MANAGEMENT STAFF:
Mary A. Marquez, Director
mmarquez@courts.mo.gov
(816) 435-4886

William R. Jackson, III, Asst. Director
wjackson@courts.mo.gov
(816) 435-4725

Pamela DeForest, Trial Team Leader—Juvenile Delinquencies and Status Offenses
pdeforest@courts.mo.gov
(816) 435-4725

Nancy Melton, Trial Team Leader—Child Abuse/Neglect and Permanency
nmelton@courts.mo.gov
(816) 435-4725

Donald Anderson, Paralegal Coordinator
danderson@courts.mo.gov
(816) 435-4725

The Mission of Legal Services is to represent the Juvenile Officer in a professional and ethical manner furthering the Juvenile Officer’s mission, including protecting children and promoting community safety and well-being, within the boundaries of legal requirements.

GENERAL PRINCIPLES OF OPERATION:

The Juvenile Officer has adopted guidelines for the filing of child dependency cases and charging guidelines for delinquency and status cases. At the core of these guidelines is the recognition that the prosecution of child dependency, status and delinquency cases is only a part of the overall child welfare and/or juvenile justice systems. Each agency, within statutorily defined areas, must operate independently yet cooperatively within those systems.

Some of the general principles of operation are:

1. Investigations of delinquent behavior are solely the responsibility of the law enforcement agency that has jurisdiction over the offense. The Missouri Children’s Division in conjunction with the appropriate law enforcement agency, if necessary, is the agency responsible for the investigation of child abuse/neglect matters.
2. The basis for intervention in all matters begins with a legal analysis of whether sufficient, competent evidence exists to meet the necessary standard of proof required under the law.
   
3. The development of protocols with other agencies regarding the investigation and prosecution of offenses is key to constructive relationships that effectively serve the community’s interest in addressing both child abuse/neglect and juvenile crime.
4. The interests and protection of the community and its citizens, including its children, must be carefully balanced against any individual’s interests. The focus of juvenile court is the rehabilitation or habilitation of children and families and when possible and safe for the child and/or the community, children are best cared for by their own families.
5. Victims of offenses, whether they are adults or children, deserve to be treated with dignity and respect and to be kept informed of the Juvenile Officer’s filing and prosecution decisions and the reason for those decisions.

SERVICES PROVIDED TO THE JUVENILE OFFICER:

Delinquency Intake

The review of delinquent offenses by the Juvenile Officer’s attorneys is the same as prosecuting attorneys reviewing criminal charges for adult suspects. Law enforcement agencies submit cases for review to the Juvenile Officer’s attorneys who then decide whether sufficient, competent evidence exists to prove beyond a reasonable doubt that the juvenile in question committed the offense.

The attorney, as the Warrant Officer, reviews law enforcement’s investigative reports and determined the appropriate charge under the facts presented in the police reports. Sometimes law enforcement officers apprehend juvenile suspects and bring them directly to the office of the Juvenile Officer at the detention center. If the juveniles are brought into the detention center an attorney for the Juvenile Officer reviews the police reports to determine whether there is legal sufficiency to file charges and detain the juvenile. If such evidence exists, a risk analysis is completed by screening officers regarding whether the protection of the community requires secure detainment or restrictions while the juvenile remains at home pending trial. If so, the attorney requests an ex parte order of detainment from a judge. If the judge orders secure detention or home detention, a detention hearing is held within 72 hours of the judge’s order. The hearing is required so that the judge can hear from the juvenile and juvenile’s attorney and the Juvenile Officer regarding the need for continued detainment.

Underlying the prosecution of delinquency cases is the Juvenile Officer’s recognition that community safety and offender accountability are keys to rehabilitation. Prosecution, which includes the use of appropriate diversion programs, can be used to both protect the community and to hold the juvenile accountable.

Some charges require, by state law, a hearing to determine whether the juvenile should be tried as an adult rather than a juvenile. The Juvenile Officer also has the discretion to pursue certification for any felony offense committed by a juvenile age 12 years or older if the Juvenile Officer believes it to be appropriate.

Emergency intake for juveniles taken into custody and delivered to the detention facility is available 24 hours a day, 7 days a week.

Child Abuse/Neglect Intake

An attorney assigned to act as the Warrant Officer for the child abuse/neglect matters reviews all requests from The Missouri Children’s Division and/or law enforcement agencies for court intervention of children alleged to have been abused and/or neglected by their parents or other caretakers. The attorney also reviews requests for the temporary protective custody (emergency removal) of children due to allegations of child abuse and neglect. In most cases, requests for emergency removal of children come from The Missouri Children’s Division or law enforcement agency.

If the Warrant Officer believes there is sufficient, competent evidence of abuse or neglect and the Missouri Children’s Division or a law enforcement agency requests temporary protective custody over the child, then the Juvenile Officer can authorize temporary protective custody over the child for up to 24 hours. The Juvenile Officer’s attorney will then seek an ex parte order of protective custody from a judge. See the Case Management Child Abuse/Neglect for more information regarding time frames for hearings and events.

TRIAL TEAMS

The attorneys in Legal Services practice horizontal prosecution under the supervision of trial team leaders. After the intake attorneys file the petitions the cases are assigned to attorneys who actually litigate the cases. Each team is supervised by one trial team leader and consists of staff attorneys, paralegals, and secretarial support.

There are three teams that prosecute:

Child Protection Matters– Abuse/Neglect;
Permanency Matters—Review hearings, permanency planning hearings and termination of parental rights cases;
Juvenile Delinquencies.

OTHER RESPONSIBILITIES

In all matters filed by the Juvenile Officer, the attorneys serve as the prosecuting attorneys to the Juvenile Officer’s deputies and staff regarding specific legal issues that may arise in the prosecution of individual cases.

Legal Services’ attorneys also represent the Juvenile Officer in a number of community collaboratives intended to enhance the prosecution of delinquency and child abuse/neglect matters. Among them are the Jackson County Child Protection Center Governance Group, the Jackson County Child Fatality Review Panel, and a number of ad hoc committees dedicated to improving the process of investigating and prosecuting both child abuse/neglect matters and delinquency offenses. While the attorneys in Legal Services do not provide legal services to the Missouri Children’s Division, law enforcement agencies or the general public, the attorneys serve as a general resource for public agencies in juvenile law.

TRAINING

As part of the department’s commitment to public service, attorneys and others are available to conduct training for law enforcement agencies, social welfare agencies, public and private schools, neighborhood and community associations, religious organizations and institutions, media, and any interested community groups or organizations, in the areas of juvenile delinquency and child welfare practice and procedure.

There are no fees for the professionals which conduct training. Agencies and organizations will be asked to cover all ancillary costs related to providing a training location or refreshments if the agency elects to provide such.

Please contact Mary A. Marquez at mmarquez@courts.mo.gov or (816) 435-4886 to arrange for any training.

OPERATIONAL HOURS AND CONTACT INFORMATION

Normal operational hours are Monday through Friday; 8:00 a.m. to 5:00 p.m. Emergency and on-call procedures are enacted during official court holidays, evenings, nights and weekends.

The Screening Office is located within the secure doors at the entrance of the detention facility within the Family Justice Center, 625 E. 26th Street, Kansas City, Missouri 64108. The Screening Office number is (816) 435-4801. Emergency calls during off-hours can also be placed to the Detention Facility at (816 ) 435-4700.

Management, trial team leader attorneys and staff attorneys can be reached at (816) 435-4725. Counsel practicing in the Family Court Division – Juvenile can access practice “tips” prepared by the Juvenile Officer’s attorneys for interacting with the attorneys at www.family-court.org.