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Rule 128.03 – Dispositional Hearing

May 13, 2021 | Family Law, Missouri

a. A dispositional hearing in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, may be held separate from or immediately following an adjudication hearing held pursuant to Rule 128.02.
b. At such a dispositional hearing, the court shall receive evidence and, in accordance with the best interests of the juvenile, determine and make findings on the legal and physical custody of the juvenile and on the disposition to be imposed on the juvenile. The hearing shall be held on the record. The court may take judicial notice of the court’s file. The rules of evidence do not apply. All parties shall be afforded the opportunity to testify, present evidence, cross-examine witnesses, and present arguments of law and fact and arguments concerning the weight, credibility and effect of the evidence.
c. At such a dispositional hearing, the court shall admit any social study into evidence and additionally receive:

(1) the recommendations of the juvenile officer;
(2) evidence regarding the recommendations of the juvenile officer; and
(3) evidence as may be relevant to determining the appropriate disposition in the interest of the juvenile.
d. At such a dispositional hearing, the court:

(1) shall enter an order for the legal and physical custody of the juvenile;
(2) may, if the juvenile is released to the juvenile’s parent, guardian or custodian, terminate jurisdiction;
(3) shall order such disposition as is appropriate and provided by law; and
(4) shall schedule, if the juvenile is placed in the legal custody of the children’s division, a dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rule 124.01 b(1) and Rule 124.01 b(2) respectively.
e. At such a dispositional hearing, if the juvenile is placed in the legal custody of the children’s division, the court shall determine and make findings on whether:

(1) 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
(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 128.03

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

Comment

The purpose of the dispositional hearing is to determine:

(1) the legal and physical custody of the juvenile, and

(2) the services, treatment and placement necessary to facilitate the care, protection and discipline of the juvenile.

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.

This Rule 128.03 recognizes that the court must include in the dispositional order whichever of these determinations has not been previously made.

Additionally, for such juvenile to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination within 12 months of the date the juvenile is considered to have entered foster care and at least annually thereafter of the reasonable efforts of the children’s division to finalize the permanency plan that is in effect. Therefore, if a juvenile is placed in the legal custody of the children’s division under subdivision (2) of subsection 1 of section 211.031, RSMo, the court must hold an annual permanency hearing as provided in Rule 124.09.

When returning a juvenile from Missouri upon the filing of a petition by the juvenile’s home state, or placing a juvenile outside Missouri for supervision, in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the court and all parties must comply with the Interstate Compact on Juveniles. See section 210.570, RSMo.

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Cross-reference: Section 211.181, RSMo. .