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Rule 124.03 – Presence and Exclusion of Juvenile and Juvenile’s Parents, Guardian or Custodian

May 13, 2021 | Family Law, Missouri

a. Except as provided in this Rule 124.03, in any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the juvenile and the juvenile’s parents, guardian or custodian shall have the right to be present at all times during any hearing.
b. The court may commence a hearing without the presence of the juvenile or the juvenile’s parents, guardian or custodian if, after proper service or notice, the juvenile or the juvenile’s parents, guardian or custodian fail to appear.
c. The court may, in its discretion, exclude the juvenile from any part of a hearing where exclusion will serve the best interests of the juvenile.
d. In determining whether to proceed without the presence of the juvenile, the court shall consider, among other things, the age and emotional maturity of the juvenile, the nature of the evidence that may be presented, and whether the juvenile’s guardian ad litem will waive the presence of the juvenile.
e. Except as otherwise provided by law, the court may exclude the juvenile’s parents, guardian or custodian from any part of a hearing for good cause, exceptional circumstances, or where exclusion will serve the best interests of the juvenile.
f. In determining whether to proceed without the presence of the juvenile’s parents, guardian or custodian, the court shall consider, among other things, the relationship between the juvenile and the juvenile’s parents, guardian or custodian and any request for exclusion of the juvenile’s parents, guardian or custodian by the juvenile’s guardian ad litem.
g. This Rule 124.03 shall not restrict the power of the court to exclude any unruly or disruptive person from a hearing where exclusion is necessary to the orderly conduct of the hearing.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 124.03

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

Comment

Section 211.171.2, RSMo, provides: “The hearing may, in the discretion of the court, proceed in the absence of the child and may be adjourned from time to time.”

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