provisions of this standard shall be accredited by the Supreme Court of Missouri's judicial education committee.


COMMENT:  Guardian ad litem practice is unique and complex and, as such, requires special education, training and experience.  The guardian ad litem needs an understanding of family dynamics and child development in order to evaluate observed and reported behaviors.  The guardian ad litem must interpret lengthy case information, which may include references to stress and abuse syndromes, physical determinations of abuse, causal factors in abuse and neglect, and the concepts of treatment designed to address abusive behaviors.  The guardian ad litem must be able to understand these references and see how determinations of probable cause are developed, how and why treatment programs are prescribed, and how to incorporate these references into his or her recommendations for the best interest of the child.

The guardian ad litem is not expected to make diagnostic or therapeutic recommendations but is expected to provide an information base from which to draw resources.  Therefore, the guardian ad litem must have a working knowledge of family dynamics and be able to compare and relate this concept to the observations, reports and documentation received regarding the child and the child's family.