Hearing procedure--notification of current foster parents,preadoptive parents and relatives, when--public may be excluded,when--victim impact statement permitted, when.
211.171. 1. The procedure to be followed at the hearing shall bedetermined by the juvenile court judge and may be as formal or informal ashe or she considers desirable, consistent with constitutional and statutoryrequirements. The judge may take testimony and inquire into the habits,surroundings, conditions and tendencies of the child and the family toenable the court to render such order or judgment as will best promote thewelfare of the child and carry out the objectives of this chapter.
2. The hearing may, in the discretion of the court, proceed in theabsence of the child and may be adjourned from time to time.
3. The current foster parents of a child, or any preadoptive parentor relative currently providing care for the child, shall be provided withnotice of, and an opportunity to be heard in, any hearing to be held withrespect to the child. This subsection shall not be construed to requirethat any such foster parent, preadoptive parent or relative providing carefor a child be made a party to the case solely on the basis of such noticeand opportunity to be heard.
4. All cases of children shall be heard separately from the trial ofcases against adults.
5. Stenographic notes or an authorized recording of the hearing shallbe required if the court so orders or, if requested by any party interestedin the proceeding.
6. The general public shall be excluded and only such personsadmitted as have a direct interest in the case or in the work of the courtexcept in cases where the child is accused of conduct which, if committedby an adult, would be considered a class A or B felony; or for conductwhich would be considered a class C felony, if the child has previouslybeen formally adjudicated for the commission of two or more unrelated actswhich would have been class A, B or C felonies, if committed by an adult.
7. The practice and procedure customary in proceedings in equityshall govern all proceedings in the juvenile court; except that, the courtshall not grant a continuance in such proceedings absent compellingextenuating circumstances, and in such cases, the court shall make writtenfindings on the record detailing the specific reasons for granting acontinuance.
8. The court shall allow the victim of any offense to submit awritten statement to the court. The court shall allow the victim to appearbefore the court personally or by counsel for the purpose of making astatement, unless the court finds that the presence of the victim would notserve justice. The statement shall relate solely to the facts of the caseand any personal injuries or financial loss incurred by the victim. Amember of the immediate family of the victim may appear personally or bycounsel to make a statement if the victim has died or is otherwise unableto appear as a result of the offense committed by the child.
(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)
(1962) Proceedings of juvenile court making a child a ward of the court and placing her in the custody of her grandmother were in the nature of a civil action insofar as appellate procedure and review were concerned and appeal could have been dismissed for failure to comply with rules of civil procedure. In re M--L--J-- (A.), 356 S.W.2d 508.
(1974) Held that burden of proof on voluntary nature of incriminating statement of juvenile is on party seeking introduction of the statement. In the interest of M____ C____ (A.), 504 S.W.2d 641.
Hearing procedure--notification of current foster parents,preadoptive parents and relatives, when--public may be excluded,when--victim impact statement permitted, when.
211.171. 1. The procedure to be followed at the hearing shall bedetermined by the juvenile court judge and may be as formal or informal ashe or she considers desirable, consistent with constitutional and statutoryrequirements. The judge may take testimony and inquire into the habits,surroundings, conditions and tendencies of the child and the family toenable the court to render such order or judgment as will best promote thewelfare of the child and carry out the objectives of this chapter.
2. The hearing may, in the discretion of the court, proceed in theabsence of the child and may be adjourned from time to time.
3. The current foster parents of a child, or any preadoptive parentor relative currently providing care for the child, shall be provided withnotice of, and an opportunity to be heard in, any hearing to be held withrespect to the child. This subsection shall not be construed to requirethat any such foster parent, preadoptive parent or relative providing carefor a child be made a party to the case solely on the basis of such noticeand opportunity to be heard.
4. All cases of children shall be heard separately from the trial ofcases against adults.
5. Stenographic notes or an authorized recording of the hearing shallbe required if the court so orders or, if requested by any party interestedin the proceeding.
6. The general public shall be excluded and only such personsadmitted as have a direct interest in the case or in the work of the courtexcept in cases where the child is accused of conduct which, if committedby an adult, would be considered a class A or B felony; or for conductwhich would be considered a class C felony, if the child has previouslybeen formally adjudicated for the commission of two or more unrelated actswhich would have been class A, B or C felonies, if committed by an adult.
7. The practice and procedure customary in proceedings in equityshall govern all proceedings in the juvenile court; except that, the courtshall not grant a continuance in such proceedings absent compellingextenuating circumstances, and in such cases, the court shall make writtenfindings on the record detailing the specific reasons for granting acontinuance.
8. The court shall allow the victim of any offense to submit awritten statement to the court. The court shall allow the victim to appearbefore the court personally or by counsel for the purpose of making astatement, unless the court finds that the presence of the victim would notserve justice. The statement shall relate solely to the facts of the caseand any personal injuries or financial loss incurred by the victim. Amember of the immediate family of the victim may appear personally or bycounsel to make a statement if the victim has died or is otherwise unableto appear as a result of the offense committed by the child.
(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)
(1962) Proceedings of juvenile court making a child a ward of the court and placing her in the custody of her grandmother were in the nature of a civil action insofar as appellate procedure and review were concerned and appeal could have been dismissed for failure to comply with rules of civil procedure. In re M--L--J-- (A.), 356 S.W.2d 508.
(1974) Held that burden of proof on voluntary nature of incriminating statement of juvenile is on party seeking introduction of the statement. In the interest of M____ C____ (A.), 504 S.W.2d 641.
Hearing procedure--notification of current foster parents,preadoptive parents and relatives, when--public may be excluded,when--victim impact statement permitted, when.
211.171. 1. The procedure to be followed at the hearing shall bedetermined by the juvenile court judge and may be as formal or informal ashe or she considers desirable, consistent with constitutional and statutoryrequirements. The judge may take testimony and inquire into the habits,surroundings, conditions and tendencies of the child and the family toenable the court to render such order or judgment as will best promote thewelfare of the child and carry out the objectives of this chapter.
2. The hearing may, in the discretion of the court, proceed in theabsence of the child and may be adjourned from time to time.
3. The current foster parents of a child, or any preadoptive parentor relative currently providing care for the child, shall be provided withnotice of, and an opportunity to be heard in, any hearing to be held withrespect to the child. This subsection shall not be construed to requirethat any such foster parent, preadoptive parent or relative providing carefor a child be made a party to the case solely on the basis of such noticeand opportunity to be heard.
4. All cases of children shall be heard separately from the trial ofcases against adults.
5. Stenographic notes or an authorized recording of the hearing shallbe required if the court so orders or, if requested by any party interestedin the proceeding.
6. The general public shall be excluded and only such personsadmitted as have a direct interest in the case or in the work of the courtexcept in cases where the child is accused of conduct which, if committedby an adult, would be considered a class A or B felony; or for conductwhich would be considered a class C felony, if the child has previouslybeen formally adjudicated for the commission of two or more unrelated actswhich would have been class A, B or C felonies, if committed by an adult.
7. The practice and procedure customary in proceedings in equityshall govern all proceedings in the juvenile court; except that, the courtshall not grant a continuance in such proceedings absent compellingextenuating circumstances, and in such cases, the court shall make writtenfindings on the record detailing the specific reasons for granting acontinuance.
8. The court shall allow the victim of any offense to submit awritten statement to the court. The court shall allow the victim to appearbefore the court personally or by counsel for the purpose of making astatement, unless the court finds that the presence of the victim would notserve justice. The statement shall relate solely to the facts of the caseand any personal injuries or financial loss incurred by the victim. Amember of the immediate family of the victim may appear personally or bycounsel to make a statement if the victim has died or is otherwise unableto appear as a result of the offense committed by the child.
(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)
(1962) Proceedings of juvenile court making a child a ward of the court and placing her in the custody of her grandmother were in the nature of a civil action insofar as appellate procedure and review were concerned and appeal could have been dismissed for failure to comply with rules of civil procedure. In re M--L--J-- (A.), 356 S.W.2d 508.
(1974) Held that burden of proof on voluntary nature of incriminating statement of juvenile is on party seeking introduction of the statement. In the interest of M____ C____ (A.), 504 S.W.2d 641.
