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MISSOURI STATUTES AND CODES

211.459. Dispositional hearing, when held--procedure--immunity for certain persons--privileged communication not to constitute grounds for excluding evidence.

Dispositional hearing, when held--procedure--immunity for certainpersons--privileged communication not to constitute grounds forexcluding evidence.

211.459. 1. Within thirty days after the juvenile officerand the court have met pursuant to section 211.455, the courtshall hold the dispositional hearing where the juvenile officerand any person on whom summons and the petition were served shallhave the right and power to subpoena witnesses and presentevidence. The court may require any and all investigatingdivision personnel connected with the particular case to testifywithout privilege and subject to the rules of cross-examination.Such witnesses shall receive as compensation the witness fee andmileage provided in civil cases.

2. Stenographic notes or an authorized recording of thehearing shall be required as in civil actions in the circuitcourt.

3. Any person, official or institution participating in goodfaith in the making of a report, the taking of photographs or themaking of radiological examinations pursuant to sections 210.110to 210.165, RSMo, or the removal or retention of a child pursuantto sections 210.110 to 210.165, RSMo, shall have immunity fromall civil liability which might arise by reason of such actions.All such persons, officials and institutions shall have the sameimmunity with respect to participation in any judicial proceedingresulting from a report made pursuant to sections 210.110 to210.165, RSMo.

4. No legally recognized privileged communication, exceptthat between priest, minister, or rabbi and parishioner, andattorney client, shall constitute grounds for excluding evidenceat any proceeding for the termination of parental rights.

(L. 1985 H.B. 366, et al.)

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