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Rule 114.01 – Summons and Service of Petition

May 13, 2021 | Family Law, Missouri

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.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 114.01

Adopted May 20, 2009, eff. Jan. 1, 2010.

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 114.01 f 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.”

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