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Rule 127.08 – Detention Hearing

May 13, 2021 | Family Law, Missouri

a. The detention hearing may be held on the record. The procedure to be followed at the hearing shall be determined by the court and may be as formal or informal as the court considers appropriate, consistent with constitutional and statutory requirements.
b. The court shall first inform the juvenile of the juvenile’s right to counsel, including the right to appointed counsel under Rule 115.02. If the juvenile does not waive the right to counsel, the court may continue the detention hearing to enable the juvenile to retain counsel or seek appointed counsel.
c. The court shall thereafter inform the juvenile’s parents, guardian or custodian of their right to counsel and, if the right to counsel is not waived, may continue the detention hearing to enable the juvenile’s parents, guardian or custodian to consult counsel.
d. The court shall receive evidence relevant to the necessity for detention of the juvenile. Any written reports or social records to be offered to the court at the detention hearing shall be made available to all parties at or prior to the hearing.
e. The juvenile shall not be detained unless the court finds detention is required:

(1) to protect the juvenile; or
(2) to protect the person or property of others; or
(3) because the juvenile may flee or be removed from the jurisdiction of the court; or
(4) because the juvenile has no parent, guardian or custodian or other suitable person able or willing to provide care and supervision for the juvenile and return the juvenile to court when required; or
(5) because the juvenile is a fugitive from another jurisdiction and an official of that jurisdiction has requested the juvenile be detained pending return to that jurisdiction.
f. At the conclusion of the detention hearing, the court shall:

(1) order the juvenile released pursuant to Rule 127.02; or
(2) order the juvenile detained.
g. If the court orders the juvenile detained, the court shall review the order of detention every 30 days thereafter until entry of a final order of disposition.
h. If the court orders the juvenile detained, the court shall conduct the adjudication hearing on the petition or motion to modify under Rule 128.02 at the earliest possible date.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.08

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

Comment

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:

(1) 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; and

(2) no later than 60 days from the date of the removal of the juvenile from the home 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.

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Cross reference: Section 211.141, RSMo. .