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Rule 123.07 – Preliminary Child Welfare Proceeding

May 13, 2021 | Family Law, Missouri

a. When the juvenile in whose interest a petition is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, remains in the custody of the juvenile’s parent, guardian or custodian or is released from judicial custody, the court shall, within three days, excluding Saturdays, Sundays and legal holidays, of the date of filing of the petition, enter appropriate orders, including on the following issues:

(1) whether the children’s division shall be made a party to the proceeding;
(2) whether a guardian ad litem has been appointed for the juvenile;
(3) whether a court appointed special advocate should be appointed for the juvenile;
(4) whether a parent, guardian or custodian requires a guardian ad litem because of age or mental status;
(5) whether the paternity of the juvenile has been previously established;
(6) whether to order temporary protective custody of the juvenile and schedule a protective custody hearing pursuant to Rule 123.05 or, in the absence of an order for temporary protective custody, schedule a protective custody hearing pursuant to Rule 123.05 or a hearing on the petition pursuant to Rule 124.06; and
(7) the date on which all parties shall appear before the court.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.07

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

Comment

Section 211.032.3, RSMo, provides: “A proceeding must be held within three business days of a petition being filed in all cases under subdivision (1) of subsection 1 of section 211.031.” If the juvenile who is the subject of the petition remains in the custody of his or her parent, guardian or custodian or is released from judicial custody pursuant to Rule 123.02 c or Rule 123.04 b(3)(A), the required “proceeding” may be merely an in camera meeting between the judicial officer and juvenile officer to address the identified preliminary issues.

The time periods prescribed in Rule 124.01 a do not apply when the juvenile in whose interest a petition is filed under subdivision (1) of subsection 1 of section 211.031, RSMo, remains in the custody of the juvenile’s parent, guardian or custodian or is released from judicial custody to the custody of the juvenile’s parent, guardian or custodian.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile. Therefore, the court must make this determination if temporary protective custody of the juvenile is ordered under Rule 123.07 a(6).

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