211.319. Juvenile court records and proceedings, abuse and neglect cases, procedure.
Juvenile court records and proceedings, abuse and neglect cases,procedure.
211.319. 1. On or before July 1, 2005, all juvenile courtproceedings conducted pursuant to subdivision (1) of subsection 1 ofsection 211.031 and for termination of parental rights cases pursuant tosections 211.442 to 211.487 initiated by a juvenile officer or the divisionshall be open to the public; except that, when the parent has consented inwriting to the termination of his or her parental rights in conjunctionwith a placement with a licensed child-placing agency under subsection 6 ofsection 453.010, RSMo, the hearing shall be closed. The court, on its ownmotion, may exclude for good cause shown any person or persons from theproceedings to protect the welfare and best interests of the child and forexceptional circumstances. Any party to a juvenile court proceedingreferred to in this subsection, except the state, may file a motionrequesting that the general public be excluded from the proceeding or anyportion of the proceeding. Upon the filing of such motion, the court shallhear arguments by the parties, but no evidence, and shall make adetermination whether closure is in the best interest of the parties orwhether it is in the public interest to deny such motion. The court shallmake a finding on the record when a motion to close a hearing pursuant tothis section is made and heard by the court.
2. Notwithstanding the provisions of subsection 1 of this section,the general public shall be excluded from all juvenile court proceedingsreferred to in subsection 1 of this section during the testimony of anychild or victim and only such persons who have a direct interest in thecase or in the work of the court will be admitted to the proceedings.
3. For juvenile court proceedings described in subsection 1 of thissection, pleadings and orders of the juvenile court other than confidentialfiles and those specifically ordered closed by the juvenile court judgeshall be open to the general public. For purposes of this section,"confidential file" means all other records and reports considered closedor confidential by law, including but not limited to medical reports,psychological or psychiatric evaluations, investigation reports of thechildren's division, social histories, home studies, and police reports andlaw enforcement records. Only persons who are found by the court to have alegitimate interest shall be allowed access to confidential or closedfiles. In determining whether a person has a legitimate interest, thecourt shall consider the nature of the proceedings, the welfare and safetyof the public, and the interest of any child involved.
4. For records made available to the public pursuant to this section:
(1) The identity of any child involved except the perpetrator shallnot be disclosed and all references in such records to the identity of anychild involved except the perpetrator shall be redacted prior to disclosureto the public; and
(2) All information that may identify or lead to the disclosure ofthe identity of a reporter of child abuse under sections 210.109 to210.183, RSMo, and section 352.400, RSMo, shall not be disclosed to thepublic.
5. The provisions of this section shall apply to juvenile courtproceedings and records specified in this section in which the initialpleadings are filed on or after July 1, 2005.
(L. 2004 H.B. 1453, A.L. 2007 S.B. 84)