More Categories

Rule 127.07 – Court Action Upon Notice That Juvenile Is Detained

May 13, 2021 | Family Law, Missouri

a. An order for detention shall be entered only upon:

(1) the filing of a petition or motion to modify, and
(2) a determination by the court that probable cause exists to believe that:

(A) the juvenile’s acts alleged in the petition or motion to modify bring the juvenile within the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo; and
(B) the conditions requiring judicial custody continue to exist.
b. When the court is presented with a request that a juvenile be detained, it shall examine the reasons therefor and immediately:

(1) determine and make a finding on whether continuation of the juvenile in the home is contrary to the welfare of the juvenile; and
(2) determine and make a finding on whether reasonable efforts were made, or deemed to have been made, to prevent or eliminate the need for removal of the juvenile from the home; and
(3) either:

(A) order the juvenile released pursuant to Rule 127.02; or
(B) order the juvenile detained until a detention hearing is held pursuant to Rule 127.08.
c. A juvenile alleged to be within the jurisdiction of the court under subdivision (2) of subsection 1 of section 211.031, RSMo, shall not be held in secure detention for that allegation for a period greater than 24 hours, excluding Saturdays, Sundays and legal holidays, absent a finding, after a probable cause hearing held within such 24 hour period, that the juvenile has violated a court order with specific conditions for the juvenile’s behavior and consequences for violation of such conditions, and that the juvenile has a record of:

(1) willful failure to appear at court proceedings; or
(2) violent conduct resulting in physical injury to self or others; or
(3) leaving a court-ordered placement, other than secure detention, without permission.
d. If the court orders a juvenile detained, the court shall hold a detention hearing pursuant to Rule 127.08, except for good cause, within three days, excluding Saturdays, Sundays and legal holidays, of the date the juvenile was taken into judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo.
e. The detention hearing shall be held within the judicial circuit and at a date, time and place convenient to the court.
f. Notice of the date, time and place of the detention hearing shall be given to the juvenile and the juvenile’s parents, guardian or custodian in person, by telephone, or by such other expeditious method as is available.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.07

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

Comment

Rule 127.07 c shall not apply to a juvenile who is under the jurisdiction of the court pursuant to, or is currently charged with a violation under, subdivision (3) of subsection 1 of section 211.031, RSMo.

The probable cause determination required of the court under Rule 127.07 a(2) is distinct from, and in addition to, the probable cause hearing required by Rule 127.07 c.

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. This Rule 127.07 b recognizes that, if the juvenile was not taken into judicial custody pursuant to an order of court under Rule 127.01(a)(1), the court must make this determination in the order for detention.

.

Cross-reference: Section 211.063, RSMo. .