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Rule 122.02 – Open Records

May 13, 2021 | Family Law, Missouri

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.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 122.02

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

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.

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Cross-reference: Section 211.319.3, RSMo. .