In re D.M.M.

Full title: IN THE INTEREST OF: D.M.M.

Court: Court of Appeals of Missouri, Eastern District, First Division

Date published: Dec 13, 2022

No. ED110157 (Mo. Ct. App. Dec. 13, 2022)

Opinion

ED110157

12-13-2022

IN THE INTEREST OF: D.M.M.

Attorneys for Juvenile/Appellant: Jeffrey C. Esparza, Daniel Feldman Attorneys for Respondent: Natasha J. Hastings, Lauren R. Baruzzini, Bryan E. Wise

Sherri B. Sullivan, J.

Appeal from the Circuit Court of St. Charles County Case No: 21AD-JU00200 Honorable Rebeca Navarro-McKelvey

Attorneys for Juvenile/Appellant: Jeffrey C. Esparza, Daniel Feldman

Attorneys for Respondent: Natasha J. Hastings, Lauren R. Baruzzini, Bryan E. Wise

OPINION

Sherri B. Sullivan, J.

D.M.M. (Juvenile) appeals from the Order for Certification granting the Juvenile Office's motion to dismiss Juvenile's petition and transfer Juvenile's case from the juvenile court to a court of general jurisdiction.

AFFIRMED.

Division One Holds: The juvenile court did not abuse its discretion in admitting the certification report and testimony of the deputy juvenile officer into evidence during the certification hearing. The certification hearings under Section 211.071 RSMo 2000,¹ which are non-adjudicatory, were not included among the actions under Chapter 211 to which the legislature expressly delineated Section 490.065 would apply, thus justifying the exclusion of application of the statute to the reports and corresponding testimony required for certification hearings under Section 211.071.

1 Unless otherwise indicated, all further statutory references are to RSMo 2000 as amended.

Angela T. Quigless, P.J., and Robert M. Clayton III, J., Concur. 1