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Rule 123.06 – Release From Protective Custody Upon Change of Circumstances

May 13, 2021 | Family Law, Missouri

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.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.06

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

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.

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