Rule 127.10 Rights During Secure Detention
Detention
Rule Text
a.When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile’s parents, guardian or custodian. Thereafter, the juvenile may telephone the juvenile's parents, guardian or custodian only at reasonable intervals. The juvenile officer may establish rules regulating the time and frequency of such subsequent telephone calls.
b.When a juvenile in judicial custody under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, is presented to a detention facility or to a juvenile officer, the juvenile may immediately telephone the juvenile's counsel. Thereafter, the juvenile may telephone the juvenile’s counsel at any reasonable time.
c.When a juvenile is admitted to a detention facility, the juvenile’s parents, guardian or custodian may make an initial visit at any time. Thereafter, the juvenile may be visited by the juvenile's parents, guardian or custodian only during the visiting hours of the detention facility, which, unless otherwise ordered by the court, shall be scheduled on no fewer than three days per week. The juvenile officer may establish rules regulating visits to the juvenile by other persons.
d.When a juvenile is admitted to a detention facility, the juvenile’s counsel may make an initial visit at any time. Thereafter, the juvenile may be visited by the juvenile’s counsel at any reasonable time.
e.If a juvenile refuses to see the juvenile's parents, guardian or custodian, no visits by the parents, guardian or custodian shall be allowed unless authorized by the court or the juvenile officer.
f.No person shall interrogate a juvenile in a detention facility concerning an alleged violation by the juvenile of a state law or municipal ordinance without the presence of the juvenile’s counsel unless counsel consents or counsel has been waived or has not been retained or appointed, or without the presence of the juvenile’s parent, guardian or custodian unless the presence of the juvenile’s parent, guardian or custodian has been waived.
g. Except for the juvenile's parents, guardian or custodian, the juvenile's counsel, and authorized personnel of the court, no person shall interview a juvenile in a detention facility without prior approval from the court or the juvenile officer.
Amendment history: (Adopted May 20, 2009, eff. Jan. 1, 2010.)