Rule 113.01 - Style and Content of Petitiona. The petition shall be entitled, "In the Interest of ____, (Male) (Female), Date of Birth ____."b. The petition may be filed upon information and belief and shall set forth plainly, concisely, and with reasonable particularity: (1) the full name, birth date, and residence of the juvenile in whose interest the petition is filed;(2) the name and residence of: (A) the juvenile's parents;(B) the juvenile's legal guardian, if there is one; (C) any person or agency with custody of the juvenile; (D) the juvenile's nearest known relative, if no parent or guardian can be found; and(E) the juvenile's spouse, if there is one; (3) the facts that bring the juvenile within the jurisdiction of the court, including the date, place and manner of the acts alleged, and the law or standard of conduct, if any, allegedly violated by the acts; and(4) any other pertinent data or information. c. The petition shall be filed with the clerk. Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 113.01
Adopted May 20, 2009, eff. 1/1/2010.Comment
This Rule 113.01 generally follows section 211.091, RSMo, in specifying the form and content of the petition. However, the rule requires that the date of birth and sex of the juvenile appear in the caption and that the facts bringing the juvenile within the jurisdiction of the court be more clearly specified than required in section 211.091, RSMo. Additionally, the rule provides that the petition may be filed upon the information and belief of the juvenile officer.
A petition alleging a violation of subdivision (3) of subsection 1 of section 211.031, RSMo, shall state the alleged offense substantially in the form of the Missouri Approved Charges-Criminal. If there is no applicable approved charge, the juvenile officer shall make certain that, in stating the alleged offense, the petition includes all elements of the offense charged.
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