Appendix B – Revised Missouri Standards for the Administration of Juvenile Justice

May 13, 2021 | Family Law, Missouri

Ahead are the eight general performance areas recommended by the Missouri Standards for the Administration of Juvenile Justice Committee. A brief summary of the rationale behind each performance area, the performance indicators for the standard, and recommended methods for measuring the standard are included.

I. Access to Juvenile Justice Services

Every effort should be made to create opportunities for effective and meaningful participation in the justice process without undue inconvenience or hardship.

A. Availability of services

A means through which designated personnel may be contacted seven days a week, 24 hours a day, should be established.

B. Equal access

1. Disabled persons should be provided access to parking, facility entrances, offices, waiting rooms, interview areas, and other areas in which juvenile office business is conducted.
2. Interpreters should be made available for persons who are hard of hearing, speech-impaired, visually impaired, whose primary language is other than English, and/or who are unable to read.
C. Courtesy, respect, and sensitivity

Personnel should be courteous and responsive to the public and afford respect to all with whom they come in contact.

Sensitivity should be demonstrated toward all persons from different cultures, ethnic groups, and alternative lifestyles.

Performance indicators

Users perceive the juvenile office as accessible and culturally sensitive.

Satisfactory level of participation by participants (witnesses, victims).

Staff perceive juvenile office as accessible and culturally sensitive.

Low number of complaints received by the juvenile office related to inaccessibility and cultural insensitivity.

Potential measurement methods

Systematic observations using trained observers.

Surveys of users and staff.

Focus groups of users and staff.

Structured interviews with users and staff.

Review of written and verbal complaints received.

The juvenile office is a public institution designed to dispense justice and provide services to the children and families that appear before it. Accessibility is vital to public trust and confidence. When the juvenile justice system is accessible, victims, witnesses, and families required to participate in it are more willing to take an active role. “Participants” in child abuse and neglect is a term broader than just victims and witnesses and includes parents, foster parents, child service agency representatives, treatment providers, and others. Juvenile justice proceedings seem less remote and confusing to the public. This standard also seeks to ensure that there are effective avenues of participation for persons of all races, colors and creeds, and for those who are disabled and with alternative lifestyles.

Missouri juvenile justice agencies must operate under certain perimeters as a result of Missouri statutes and Supreme Court rules governing confidentiality. Some official proceedings are still of a non-public nature.

II. Independence and Integrity

Institutional independence and integrity are of paramount importance. Juvenile justice professionals should be free from undue influence from other components of government or other entities.

A. Juvenile office recommendations should be based on legally relevant factors. Individual attention should be given to each child’s case.
B. Clarity is a prerequisite for both compliance and monitoring. All documents prepared by the juvenile office should be clearly worded and easily understood by all parties.
C. Personnel are responsible for monitoring and enforcing court dispositions and orders.

Performance indicators

Effective monitoring and enforcement of orders.

Perception of the fairness of recommendations by families, parties, and other community members.

Consistency in decisions across like cases.

Potential measurement methods

Surveys of families, staff, and other community members.

Record reviews (reflecting court order follow-through).

Record reviews (reflecting case outcomes).

Focus groups with families, staff, and other community members.

Structured interviews with families, staff, and other community members.

With this standard, a clear and unequivocal statement is made regarding responsibility for decisions and actions.

This standard reflects the ideal of justice in two ways: through making a statement in regard to independence from undue influence and by affirming that legally relevant factors shall serve as the basis for recommendations made. It further emphasizes the importance of issuing decisions that are enforceable and ensuring that orders are enforced.

III. Timeliness and Responsiveness

Policies should be in place to ensure that case processing and other juvenile office practices are conducted in a timely manner. Compliance with time standards encouraging efficiency and responsiveness should be established and monitored.

A. Referrals from other courts or entities, and requests for courtesy supervision

Upon receipt, requests for court services from other courts and entities should be date-stamped “received” and responded to within five business days of receipt.

1. Requests for information or services from other courts, agencies, families, and members of the public will be responded to in a timely manner and in accordance with statutory provisions of confidentiality.
2. Any written non-emergency referrals and other requests for services should be date stamped “received” and acknowledged within five business days of receipt.
B. Requests for information or services

Requests for information from courts, other agencies, families, and members of the public will be responded to in a timely manner.

C. Timely monitoring and enforcement of court orders

All court orders should be monitored for compliance.

Performance indicators

Efficient case processing.

Reduced case backlog.

Users perceive actions as timely and responsive.

Potential measurement methods

Surveys of users and staff.

Focus groups with users and staff.

Structured interviews with users and staff.

Review of case files.

This standard is important because it reflects commitment to good business practices. More importantly, it reflects a commitment to public safety and protection of children, fairness, and due process. Delays in actions can have serious ramifications for the children and families that are served, for victims, and for the general community.

IV. Records

A. Juvenile file

For each child referred to the juvenile office, accurate, complete, and up-to-date records should be kept. The information should be both relevant and necessary to a proper purpose. Reasonable safeguards should be established to protect against the misuse, misinterpretation, and improper dissemination of file information.

B. Maintenance of records

Juvenile records are generally confidential. Access to and destruction of juvenile records is controlled by section 211.321, RSMo.

Performance indicators

File information is reliable, accurate, and relevant.

Potential measurement methods

Review of case files.

Surveys of file users.

A standard describing proper procedure for maintaining records underscores the importance of documenting juvenile justice processes.

V. Victim and Family Rights

Victims should be recognized as persons with a legitimate interest in the justice system. The child’s family members should be recognized as persons with a legitimate interest in the justice system and the welfare of the child. Juvenile justice professionals should treat family members with dignity and respect while focusing on the safety and well being of the child.

Performance indicators

Satisfactory level of family and victim participation in juvenile justice processes.

Families perceive juvenile office staff as respectful of their rights and responsive to their child’s needs.

Victims perceive juvenile office staff as responsive and respectful of their rights.

Victim advocates perceive juvenile office staff as respectful toward victim rights and responsive to victims.

Families and child advocates perceive juvenile office staff as respectful toward family rights and responsive to children and families.

Potential measurement methods

Systematic observations using trained observers.

Survey of family members and family advocates.

Record reviews (regarding victim participation).

Focus groups with family members and family advocates.

Focus groups with victim and victim advocates.

Structured interviews with family members and advocates.

Structured interviews with victims, family members, and advocates.

Number of contacts made with victims. Number of contacts responded to by victims.

The victim and family rights standard addresses the role of the victim in the juvenile justice process and reflects themes of restorative justice. This standard explicitly recognizes that the victim has an important role in the justice process and a stake in its outcomes. It ensures that victims are not marginalized and that their input is valued and can help inform recommendations.

The standard explicitly recognizes that the family is valued and has an important role in the juvenile and family court process.

VI. Case Processing

Court referral and intake services should be available seven days a week, twenty-four hours a day.

A. Referral and intake

1. Legal sufficiency

A referral of delinquency or child abuse and neglect shall be date-stamped “received.” If information is received verbally, it shall be reduced to writing as soon as possible.

a. The intake officer should make an initial and prompt determination of whether the referral is legally sufficient for the filing of a petition on the basis of the contents of the referral and intake investigation. In this regard, the officer should determine whether:

i. The facts as alleged are legally sufficient to establish the court’s jurisdiction over the child;
ii. There is a clear statement of the acts alleged;
iii. There is competent and credible evidence sufficient to support the filing of a petition; and
iv. All acts arising out of one referral are included in one petition.
b. If the legal sufficiency of the referral is unclear, the officer should:

i. Cause or initiate further investigation; or
ii. Consult with legal counsel.
c. If the officer determines that the facts as alleged are not sufficient to establish the court’s jurisdiction, the officer should dismiss/reject the referral or, where appropriate, forward the referral to the appropriate authority.
d. The intake disposition of the referral should be made within 30 calendar days from the date stamped “received”.
2. Notice to parties Every effort should be made to ensure that all parties are provided with timely notice of proceedings.

a.Informal adjustment – Notice of informal adjustment shall be given to parties, as required by Rule 112.02.
b.Summons and service of petitions and other pleadings – Notice shall be given to parties, as required by Rules 114.01 to 114.05.
3. Informal case processing

Review of prior referrals to the juvenile office and past involvement with the child welfare agency, along with a determination of the safety of the child, should be used as a guideline for arriving at the decision to dispose of a referral through the informal process.

a. Upon a decision to make an informal adjustment, the Supreme Court rules that govern the informal adjustment process shall guide the informal case processing of all cases.
b. The informal adjustment disposition should be made on or within 30 calendar days from intake disposition.
c. During the informal adjustment conference and after the allegations are found sufficient, the officer shall conduct a risk and needs assessment and classification of the child in all delinquency cases.
d. In delinquency cases, as a result of the informal adjustment and classification of the child, the officer should determine what disposition (sanctions/services) is in the best interest of the child and community.
e. In child abuse and neglect cases, as a result of the informal adjustment, the officer should determine what disposition and services are in the best interest of the child and family.
f. Within five business days of determining a disposition, the disposition, results of any risk and needs assessment completed, and services and sanction(s) utilized shall be reported to the court and the office of state courts administrator (OSCA) using a standardized form (sections 211.141 and 211.327, RSMo).
g. The juvenile officer or the juvenile officer’s designee should conduct the informal adjustment conference. The juvenile officer or designee has authority to provide for any disposition available. Any services available to the court should be available at the informal adjustment conference.
h. In delinquency cases, an agreement should be signed signifying the child and custodian(s) accept the terms of the informal adjustment. This agreement should be maintained in the child’s file, and a copy of the agreement should be provided to the child and custodian(s) upon signing.
i. In child abuse/neglect cases, an agreement or children’s division safety plan should be signed signifying that the child’s parent, guardian, or legal custodian, the children’s division worker (if appropriate), and the juvenile officer accept the terms of the informal adjustment conference. This agreement should be maintained in the child’s file, and a copy of the agreement should be provided to the parent, guardian, or legal custodian and, when applicable, the children’s division worker.
4. Formal case processing

a. Upon a decision to authorize temporary protective custody or detention, Supreme Court rules should be strictly adhered to (Rules 123 and 127 ).
b. Upon a decision to file a petition, the Supreme Court rules that govern formal case processing should be strictly adhered to (Rules 113.01 to 113.03 ).
c. During formal case processing in delinquency cases, the officer shall conduct a risk assessment and classification of the child (section 211.121, RSMo) pursuant to the Missouri Juvenile Offender Risk & Needs Assessment Classification System.
d. Every effort should be made to ensure that all necessary persons are provided with timely notice of proceedings, as required by statutes and Supreme Court rules.
e. In delinquency cases, within five business days of the court entering a disposition, the disposition, results of the risk assessment, needs assessment, and the sanction(s)/service(s) utilized shall be reported to the court and the office of state courts administrator using a standardized form (sections 211.141 and 211.327, RSMo).

Performance indicators

Consistent case recommendations across like cases.

Efficient use of services.

Identified areas of service needs are met.

Identified time standards are being met.

Potential measurement methods

Review/comparison of case recommendations across like cases.

Surveys of service providers (regarding appropriateness of referrals).

Review of case outcomes across like cases.

Surveys/structured interviews with child and parents/guardians.

Review of case files.

Review of management report.

The case processing standards offer a best practice model from the point at which a referral is received until a case is closed. These standards were created to foster consistency in case-processing and to ensure that practices are just and equitable and that actions are timely.

Use of the Missouri Juvenile Offender Risk & Needs Assessment and Classification System is not applicable to child abuse and neglect cases.

VII. Dispositions

A. Supervision procedures

1. Duration

a.Informal adjustment with supervision – Informal adjustment with supervision cannot exceed a period of six months, unless extended by court order. Informal adjustment may not continue beyond a period of one year (Rule 112.04 ).
b.Court adjudication/supervision of delinquency cases – The duration of formal supervision should be based on the child’s risk and needs levels and adjustment under supervision.
2. Contact standards – delinquency cases

Written guidelines should be in place pertaining to the frequency and nature of contacts that should be made with the child during the period of supervision. These guidelines should take into account public safety and be based upon the Missouri risk scale and the severity of the presenting offense. Contact standards should be graduated and may increase or decrease during the period of supervision. The decision to adjust the level should be based on receipt of new referrals, violations of supervision, compliance with treatment service(s), and risk level changes. Recommended minimums for contact standards are provided below.

a.Informal adjustment with supervision – Informal adjustment may or may not include supervision. Informal adjustment with supervision should include a minimum of one face-to-face contact per month with the child or his or her custodian for the duration of the informal adjustment period.
b.Formal supervision – The frequency and type of contact should correspond to the supervision level.

i. High level supervision should include a minimum of four face-to-face contacts monthly with the child at the juvenile office, child’s home, school, or other community setting, one of which includes a parent or custodian, supplemented by collateral contacts as needed.
ii. Moderate level supervision should include a minimum of two face-to-face contacts monthly with the child at the juvenile office, child’s home, school, or other community setting, one of which includes a parent or custodian, supplemented by collateral contacts as needed.
iii. Minimum level supervision should include a minimum of one face-to-face contact monthly with the child, which should include a parent or custodian, supplemented by collateral contacts as needed.
c.Treatment contacts – Written guidelines should be in place pertaining to the frequency and nature of contacts that should be made with the child’s treatment providers during the period of supervision.
3. Upon termination of the informal case process, the juvenile officer shall notify the child’s parent, guardian or legal custodian and, if applicable, the children’s division, and report such action to the court.
B. Case monitoring

All sanctions, services and dispositions should be monitored in all cases to ensure compliance.

1. Progress reports in delinquency cases

The juvenile officer should complete progress reports at a minimum of every three months. Progress reports should address compliance with conditions of supervision, services received, new referrals to the court, and changes in risk level.

The progress report should be submitted to the court for formal cases and maintained in the child’s file for all cases. Notification of progress or lack of it should be provided to the child and parent or guardian.

2. Documentation of results

The results of monitoring and outcome(s) should be documented when the case is terminated. This documentation should be maintained in the child’s file.

C. Formal case processing in child abuse/neglect cases

1. The juvenile officer should provide on-going case monitoring to assure that each child’s case moves through the dispositional review hearing, permanency hearing, permanency review hearing, and, when applicable, termination of parental rights hearing, as required by statute and Supreme Court rules.
2. The juvenile officer is responsible for formal case processing and case monitoring activities that may include, but not be limited to:

a. Preparation and filing of pleadings (e.g., motions for visitation, child support, or establishment of paternity);
b. Ensuring the issuance of notices, summons, or subpoenas;
c. Review of all written reports received from the children’s division and others (e.g., medical, law enforcement, therapists, school, other treatment providers);
d. Preparation and presentation in court, including preparation of witnesses, presenting evidence, and making recommendations;
e. Preparation of memoranda and drafts of court orders;
f. Monitoring the case for compliance with court orders and initiating action necessary to ensure compliance; and
g. The juvenile officer should participate in the children’s division family support team (FST) meetings.
D. Case closing

1. Informal adjustment

Informal adjustment should be terminated as required by Rule 112.04.

2. Court supervision

Formal supervision should be terminated as required by Rule 119.03.

3. Exit interview

For both formal and informal cases, an exit interview should be conducted with the child and child’s parent or guardian to:

a) notify them of the recommendation to discharge; b) review services provided; and c) receive comments and recommendations. A copy of the results of the exit interview should be placed in the child’s file.
E. Specific services

Offense, gender, and cultural-specific services or programs should be utilized.

Performance indicators

Reduced recidivism.

Reduced reports of child maltreatment.

Reduced length of time children remain in alternative care.

Consistent case decisions/recommendations across like cases.

Identified areas of service needs are met.

Reduced delays in case processing.

Potential measurement methods.

Analysis of referrals, numbers, and types.

Review/comparison of case decisions/recommendations across like cases.

Surveys/structured interviews with children, parents/guardians, care providers, victims, and legal representatives, as appropriate.

The disposition standard for delinquency cases puts forth a best practice standard concerned with issues of public safety and the importance of utilizing the least restrictive intervention for the child. Adherence to the supervision level described in this standard is intended to ensure that communities are safer from offenders while habilitation efforts are administered to decrease the likelihood of delinquent behavior by the child.

The disposition standard for child abuse and neglect cases puts forth a best practice standard concerned with issues of child safety, well-being, and timely permanency decision-making, whether through the informal or formal case process.

VIII. Detention Facilities and Services

Procedures for use of detention facilities and polices governing the treatment and rights of detained youth shall be in compliance with Rules 127.01 to 127.11. A sufficiently wide range of detention services should be available so that the least restrictive interim option appropriate to the child’s needs and community safety may be selected. When a detention facility has bedspace available, every effort should be made to accommodate youth regardless of that youth’s county of residence or the court having jurisdiction.

Performance indicators

Enhanced availability of detention facilities and services.

Increased community safety.

Public awareness of availability of detention facilities/services.

Potential measurement methods.

Record review (relevant to decisions to hold and availability of resources).

Analysis of pre-disposition recidivism.

Surveys of local citizens.

This standard was created to ensure that there are sufficient resources available to detain youth that present a significant risk and that detention resources are used judiciously. The standard encourages resource sharing among circuits that have detention facilities and services and promotes development and use of less restrictive options when appropriate.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 129 app B

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

Cross-reference: Missouri Revised Statutes Section 211.141, RSMo, “Child Returned to Parent…” Supreme Court Rule Rule 127.09, “Release from Detention…” Missouri Juvenile Justice Association Detention Standards Section 2, “Administration”, Item 2.13 Section 6, “Intake and Admissions”, Items 6.2 and 6.3 Section 8, “Communication Provisions”, Item 8.7 Section 10, “Juvenile Records”, Items 10.2 and 10.4 Section 14, “Medical Services”, Item 14.16 .