State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C211 > 211_032

Child abuse and neglect hearings, when held, procedure–supremecourt rules to be promulgated–transfer of school records, when.

211.032. 1. Except as otherwise provided in a circuit participatingin a pilot project established by the Missouri supreme court, when a childor person seventeen years of age, alleged to be in need of care andtreatment pursuant to subdivision (1) of subsection 1 of section 211.031,is taken into custody, the juvenile or family court shall notify theparties of the right to have a protective custody hearing. Suchnotification shall be in writing.

2. Upon request from any party, the court shall hold a protectivecustody hearing. Such hearing shall be held within three days of therequest for a hearing, excluding Saturdays, Sundays and legal holidays.For circuits participating in a pilot project established by the Missourisupreme court, the parties shall be notified at the status conference oftheir right to request a protective custody hearing.

3. No later than February 1, 2005, the Missouri supreme court shallrequire a mandatory court proceeding to be held within three days,excluding Saturdays, Sundays, and legal holidays, in all cases undersubdivision (1) of subsection 1 of section 211.031. The Missouri supremecourt shall promulgate rules for the implementation of such mandatory courtproceedings and may consider recommendations from any pilot projectsestablished by the Missouri supreme court regarding such proceedings.Nothing in this subsection shall prevent the Missouri supreme court fromexpanding pilot projects prior to the implementation of this subsection.

4. The court shall hold an adjudication hearing no later than sixtydays after the child has been taken into custody. The court shall notifythe parties in writing of the specific date, time, and place of suchhearing. If at such hearing the court determines that sufficient causeexists for the child to remain in the custody of the state, the court shallconduct a dispositional hearing no later than ninety days after the childhas been taken into custody and shall conduct review hearings regarding thereunification efforts made by the division every ninety to one hundredtwenty days for the first year the child is in the custody of the division.After the first year, review hearings shall be held as necessary, but in noevent less than once every six months for as long as the child is in thecustody of the division.

5. At all hearings held pursuant to this section the court mayreceive testimony and other evidence relevant to the necessity of detainingthe child out of the custody of the parents, guardian or custodian.

6. By January 1, 2005, the supreme court shall develop rulesregarding the effect of untimely hearings.

7. If the placement of any child in the custody of the children'sdivision will result in the child attending a school other than the schoolthe child was attending when taken into custody:

(1) The child's records from such school shall automatically beforwarded to the school that the child is transferring to upon notificationwithin two business days by the division; or

(2) Upon request of the foster family, the guardian ad litem, or thevolunteer advocate and whenever possible, the child shall be permitted tocontinue to attend the same school that the child was enrolled in andattending at the time the child was taken into custody by the division.The division, in consultation with the department of elementary andsecondary education, shall establish the necessary procedures to implementthe provisions of this subsection.

(L. 1995 S.B. 174, A.L. 2004 H.B. 1453)

Effective 7-01-04