211.029. Rehearing, motion filed when — judge may sustain or deny — commissioner's finding final, when. — The minor and his parents, guardian or custodian are entitled to file with the court a motion for a hearing by a judge of the juvenile court within fifteen days after receiving notice of the findings of the commissioner. In cases in which the juvenile court has jurisdiction pursuant to subdivision (1) of subsection 1 of section 211.031, 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 juvenile 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 is denied, or if no such motion is filed, the findings and recommendations of the commissioner shall become the decree of the court when adopted and confirmed by an order of the judge. The final order of the court shall, in any event, be proof of such adoption and confirmation and also of the fact that the matter was duly referred to the commissioner.
Notes of Decisions
State ex rel. K.C. v. Gant, 661 S.W.2d 483 (Mo. 1983).
· cites it 18× “The respondent denied the request for a hearing, basing his denial of the provisions of § 211.029, RSMo Cum.Supp.1982, S.B. 512, Laws of Missouri, 1980, p.”
In Interest of R.D. v. J.D., 842 S.W.2d 560 (Mo. Ct. App. 1992).
· cites it 3× “Section 211.029, RSMo Supp.1991. However, there continues to be activity in the juvenile court in this matter.”
Kierst v. L.L., 989 S.W.2d 673 (Mo. Ct. App. 1999).
· cites it 3× “are entitled to file with the court a motion for a hearing by a judge of the juvenile court within fifteen days after receiving notice of the findings of the commissioner.”
In re in the Interest of K_W_H, 477 S.W.2d 433 (Mo. Ct. App. 1972).
· cites it 5× “” And the last statute, Section 211.029 reads: “The minor and his parents, guardian or custodian are entitled to a hearing by a judge of the juvenile court if within ten days after receiving notice of the findings of the commissioner they file a request with the court for a…”
In the Interest of T.S. v. P.S., 797 S.W.2d 837 (Mo. Ct. App. 1990).
· cites it 3× “She could have timely filed under § 211.029 (RSMo.Supp.1989) or under Rule 120.”
In the Interest of K.L.S., 119 S.W.3d 548 (Mo. Ct. App. 2003).
· cites it 4× “5 The Commissioner’s “approval” was not adopted and confirmed by a judge as provided in Section 211.029 6 and Section 453.030 and was therefore not in effect at the time the Mother filed her motion to withdraw consent to terminate her parental rights.”
Ellington v. S.R. ex rel. Aylward, 664 S.W.2d 609 (Mo. Ct. App. 1984).
· cites it 2× “Gant, Judge of the Juvenile Division pursuant to § 211.029, RSMo Supp.1980. The mother met the father of the children, M.”
In the Interest of J.S., 648 S.W.2d 634 (Mo. Ct. App. 1983).
· cites it 9× “The Juvenile Code of 1967 contained a provision identical in effect at § 211.029, RSMo.1969. However, in 1980 § 211.”
In the Interest of A_ S v. Murphy, 487 S.W.2d 589 (Mo. Ct. App. 1972).
“The child requested a rehearing pursuant to § 211.029. The court at the rehearing found the child had committed the February 15th purse snatching and immediately committed the child to the care and custody of Missouri Hills.”
In the Interest of W. W. M. ex rel. E.H., 479 S.W.2d 446 (Mo. 1972).
“The juvenile code (§ 211.029) provides that the child, his parents or guardian may request such a hearing within 10 days after the commissioner’s report and recommendation are filed, but makes no provision for this type of hearing on request of the juvenile officer.”
In Re Kls, 119 S.W.3d 548 (Mo. Ct. App. 2003).
· cites it 4× “[5] The Commissioner's "approval" was not adopted and confirmed by a judge as provided in Section 211.029 [6] and Section 453.030 and was therefore not in effect at the time the Mother filed her motion to withdraw consent to terminate her parental rights.”
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