Rule 124.07 Dispositional Hearing
Custody - Hearings
Rule Text
a.A dispositional hearing in a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, shall be held within the time frame in Rule 124.01a(3).
b.Such a dispositional hearing may be held separate from or immediately following an adjudication hearing held pursuant to Rule 124.06.
c.At such a dispositional hearing, the court shall receive evidence and, in accordance with the best interests of the juvenile, determine and make findings on the legal and physical custody of the juvenile and on the services required to reunify the family. The hearing shall be held on the record. The court may take judicial notice of the court’s file. The rules of evidence do not apply. All parties and the guardian ad litem shall be afforded the opportunity to testify, present evidence, cross-examine witnesses, and present arguments of law and fact and arguments concerning the weight, credibility and effect of the evidence.
d.At such a dispositional hearing, the court shall admit the social study into evidence and additionally receive:
(1) a report on the attempts of the children’s division to identify and locate any biological parent whose identity or location is unknown unless such efforts have been excused by the court;
(2) the recommendations of the children’s division and the juvenile officer;
(3) evidence regarding the recommendations of the children’s division and the juvenile officer;
(4) evidence concerning the need for the children’s division to engage in reasonable efforts to reunify the family; and
(5) the recommendations of the guardian ad litem and court appointed special advocate.
e.At such a dispositional hearing, the court shall make findings on whether the children’s division is required to engage in reasonable efforts to reunify the family and:
(1) shall enter an order for the legal and physical custody of the juvenile;
(2) may order the reasonable efforts required of the children’s division to reunify the family;
(3) may order the efforts required of the parties, other than the children’s division, to reunify the family; and
(4) shall schedule a dispositional review hearing or, when appropriate, a permanency hearing within the time frames in Rules 124.01b(1) and 124.01b(2) respectively.
f.At such a dispositional hearing, the court shall determine and make findings on whether:
(1) the children’s division made, or is deemed to have made, reasonable efforts to prevent or eliminate the need for removal of the juvenile from the home; and
(2) continuation of the juvenile in the home is contrary to the welfare of the juvenile.
Amendment history: (Adopted May 20, 2009, eff. Jan. 1, 2010.)