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Rule 117.01 – Physical and Mental Examination of Juvenile

May 13, 2021 | Family Law, Missouri

a. At any time after a petition or motion to modify has been filed under subsection 1 of section 211.031, RSMo, the court may order the juvenile in whose interest the petition or motion to modify has been filed to be examined by a physician, psychiatrist or psychologist appointed by the court to aid the court in determining:

(1) any allegation in the petition or motion to modify relating to the juvenile’s mental health or physical condition;
(2) the juvenile’s competence to participate in the proceedings;
(3) whether the juvenile is a proper subject to be dealt with by the court; or
(4) any other matter relating to the hearing on the petition or motion to modify or the proper disposition or treatment of the juvenile.
b. The services of a public or private hospital, institution, or psychiatric or health clinic may be used to perform an examination ordered under this Rule 117.01.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 117.01

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

Comment

This Rule 117.01 empowers the court to order a physical or mental examination of the juvenile in whose interest a petition or motion to modify has been filed under subsection 1 of section 211.031.1, RSMo. However, the court may order the examination only after a petition or motion to modify has been filed.

A physical or mental examination of the juvenile made prior to the hearing on the petition or motion to modify may aid the court in determining, among other issues, whether the juvenile has been subjected to neglect or abuse or whether the juvenile is mentally responsible for his or her actions or in a fit condition to proceed. Additionally, if the court determines that the juvenile is within its jurisdiction, the examination may aid the court in deciding the proper disposition or treatment of the juvenile.

Where the petition or motion to modify alleges a violation of state law or of a municipal ordinance and an examination under this Rule 117.01 is conducted prior to the hearing on the petition or motion to modify, the right of the juvenile not to incriminate himself or herself shall remain inviolate.

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Cross-reference: Section 552.020.11, RSMo. .