FIRST REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DARROUGH.
Read 1st time April 1, 2005 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To repeal sections 211.023, 211.031, 478.063, 487.010, 487.020, 487.030, 487.040, 487.050, 487.060, 487.070, 487.080, 487.090, 487.100, 487.110, 487.120, 487.130, 487.140, 487.150, 487.160, 487.180, 487.190 and 488.2300, RSMo, and to enact in lieu thereof three new sections relating to courts.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 211.023, 211.031, 478.063, 487.010, 487.020, 487.030, 487.040, 487.050, 487.060, 487.070, 487.080, 487.090, 487.100, 487.110, 487.120, 487.130, 487.140, 487.150, 487.160, 487.180, 487.190, and 488.2300, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 211.023, 211.031 and 478.063, to read as follows:
211.023. In each county of the first class having a charter form of government[, except those counties having a family court as provided in sections 487.010 to 487.190, RSMo,] a majority of the circuit judges, en banc, may appoint one or two persons who shall have the same qualifications as a circuit judge to act as commissioners. The commissioners shall be appointed for a term of four years. The compensation of a commissioner shall be the same as set by law for associate circuit judges of the county for which they are appointed, payable by the state, and the commissioners shall devote full time to such duties.
211.031. 1. Except as otherwise provided in this chapter, the juvenile court [or the family court in circuits that have a family court as provided in sections 487.010 to 487.190, RSMo,] shall have exclusive original jurisdiction in proceedings:
(1) Involving any child or person seventeen years of age who may be a resident of or found within the county and who is alleged to be in need of care and treatment because:
(a) The parents, or other persons legally responsible for the care and support of the child or person seventeen years of age, neglect or refuse to provide proper support, education which is required by law, medical, surgical or other care necessary for his or her well-being; except that reliance by a parent, guardian or custodian upon remedial treatment other than medical or surgical treatment for a child or person seventeen years of age shall not be construed as neglect when the treatment is recognized or permitted pursuant to the laws of this state;
(b) The child or person seventeen years of age is otherwise without proper care, custody or support; or
(c) The child or person seventeen years of age was living in a room, building or other structure at the time such dwelling was found by a court of competent jurisdiction to be a public nuisance pursuant to section 195.130, RSMo;
(d) The child or person seventeen years of age is a child in need of mental health services and the parent, guardian or custodian is unable to afford or access appropriate mental health treatment or care for the child;
(2) Involving any child who may be a resident of or found within the county and who is alleged to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is repeatedly and without justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or her parents or other custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without sufficient cause, permission, or justification; or
(d) The behavior or associations of the child are otherwise injurious to his or her welfare or to the welfare of others; or
(e) The child is charged with an offense not classified as criminal, or with an offense applicable only to children; except that, the juvenile court shall not have jurisdiction over any child fifteen and one-half years of age who is alleged to have violated a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, or any child who is alleged to have violated a state or municipal ordinance or regulation prohibiting possession or use of any tobacco product;
(3) Involving any child who is alleged to have violated a state law or municipal ordinance, or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of seventeen years, in which cases jurisdiction may be taken by the court of the circuit in which the child or person resides or may be found or in which the violation is alleged to have occurred; except that, the juvenile court shall not have jurisdiction over any child fifteen and one-half years of age who is alleged to have violated a state or municipal traffic ordinance or regulation, the violation of which does not constitute a felony, or any child who is alleged to have violated a state or municipal ordinance or regulation prohibiting possession or use of any tobacco product, and except that the juvenile court shall have concurrent jurisdiction with the municipal court over any child who is alleged to have violated a municipal curfew ordinance;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to the guardianship of the department of social services as provided by law.
2. Transfer of a matter, proceeding, jurisdiction or supervision for a child or person seventeen years of age who resides in a county of this state shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party or at the discretion of the juvenile officer, the matter in the interest of a child or person seventeen years of age may be transferred by the juvenile officer, with the prior consent of the juvenile officer of the receiving court, to the county of the child's residence or the residence of the person seventeen years of age for future action;
(2) Upon the motion of any party or on its own motion prior to final disposition on the pending matter, the court in which a proceeding is commenced may transfer the proceeding of a child or person seventeen years of age to the court located in the county of the child's residence or the residence of the person seventeen years of age, or the county in which the offense pursuant to subdivision (3) of subsection 1 of this section is alleged to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which jurisdiction has been taken pursuant to subsection 1 of this section may at any time thereafter transfer jurisdiction of a child or person seventeen years of age to the court located in the county of the child's residence or the residence of the person seventeen years of age for further action with the prior consent of the receiving court;
(4) Upon motion of any party or upon its own motion at any time following a judgment of disposition or treatment pursuant to section 211.181, the court having jurisdiction of the cause may place the child or person seventeen years of age under the supervision of another juvenile court within or without the state pursuant to section 210.570, RSMo, with the consent of the receiving court;
(5) Upon motion of any child or person seventeen years of age or his or her parent, the court having jurisdiction shall grant one change of judge pursuant to Missouri Supreme Court Rules;
(6) Upon the transfer of any matter, proceeding, jurisdiction or supervision of a child or person seventeen years of age, certified copies of all legal and social documents and records pertaining to the case on file with the clerk of the transferring juvenile court shall accompany the transfer.
3. In any proceeding involving any child or person seventeen years of age taken into custody in a county other than the county of the child's residence or the residence of a person seventeen years of age, the juvenile court of the county of the child's residence or the residence of a person seventeen years of age shall be notified of such taking into custody within seventy-two hours.
4. When an investigation by a juvenile officer pursuant to this section reveals that the only basis for action involves an alleged violation of section 167.031, RSMo, involving a child who alleges to be home schooled, the juvenile officer shall contact a parent or parents of such child to verify that the child is being home schooled and not in violation of section 167.031, RSMo, before making a report of such a violation. Any report of a violation of section 167.031, RSMo, made by a juvenile officer regarding a child who is being home schooled shall be made to the prosecuting attorney of the county where the child legally resides.
478.063. In all judicial circuits of this state[, except in jurisdictions that have a family court as provided in sections 487.010 to 487.190, RSMo,] the circuit judges shall be vested with power to designate by local circuit court rule and concurred in by a majority of such judges, the division or divisions which shall be juvenile division or divisions and the classes of cases that shall be assigned to each, and may amend such rule from time to time as, in the judgment of a majority of such judges, will best serve the public interest.
[487.010. 1. There is hereby created in the circuit court of the following judicial circuits of the state, a division or divisions to be designated as provided in sections 487.010 to 487.190, which shall be the family court:
(1) Circuit number seven, consisting of the county of Clay;
(2) Circuit number thirteen, consisting of Callaway and Boone;
(3) Circuit number sixteen, consisting of the county of Jackson;
(4) Circuit number twenty-one, consisting of the county of St. Louis;
(5) Circuit number twenty-two, consisting of the city of St. Louis;
(6) Circuit number thirty-one, consisting of the county of Greene; and
(7) Any other circuit which chooses, by local court rule, to have a family court as provided in sections 487.010 to 487.190.
2. The majority of the circuit judges and associate circuit judges en banc, in the circuit, may designate, by local court rule, a family court in a county in the circuit as provided in sections 487.010 to 487.190.
3. The presiding judge of each circuit where the circuit or a county in the circuit has a family court shall designate the division or divisions of the circuit court that shall be the family court. In those circuits with split venue, a division shall be designated in each venue.
4. In each circuit having more than one division designated as the family court, the presiding judge shall designate from the divisions so designated an administrative judge of the family court.
5. In any circuit with a county with split venue, there shall be at least one circuit judge assigned to the family court for each block of one hundred sixty thousand persons, or portion of such block, based upon the latest decennial national census.
6. Notwithstanding any other provision of this chapter to the contrary, the judges of the court en banc may remove a judge from his duties as a family court judge and may assign a new judge to sit as the family court judge.]
[487.020. 1. In each circuit or a county having a family court, a majority of the circuit and associate circuit judges en banc, in the circuit, may appoint commissioners, subject to appropriations, to hear family court cases and make findings as provided for in sections 487.010 to 487.190. Any person serving as a commissioner of the juvenile division of the circuit court on August 28, 1993, shall become a commissioner of the family court. In each circuit or a county therein having a family court, a majority of the circuit and associate circuit judges en banc may appoint, in addition to those commissioners serving as commissioners of the juvenile division and becoming commissioners of the family court pursuant to the provisions of sections 487.020 to 487.040, no more than three additional commissioners to hear family court cases and make findings and recommendations as provided in sections 487.010 to 487.190. The number of additional commissioners added as a result of the provisions of sections 487.010 to 487.190 may be appointed only to the extent that the state is reimbursed for the salaries of the commissioners as provided in sections 487.010 to 487.190 or by federal or county funds or by gifts or grants made for such purposes. A commissioner shall be appointed for a term of four years. Commissioners appointed pursuant to sections 487.020 to 487.040 shall serve in addition to circuit judges, associate circuit court judges and commissioners authorized to hear actions classified under section 487.080.
2. The circuit court in the eleventh judicial circuit may, in substitution of a family court commissioner currently appointed pursuant to this section whose salary is reimbursable, appoint one family court commissioner whose compensation shall be payable by the state without necessity of reimbursement. The provisions of this subsection shall not be construed to allow appointment of a family court commissioner in addition to the number of such family court commissioners holding office in the eleventh judicial circuit as of January 1, 1999, and the appointment of the state-paid commissioner shall be subject to appropriations for such purpose.
3. Each commissioner of the family court shall possess the same qualifications as a circuit judge. The compensation and retirement benefits of each commissioner shall be the same as that of an associate circuit judge, payable in the same manner and from the same source as that of an associate circuit judge.]
[487.030. 1. The findings and recommendations of the commissioner shall become the judgment of the court when adopted and confirmed by an order of a circuit or an associate circuit judge. Notice of the findings and recommendations of the commissioner, together with a statement relative to the right to file a motion for rehearing, shall be given to the parties whose case has been heard by the commissioner, and to any other person that the court may direct. This notice may be given at the hearing, or by mail or other service directed by the court.
2. The parties to a cause of action heard by a commissioner are entitled to file with the court a motion for a hearing by a judge of the family court either within fifteen days after receiving notice of the findings of the commissioner at the hearing, or within fifteen days after the mailing, or within fifteen days after other service directed by the court. In cases in which the family court has jurisdiction pursuant to subdivision (1) of subsection 1 of section 211.031, RSMo, the juvenile officer, in addition to the parties listed above, is also entitled to file with the court a motion for a hearing by a judge of the family court within fifteen days after receiving notice of the findings of the commissioner. The judge shall promptly rule on such motion and, in his discretion, may either sustain or deny the motion, and if the motion is sustained, the judge shall set a date for a hearing. If the motion for rehearing is not ruled on within forty-five days after the motion is filed, it is denied for all purposes. In computing the forty-five days, no day shall be counted during which the court lacks power to act because of an order of a superior court.]
[487.040. 1. The administrative judge of the family court, or in circuits or counties which have a family court pursuant to subsection 2 of section 487.010 having one judge sitting as family court judge, the judge of the family court may direct that any case or class of cases may be heard by the commissioner in the manner provided for hearing of cases by law.
2. The circuit and associate circuit judges en banc may designate by order the location within the geographical jurisdiction of the court where the commissioners shall conduct hearings, provided, in circuits with split venue, one or more commissioners shall be assigned and shall conduct hearings in each venue with the exception of proceedings brought pursuant to the provisions of chapter 210, RSMo, or chapter 211, RSMo.]
[487.050. 1. To the extent feasible, judges designated as family court judges and the commissioners appointed under sections 487.020 to 487.040 shall be those who:
(1) Desire to be so assigned;
(2) Have the temperament necessary to deal properly with cases that come before the family court;
(3) Have completed, or within six months after designation or appointment complete, a course of training in family law;
(4) Attend annual continuing education courses to further training in family issues and law.
2. The qualifications contained in this section of any person designated as family court judge or appointed commissioner shall be reviewable within the superintending control vested in the supreme court and the districts of the court of appeals by article V, section 4 of the Constitution of Missouri.
3. The commissioners shall act at all times in a manner befitting a member of the bench. The commissioner shall devote full time to the duties of commissioner and shall not engage in the private practice of law.
4. A commissioner may be removed from office during a term by a majority of the circuit and associate circuit judges en banc upon proof at a hearing before such judges of crime, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency or any offense involving moral turpitude or oppression in office or unsatisfactory performance of duties.
5. Judges designated as family court judges shall serve in such capacity for a term of four years unless such judge's term is either extended at such family court judge's option or shortened with the agreement of the family court judge and the presiding judge.]
[487.060. 1. In each circuit having a family court, on approval of the majority of the circuit judges and associate circuit judges en banc, the court may employ a person to perform the functions of a family court administrator.
2. The family court administrator shall serve the function of administering the support services of the family court, provided the responsibilities and duties of the circuit clerks and the court administrators shall continue to be performed by the circuit clerk or court administrator currently vested with those responsibilities and duties. The duties of the family court administrator may include the following:
(1) To contract for or employ other personnel, including clinical psychologists, social workers, mediators, support enforcement staff and a legal staff;
(2) To oversee, supervise and administer the services of the family court, such as the ordering and preparation of home studies, mediation services, psychological services and counseling;
(3) To enter into cooperative agreements with other circuits for various court services and facilities, with the prior approval of the circuit and associate circuit judges en banc in the respective circuits. This section shall allow family court administrators, where it is efficient, to join together with other circuits that have a family court to contract for common facilities, such as detention facilities or other services for the efficient operation of the family court.
3. The salaries and benefits of personnel transferred into the family court pursuant to the provisions of sections 487.180 and 487.190 shall be funded according to the provisions of sections 487.180 and 487.190.]
[487.070. Proceedings in the family court may be in camera as directed by a judge of the family court. However, proceedings in the family court for cases brought under sections 210.817 to 210.852, RSMo, shall continue to be conducted pursuant to the provisions of sections 210.817 to 210.852, RSMo, and proceedings under chapter 211, RSMo, shall continue to be confidential as provided in chapter 211, RSMo.]
[487.080. Except as provided in section 487.130 and, notwithstanding any other provision of law to the contrary, the family court shall have exclusive original jurisdiction to hear and determine the following matters:
(1) All actions or proceedings governed by chapter 452, RSMo, including but not limited to dissolution of marriage, legal separation, separate maintenance, child custody and modification actions;
(2) Actions for annulment of marriage;
(3) Adoption actions and all actions and proceedings conducted pursuant to the provisions of chapter 453, RSMo;
(4) Juvenile proceedings and all actions as provided for in chapter 211, RSMo;
(5) Actions to establish the parent and child relationship, except actions to establish a person as an heir, devisee or trust beneficiary, and all actions provided for in chapter 210, RSMo;
(6) Actions for determination of support duties and for enforcement of support, including actions under the uniform reciprocal enforcement of support act and actions provided for in chapter 454, RSMo. Family court personnel shall not duplicate any functions performed by the division of child support enforcement or local prosecuting attorney but shall cooperate with the division of child support enforcement or the local prosecuting attorney;
(7) Adult abuse and child protection actions and all actions provided for in chapter 455, RSMo;
(8) Change of name actions;
(9) Marriage license waiting period waivers under chapter 451, RSMo.]
[487.090. 1. In criminal actions where the defendant and the victim are part of the same family unit, the judge of the division in which the criminal case is pending may only transfer such case to the family court if it is in the interests of justice to all parties, the rights of the defendant, and the interests of the family. Such transfer shall only be made when the judge of the division in which the criminal case is pending and the administrative judge of the family court approve such transfer.
2. No provision of subsection 1 of this section shall abridge any of the rights of a criminal defendant.
3. If a tort action is properly joined with any of the actions enumerated in section 487.080, the entire action shall not be within the jurisdiction of the family court but shall be assigned to and heard on a civil docket unless the parties stipulate and agree in writing that the matter may be retained in the family court.
4. The judge of the probate division may transfer a guardianship proceeding wherein a guardian of a minor is requested under chapter 475, RSMo, to the family court. If transferred, the family court shall have jurisdiction over such proceeding including the appointment of a guardian or conservator, if requested. Provided, however, upon final judgment, the proceeding shall be transferred to the probate division for administration. After final judgment, the judge of the probate division shall have ongoing authority to transfer the proceeding to the family court for additional action as may be needed to further the interests of justice.]
[487.100. In any family court case the judge or commissioner may, on the judge's or commissioner's own motion or, at the request of a party, order or recommend mediation, counseling or a home study. The costs of such mediation, counseling or home study may be assessed against any party at any time and may be taxed as court costs paid by the party against whom costs are taxed or may be paid from the family services and justice fund established pursuant to section 487.170. The amount assessed for such mediation, counseling, or home study shall be such amount as the court determines to be reasonable under the circumstances. The party's ability to pay shall be a consideration when such costs are assessed.]
[487.110. The uniform child custody jurisdiction act, as enacted in sections 452.440 to 452.550, RSMo, shall apply to all custody proceedings in the family court.]
[487.120. In the event that there is an immediate need to hear a case falling outside the exclusive original jurisdiction of the family court, and no other judge of the circuit is available to hear the matter, the presiding judge may assign a judge of the family court division of the proper venue to hear such matter, subject to split venue and other provisions of law.]
[487.130. In the event that there is an immediate need to hear a case falling within the exclusive original jurisdiction of the family court and no family court judge or commissioner is available to hear the matter, then the presiding judge may assign any judge of the proper venue in each circuit to hear such matter, subject to split venue and other provisions of law.]
[487.140. For the purpose of obtaining the maximum allowable federal financial participation funds, the family court of each circuit or a county therein with the approval of the circuit and associate circuit judges en banc may enter into a cooperative agreement with the department of social services.]
[487.150. The administrative judge of the family court, or if none, the presiding judge of each circuit having a family court division or each circuit having a family court division in a county in the circuit may appoint a family court coordinating committee, which shall meet at least quarterly and shall serve as a liaison for the professions, agencies and organizations which utilize or provide services connected with the family court. The committee may be comprised of the following:
(1) A family court judge, commissioner and administrator;
(2) Two members of the Missouri Bar who are actively engaged in the practice of family law;
(3) A representative from the division of family services;
(4) A representative from the division of youth services;
(5) Two professional counselors, psychologists or psychiatrists;
(6) A representative from a local educational institution;
(7) A representative from the general public;
(8) A representative from an organized grandparents' association; and
(9) A representative from a domestic violence coalition.]
[487.160. Any reference in the statutory laws of this state to the juvenile division of the circuit court shall be deemed to include the family court when involving matters previously within the exclusive original jurisdiction of the juvenile division if such inclusion is not in conflict with the provisions of sections 487.010 to 487.190.]
[487.180. In any jurisdiction that has a family court, all equipment, property, facilities and funds of the juvenile court division as it exists on the day prior to August 28, 1993, shall be transferred to the family court.]
[487.190. Any salary or benefits paid to an employee in a position of employment authorized by law outside the provisions of sections 487.010 to 487.190 shall continue to be paid in the same manner and from the same source as such personnel would have been paid if there had been no such transfer to the family court.]
[488.2300. 1. A "Family Services and Justice Fund" is hereby established in each county or circuit with a family court, for the purpose of aiding with the operation of the family court divisions and services provided by those divisions. In circuits or counties having a family court, the circuit clerk shall charge and collect a surcharge of thirty dollars in all proceedings falling within the jurisdiction of the family court. The surcharge shall not be charged when no court costs are otherwise required, shall not be charged against the petitioner for actions filed pursuant to the provisions of chapter 455, RSMo, but may be charged to the respondent in such actions, shall not be charged to a government agency and shall not be charged in any proceeding when costs are waived or are to be paid by the state, county or municipality.
2. In juvenile proceedings under chapter 211, RSMo, a judgment of up to thirty dollars may be assessed against the child, parent or custodian of the child, in addition to other amounts authorized by law, in informal adjustments made under the provisions of sections 211.081 and 211.083, RSMo, and in an order of disposition or treatment under the provisions of section 211.181, RSMo. The judgment may be ordered paid to the clerk of the circuit where the assessment is imposed.
3. All sums collected pursuant to this section and section 487.140, RSMo, shall be payable to the various county family services and justice funds.
4. Any moneys in the family services and justice fund not expended for salaries of commissioners, family court administrators and family court staff shall be used toward funding the enhanced services provided as a result of the establishment of a family court; however, it shall not replace or reduce the current and ongoing responsibilities of the counties to provide funding for the courts as required by law. Moneys collected for the family services and justice fund shall be expended for the benefit of litigants and recipients of services in the family court, with priority given to services such as mediation, counseling, home studies, psychological evaluation and other forms of alternative dispute-resolution services. Expenditures shall be made at the discretion of the presiding judge or family court administrative judge, as designated by the circuit and associate circuit judges en banc, for the implementation of the family court system as set forth in this section. No moneys from the family services and justice fund may be used to pay for mediation in any cause of action in which domestic violence is alleged.
5. From the funds collected pursuant to this section and retained in the family services and justice fund, each circuit or county in which a family court commissioner in addition to those commissioners existing as juvenile court commissioners on August 28, 1993, have been appointed pursuant to sections 487.020 to 487.040, RSMo, shall pay to and reimburse the state for the actual costs of that portion of the salaries of family court commissioners appointed pursuant to the provisions of sections 487.020 to 487.040, RSMo.
6. No moneys deposited in the family services and justice fund may be expended for capital improvements.]