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Rule 119.03 – Modification of Judgment and Termination of Jurisdiction

May 13, 2021 | Family Law, Missouri

a. The court may terminate jurisdiction over a juvenile at any time on the court’s own motion.
b. The court may modify a judgment or order under which it has jurisdiction over a juvenile after a hearing on the record or by agreement of all parties.
c. Any party may at any time move the court in writing to modify a judgment or order or to terminate jurisdiction. The court may overrule such motion to modify a judgment or order or to terminate jurisdiction without a hearing or may, in its discretion, conduct a hearing and make any orders on the motion to modify the judgment or order or to terminate jurisdiction it deems proper.
d. Whenever a court modifies a judgment or order, a copy of the modified judgment or order and notice of entry of the modified judgment or order shall be served upon every party, as prescribed by Rule 119.01.
e. Whenever a court terminates jurisdiction, a copy of the court order and notice of entry of the court order terminating jurisdiction shall be served upon every party, as prescribed by Rule 119.01.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 119.03

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

Comment

This Rule 119.03 is not intended to suggest that a court without a hearing may modify a judgment or order so as to impose additional restraints upon the juvenile or upon the juvenile’s parents, guardian or custodian, to deprive the juvenile’s parents, guardian or custodian of custody of the juvenile, or to commit the juvenile to the division of youth services.

Whenever a motion to modify a judgment or order or to terminate jurisdiction is filed, the court shall ensure, prior to acting upon the motion, that all parties, the guardian ad litem and any court appointed special advocate receive a copy of the motion and are provided a reasonable opportunity to respond to the motion.

When terminating jurisdiction over a juvenile placed outside Missouri in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on the Placement of Children. See section 210.620, RSMo.

When returning a juvenile from Missouri upon the filing of a petition by the juvenile’s home state, or placing a juvenile outside Missouri for supervision, in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on Juveniles. See section 210.570, RSMo.

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