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Rule 117.02 – Physical and Mental Examination of Juvenile

May 13, 2021 | Family Law, Missouri

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

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 117.02

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

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 124.01 a(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.

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