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Rule 124.04 – Continuances

May 13, 2021 | Family Law, Missouri

a. Except for a protective custody hearing held pursuant to Rule 123.05, the court may, on its own motion or the motion of any party, continue any hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo:

(1) within the time frames in Rule 124.01, only for good cause shown; or
(2) outside the time frames in Rule 124.01, only for compelling extenuating circumstances.

Any such continuance shall be supported by written findings in the record detailing the compelling extenuating circumstances justifying the continuance.

b. Any continuance granted under this Rule 124.04 shall be to a fixed date and time but, in the absence of the consent of all parties, not beyond 30 days.
c. An application for continuance under this Rule 124.04 shall be made by written motion accompanied by the affidavit of the applicant or some other credible person setting forth the facts upon which the application is based unless all parties consent that the application for continuance may be made orally.
d. An application for continuance under this Rule 124.04 filed by counsel within 30 days of a scheduled hearing shall certify that each party for whose benefit the continuance is requested has been consulted and is aware of the contents of the application and shall state each such party’s position with respect to the requested continuance.
e. If a party for whose benefit a continuance is requested cannot be consulted, counsel shall certify in the application for continuance the efforts made to consult with the party.
f. The clerk shall give notice in writing of the new date and time of the continued hearing to all parties, the guardian ad litem and any court appointed special advocate for the juvenile. The current foster parents, any pre-adoptive parent or relative currently providing care for the juvenile, shall also be provided with such notice.
g. Any continuance under this Rule 124.04 shall not relieve the court of the obligation to make timely findings on whether:

(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; or
(2) the children’s division has made reasonable efforts to finalize the permanency plan in effect for the juvenile.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 124.04

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

Comment

This Rule 124.04 is patterned after Rule 65.01, except that any continuance shall not only be to a fixed day but also to a fixed time, and after Rule 65.03, except that all parties, not just the adverse party, must consent to an oral application for continuance. Further, this Rule 124.04 specifically advises counsel that any application for continuance on behalf of a party who cannot be consulted must contain counsel’s efforts to consult with the party. The failure to make the specified reasonable efforts findings within the time frames required by Titles IV-B and IV-E of the Social Security Act may result in loss of federal funds not only for the care of a particular juvenile but also for the state’s child welfare programs. Therefore, even when a continuance is granted, the court remains obligated under the Adoption and Safe Families Act to make the finding required under Rule 124.04 g(1) no later than 60 days from the date of removal of the juvenile from the home and the finding required under Rule 124.04 g(2) within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter.

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Cross-reference: Section 211.171.7, RSMo. .