§ 211.459 — Dispositional hearing, when held — procedure — immunity for certain persons — privileged communication not to constitute grounds for excluding evidence.

Missouri § 211.459

• Jurisdiction: Missouri
• Title XII: PUBLIC HEALTH AND WELFARE
• Ch. 211: Juvenile Courts

Text

1.  Within thirty days after the juvenile officer and the court have met pursuant to section 211.455 , the court shall hold the dispositional hearing where the juvenile officer and any person on whom summons and the petition were served shall have the right and power to subpoena witnesses and present evidence.  The court may require any and all investigating division personnel connected with the particular case to testify without privilege and subject to the rules of cross-examination.  Such witnesses shall receive as compensation the witness fee and mileage provided in civil cases.

2.  Stenographic notes or an authorized recording of the hearing shall be required as in civil actions in the circuit court.

3.  Any person, official or institution participating in good faith in the making of a report, the taking of photographs or the making of radiological examinations pursuant to sections 210.110 to 210.165 , or the removal or retention of a child pursuant to sections 210.110 to 210.165 shall have immunity from all civil liability which might arise by reason of such actions.  All such persons, officials and institutions shall have the same immunity with respect to participation in any judicial proceeding resulting from a report made pursuant to sections 210.110 to 210.165 .

4.  No legally recognized privileged communication, except that between priest, minister, or rabbi and parishioner, and attorney client, shall constitute grounds for excluding evidence at any proceeding for the termination of parental rights.

Legislative History

(L. 1985 H.B. 366, et al.)