Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.07

As amended through November 19, 2024

Rule 123.07 - Preliminary Child Welfare Proceeding

(a) When the juvenile in whose interest a petition is filed under section 211.031.1(1), 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 hearing pursuant to Rule 124.06; and

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

(b) If the court orders temporary protective custody of the juvenile pursuant to Rule 123.07(a)(6), the court shall either schedule a protective custody hearing pursuant to Rule 123.05 or, if appropriate and by agreement of all parties, conduct a protective custody hearing immediately following the child welfare proceeding.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.07

Adopted May 20, 2009, eff. 1/1/2010; amended October 26, 2021, effective 7/1/2022.

Comment

Section 211.032.3, RSMo, requires a proceeding to be held within three business days of a petition being filed in all cases under section 211.031.1(1), RSMo.

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 123.02 c 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 124.01 a do not apply when the juvenile in whose interest a petition is filed under section 211.031.1(1), 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 section 211.031.1, 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 123.07(a)(6).