Section 211.171

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 2020, 3 histories   

  211.171.  Hearing procedure — notification of current foster parents, preadoptive parents and relatives, when — public may be excluded, when — victim impact statement permitted, when. — 1.  The procedure to be followed at the hearing shall be determined by the juvenile court judge and may be as formal or informal as he or she considers desirable, consistent with constitutional and statutory requirements.  The judge may take testimony and inquire into the habits, surroundings, conditions and tendencies of the child and the family to enable the court to render such order or judgment as will best promote the welfare of the child and carry out the objectives of this chapter.

  2.  The hearing may, in the discretion of the court, proceed in the absence of the child and may be adjourned from time to time.

  3.  The current foster parent of a child, or any preadoptive parent or relative currently providing care for the child, shall be provided with notice of, and an opportunity to be heard in, any hearing to be held with respect to a child in his or her care, and a foster parent shall have standing to participate in all court hearings pertaining to a child in their care.  If a foster parent alleges the court failed to allow the foster parent to be heard orally or by submission of correspondence at any hearing regarding a child in their care, the foster parent may seek remedial writ relief pursuant to Missouri supreme court rules 84, 94, and 97.  No docket fee shall be required to be paid by the foster parent.  The children's division shall not remove a child from placement with a foster parent based solely upon the foster parent's filing of a petition for a remedial writ or while a writ is pending, unless removal is necessary to ensure the health and safety of the child.

  4.  The court shall ensure a child's foster parent has received full access to the child's medical, psychological, and psychiatric records, including prior records, from the children's division and its contractors under section 210.566, by inquiring at the first hearing at which the foster parent is present.

  5.  All cases of children shall be heard separately from the trial of cases against adults.

  6.  Stenographic notes or an authorized recording of the hearing shall be required if the court so orders or, if requested by any party interested in the proceeding.

  7.  The general public shall be excluded and only such persons admitted as have a direct interest in the case or in the work of the court except in cases where the child is accused of conduct which, if committed by an adult, would be considered a class A or B felony; or for conduct which would be considered a class C felony, if the child has previously been formally adjudicated for the commission of two or more unrelated acts which would have been class A, B or C felonies, if committed by an adult.

  8.  The practice and procedure customary in proceedings in equity shall govern all proceedings in the juvenile court; except that, the court shall not grant a continuance in such proceedings absent compelling extenuating circumstances, and in such cases, the court shall make written findings on the record detailing the specific reasons for granting a continuance.

  9.  The court shall allow the victim of any offense to submit a written statement to the court.  The court shall allow the victim to appear before the court personally or by counsel for the purpose of making a statement, unless the court finds that the presence of the victim would not serve justice.  The statement shall relate solely to the facts of the case and any personal injuries or financial loss incurred by the victim.  A member of the immediate family of the victim may appear personally or by counsel to make a statement if the victim has died or is otherwise unable to appear as a result of the offense committed by the child.

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(L. 1957 p. 642 § 211.190, A.L. 1989 H.B. 502, et al., A.L. 1995 H.B. 174, et al., A.L. 1998 H.B. 1822 merged with S.B. 674, A.L. 1999 H.B. 136, A.L. 2004 H.B. 1453, A.L. 2014 S.B. 869, A.L. 2020 H.B. 1414 merged with S.B. 653)