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Rule 112.03 – Initial Informal Adjustment Conference

May 13, 2021 | Family Law, Missouri

a. If the juvenile and the juvenile’s parents, guardian or custodian appear at the initial informal adjustment conference without counsel, the juvenile officer shall inform them at the commencement of the conference of the right to counsel under Rule 115.01 and the right of the juvenile to remain silent. If the juvenile or the juvenile’s parents, guardian or custodian requests to be represented by counsel, the juvenile officer shall adjourn the informal adjustment conference to afford an opportunity to consult counsel.
b. The juvenile officer shall inform the juvenile and the juvenile’s parents, guardian or custodian at the initial informal adjustment conference that:

(1) the juvenile officer has received information concerning the juvenile that appears to establish the jurisdiction of the court under subsection 1 of section 211.031, RSMo;
(2) the juvenile officer will discuss with them during the informal adjustment process:

(A) recommendations for action or conduct in the interest of the juvenile to correct the behavior or environment that exists;
(B) the need for continuing conferences and contacts with the juvenile officer or other authorized persons; and
(C) the juvenile’s general behavior, the juvenile’s home and school environment, and other facts bearing upon the informal adjustment process;
(3) no petition will be filed during the informal adjustment process;
(4) the informal adjustment process is voluntary, and the juvenile and the juvenile’s parents, guardian or custodian may withdraw their participation at any time;
(5) if the juvenile or the juvenile’s parents, guardian or custodian at any time denies that the court has jurisdiction under subsection 1 of section 211.031, RSMo, or at any time requests the facts be determined by the court at an evidentiary hearing, the juvenile officer will terminate the informal adjustment process; and
(6) the juvenile officer may at any time terminate the informal adjustment process. In doing so, the juvenile officer may either dismiss the juvenile without further proceedings or file a petition in the interest of the juvenile under subsection 1 of section 211.031, RSMo.
c. Subsequent informal adjustment conferences may be scheduled by the juvenile officer at any time and from time to time during the informal adjustment process.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 112.03

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

Comment

Section 211.081, RSMo, provides that a court may “make such informal adjustment as practicable.” However, the juvenile code does not describe how an informal adjustment is to be accomplished.

Rule 112.03 b is advisory and intended merely as a guideline for conducting the initial informal adjustment conference. Modification of the procedures in Rule 112.03 b to meet differing circumstances is permitted.

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