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Rule 127.10 – Rights During Secure Detention

May 13, 2021 | Family Law, Missouri

a. When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile’s parents, guardian or custodian. Thereafter, the juvenile may telephone the juvenile’s parents, guardian or custodian only at reasonable intervals. The juvenile officer may establish rules regulating the time and frequency of such subsequent telephone calls.
b. When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile’s counsel. Thereafter, the juvenile may telephone the juvenile’s counsel at any reasonable time.
c. When a juvenile is admitted to a detention facility, the juvenile’s parents, guardian or custodian may make an initial visit at any time. Thereafter, the juvenile may be visited by the juvenile’s parents, guardian or custodian only during the visiting hours of the detention facility, which, unless otherwise ordered by the court, shall be scheduled on no fewer than three days per week. The juvenile officer may establish rules regulating visits to the juvenile by other persons.
d. When a juvenile is admitted to a detention facility, the juvenile’s counsel may make an initial visit at any time. Thereafter, the juvenile may be visited by the juvenile’s counsel at any reasonable time.
e. If a juvenile refuses to see the juvenile’s parents, guardian or custodian, no visits by the parents, guardian or custodian shall be allowed unless authorized by the court or the juvenile officer.
f. No person shall interrogate a juvenile in a detention facility concerning an alleged violation by the juvenile of a state law or municipal ordinance without the presence of the juvenile’s counsel unless counsel consents or counsel has been waived or has not been retained or appointed, or without the presence of the juvenile’s parent, guardian or custodian unless the presence of the juvenile’s parent, guardian or custodian has been waived.
g. Except for the juvenile’s parents, guardian or custodian, the juvenile’s counsel, and authorized personnel of the court, no person shall interview a juvenile in a detention facility without prior approval from the court or the juvenile officer.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.10

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

Comment

This Rule 127.10 sets forth the rights of a juvenile while the juvenile is in a detention facility. Since the purpose of secure detention is to safeguard the juvenile or others pending the hearing on the petition or motion to modify filed in the interest of the juvenile, this Rule 127.10 limits interviews and interrogations of the juvenile while the juvenile is detained.

When interviewing, or permitting an interview of, a juvenile in a detention facility, the juvenile officer must be cognizant of the distinction under Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354 (2004), between statements that are testimonial and statements that are non-testimonial.

This Rule 127.10 does not address or govern whether statements by a juvenile while detained are admissible against the juvenile in either a juvenile proceeding or adult criminal proceeding.

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