Rule 100 - Court Organization
Rule 100.4.13 - Sealing and Destruction of Juvenile Records
1. This rule is promulgated pursuant to the authority granted this court by Supreme Court Rule 110.03 and pertains only to the destruction of juvenile records prepared and maintained under the Juvenile Code and Supreme Court Rules applicable to the Family Court division.
2. The Family Court Administrative Judge assigned to the juvenile division, by a written general order retrospective in application, may direct the destruction of all social histories, records and information, other than the official court file, relating to all cases falling within one of the following categories, if the court finds that it is in the best interest of the juvenile that such action be taken.
All cases in which the juvenile has reached at least his eighteenth birthday and the only action taken was informal adjustment (consent supervision), dismissal of the petition, or courtesy supervision for another jurisdiction within or without the state and the case has been closed.
All cases in which the juvenile has reached at least his twenty-first birthday; provided, however, if the court has ordered termination of a parent's rights, or, at sometime during the proceedings, the court has sustained an allegation of child abuse, such destruction shall not be ordered unless the case has been closed for ten (10) years or more.
3. Nothing in this rule shall preclude the Family Court Administrative Judge from entering an order pursuant to Supreme Court Rule 122.04 and Section 211.321 RSMo.
4. The Court Administrator shall administer the destruction and sealing of all records ordered by the court pursuant to this rule or pursuant to Supreme Court Rule 122.04 and Section 211.321 RSMo and shall make and keep the record of each such case indicating the juvenile's name, petition number(s), life number, type of case (e.g. child abuse), the date of destruction and the person doing the actual destruction. The Court Administrator shall also notify or cause to be notified all law enforcement agencies whose records have been ordered sealed.
5. An official court file ordered sealed pursuant to Supreme Court Rule 122.04 and Section 211.213.3 RSMo shall be enclosed within a separate envelop and sealed in such a manner that it cannot be opened without destroying the seal. The only information to be placed upon such envelop shall be the date sealed, the juvenile's name, petition number and life number and the following inscription: TO BE OPENED ONLY BY WRITTEN ORDER OF THE FAMILY COURT ADMINISTRATIVE JUDGE.
Adopted 11/18/05
Effective 12/18/05