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Rule 127.09 – Release From Detention Upon Change of Circumstances

May 13, 2021 | Family Law, Missouri

a. A juvenile in a detention facility pursuant to court order may be released upon a determination by the court that a change of circumstances makes continued detention unnecessary.
b. A written request for release of a juvenile from detention shall set forth the changed circumstances warranting the juvenile’s release from detention and may be filed by the juvenile, the juvenile’s parents, guardian or custodian, or the juvenile officer.
c. The court may grant or deny the request for release from detention 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 or counsel for the juvenile, the juvenile’s parents, guardian or custodian or counsel for the juvenile’s parents, guardian or custodian, and the juvenile officer.
d. At the hearing, upon receiving evidence, the court may grant the request and release the juvenile from detention to the juvenile’s parent, guardian or custodian or other suitable person or deny the request and remand the juvenile to the detention facility.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.09

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

Comment

This Rule 127.09 recognizes that the circumstances originally justifying detention may change so that a juvenile can be released. The rule provides a mechanism for calling to the attention of the court such change of circumstances.

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