Rule 123.08 Discovery

a.In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, within ten days of the date of the protective custody hearing or, in the absence of a protective custody hearing, within 14 days of the filing of the petition or motion to modify, the juvenile officer and children’s division shall make available to all other parties or their counsel, the guardian ad litem and any court appointed special advocate the following documents and records, to the extent relevant to the allegations of the petition or motion to modify:

(1) medical records of the juvenile;

(2) law enforcement records, including police reports, regarding the juvenile and the juvenile’s parents, guardian or custodian;

(3) written statements and videotapes, audiotapes or similar recordings of statements of the juvenile and the juvenile’s parents, guardian or custodian;

(4) reports and affidavits submitted by the children’s division to the juvenile officer requesting that the juvenile be taken into protective custody or that a petition be filed;

(5) completed social services reports and safety plans regarding the juvenile and the juvenile’s parents, guardian or custodian;

(6) written service agreements between the juvenile’s parents, guardian or custodian and the children’s division; and

(7) completed hotline reports, redacted to the extent required by law, regarding the juvenile and the juvenile’s parents, guardian or custodian.

b.The obligation of the juvenile officer and children’s division under this Rule 123.08 is limited to documents and records in their actual possession, and neither the juvenile officer nor the children’s division has any obligation under this Rule 123.08 to request or obtain the identified documents and records for any other party, the guardian ad litem, or court appointed special advocate.

c.The obligation of the juvenile officer and children’s division under this Rule 123.08 is continuing, and the juvenile officer and children’s division shall make available within ten days of receipt to all other parties, the guardian ad litem and any court appointed special advocate any documents and records identified in Rule 123.08a that are subsequently received.

d.This Rule 123.08 shall not restrict any party from engaging in formal discovery, which shall be governed by Rules 41 to 101.