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Rule 122.01 – Open Hearings

May 13, 2021 | Family Law, Missouri

a. Hearings conducted in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, and for termination of parental rights under sections 211.442 to 211.487, RSMo, initiated by the juvenile officer or children’s division shall be open to the public, except that the public shall be excluded from all such hearings during the testimony of any juvenile or victim. All such hearings shall be closed to the public when the parent has consented in writing to termination of his or her parental rights in conjunction with placement of the juvenile with a licensed child placing agency under subsection 6 of section 453.010, RSMo.
b. Hearings for adoption pursuant to Chapter 453, RSMo, shall not be open to the public.
c. Prior to, or any time after, commencement of a hearing under Rule 124.01 a or Rule 124.01 b, a party or the guardian ad litem may request that the hearing, or any portion thereof, be closed to the public, except that no such request may be made by the juvenile officer or children’s division.
d. The court shall hear argument by the parties and the guardian ad litem, but not evidence, on any request that a hearing, or any portion thereof, be closed to the public.
e. The court shall make written findings in the record detailing the specific reasons for closing a hearing, or any portion thereof, to the public.
f. The court shall close a hearing, or any portion thereof, to the public only if it finds that closure:

(1) is in the best interests of the juvenile;
(2) will protect the physical or emotional well-being of the juvenile or the safety of any other person;
(3) will promote the integrity of the fact-finding process; or
(4) will protect the privacy of the juvenile or a sibling, foster or adoptive parents, foster care institutions, or any other person or institution providing care for the juvenile.
g. The court, on its own motion or on motion of any party, may exclude any person or persons from a hearing, or any portion thereof, for good cause, exceptional circumstances, or where exclusion will serve the best interests of the juvenile.
h. The court shall make findings on the record detailing the specific reasons for excluding any person or persons from a hearing, or any portion thereof.
i. Closing a hearing or any portion thereof, or excluding any person or persons from a hearing, or any portion thereof, shall not prevent the court from holding the hearing or issuing a decision.
j. Any party entitled to summons shall have the right to attend all hearings to which the summons relates unless specifically excluded pursuant to Rule 122.01 g.
k. Any person entitled to notice pursuant to Rule 124.02 a shall have the right to attend all hearings to which the notice relates unless specifically excluded pursuant to Rule 122.01 g.
l. The public may not make audio or video recordings of a hearing, or any portion thereof, or photograph any party or witness during a hearing. m. Without prior specific authorization from the court, foster or adoptive parents, foster care institutions, and other persons and institutions providing care for the juvenile shall not:

(1) submit to audio or video recordings regarding the juvenile; or
(2) permit photographing or audio or videotaping of the juvenile by the public. Comment

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 122.01

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

Comment

Exclusion of the juvenile’s parents, guardian or custodian is governed, in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, by Rule 124.03 and, in a proceeding under subdivisions (2) and (3) of subsection 1 of section 211.031, RSMo, by Rule 128.01.

In determining whether to close a hearing under this Rule 122.01, the court may consider whether any member of the public may intentionally or inadvertently, but unnecessarily, disclose personal identifying information, such as the name, address, date of birth and telephone number, of the juvenile or a sibling, foster or adoptive parents, foster care institutions, or other persons and institutions providing care for the juvenile or a sibling.

Upon conclusion of a hearing in a proceeding governed by this Rule 122.01, the juvenile officer, attorney for the juvenile officer, children’s division, attorney for the children’s division, guardian ad litem or court appointed special advocate may provide, but is not limited to providing, the following information about the hearing:

(1) style of the case;

(2) nature of the case; e.g., abuse or neglect;

(3) hearing date;

(4) result or outcome of the hearing; e.g., juvenile returned to parents; and

(5) next hearing date.

Access of the public to hearings conducted in a proceeding under subdivision (3) of subsection 1 of section 211.031, RSMo, is governed by section 211.171.6, RSMo.

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Cross-reference: Sections 211.319.1, 211.319.2, RSMo. .