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Rule 129.04 – Dismissal Hearing

May 13, 2021 | Family Law, Missouri

a. If, after a hearing has been ordered under Rule 129.01, the court determines the juvenile is not represented by counsel, the court shall appoint counsel for the juvenile.
b. At the hearing, which shall be held on the record, the court shall receive evidence on whether the juvenile is a proper subject to be dealt with under the juvenile code. The juvenile officer who prepared the report of the investigation required under Rule 129.03 may be examined by counsel. All parties shall be afforded the opportunity to testify, present evidence, cross-examine witnesses, and present arguments of law and fact and arguments concerning the weight, credibility and effect of the evidence.
c. In reaching its decision, the court shall consider all evidence relevant to whether the juvenile is a proper subject to be dealt with under the juvenile code, including, but not limited to, the factors set forth in section 211.071.6, RSMo.
d. If the court finds the juvenile is not a proper subject to be dealt with under the juvenile code, the court shall order the petition dismissed to permit the juvenile to be prosecuted under general law and shall include in its order the reasons for its decision. A copy of the petition and order of dismissal shall be sent to the prosecuting attorney.
e. If the court finds the juvenile is a proper subject to be dealt with under the juvenile code, the court shall set a date for the hearing on the petition in accordance with Rule 128.02.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 129.04

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

Comment

Rule 129.04 c does not require or permit a full hearing into the facts of the alleged offense.

Rule 129.04 d follows Kent v. United States, 383 U.S. 541 (1966), and State ex rel. T.J.H. v. Bills, 504 S.W.2d 76 (Mo. banc 1974), both of which mandate that the court state its reasons for dismissing a petition to permit a juvenile to be prosecuted under general law.

See State ex rel. St. Louis Post-Dispatch, LLC v. Garvey, 179 S.W.3d 899 (Mo banc 2005), with respect to access of the public to a hearing ordered under Rule 129.01.

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