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Rule 127.05 – Notice Upon Admission to Detention Facility

May 13, 2021 | Family Law, Missouri

a. When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is admitted to a detention facility, the juvenile officer or person in charge of the detention facility shall immediately advise the juvenile both orally and in writing of:

(1) the reasons for the juvenile’s detention;
(2) the juvenile’s right to remain silent;
(3) the juvenile’s right to counsel, including the right to appointed counsel under Rule 115.02;
(4) the juvenile’s right to a detention hearing under Rules 127.07 and 127.08; and
(5) the juvenile’s rights during secure detention under Rule 127.10.
b. As soon as practicable, the juvenile officer or person in charge of the detention facility shall notify the juvenile’s parents, guardian or custodian in person, by telephone or otherwise of the juvenile’s admission to the detention facility and the reasons for the juvenile’s detention.
c. As soon as practicable, the juvenile officer or person in charge of the detention facility shall provide written notice in person or by mail to the juvenile’s parents, guardian or custodian of the juvenile’s right to remain silent, right to counsel, right to a detention hearing, and rights during secure detention.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.05

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

Comment

There is no minimum age for admission of a juvenile to a detention facility, but the juvenile officer and the court should consider the appropriateness of placement of a juvenile in a detention facility within the context of the options available under section 211.151, RSMo.

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