Section 39 Reports ofJuvenileOfficer

• Library: Juvenile Law 2011

The law clearly requires that juvenile officers prepare reports, in writing, that set forth the results of their investigations and social studies. Section 211.401, RSMo 2000; Rule 118.01 & cmt. The law is less clear on whether those reports may be considered by the juvenile court at the dispositional hearing over the objection of a party.

In the context of dissolution proceedings, custody study reports
prepared in accordance with § 452.390, RSMo 2000, have traditionally been held to be inadmissible hearsay. In re Marriage of Cavitt, 564 S.W.2d 53 (Mo. App. E.D. 1978); Sanfilippo v. Sanfilippo, 637 S.W.2d 77 (Mo. App. E.D. 1982). But § 452.390 differs from analogous sections in the Juvenile Code, Chapter 211, RSMo. Nowhere does § 452.390 specifically require the court to consider written reports...