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Frequently Asked Questions
This section and the information provided herein is intended to provide general
information only and is not intended to be used for legal advice. Use of this
information does not create an attorney-client relationship and shall not be
construed as legal advice. The Missouri Juvenile Justice Association is not
responsible for the use or misuse of information set forth herein. While we
try to maintain accuracy, the user must realize that rules, statutes and cases
cause the law to be constantly changing and evolving. The Missouri Juvenile
Justice Association provides this information as a courtesy. Users are warned
to obtain the services of an attorney for any and all questions or issues, including
those questions or issues addressed in this material. Note: For more
information on specific statutes http://www.moga.mo.gov
General
Dilinquency/Status Offense
Child Abuse/Neglect
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What is the difference between the juvenile courts
and other courts?
The Juvenile Division of the Circuit Court, also known in some circuits as the
Family Court, has exclusive jurisdiction to hear certain kinds of cases including
abuse/neglect, status offenses, delinquency, adoptions and commitment of persons
under eighteen years of age to the guardianship of the Department of Social
Services.
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What is the purpose of Missouri’s Juvenile Code?
The purpose of Missouri’s Juvenile Code is to facilitate the care, protection
and discipline of children who come within the jurisdiction of the juvenile
court.
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Has Missouri adopted a public policy concerning children?
Yes. The child welfare policy of Missouri is what is in the best interests of
the child.
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Who is an adult under Missouri law?
For purposes of the juvenile code, an adult is a person seventeen years of age
or older while a child is someone under seventeen years of age. For other purposes,
the age at which a person becomes an adult can be different. For example, a
person becomes an adult for driving purposes as early as fifteen and one-half
years of age and as late as eighteen, depending upon the type of driver’s
license granted. For purposes of buying a long gun, a person must be eighteen,
while a person must be twenty-one to purchase a handgun. A person must be twenty-one
years of age to consume or possess alcoholic beverages. Thus, a person reaches
adulthood at different ages for different purposes.
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May the jurisdiction of the juvenile court ever be
extended past eighteen years of age?
Yes. Under certain circumstances, jurisdiction of the juvenile court may be
extended to twenty-one years of age.
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What is a delinquent act?
A delinquent act is an act which, if that same act were committed by an adult,
would constitute a crime. The juvenile court has jurisdiction over any person
who is under seventeen at the time the delinquent act is committed except that
the juvenile court does not have jurisdiction over non-felony traffic offenses
committed once the juvenile becomes fifteen and one-half years of age. In addition,
the juvenile court does not have exclusive jurisdiction over a juvenile who
is alleged to have violated either a municipal curfew ordinance or a juvenile
who is alleged to have violated a state or municipal ordinance or regulation
prohibiting possession or use of any tobacco product. Thus, both the adult and
the juvenile courts have concurrent jurisdiction over juveniles who violate
curfew or tobacco ordinances or laws.
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What is a status offense?
A status offense is a violation of the juvenile code which, if that same act
were committed by an adult, would not be a violation of the law. There are only
five status offenses recognized by Missouri law. They are: (1) truancy, (2)
incorrigible child, (3) runaway child, (4) behavior or associations injurious
to the welfare of the child and (5) the child is charged with an offense not
classified as criminal or applicable only to children.
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What happens when a juvenile is taken into custody?
The juvenile will be released to the juvenile’s custodian or another suitable
person unless substantial reasons exist for detaining the juvenile. Generally,
appropriate reasons for detention in reference to delinquent acts may include,
but are not limited to:
1. Alleged acts resulting in serious bodily injury or property damage/loss which
constitutes a felony.
2. Acts of misconduct that placed any person or the general public at risk of
serious harm.
3. Acts of misconduct involving a weapon or sexual offense.
4. Circumstances that indicate the juvenile is a significant flight risk and
in need of protection.
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Can a juvenile be held in a jail?
A juvenile may only be detained in a detention facility as specified by the
court and may not be detained in any jail or other adult detention facility.
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How long can a juvenile be kept in a detention center?
The Juvenile Officer or designee has the authority to authorize the detention
of a juvenile for a period of less than twenty-four hours. The Court must authorize
continued detention for a period of more than twenty-four hours.
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Can a juvenile be handcuffed?
Juveniles may be handcuffed as needed to ensure the safety of all parties, including
the juvenile. Juveniles under the age of thirteen should not be handcuffed as
a matter of general practice unless the juvenile is combative r a threat to
themselves.
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Can a juvenile be fingerprinted and photographed?
Any juvenile taken into custody for offenses that would constitute a felony
if committed by an adult shall be fingerprinted and photographed. This is a
statutory requirement and consent by the Juvenile Division is not required.
For misdemeanors, a juvenile’s fingerprints and photographs may be obtained
only by a juvenile court order from the judge.
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Can a juvenile be questioned by the police or other
law enforcement?
Yes. However, before an in-custody interview or interrogation may begin, a juvenile
must be advised by the Juvenile Officer or a designee trained by the Juvenile
Officer of each their rights. The admissibility of any juvenile statement is
determined by circumstances on a case-by-case basis.
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Can a juvenile waive or give up their rights?
Yes. A juvenile may waive the right to have a parent, guardian, or custodian
present, but the parent must be present and advised of the juvenile’s
right to an attorney and to remain silent, and the juvenile must be given the
opportunity to consult with the parent, guardian, or custodian as to the waiver
of the aforesaid rights.
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What rights does a juvenile in custody have?
1. The right to remain silent;
2. The right to an attorney and if the juvenile is unable to afford an attorney,
that one will be provided;
3. Any statement made to the Juvenile Officer or Juvenile Division personnel
may be used in later Juvenile Division proceedings;
4. That if the juvenile indicates in any manner at any time in the interview,
they do not wish to be questioned further, the questioning will stop;
Any statement to law enforcement or persons other than the Juvenile Officer
or Juvenile Division personnel may be used against he juvenile in the event
the juvenile is prosecuted as an adult.
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May a juvenile be prosecuted as an adult?
Yes. In order to be prosecuted as an adult, the juvenile must generally be at
least twelve years of age and must be charged with a felony. This is generally
called a certification proceeding and it may be requested by the juvenile officer,
the child’s custodian or the court may decide to conduct such a hearing
on its own. A certification hearing is, however, required if the juvenile is
charged with certain very serious felony offenses. Even children under twelve
years of age may be certified to stand trial as adults if the charges involve
one of the serious felony offenses set forth in the statute. The serious offenses
are first and second degree murder, first degree assault, forcible rape, forcible
sodomy, first degree robbery, distribution of drugs or any juvenile who has
committed two or more prior unrelated felonies.
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How does the court decide whether to certify a juvenile
to stand trial as an adult for a crime?
The juvenile court considers all relevant evidence including, but not limited
to, the seriousness of the offense, the facts of the offense, the type of offense,
whether the juvenile has a repetitive pattern of committing crimes, the prior
record and history of the juvenile, the sophistication and maturity of the juvenile,
the age of the juvenile, the available programs and facilities for treatment
of the juvenile in the juvenile system, whether the child can benefit from treatment
in the juvenile system and whether or not there is racial disparity in the certification
process.
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What is dual jurisdiction?
When a juvenile has been certified by the Juvenile Court to stand trial in the
adult system and the juvenile has been convicted in the adult system, the adult
criminal court judge can invoke dual jurisdiction of both the criminal and the
juvenile code by imposing a juvenile disposition or sentence and simultaneously
imposing an adult sentence, the execution of which is suspended pursuant to
the provisions of the law.
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What is an informal adjustment?
An informal adjustment usually consists of a conference at which the juvenile
is warned not to have any further violations. Informal adjustments are used
for minor offenses instead of taking the juvenile to court.
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What is the adjudicatory hearing?
The trial of the charges or allegations set forth in the petition is bifurcated,
which means that the hearing is held in two parts. The first part is called
the adjudicatory hearing and the purpose is to determine whether the charges
or allegations of a petition are true. The second part, called the dispositional
hearing, only occurs if the charges or allegations have been proven and the
court assumes jurisdiction. Once the court assumes jurisdiction over the juvenile,
the court must decide what type of disposition to order. This is the purpose
of the dispositional hearing, at which the court decides what to do with respect
to the treatment or rehabilitation of the juvenile.
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The Petition was established at the adjudication hearing
and the case is now proceeding to the dispositional phase. Does the court have
certain options concerning disposition?
Yes. Section 211.181.1 sets forth most of the options for dispositional orders
for the court. Section 211.181 sets forth the dispositional options for children
who have been adjudicated as victims of abuse or neglect. Section 211.181.2
sets forth the dispositional options for children who have been adjudicated
as status offenders. Section 211.181.3 sets forth dispositional options for
children who have been adjudicated delinquent.
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As part of the court’s order, my child has been
ordered to pay restitution. May the court also order a parent to pay that restitution
as well?
Yes, but only if the court finds that the parent has failed to exercise reasonable
parental discipline or authority to prevent the damage or loss and the child
has committed certain actions as set forth in Section 211.185 which relate to
stealing, damaging or destroying property or inflicting personal injury. There
is a procedure for a restitution hearing to determine the correct amount and
the amount the parents may be asked to pay shall not exceed $4,000.00 under
this provision in Chapter 211.
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Who can have a court appointed lawyer in juvenile
court?
Any party is entitled to be represented by an attorney in all proceedings. Appointment
of a free attorney is governed by certain statutes and Supreme Court Rules.
Prior to the filing of a petition, only a child has the right to appointed counsel.
The child must be indigent and request appointment. After a petition has been
filed, the court shall appoint counsel for a child whenever necessary to assure
a full and fair hearing. The requirement for appointment of counsel for a child
applies even if the child’s parents are not indigent. After a petition
has been filed, the custodians may have counsel appointed for them but only
if they are indigent and they have requested appointment of counsel and the
court finds that a full and fair hearing requires appointment of counsel.
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Does Missouri have a juvenile sex offender registry?
Yes. The rules establishing the juvenile sex offender registry is set forth
in Section 211.425, RSMo. It applies to any person adjudicated a delinquent
by a juvenile court for committing or attempting to commit a sex related offense
which, if committed by an adult, would be considered a felony offense under
Chapter 566, RSMo. It also applies to adjudications in other states or in federal
court for offenses which would be equal to the ones described under Missouri
law. Some juveniles who have been required to register on the juvenile sex offender
registry may also have to register as an adult on the adult sex offender registry
when the juvenile reaches twenty-one years of age. See Section 589.400, RSMo.
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Does Missouri recognize specific types of abuse?
Yes. In Missouri there are three types of abuse. They are: (1) physical abuse,
(2) sexual abuse and (3) emotional abuse. Physical abuse requires that there
be actual physical injury, no matter how slight. Sexual and emotional abuse
do not require physical injury.
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What is the role of the juvenile court when a child
has been abused or neglected?
The role of the juvenile court is to intervene for the protection of the child.
Punishment of the perpetrator of the abuse or neglect is the responsibility
of the criminal court, not the juvenile court.
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How does Missouri define neglect?
Neglect is a failure to provide, by those responsible for the care, custody
and control of the child, proper or necessary support, education as required
by law, nutrition or medical, surgical or any other care necessary for the child’s
well being.
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If a child has been abused or neglected, who may take
protective custody of my child?
Under Missouri law, protective custody may only be taken by a police officer,
law enforcement official, physician or juvenile officer.
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What is a mandated reporter?
Section 210.115 lists those professionals and job titles who are known as “mandated
reporters.” A mandated reporter is generally someone with some responsibility
for the care of children. If a mandated reporter has “reasonable cause
to suspect that a child has been or may be subjected to abuse or neglect or
observes the child being subjected to conditions or circumstances which would
reasonably result in abuse or neglect,” then the mandated reporter must
cause a report to be made.
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May other persons report abuse or neglect?
Yes. Any other person may report suspected abuse or neglect if that person has
“reasonable cause to suspect” that a child has been or may be subjected
to abuse or neglect or observe the child being subjected to conditions or circumstances
which would reasonably result in abuse or neglect.
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What is a Guardian Ad Litem?
A Guardian Ad Litem is usually a lawyer and is appointed to advocate for the
best interests of the persons whom the Guardian Ad Litem is appointed to represent.
In abuse/neglect cases, a Guardian Ad Litem is appointed to represent the child
victim in any case which results in a judicial proceeding. A Guardian Ad Litem
is also required to represent a parent who is a minor or who is mentally ill
or otherwise incompetent in child abuse proceedings, juvenile court cases or
custody matters.
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Does a Guardian Ad Litem have to have any special
training?
Yes. Missouri law requires that a Guardian Ad Litem shall have completed a training
program in permanency planning. The Supreme Court has also adopted standards
for Guardians Ad Litem which requires specific amounts of initial and follow-up
training.
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What is a court appointed special advocate?
A Court Appointed Special Advocate (CASA) is a trained volunteer citizen who
is appointed by a judge to advocate for the best interest of abused and neglected
children in court. Non-attorney volunteer advocates are prohibited from giving
legal advice or representation.
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If my spouse abused our child and I did not know about
or participate in the offense will the child be removed from me?
No. Children shall be promptly returned to the care and custody of a non-offending
parent entitled to custody if only one parent is the subject of the investigation
and the non-offending parent does not have a history of criminal behavior, drug
or alcohol abuse, child abuse or child neglect, domestic violence or stalking
within the past five years and the offending parent is removed from the home
or the parents live separately and the child has been removed from the home
of the offending parent and provided the non-offending parent requests custody
and agrees to cooperate with the orders of the court. When the parents maintain
joint domicile or comply with court ordered visitation there is a rebuttable
presumption that the non-offending parent has not committed any violation or
engaged in any conduct that would constitute child abuse or neglect and in order
to rebut the presumption there must be a finding of actual harm or endangerment
to the child if the child would be placed in the custody of the non-offending
parent.
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If my child is taken into custody because of allegations
against me of abuse or neglect, do I have the right to a hearing?
Yes. If a child is taken into custody because of allegations of abuse or neglect,
the court must hold a protective custody hearing within three days excluding
Saturdays, Sundays and legal holidays. The full trial on the allegations must
be held within sixty days after the child has been taken into custody. The court
must make a decision concerning what treatment to order for the child within
ninety days after the child has been taken into custody. The law permits modest
extensions on these time limits.
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Is there any prohibition on returning a child to a
sex offender?
Yes. Generally courts in any type of custody proceeding, including juvenile
cases, shall not place a child with a parent or in a home in which any person
residing in the home has either been found guilty of or pled guilty to certain
sex offenses or other crimes against Missouri law or similar crimes in other
jurisdictions.
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The juvenile court order conflicts with my previous
custody order. Is this allowed?
Yes. An order or judgment entered by the juvenile court under the authority
of either Chapters 210 or 211 of the Revised Statutes of Missouri, so long as
the order remains in effect, takes precedence over custody orders rendered by
other courts in other types of cases.
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My child has been removed from me. Is the juvenile
court allowed to enter a child support order?
Yes. When the court has assumed jurisdiction of a child under Section 211.031,
the court may enter child support orders.
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Do grandparents have any rights in juvenile court?
Yes. A grandparent shall have a right to intervene in any proceeding in juvenile
court in which custody of the grandchild is at issue unless the juvenile court
decides that intervention by the grandparents is not in the best interests of
the child.
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May religion be considered in placement of my child?
Yes. In placing a child in the custody of an individual or agency, the court
shall whenever practicable, select a person or agency governed by persons of
the same religious faith as that of the parents of the child. If the parents
have a difference of religious faith, then the placement must be the religious
faith of the child or if that is not ascertainable, then the faith of either
of the parents.
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I do not agree with the decision of the juvenile court.
Am I allowed to appeal?
Yes. An appeal is allowed to the child, a parent or, in certain circumstances,
to the juvenile officer. Other may be allowed to appeal in limited circumstances.
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Who can file for a termination of parental rights
in Missouri?
Termination of parental rights petitions filed under Chapter 211 must be filed
by either the juvenile officer or the Children’s Division. A private person
can only file a termination of parental rights petition in connection with and
as part of a Chapter 453 adoption. Another statute permits a private person
to seek termination of parental rights when a large child support arrearage
has accrued, although that statute has been rarely used.
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What type of termination proceedings are there?
Termination of parental rights under Chapter 211 can be divided into two broad
categories: (1) termination of parental rights by consent and (2) contested
termination of parental rights. All terminations must be in the best interests
of the child. Contested terminations involve terminations where the parents
will not consent and the parents are accused of abandonment, abuse, neglect,
failing to rectify an abusive or neglectful situation, because of the commission
of certain sex offenses against the child or another child in the family, because
the child was conceived by an act of forcible rape or because the parents are
unfit.
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Is a Guardian Ad Litem required for a termination
of parental rights case?
Yes. In all cases for termination of parental rights, a Guardian Ad Litem must
be appointed if not previously appointed.
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The case involving my child involves allegations of
abuse or neglect. Does the public have the right to attend?
Yes. Abuse/neglect cases are open to the public. In certain circumstances, the
court may close the proceeding to the public, but only after the court hears
arguments and makes findings. Pleadings and orders are open to the public in
juvenile cases. Under certain circumstances, portions thereof may be redacted.
Adoptions are still closed to the public.
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Does the public have a right to attend court proceedings
and/or view records in juvenile cases other than abuse or neglect?
Records of juvenile court proceedings in other types of cases are not open to
the public except by order of the court unless the juvenile has been adjudicated
guilty of a Class A felony, capital murder, first degree murder or second degree
murder. In delinquency cases, the juvenile officer is authorized to discuss
matters concerning the child, the allegations or the case with persons who have
a need to know such as the victim, witnesses, school or law enforcement officials
or prosecuting attorneys or any person or agency having care or custody of the
child.
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