Rule 123.07 Preliminary Child Welfare Proceeding
Custody
Rule Text
a.When the juvenile in whose interest a petition is filed under section 211.031.1(1), RSMo, remains in the custody of the juvenile’s parent, guardian, or custodian or is released from judicial custody, the court shall, within three days, excluding Saturdays, Sundays, and legal holidays, of the date of filing of the petition, enter appropriate orders, including on the following issues:
(1) whether the children’s division shall be made a party to the proceeding;
(2) whether a guardian ad litem has been appointed for the juvenile;
(3) whether a court appointed special advocate should be appointed for the juvenile;
(4) whether a parent, guardian, or custodian requires a guardian ad litem because of age or mental status;
(5) whether the paternity of the juvenile has been previously established;
(6) whether to order temporary protective custody of the juvenile and schedule a protective custody hearing pursuant to Rule 123.05 or, in the absence of an order for temporary protective custody, schedule a hearing pursuant to Rule 124.06; and
(7) the date on which all parties shall appear before the court.
b.If the court orders temporary protective custody of the juvenile pursuant to Rule 123.07(a)(6), the court shall either schedule a protective custody hearing pursuant to Rule 123.05 or, if appropriate and by agreement of all parties, conduct a protective custody hearing immediately following the child welfare proceeding.
Amendment history: (Adopted May 20, 2009, eff. Jan. 1, 2010. Amended Oct. 26, 2021, eff. July 1, 2022.)