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Rule 129.02 – Notice of Hearing

May 13, 2021 | Family Law, Missouri

a. When a hearing is ordered under Rule 129.01, written notice of the date, time and place thereof shall be given to the juvenile and the juvenile’s parents, guardian or custodian in the same manner as provided for service of the petition under Rule 114.01 b.
b. A parent, guardian or custodian may waive service of the notice of hearing in accordance with Rule 114.03 a.
c. The notice of hearing shall contain a statement that the purpose of the hearing is to determine whether the juvenile is a proper subject to be dealt with under the juvenile code and shall advise the juvenile and the juvenile’s parents, guardian or custodian that, if the court finds the juvenile is not a proper subject to be dealt with under the juvenile code, the petition will be dismissed and the juvenile will be transferred to a court of general jurisdiction to be prosecuted under general law.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 129.02

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

Comment

A parent, guardian or custodian of the juvenile may waive his or her right to service of the notice of hearing but may not waive the right of the juvenile to such service.

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Cross-reference: Kent v. United States, 383 U.S. 541 (1966), and In re Gault, 387 U.S. 1 (1967). (Adopted May 20, 2009, eff. Jan. 1, 2010.)