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Rule 118.01 – Social Study

May 13, 2021 | Family Law, Missouri

a. In any proceeding under subsection 1 of section 211.031, RSMo, the court, on its own motion or on the motion of any party, may order a social study, which shall include an investigation and evaluation of the habits, surroundings, conditions and tendencies of the juvenile and the juvenile’s parents, guardian or custodian.
b. The social study shall be made by the juvenile officer or such other person the court designates.
c. The order shall specify the date on which the social study shall be completed for submission to the court.
d. The court may at any time order that a supplemental social study be made.
e. The social study and any supplements thereto may be made available to all parties and shall be made available to counsel, the guardian ad litem and any court appointed special advocate.
f. The social study shall not be considered by the court prior to a determination that the allegations of the petition or motion to modify have been established.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 118.01

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

Comment

This Rule 118.01 makes clear that the court may use the social study only in connection with the dispositional hearing, and may neither read nor consider the social study until finding that the allegations of the petition or motion to modify have been established.

This Rule 118.01 in no way alters the obligation of the children’s division under section 207.020.1(17), RSMo, which requires the children’s division, prior to being vested with legal custody of a juvenile, to conduct an evaluation of the juvenile, investigate the background of the juvenile, and submit to the court a written report of its findings.

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Cross-reference: Sections 211.081, 211.171, RSMo.