Missouri

Delinquency proceedings: Members of the public generally are excluded from juvenile court proceedings except for people with a direct interest in the case or in the work of the court. Public access is allowed, however, in those delinquency proceedings in which the juvenile is accused of conduct that would be a class A or B felony if committed by an adult or conduct that would be a class C felony if committed by an adult and the juvenile previously has been adjudicated delinquent at least twice for conduct that would be any-level felony if committed by an adult. Mo. Ann. Stat. § 211.171 (West 2012). Where there is a right of public access to a delinquency proceeding given the juvenile’s alleged crime, the statute does not limit such access to a particular phase of the proceedings but provides for access to the entire case, including a transfer hearing. State ex rel. St. Louis Post-Dispatch, LLC v. Garvey, 179 S.W.3d 899, 901 (Mo. 2005).

Delinquency records: Records of juvenile delinquency proceedings are not open for public inspection except by court order to people with a legitimate interest in the records. But the records are open if the juvenile is charged with an offense which would be a class A felony if committed by an adult or capital, first- or second-degree murder. Moreover, after a child has been adjudicated delinquent for an offense which would be a class A felony if committed by an adult, the records related to the proceeding are open to the public to the same extent that records of criminal proceedings are open to the public. The juvenile officer is authorized to publicly disclose information about the juvenile’s alleged offense, the substance of the petition, the status of proceedings in the juvenile court and any other information that does not specifically identify the child or the child’s family. Law enforcement records, however, are not open to public inspection unless by court order. But this rule of confidentiality does not apply to police records in cases where the juvenile is charged as an adult or convicted of serious offenses. Mo. Ann. Stat. § 211.321.

Dependency proceedings: Hearings conducted in any proceeding involving a juvenile who is alleged to be in need of care and treatment or involving the termination of parental rights are open to the public except during the testimony of any juvenile or victim. By request of a party or guardian ad litem, the court may close or partially close a hearing to the public if it finds that closure: 1) is in the best interests of the juvenile; 2) will protect the physical or emotional well-being of the juvenile or the safety of any other person; 3) will promote the integrity of the fact-finding process; or 4) will protect the privacy of the juvenile or a sibling, foster or adoptive parents, foster care institutions or any other person or institution providing care for the juvenile. A court also may exclude or partially exclude any person from a hearing for good cause, exceptional circumstances or where exclusion will serve the best interests of the juvenile. The public is prohibited from making any video or audio recordings of a hearing or photographing any party or witness during a hearing. After a dependency hearing is over, the juvenile officer, attorney for the juvenile officer, children’s division, attorney for the children’s division, guardian ad litem or court-appointed special advocate may provide, but is not limited to providing, the following information about the hearing: 1) the nature of the case, i.e., abuse or neglect; 2) the result or outcome of the hearing; and 3) the next hearing date. Id. § 211.319; Mo. Juv. Ct. R. 122.01.

Dependency records: Pleadings and court orders in proceedings involving a juvenile who is alleged to be in need of care and treatment or involving the termination of parental rights begun on Jan. 1, 2006, or later are open to the public, although the identity of any child involved, except the perpetrator, as well as identifying information about foster or adoptive parents or other people providing care to the juvenile and a reporter of child abuse will be redacted. Medical reports, psychological or psychiatric evaluations, investigative reports of the children’s division, social histories, home studies, police reports and law enforcement records and other records and reports deemed confidential by law are not available for public inspection, and only people whom the court deems to have a legitimate interest in the records will be allowed access to them. In deciding whether a person has a legitimate interest in the records, the court will consider the nature of the proceedings, the welfare and safety of the public and the interest of any child involved. The court may prohibit public access to specific pleadings and court orders after an opportunity for argument and a finding of exceptional circumstances. Publicly available pleadings and court orders are available for inspection and copying during regular business hours, but the public will not have access to files or records maintained in electronic format in court information systems because neither the courts nor the office of court administration is required to modify electronic information systems to comply with this right of public access. Mo. Ann. Stat. § 211.319; Mo. Juv. Ct. R. 122.02. The director of the state Department of Social Services, after a review of the potential harm to other children in the immediate family, may release findings or information about cases that resulted in the death or near death of a child. Mo. Ann. Stat. § 210.150.

Restrictions on coverage: Missouri law allows victims under 17 years old to testify about child or sexual abuse or violent crimes such as murder, assault or kidnapping outside the presence of the defendant if the court finds that the child would suffer such significant psychological or emotional trauma from testifying before the defendant that the child would be unable to testify. The statute does not specify whether the media and public are allowed to remain in the courtroom during this testimony. Mo. Ann. Stat. §§ 491.678—.680. The state Supreme Court’s rules governing media coverage of judicial proceedings prohibit the recording and photographing of juveniles who participate in a trial court proceeding and request such a restriction. But with the judge’s permission members of the news media may record and photograph a juvenile who is being prosecuted as an adult. Mo. Sup. Ct. Op. R. 16.02—.03.