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Rule 123.08 – Discovery

May 13, 2021 | Family Law, Missouri

a. In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, within ten days of the date of the protective custody hearing or, in the absence of a protective custody hearing, within 14 days of the filing of the petition or motion to modify, the juvenile officer and children’s division shall make available to all other parties or their counsel, the guardian ad litem and any court appointed special advocate the following documents and records, to the extent relevant to the allegations of the petition or motion to modify:

(1) medical records of the juvenile;
(2) law enforcement records, including police reports, regarding the juvenile and the juvenile’s parents, guardian or custodian;
(3) written statements and videotapes, audiotapes or similar recordings of statements of the juvenile and the juvenile’s parents, guardian or custodian;
(4) reports and affidavits submitted by the children’s division to the juvenile officer requesting that the juvenile be taken into protective custody or that a petition be filed;
(5) completed social services reports and safety plans regarding the juvenile and the juvenile’s parents, guardian or custodian;
(6) written service agreements between the juvenile’s parents, guardian or custodian and the children’s division; and
(7) completed hotline reports, redacted to the extent required by law, regarding the juvenile and the juvenile’s parents, guardian or custodian.
b. The obligation of the juvenile officer and children’s division under this Rule 123.08 is limited to documents and records in their actual possession, and neither the juvenile officer nor the children’s division has any obligation under this Rule 123.08 to request or obtain the identified documents and records for any other party, the guardian ad litem, or court appointed special advocate.
c. The obligation of the juvenile officer and children’s division under this Rule 123.08 is continuing, and the juvenile officer and children’s division shall make available within ten days of receipt to all other parties, the guardian ad litem and any court appointed special advocate any documents and records identified in Rule 123.08 a that are subsequently received.
d. This Rule 123.08 shall not restrict any party from engaging in formal discovery, which shall be governed by Rules 41 to 101.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.08

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

Comment

This Rule 123.08 establishes a procedure for informal production of specific documents and records that are relevant to the allegations of the petition or a subsequent motion to modify because the time frame in Rule 124.01 a(2) makes formal discovery under the rules of civil procedure impractical.

However, this Rule 123.08 does not prevent a party from engaging in formal discovery, which, in view of the time periods allowed under the rules of civil procedure, will, in most cases, necessitate that the hearing on the petition or motion to modify be held outside the time frame in Rule 124.01 a(2).

Nothing in this Rule 123.08 shall be construed to supersede any state law or federal regulation that makes information in the possession of the children’s division confidential or which otherwise limits disclosure of information by the children’s division.

Additionally, nothing in this Rule 123.08 prevents the court, on its own motion or on the motion of any party, from entering a protective order for any document or record made available by the juvenile officer and children’s division pursuant to Rule 123.08 a.

Finally, nothing in this Rule 123.08 shall be construed to alter the time period provided by statute for the children’s division to complete a hotline report.

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