Missouri Statute | Act | Code |Public Health And Welfare| US Code - US Statute

The purpose of this chapter is to facilitate the care,
protection and discipline of children who come within the jurisdiction of
the juvenile court. This chapter shall be liberally construed, therefore,
to the end that each child coming within the jurisdiction of the juvenile
court shall receive such care, guidance and control as will conduce to
the child's welfare and the best interests of the state, and that when
such child is removed from the control of his parents the court shall
secure for him care as nearly as possible equivalent to that which should
have been given him by them. The child welfare policy of this state is
what is in the best interests of the child. (L. 1957 p. 642 § 211.010,
A.L. 1995 H.B. 232 & 485 merged with S.B. 174)

(1968) Procedure of juvenile court which resulted in commitment to state
training school did not violate constitutional protection as set forth by
U.S. Supreme Court in the case of application of Gault. Ex parte de Grace
(A.), 425 S.W.2d 228.

(1972) Missouri's Juvenile Act is rooted in the concept of parens patriae
and the functions of a juvenile officer and a prosecuting attorney are so
inherently conflicting that proper administration of the Juvenile Act
does not allow these functions to be exercised by a person holding both
offices. Thus, juvenile court, located in county in judicial circuit
comprised only of counties of the third class, was without jurisdiction
to proceed on petition filed by such juvenile officer. In re F_______
C_______(A.), 484 S.W.2d 21.

(1977) Jurisdiction of divorce or dissolution of marriage remains in
circuit court where it was filed but jurisdictions of cause as it relates
to child custody may in some instances be superseded by juvenile court.
Ex parte J.A.P. (A.), 546 S.W.2d 806.

As used in this chapter, unless the context clearly requires
otherwise:

(1) "Adult" means a person seventeen years of age or older;

(2) "Child" means a person under seventeen years of age;

(3) "Juvenile court" means the juvenile division or divisions of the
circuit court of the county, or judges while hearing juvenile cases
assigned to them;

(4) "Legal custody" means the right to the care, custody and control of a
child and the duty to provide food, clothing, shelter, ordinary medical
care, education, treatment and discipline of a child. Legal custody may
be taken from a parent only by court action and if the legal custody is
taken from a parent without termination of parental rights, the parent's
duty to provide support continues even though the person having legal
custody may provide the necessities of daily living;

(5) "Parent" means either a natural parent or a parent by adoption and if
the child is illegitimate, "parent" means the mother;

(6) "Shelter care" means the temporary care of juveniles in physically
unrestricting facilities pending final court disposition. These
facilities may include:

(a) "Foster home", the private home of foster parents providing
twenty-four-hour care to one to three children unrelated to the foster
parents by blood, marriage or adoption;

(b) "Group foster home", the private home of foster parents providing
twenty-four-hour care to no more than six children unrelated to the
foster parents by blood, marriage or adoption;

(c) "Group home", a child care facility which approximates a family
setting, provides access to community activities and resources, and
provides care to no more than twelve children. (L. 1957 p. 642 § 211.020,
A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497)

(1979) Statutory enactment readopting discriminatory language which
exempts fathers of illegitimate children from definition of "parent", but
not limited to the purpose of annulling juvenile court rule that changed
definition of "parent", did not annul or amend court rule. Miller v.
Russell (A.), 593 S.W.2d 598.

(1979) The enforcement of support obligation from both parents may not be
limited in the case of an illegitimate child to exclude accountability by
the father and any statutory provision or construction treating
legitimate and illegitimate children unequally violates the right to
equal protection. Miller v. Russell (A.), 593 S.W.2d 598.

In each county of the first class having a charter form of
government, except those counties having a family court as provided in
sections 487.010 to 487.190, RSMo, a majority of the circuit judges, en
banc, may appoint one or two persons who shall have the same
qualifications as a circuit judge to act as commissioners. The
commissioners shall be appointed for a term of four years. The
compensation of a commissioner shall be the same as set by law for
associate circuit judges of the county for which they are appointed,
payable by the state, and the commissioners shall devote full time to
such duties. (L. 1967 p. 332 § 1, A.L. 1972 H.B. 1331, A.L. 1973 H.B.
668, A.L. 1977 S.B. 121, A.L. 1978 H.B. 1634, A.L. 1982 S.B. 497, A.L.
1993 H.B. 346)

Revisor's note: Salary adjustment index is printed, as required by §
476.405, in Appendix D.

The judge of the juvenile court may direct that any case shall
be heard in the first instance by a commissioner in the manner provided
for the hearing of cases by the court. (L. 1967 p. 332 § 2, A.L. 1980
S.B. 512)

Upon the conclusion of the hearing in each case the commissioner
shall transmit to the judge all papers relating to the case, together
with his findings and recommendations in writing. Notice of the findings
of the commissioner, together with a statement relative to the right to
file a motion for rehearing, shall be given to the minor, parents,
guardian or custodian of the minor whose case has been heard by the
commissioner, and to any other person that the court may direct. This
notice may be given at the hearing, or by certified mail or other service
directed by the court. (L. 1967 p. 332 § 3, A.L. 1980 S.B. 512)

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. (L. 1967 p.
332 § 4, A.L. 1980 S.B. 512, A.L. 1989 H.B. 502, et al.)

1. Except as otherwise provided in this chapter, the juvenile
court or the family court in circuits that have a family court as
provided in sections 487.010 to 487.190, RSMo, shall have exclusive
original jurisdiction in proceedings:

(1) Involving any child or person seventeen years of age who may be a
resident of or found within the county and who is alleged to be in need
of care and treatment because:

(a) The parents, or other persons legally responsible for the care and
support of the child or person seventeen years of age, neglect or refuse
to provide proper support, education which is required by law, medical,
surgical or other care necessary for his or her well-being; except that
reliance by a parent, guardian or custodian upon remedial treatment other
than medical or surgical treatment for a child or person seventeen years
of age shall not be construed as neglect when the treatment is recognized
or permitted pursuant to the laws of this state;

(b) The child or person seventeen years of age is otherwise without
proper care, custody or support; or

(c) The child or person seventeen years of age was living in a room,
building or other structure at the time such dwelling was found by a
court of competent jurisdiction to be a public nuisance pursuant to
section 195.130, RSMo;

(d) The child or person seventeen years of age is a child in need of
mental health services and the parent, guardian or custodian is unable to
afford or access appropriate mental health treatment or care for the
child;

(2) Involving any child who may be a resident of or found within the
county and who is alleged to be in need of care and treatment because:

(a) The child while subject to compulsory school attendance is repeatedly
and without justification absent from school; or

(b) The child disobeys the reasonable and lawful directions of his or her
parents or other custodian and is beyond their control; or

(c) The child is habitually absent from his or her home without
sufficient cause, permission, or justification; or

(d) The behavior or associations of the child are otherwise injurious to
his or her welfare or to the welfare of others; or

(e) The child is charged with an offense not classified as criminal, or
with an offense applicable only to children; except that, the juvenile
court shall not have jurisdiction over any child fifteen and one-half
years of age who is alleged to have violated a state or municipal traffic
ordinance or regulation, the violation of which does not constitute a
felony, or any child who is alleged to have violated a state or municipal
ordinance or regulation prohibiting possession or use of any tobacco
product;

(3) Involving any child who is alleged to have violated a state law or
municipal ordinance, or any person who is alleged to have violated a
state law or municipal ordinance prior to attaining the age of seventeen
years, in which cases jurisdiction may be taken by the court of the
circuit in which the child or person resides or may be found or in which
the violation is alleged to have occurred; except that, the juvenile
court shall not have jurisdiction over any child fifteen and one-half
years of age who is alleged to have violated a state or municipal traffic
ordinance or regulation, the violation of which does not constitute a
felony, and except that the juvenile court shall have concurrent
jurisdiction with the municipal court over any child who is alleged to
have violated a municipal curfew ordinance, and except that the juvenile
court shall have concurrent jurisdiction with the circuit court on any
child who is alleged to have violated a state or municipal ordinance or
regulation prohibiting possession or use of any tobacco product;

(4) For the adoption of a person;

(5) For the commitment of a child or person seventeen years of age to the
guardianship of the department of social services as provided by law.

2. Transfer of a matter, proceeding, jurisdiction or supervision for a
child or person seventeen years of age who resides in a county of this
state shall be made as follows:

(1) Prior to the filing of a petition and upon request of any party or at
the discretion of the juvenile officer, the matter in the interest of a
child or person seventeen years of age may be transferred by the juvenile
officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the
person seventeen years of age for future action;

(2) Upon the motion of any party or on its own motion prior to final
disposition on the pending matter, the court in which a proceeding is
commenced may transfer the proceeding of a child or person seventeen
years of age to the court located in the county of the child's residence
or the residence of the person seventeen years of age, or the county in
which the offense pursuant to subdivision (3) of subsection 1 of this
section is alleged to have occurred for further action;

(3) Upon motion of any party or on its own motion, the court in which
jurisdiction has been taken pursuant to subsection 1 of this section may
at any time thereafter transfer jurisdiction of a child or person
seventeen years of age to the court located in the county of the child's
residence or the residence of the person seventeen years of age for
further action with the prior consent of the receiving court;

(4) Upon motion of any party or upon its own motion at any time following
a judgment of disposition or treatment pursuant to section 211.181, the
court having jurisdiction of the cause may place the child or person
seventeen years of age under the supervision of another juvenile court
within or without the state pursuant to section 210.570, RSMo, with the
consent of the receiving court;

(5) Upon motion of any child or person seventeen years of age or his or
her parent, the court having jurisdiction shall grant one change of judge
pursuant to Missouri Supreme Court Rules;

(6) Upon the transfer of any matter, proceeding, jurisdiction or
supervision of a child or person seventeen years of age, certified copies
of all legal and social documents and records pertaining to the case on
file with the clerk of the transferring juvenile court shall accompany
the transfer.

3. In any proceeding involving any child or person seventeen years of age
taken into custody in a county other than the county of the child's
residence or the residence of a person seventeen years of age, the
juvenile court of the county of the child's residence or the residence of
a person seventeen years of age shall be notified of such taking into
custody within seventy-two hours.

4. When an investigation by a juvenile officer pursuant to this section
reveals that the only basis for action involves an alleged violation of
section 167.031, RSMo, involving a child who alleges to be home schooled,
the juvenile officer shall contact a parent or parents of such child to
verify that the child is being home schooled and not in violation of
section 167.031, RSMo, before making a report of such a violation. Any
report of a violation of section 167.031, RSMo, made by a juvenile
officer regarding a child who is being home schooled shall be made to the
prosecuting attorney of the county where the child legally resides. (L.
1957 p. 642 § 211.030, A.L. 1976 S.B. 511, A.L. 1980 S.B. 512, A.L. 1983
S.B. 368, A.L. 1989 H.B. 502, et al., A.L. 1990 H.B. 1030, A.L. 1991 H.B.
202 & 364, A.L. 1993 H.B. 346, A.L. 1999 S.B. 1, et al., A.L. 2002 S.B.
923, et al., A.L. 2004 H.B. 1453 merged with S.B. 945 and S.B. 803 & 1257
merged with S.B. 1211, A.L. 2005 H.B. 353)

1. Except as otherwise provided in a circuit participating in a
pilot project established by the Missouri supreme court, when a child or
person seventeen years of age, alleged to be in need of care and
treatment pursuant to subdivision (1) of subsection 1 of section 211.031,
is taken into custody, the juvenile or family court shall notify the
parties of the right to have a protective custody hearing. Such
notification shall be in writing.

2. Upon request from any party, the court shall hold a protective custody
hearing. Such hearing shall be held within three days of the request for
a hearing, excluding Saturdays, Sundays and legal holidays. For circuits
participating in a pilot project established by the Missouri supreme
court, the parties shall be notified at the status conference of their
right to request a protective custody hearing.

3. No later than February 1, 2005, the Missouri supreme court shall
require a mandatory court proceeding to be held within three days,
excluding Saturdays, Sundays, and legal holidays, in all cases under
subdivision (1) of subsection 1 of section 211.031. The Missouri supreme
court shall promulgate rules for the implementation of such mandatory
court proceedings and may consider recommendations from any pilot
projects established by the Missouri supreme court regarding such
proceedings. Nothing in this subsection shall prevent the Missouri
supreme court from expanding pilot projects prior to the implementation
of this subsection.

4. The court shall hold an adjudication hearing no later than sixty days
after the child has been taken into custody. The court shall notify the
parties in writing of the specific date, time, and place of such hearing.
If at such hearing the court determines that sufficient cause exists for
the child to remain in the custody of the state, the court shall conduct
a dispositional hearing no later than ninety days after the child has
been taken into custody and shall conduct review hearings regarding the
reunification efforts made by the division every ninety to one hundred
twenty days for the first year the child is in the custody of the
division. After the first year, review hearings shall be held as
necessary, but in no event less than once every six months for as long as
the child is in the custody of the division.

5. At all hearings held pursuant to this section the court may receive
testimony and other evidence relevant to the necessity of detaining the
child out of the custody of the parents, guardian or custodian.

6. By January 1, 2005, the supreme court shall develop rules regarding
the effect of untimely hearings.

7. If the placement of any child in the custody of the children's
division will result in the child attending a school other than the
school the child was attending when taken into custody:

(1) The child's records from such school shall automatically be forwarded
to the school that the child is transferring to upon notification within
two business days by the division; or

(2) Upon request of the foster family, the guardian ad litem, or the
volunteer advocate and whenever possible, the child shall be permitted to
continue to attend the same school that the child was enrolled in and
attending at the time the child was taken into custody by the division.
The division, in consultation with the department of elementary and
secondary education, shall establish the necessary procedures to
implement the provisions of this subsection. (L. 1995 S.B. 174, A.L. 2004
H.B. 1453)

Effective 7-1-04

No person under the age of seventeen years, except those
transferred to the court of general jurisdiction under the provisions of
section 211.071 shall be detained in a jail or other adult detention
facility as that term is defined in section 211.151. A traffic court
judge may request the juvenile court to order the commitment of a person
under the age of seventeen to a juvenile detention facility. (L. 1989
S.B. 163 § 1)

If a child under the age of eighteen is released from the
custody of the division of family services and after such release it
appears that it would be in such child's best interest to have his
custody returned to the division of family services, the juvenile
officer, the division of family services or the child may petition the
court to return custody of such child to the division until the child is
eighteen years of age. (L. 1989 H.B. 502, et al.)

1. For purposes of proceedings and investigations conducted
pursuant to this chapter, children shall be promptly returned to the care
and custody of a nonoffending parent entitled to physical custody of the
child if:

(1) The parents have continuously maintained joint domicile for a period
of at least six months prior to the alleged incident or the parents are
maintaining separate households; and

(2) A preponderance of the evidence indicates that only one of the
parents is the subject of an investigation of abuse or neglect; and

(3) The nonoffending parent does not have a history of criminal behavior,
drug or alcohol abuse, child abuse or child neglect, domestic violence,
or stalking within the past five years; and

(4) The parents are maintaining joint domicile and the offending parent
is removed from the home voluntarily or involuntarily, or the parents
live separately and the child is removed from the home of the offending
parent; and

(5) A nonoffending parent requests custody of the child and agrees to
cooperate with any orders of the court limiting contact or establishing
visitation with the offending parent and the nonoffending parent complies
with such orders. When the parents maintain joint domicile or comply with
court-ordered visitation, there shall be a rebuttable presumption that
the nonoffending parent has not committed any violation of section
568.030, 568.032, 568.045, 568.050, or 568.060, RSMo, or has not engaged
in any conduct that would constitute child abuse or neglect under chapter
210, RSMo. In order to rebut the presumption there must be a finding of
actual harm or endangerment to the child if the child is placed in the
custody of the nonoffending parent.

2. Nothing in this section shall prevent the division or the court from
exercising its discretion to return a child or children to the custody of
any individual. (L. 2004 H.B. 1453 § 1, A.L. 2005 H.B. 568)

1. A child under the jurisdiction of the juvenile court shall
not be reunited with a parent or placed in a home in which the parent or
any person residing in the home has been found guilty of, or pled guilty
to, any of the following offenses when a child was the victim:

(1) A felony violation of section 566.030, 566.032, 566.040, 566.060,
566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,
566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;

(2) A violation of section 568.020, RSMo;

(3) A violation of subdivision (2) of subsection 1 of section 568.060,
RSMo;

(4) A violation of section 568.065, RSMo;

(5) A violation of section 568.080, RSMo;

(6) A violation of section 568.090, RSMo; or

(7) A violation of section 568.175, RSMo.

2. For all other violations of offenses in chapters 566 and 568, RSMo,
not specifically listed in subsection 1 of this section or for a
violation of an offense committed in another state when a child is the
victim that would be a violation of chapter 566 or 568, RSMo, if
committed in Missouri, the juvenile court may exercise its discretion
regarding the placement of a child under the jurisdiction of the juvenile
court in a home in which a parent or any person residing in the home has
been found guilty of, or pled guilty to, any such offense.

3. If the juvenile court determines that a child has abused another
child, such abusing child shall be prohibited from returning to or
residing in any residence located within one thousand feet of the
residence of the abused child, or any child care facility or school that
the abused child attends, until the abused child reaches eighteen years
of age. The prohibitions of this subsection shall not apply where the
alleged abuse occurred between siblings or children living in the same
home. (L. 2004 H.B. 1453, A.L. 2005 H.B. 568 merged with S.B. 155 merged
with S.B. 420 & 344, A.L. 2005 1st Ex. Sess. H.B. 2)

Effective 9-15-05

When jurisdiction over the person of a child has been acquired
by the juvenile court under the provisions of this chapter in proceedings
coming within the applicable provisions of section 211.031, the
jurisdiction of the child may be retained for the purpose of this chapter
until he has attained the age of twenty-one years, except in cases where
he is committed to and received by the division of youth services, unless
jurisdiction has been returned to the committing court by provisions of
chapter 219, RSMo, through requests of the court to the division of youth
services and except in any case where he has not paid an assessment
imposed in accordance with section 211.181 or in cases where the judgment
for restitution entered in accordance with section 211.185 has not been
satisfied. Every child over whose person the juvenile court retains
jurisdiction shall be prosecuted under the general law for any violation
of a state law or of a municipal ordinance which he commits after he
becomes seventeen years of age. The juvenile court shall have no
jurisdiction with respect to any such violation and, so long as it
retains jurisdiction of the child, shall not exercise its jurisdiction in
such a manner as to conflict with any other court's jurisdiction as to
any such violation. (L. 1957 p. 642 § 211.060, A.L. 1969 H.B. 227, A.L.
1982 H.B. 1171, et al., A.L. 1993 S.B. 88)

Nothing contained in this chapter deprives other courts of the
right to determine the legal custody of children upon writs of habeas
corpus or to determine the legal custody or guardianship of children when
the legal custody or guardianship is incidental to the determination of
causes pending in other courts. Such questions, however, may be certified
by another court to the juvenile court for hearing, determination or
recommendation. (L. 1957 p. 642 § 211.040)

(1974) Where juvenile court assumed jurisdiction over child and made
award of custody such jurisdiction excludes any other court of concurrent
jurisdiction from adjudicating custody in a habeas corpus proceeding.
State ex rel. McCarty v. Kimberlin (A.), 508 S.W.2d 196.

1. When a child is taken into custody by a juvenile officer or
law enforcement official, with or without a warrant for an offense in
violation of the juvenile code or the general law which would place the
child under the jurisdiction of the juvenile court pursuant to
subdivision (2) or (3) of subsection 1 of section 211.031, the child
shall be advised prior to questioning:

(1) That he has the right to remain silent; and

(2) That any statement he does make to anyone can be and may be used
against him; and

(3) That he has a right to have a parent, guardian or custodian present
during questioning; and

(4) That he has a right to consult with an attorney and that one will be
appointed and paid for him if he cannot afford one.

2. If the child indicates in any manner and at any stage of questioning
pursuant to this section that he does not wish to be questioned further,
the officer shall cease questioning.

3. When a child is taken into custody by a juvenile officer or law
enforcement official which places the child under the jurisdiction of the
juvenile court under subdivision (1) of subsection 1 of section 211.031,
including any interactions with the child by the children's division, the
following shall apply:

(1) If the child indicates in any manner at any stage during questioning
involving the alleged abuse and neglect that the child does not wish to
be questioned any further on the allegations, or that the child wishes to
have his or her parent, legal guardian, or custodian if such parent,
guardian, or custodian is not the alleged perpetrator, or his or her
attorney present during questioning as to the alleged abuse, the
questioning of the child shall cease on the alleged abuse and neglect
until such a time that the child does not object to talking about the
alleged abuse and neglect unless the interviewer has reason to believe
that the parent, legal guardian, or custodian is acting to protect the
alleged perpetrator. Nothing in this subdivision shall be construed to
prevent the asking of any questions necessary for the care, treatment, or
placement of a child; and

(2) Notwithstanding any prohibition of hearsay evidence, all video or
audio recordings of any meetings, interviews, or interrogations of a
child shall be presumed admissible as evidence in any court or
administrative proceeding involving the child if the following conditions
are met:

(a) Such meetings, interviews, or interrogations of the child are
conducted by the state prior to or after the child is taken into the
custody of the state; and

(b) Such video or audio recordings were made prior to the adjudication
hearing in the case. Nothing in this paragraph shall be construed to
prohibit the videotaping or audiotaping of any such meetings, interviews,
or interrogations of a child after the adjudication hearing; and

(3) Only upon a showing by clear and convincing evidence that such a
video or audio recording lacks sufficient indicia of reliability shall
such recording be inadmissible.

The provisions of this subsection shall not apply to statements
admissible under section 491.075 or 492.304, RSMo, in criminal
proceedings. (L. 1989 H.B. 502, et al., A.L. 2004 H.B. 1453)

1. When a child is taken into custody with or without warrant
for an offense, the child, together with any information concerning him
and the personal property found in his possession, shall be taken
immediately and directly before the juvenile court or delivered to the
juvenile officer or person acting for him.

2. If any person is taken before a circuit or associate circuit judge not
assigned to juvenile court or a municipal judge, and it is then, or at
any time thereafter, ascertained that he was under the age of seventeen
years at the time he is alleged to have committed the offense, or that he
is subject to the jurisdiction of the juvenile court as provided by this
chapter, it is the duty of the judge forthwith to transfer the case or
refer the matter to the juvenile court, and direct the delivery of such
person, together with information concerning him and the personal
property found in his possession, to the juvenile officer or person
acting as such.

3. When the juvenile court is informed that a child is in detention it
shall examine the reasons therefor and shall immediately:

(1) Order the child released; or

(2) Order the child continued in detention until a detention hearing is
held. An order to continue the child in detention shall only be entered
upon the filing of a petition or motion to modify and a determination by
the court that probable cause exists to believe that the child has
committed acts specified in the petition or motion that bring the child
within the jurisdiction of the court under subdivision (2) or (3) of
subsection 1 of section 211.031.

4. A juvenile shall not remain in detention for a period greater than
twenty-four hours unless the court orders a detention hearing. If such
hearing is not held within three days, excluding Saturdays, Sundays and
legal holidays, the juvenile shall be released from detention unless the
court for good cause orders the hearing continued. The detention hearing
shall be held within the judicial circuit at a date, time and place
convenient to the court. Notice of the date, time and place of a
detention hearing, and of the right to counsel, shall be given to the
juvenile and his custodian in person, by telephone, or by such other
expeditious method as is available. (L. 1957 p. 642 § 211.050, A.L. 1978
H.B. 1634, A.L. 1989 H.B. 502, et al.)

1. A child accused of violating the provisions of subdivision
(2) of subsection 1 of section 211.031 shall not be held in a secure
detention placement for a period greater than twenty-four hours,
excluding Saturdays, Sundays and legal holidays, unless the court finds
pursuant to a probable cause hearing held within that twenty-four-hour
period, that the child has violated the conditions of a valid court order
and that:

(1) The child has a record of willful failure to appear at juvenile court
proceedings; or

(2) The child has a record of violent conduct resulting in physical
injury to self or others; or

(3) The child has a record of leaving a court-ordered placement, other
than secure detention, without permission.

2. As used in this section, the following terms mean:

(1) "Secure detention", any public or private residential facility used
for the temporary placement of any child if such facility includes
construction fixtures designed to physically restrict the movements and
activities of children held in the lawful custody of such facility;

(2) "Valid court order", an order issued by a court of competent
jurisdiction regarding a child who has been brought before the court,
which sets forth specific conditions of behavior for the child and
consequences of violations of such conditions.

3. This section shall not apply:

(1) To a child who has been taken under the jurisdiction of the court
pursuant to subdivision (3) of subsection 1 of section 211.031; or

(2) To a child who was adjudicated pursuant to subdivision (3) of
subsection 1 of section 211.031 after being taken under the jurisdiction
of the court; or

(3) To a child who is currently charged with a violation under
subdivision (3) of subsection 1 of section 211.031. (L. 1989 H.B. 502, et
al., A.L. 1993 S.B. 88)

Upon the filing of a motion to dismiss the petition pursuant to
section 211.071 to allow prosecution under the general law, the juvenile
officer shall provide the prosecuting or circuit attorney who has
jurisdiction with a copy of such motion. The prosecuting or circuit
attorney shall have access to police reports, reports of the
juvenile/deputy juvenile officer, statements of witnesses and all other
records or reports relating to the offense alleged to have been committed
by the child. The prosecuting or circuit attorney shall have access to
the disposition records of the child when the child has been adjudicated
pursuant to subdivision (3) of subsection 1 of section 211.031. The
prosecuting or circuit attorney shall have the right to be present at the
hearing and testify as to the likelihood of prosecution under the general
law in the event the court dismisses the petition thereby allowing
prosecution under the general law. No testimony given by the prosecutor
may be used as evidence in any subsequent stage of the juvenile or
criminal case. (L. 1995 H.B. 174, et al.)

1. If a petition alleges that a child between the ages of twelve
and seventeen has committed an offense which would be considered a felony
if committed by an adult, the court may, upon its own motion or upon
motion by the juvenile officer, the child or the child's custodian, order
a hearing and may, in its discretion, dismiss the petition and such child
may be transferred to the court of general jurisdiction and prosecuted
under the general law; except that if a petition alleges that any child
has committed an offense which would be considered first degree murder
under section 565.020, RSMo, second degree murder under section 565.021,
RSMo, first degree assault under section 565.050, RSMo, forcible rape
under section 566.030, RSMo, forcible sodomy under section 566.060, RSMo,
first degree robbery under section 569.020, RSMo, or distribution of
drugs under section 195.211, RSMo, or has committed two or more prior
unrelated offenses which would be felonies if committed by an adult, the
court shall order a hearing, and may in its discretion, dismiss the
petition and transfer the child to a court of general jurisdiction for
prosecution under the general law.

2. Upon apprehension and arrest, jurisdiction over the criminal offense
allegedly committed by any person between seventeen and twenty-one years
of age over whom the juvenile court has retained continuing jurisdiction
shall automatically terminate and that offense shall be dealt with in the
court of general jurisdiction as provided in section 211.041.

3. Knowing and willful age misrepresentation by a juvenile subject shall
not affect any action or proceeding which occurs based upon the
misrepresentation. Any evidence obtained during the period of time in
which a child misrepresents his age may be used against the child and
will be subject only to rules of evidence applicable in adult proceedings.

4. Written notification of a transfer hearing shall be given to the
juvenile and his custodian in the same manner as provided in sections
211.101 and 211.111. Notice of the hearing may be waived by the
custodian. Notice shall contain a statement that the purpose of the
hearing is to determine whether the child is a proper subject to be dealt
with under the provisions of this chapter, and that if the court finds
that the child is not a proper subject to be dealt with under the
provisions of this chapter, the petition will be dismissed to allow for
prosecution of the child under the general law.

5. The juvenile officer may consult with the office of prosecuting
attorney concerning any offense for which the child could be certified as
an adult under this section. The prosecuting or circuit attorney shall
have access to police reports, reports of the juvenile or deputy juvenile
officer, statements of witnesses and all other records or reports
relating to the offense alleged to have been committed by the child. The
prosecuting or circuit attorney shall have access to the disposition
records of the child when the child has been adjudicated pursuant to
subdivision (3) of subsection 1 of section 211.031. The prosecuting
attorney shall not divulge any information regarding the child and the
offense until the juvenile court at a judicial hearing has determined
that the child is not a proper subject to be dealt with under the
provisions of this chapter.

6. A written report shall be prepared in accordance with this chapter
developing fully all available information relevant to the criteria which
shall be considered by the court in determining whether the child is a
proper subject to be dealt with under the provisions of this chapter and
whether there are reasonable prospects of rehabilitation within the
juvenile justice system. These criteria shall include but not be limited
to:

(1) The seriousness of the offense alleged and whether the protection of
the community requires transfer to the court of general jurisdiction;

(2) Whether the offense alleged involved viciousness, force and violence;

(3) Whether the offense alleged was against persons or property with
greater weight being given to the offense against persons, especially if
personal injury resulted;

(4) Whether the offense alleged is a part of a repetitive pattern of
offenses which indicates that the child may be beyond rehabilitation
under the juvenile code;

(5) The record and history of the child, including experience with the
juvenile justice system, other courts, supervision, commitments to
juvenile institutions and other placements;

(6) The sophistication and maturity of the child as determined by
consideration of his home and environmental situation, emotional
condition and pattern of living;

(7) The age of the child;

(8) The program and facilities available to the juvenile court in
considering disposition;

(9) Whether or not the child can benefit from the treatment or
rehabilitative programs available to the juvenile court; and

(10) Racial disparity in certification.

7. If the court dismisses the petition to permit the child to be
prosecuted under the general law, the court shall enter a dismissal order
containing:

(1) Findings showing that the court had jurisdiction of the cause and of
the parties;

(2) Findings showing that the child was represented by counsel;

(3) Findings showing that the hearing was held in the presence of the
child and his counsel; and

(4) Findings showing the reasons underlying the court's decision to
transfer jurisdiction.

8. A copy of the petition and order of the dismissal shall be sent to the
prosecuting attorney.

9. When a petition has been dismissed thereby permitting a child to be
prosecuted under the general law, the jurisdiction of the juvenile court
over that child is forever terminated, except as provided in subsection
10 of this section, for an act that would be a violation of a state law
or municipal ordinance.

10. If a petition has been dismissed thereby permitting a child to be
prosecuted under the general law and the child is found not guilty by a
court of general jurisdiction, the juvenile court shall have jurisdiction
over any later offense committed by that child which would be considered
a misdemeanor or felony if committed by an adult, subject to the
certification provisions of this section.

11. If the court does not dismiss the petition to permit the child to be
prosecuted under the general law, it shall set a date for the hearing
upon the petition as provided in section 211.171. (L. 1957 p. 642 §
211.070, A.L. 1983 S.B. 368, A.L. 1989 H.B. 502, et al., A.L. 1995 H.B.
174, et al.)

(1971) Section 211.071 upheld against contention by defendant that "it
provides no standards for determining that he was not a proper subject to
be dealt with" under the Juvenile Code. State v. Williams (Mo.), 473
S.W.2d 382.

(1973) Section 211.071, RSMo, is not void for vagueness. Coney v. State
(Mo.), 491 S.W.2d 501.

(1973) Petition alleging that juvenile "participated .... in unnecessary
aggressive sexual behavior with" a female minor was insufficient to
demonstrate that juvenile had "committed an offense which would be a
felony if committed by an adult", and thus no jurisdictional basis
existed for the juvenile court to order juvenile to be prosecuted under
the general law on charge of attempted rape. State ex rel.
D_______V_______v. Cook (A.), 495 S.W.2d 127.

(1987) In action by attorney appointed to represent juvenile in custody
of division of youth services in certification proceeding, state is not
subject to assessment of attorney's fees, because statute lacks any
provision for taxing costs to the state. In the Interest of C.M., 733
S.W.2d 810 (Mo. App.).

1. The court may, in a case when the offender is under seventeen
years of age and has been transferred to a court of general jurisdiction
pursuant to section 211.071, and whose prosecution results in a
conviction or a plea of guilty, invoke dual jurisdiction of both the
criminal and juvenile codes, as set forth in this section. The court is
authorized to impose a juvenile disposition under this chapter and
simultaneously impose an adult criminal sentence, the execution of which
shall be suspended pursuant to the provisions of this section. Successful
completion of the juvenile disposition ordered shall be a condition of
the suspended adult criminal sentence. The court may order an offender
into the custody of the division of youth services pursuant to this
section if:

(1) A facility is designed and built by the division of youth services
specifically for offenders sentenced pursuant to this section and if the
division determines that there is space available, based on design
capacity, in the facility; and

(2) Upon agreement of the division.

2. If there is probable cause to believe that the offender has violated a
condition of the suspended sentence or committed a new offense, the court
shall conduct a hearing on the violation charged, unless the offender
waives such hearing. If the violation is established and found the court
may continue or revoke the juvenile disposition, impose the adult
criminal sentence, or enter such other order as it may see fit.

3. When an offender has received a suspended sentence pursuant to this
section and the division determines the child is beyond the scope of its
treatment programs, the division of youth services may petition the court
for a transfer of custody of the offender. The court shall hold a hearing
and shall:

(1) Revoke the suspension and direct that the offender be taken into
immediate custody of the department of corrections; or

(2) Direct that the offender be placed on probation.

4. When an offender who has received a suspended sentence reaches the age
of seventeen, the court shall hold a hearing. The court shall:

(1) Revoke the suspension and direct that the offender be taken into
immediate custody of the department of corrections;

(2) Direct that the offender be placed on probation; or

(3) Direct that the offender remain in the custody of the division of
youth services if the division agrees to such placement.

5. The division of youth services shall petition the court for a hearing
before it releases an offender who comes within subsection 1 of this
section at any time before the offender reaches the age of twenty-one
years. The court shall:

(1) Revoke the suspension and direct that the offender be taken into
immediate custody of the department of corrections; or

(2) Direct that the offender be placed on probation.

6. If the suspension of the adult criminal sentence is revoked, all time
served by the offender under the juvenile disposition shall be credited
toward the adult criminal sentence imposed. (L. 1995 H.B. 174, et al.,
A.L. 1998 S.B. 684)

1. Whenever any person informs the court in person and in
writing that a child appears to be within the purview of applicable
provisions of section 211.031 or that a person seventeen years of age
appears to be within the purview of the provisions of subdivision (1) of
subsection 1 of section 211.031, the court shall make or cause to be made
a preliminary inquiry to determine the facts and to determine whether or
not the interests of the public or of the child or person seventeen years
of age require that further action be taken. On the basis of this
inquiry, the juvenile court may make such informal adjustment as is
practicable without a petition or may authorize the filing of a petition
by the juvenile officer. Any other provision of this chapter to the
contrary notwithstanding, the juvenile court shall not make any order for
disposition of a child or person seventeen years of age which would place
or commit the child or person seventeen years of age to any location
outside the state of Missouri without first receiving the approval of the
division of family services.

2. Placement in any institutional setting shall represent the least
restrictive appropriate placement for the child or person seventeen years
of age and shall be recommended based upon a psychological or psychiatric
evaluation or both. Prior to entering any order for disposition of a
child or person seventeen years of age which would order residential
treatment or other services inside the state of Missouri, the juvenile
court shall enter findings which include the recommendation of the
psychological or psychiatric evaluation or both; and certification from
the division director or designee as to whether a provider or funds or
both are available, including a projection of their future availability.
If the division of family services indicates that funding is not
available, the division shall recommend and make available for placement
by the court an alternative placement for the child or person seventeen
years of age. The division shall have the burden of demonstrating that
they have exercised due diligence in utilizing all available services to
carry out the recommendation of the evaluation team and serve the best
interest of the child or person seventeen years of age. The judge shall
not order placement or an alternative placement with a specific provider
but may reasonably designate the scope and type of the services which
shall be provided by the department to the child or person seventeen
years of age.

3. Obligations of the state incurred under the provisions of section
211.181 shall not exceed, in any fiscal year, the amount appropriated for
this purpose. (L. 1957 p. 642 § 211.080, A.L. 1987 S.B. 244, A.L. 1989
H.B. 502, et al.)

1. Whenever an informal adjustment is made under the provisions
of section 211.081, the juvenile court may allow the child:

(1) To make restitution or reparation for the damage or loss caused by
his offense. Any restitution or reparation shall be reasonable in view of
the child's ability to make payment or perform the reparation. The court
may require the clerk of the circuit court to act as receiving and
disbursing agent for any payment agreed upon;

(2) To complete a term of community service under the supervision of the
court or an organization selected by the court.

2. Every person, organization, and agency, and each employee thereof, who
supervises a child under the provisions of this section, or who benefits
from any services performed under this section as a result of an informal
adjustment, shall be immune from any suit by the child performing
services under this section, or any person deriving a cause of action
from such child, if such cause of action arises from the supervision of
the child's performance of services under this section and if such cause
of action does not arise from an intentional tort or any wanton, willful,
or malicious conduct. A child performing services under this section
shall not be deemed an employee within the meaning of the provisions of
chapter 287, RSMo, nor shall the services of such child be deemed
employment within the meaning of the provisions of chapter 288, RSMo. (L.
1987 S.B. 244, A.L. 1995 H.B. 174, et al.)

1. The court may order a child, who has been adjudicated for a
nonviolent crime and who is age fourteen or older, to work for any
employer at a rate of compensation not to exceed minimum wage, for a
period of time necessary to make such restitution for the damage or loss
caused by his offense.

2. A child, age fourteen or older, who is ordered by the juvenile court
to make restitution for the damage or loss caused by his offense pursuant
to subsection 1 of this section shall not be considered an employee as
defined in section 290.500, RSMo. (L. 1996 S.B. 489 § 1)

1. The petition shall be entitled "In the interest of
............., a child under seventeen years of age". If a petition is
filed pursuant to the provisions of subdivision (1) of subsection 1 of
section 211.031, the petition shall be entitled "In the interest of
..........., a child under seventeen years of age" or "In the interest of
................, a person seventeen years of age".

2. The petition shall set forth plainly:

(1) The facts which bring the child or person seventeen years of age
within the jurisdiction of the court;

(2) The full name, birth date, and residence of the child or person
seventeen years of age;

(3) The names and residence of his parents, if living;

(4) The name and residence of his legal guardian if there be one, of the
person having custody of the child or person seventeen years of age or of
the nearest known relative if no parent or guardian can be found; and

(5) Any other pertinent data or information.

3. If any facts required in subsection 2 of this section are not known by
the petitioner, the petition shall so state.

4. Prior to the voluntary dismissal of a petition filed under this
section, the juvenile officer shall assess the impact of such dismissal
on the best interests of the child, and shall take all actions
practicable to minimize any negative impact. (L. 1957 p. 642 § 211.090,
A.L. 1989 H.B. 502, et al., A.L. 1995 H.B. 232 & 485 merged with S.B. 174)

Any order or judgment entered by the court under authority of
this chapter or chapter 210, RSMo, shall, so long as such order or
judgment remains in effect, take precedence over any order or judgment
concerning the status or custody of a child under age twenty-one entered
by a court under authority of chapter 452, 453, 454 or 455, RSMo, but
only to the extent inconsistent therewith. (L. 1990 H.B. 1370, et al.)

1. After a petition has been filed, unless the parties appear
voluntarily, the juvenile court shall issue a summons in the name of the
state of Missouri requiring the person who has custody of the child or
person seventeen years of age to appear personally and, unless the court
orders otherwise, to bring the child or person seventeen years of age
before the court, at the time and place stated.

2. If the person so summoned is other than a parent or guardian of the
child or person seventeen years of age, then the parent or guardian or
both shall also be notified of the pendency of the case and of the time
and place appointed.

3. If it appears that the child or person seventeen years of age is in
such condition or surroundings that his welfare requires that his custody
be immediately assumed by the court, the judge may order, by endorsement
upon the summons, the officer serving it to take the child or person
seventeen years of age into custody at once.

4. Subpoena may be issued requiring the appearance of any other person
whose presence, in the opinion of the judge, is necessary. (L. 1957 p.
642 § 211.100, A.L. 1989 H.B. 502, et al.)

1. Service of summons shall be made personally by the delivery
of an attested copy thereof to the person summoned. But if the juvenile
court is satisfied after thorough investigation that it is impracticable
to serve the summons personally, it may order service by registered mail
to the last known address of the person or by publication.

2. Personal service shall be effected at least twenty-four hours before
the time set for the hearing. Registered mail shall be mailed at least
five days before the time of the hearing.

3. Service of summons may be made by any suitable person under the
direction of the court. (L. 1957 p. 642 § 211.110, A.L. 1990 H.B. 1777)

If any person summoned by personal service fails without
reasonable cause to appear, he may be proceeded against for contempt of
court. In case the parties fail to obey the summons or, in any case when
it appears to the court that the service will be ineffectual a capias may
be issued for the parent or guardian, or for the child. (L. 1957 p. 642 §
211.120)

1. When any child found violating any law or ordinance or whose
behavior, environment or associations are injurious to his welfare or to
the welfare of others or who is without proper care, custody or support
is taken into custody, the taking into custody is not considered an
arrest.

2. When a child is taken into custody, the parent, legal custodian or
guardian of the child shall be notified as soon as possible.

3. The jurisdiction of the court attaches from the time the child is
taken into custody. (L. 1957 p. 642 § 211.130)

The court may make a parent or guardian a party to any
proceeding where the court has jurisdiction pursuant to section 211.031.
(L. 1995 H.B. 174, et al. § 9)

1. The court may require a parent or guardian of a child to
participate in any activity the court finds is necessary to carry out the
purposes of the juvenile code as stated in section 211.011, including,
but not limited to:

(1) Requiring the parent or guardian to attend counseling sessions; and

(2) Requiring the parent or guardian to participate in any institutional
treatment program, including attendance at the institution where the
child resides.

2. The court may order the parent or guardian to support the child
committed for institutionalization by paying the reasonable costs of
support, maintenance and treatment of the child that the parent is
financially able to pay. (L. 1995 H.B. 174, et al. § 10)

1. When a child is taken into custody as provided in section
211.131, the person taking the child into custody shall, unless it has
been otherwise ordered by the court, return the child to his or her
parent, guardian or legal custodian on the promise of such person to
bring the child to court, if necessary, at a stated time or at such times
as the court may direct. The court may also impose other conditions
relating to activities of the child. If these additional conditions are
not met, the court may order the child detained as provided in section
211.151. If additional conditions are imposed, the child shall be
notified that failure to adhere to the conditions may result in the court
imposing more restrictive conditions or ordering the detention of the
child. If the person taking the child into custody believes it desirable,
he may request the parent, guardian or legal custodian to sign a written
promise to bring the child into court and acknowledging any additional
conditions imposed on the child.

2. If the child is not released as provided in subsection 1 of this
section, he or she may be conditionally released or detained in any place
of detention specified in section 211.151 but only on order of the court
specifying the reason for the conditional release or the detention. The
parent, guardian or legal custodian of the child shall be notified of the
terms of the conditional release or the place of detention as soon as
possible.

3. The juvenile officer may conditionally release or detain a child for a
period not to exceed twenty-four hours if it is impractical to obtain a
written order from the court because of the unreasonableness of the hour
or the fact that it is a Sunday or holiday. The conditional release shall
be as provided in subsection 1 of this section, and the detention shall
be as provided in section 211.151. A written record of such conditional
release or detention shall be kept and a report in writing filed with the
court. In the event that the judge is absent from his circuit, or is
unable to act, the approval of another circuit judge of the same or
adjoining circuit must be obtained as a condition or continuing the
conditional release or detention of a child for more than twenty-four
hours.

4. In any matter referred to the juvenile court pursuant to section
211.031, the juvenile officer shall make a risk and needs assessment of
the child and, before the disposition of the matter, shall report the
results of the assessment to the juvenile court. The assessment shall be
written on a standardized form approved by the office of state courts
administrator.

5. The division, in cooperation with juvenile officers and juvenile
courts, shall at least biennially review a random sample of assessments
of children and the disposition of each child's case to recommend
assessment and disposition equity throughout the state. Such review shall
identify any evidence of racial disparity in certification. Such review
shall be conducted in a manner which protects the confidentiality of the
cases examined. (L. 1957 p. 642 § 211.140, A.L. 1980 S.B. 512, A.L. 1982
S.B. 497, A.L. 1995 H.B. 174, et al., A.L. 2004 S.B. 1211)

1. Pending disposition of a case, the juvenile court may order
in writing the detention of a child in one of the following places:

(1) A juvenile detention facility provided by the county;

(2) A shelter care facility, subject to the supervision of the court;

(3) A suitable place of detention maintained by an association having for
one of its objects the care and protection of children;

(4) Such other suitable custody as the court may direct.

2. A child shall not be detained in a jail or other adult detention
facility pending disposition of a case.

3. Law enforcement officers shall take fingerprints and photographs of a
child taken into custody for offenses that would be considered felonies
if committed by adults, without the approval of the juvenile judge. A
child taken into custody as a victim of abuse or neglect or as a status
offender pursuant to subdivision (1) or (2) of subsection 1 of section
211.031 or for an offense that would be considered a misdemeanor if
committed by an adult may be fingerprinted or photographed with the
consent of the juvenile judge. Records of a child who has been
fingerprinted and photographed after being taken into custody shall be
closed records as provided under section 610.100, RSMo, if a petition has
not been filed within thirty days of the date that the child was taken
into custody; and if a petition for the child has not been filed within
one year of the date the child was taken into custody, any records
relating to the child concerning the alleged offense may be expunged
under the procedures in sections 610.122 to 610.126, RSMo.

4. (1) As used in this section, the term "jail or other adult detention
facility" means any locked facility administered by state, county or
local law enforcement and correctional agencies, a primary purpose of
which is to detain adults charged with violating a criminal law pending
trial, including facilities of a temporary nature which do not hold
persons after they have been formally charged, or to confine adults
convicted of an offense. The term "jail or other adult detention
facility" does not include a juvenile detention facility.

(2) As used in this section, the term "juvenile detention facility" means
a place, institution, building or part thereof, set of buildings or area,
whether or not enclosing a building or set of buildings, which has been
designated by the juvenile court as a place of detention for juveniles
and which is operated, administered and staffed separately and
independently of a jail or other detention facility for adults and used
exclusively for the lawful custody and treatment of juveniles. The
facility may be owned or operated by public or private agencies. A
juvenile detention facility may be located in the same building or
grounds as a jail or other adult detention facility if there is spatial
separation between the facilities which prevents haphazard or accidental
contact between juvenile and adult detainees; there is separation between
juvenile and adult program activities; and there are separate juvenile
and adult staff other than specialized support staff who have infrequent
contact with detainees. (L. 1957 p. 642 § 211.150, A.L. 1982 S.B. 497,
A.L. 1984 H.B. 1255, A.L. 1995 H.B. 174, et al.)

1. Whenever a county shall own or operate an institution as a
home for neglected and delinquent children, the state of Missouri shall
pay to the county toward the care and maintenance of each of these
children, upon an order or voucher submitted to the state by the circuit
court fourteen to thirty-seven dollars per day, subject to appropriations.

2. Whenever a child is detained as provided in section 211.151, the state
shall pay to the county governing body toward the care and maintenance of
each such child upon a voucher or order submitted to the state by the
circuit court the amount specified in this subsection. When submitting
the voucher or order to the state, the circuit court shall certify that
the child was detained only in a manner as provided by section 211.151.
The amount to be paid to the county governing body is fourteen to
thirty-seven dollars per day, subject to appropriations. (L. 1982 S.B.
497, A.L. 1989 S.B. 163, A.L. 1998 H.B. 971)

1. The court may cause any child or person seventeen years of
age within its jurisdiction to be examined by a physician, psychiatrist
or psychologist appointed by the court in order that the condition of the
child or person seventeen years of age may be given consideration in the
disposition of his case. The expenses of the examination when approved by
the court shall be paid by the county, except that the county shall not
be liable for the costs of examinations conducted by the department of
mental health either directly or through contract.

2. The services of a state, county or municipally maintained hospital,
institution, or psychiatric or health clinic may be used for the purpose
of this examination and treatment.

3. A county may establish medical, psychiatric and other facilities, upon
request of the juvenile court, to provide proper services for the court
in the diagnosis and treatment of children or persons seventeen years of
age coming before it and these facilities shall be under the
administration and control of the juvenile court. The juvenile court may
appoint and fix the compensation of such professional and other personnel
as it deems necessary to provide the court proper diagnostic, clinical
and treatment services for children or persons seventeen years of age
under its jurisdiction. (L. 1957 p. 642 § 211.180, A.L. 1980 H.B. 1724,
A.L. 1989 H.B. 502, et al.)

(1963) The establishment of the office of administrative assistant in the
juvenile division of the St. Louis City Circuit Court was authorized by
this section, being within the meaning of term "other facilities".
Marshak v. Poelker (Mo.), 367 S.W.2d 625.

(1980) The requirement that the fee for a psychiatric examination of
children by court appointed physician be paid by the county does not mean
that the expense of such examination should be taxed as "costs". State of
Mo. v. J.E.L. (Mo.), 606 S.W.2d 653.

1. The procedure to be followed at the hearing shall be
determined by the juvenile court judge and may be as formal or informal
as he or she considers desirable, consistent with constitutional and
statutory requirements. The judge may take testimony and inquire into the
habits, surroundings, conditions and tendencies of the child and the
family to enable the court to render such order or judgment as will best
promote the welfare of the child and carry out the objectives of this
chapter.

2. The hearing may, in the discretion of the court, proceed in the
absence of the child and may be adjourned from time to time.

3. The current foster parents of a child, or any preadoptive parent or
relative currently providing care for the child, shall be provided with
notice of, and an opportunity to be heard in, any hearing to be held with
respect to the child. This subsection shall not be construed to require
that any such foster parent, preadoptive parent or relative providing
care for a child be made a party to the case solely on the basis of such
notice and opportunity to be heard.

4. All cases of children shall be heard separately from the trial of
cases against adults.

5. Stenographic notes or an authorized recording of the hearing shall be
required if the court so orders or, if requested by any party interested
in the proceeding.

6. The general public shall be excluded and only such persons admitted as
have a direct interest in the case or in the work of the court except in
cases where the child is accused of conduct which, if committed by an
adult, would be considered a class A or B felony; or for conduct which
would be considered a class C felony, if the child has previously been
formally adjudicated for the commission of two or more unrelated acts
which would have been class A, B or C felonies, if committed by an adult.

7. The practice and procedure customary in proceedings in equity shall
govern all proceedings in the juvenile court; except that, the court
shall not grant a continuance in such proceedings absent compelling
extenuating circumstances, and in such cases, the court shall make
written findings on the record detailing the specific reasons for
granting a continuance.

8. The court shall allow the victim of any offense to submit a written
statement to the court. The court shall allow the victim to appear before
the court personally or by counsel for the purpose of making a statement,
unless the court finds that the presence of the victim would not serve
justice. The statement shall relate solely to the facts of the case and
any personal injuries or financial loss incurred by the victim. A member
of the immediate family of the victim may appear personally or by counsel
to make a statement if the victim has died or is otherwise unable to
appear as a result of the offense committed by the child. (L. 1957 p. 642
§ 211.190, A.L. 1989 H.B. 502, et al., A.L. 1995 H.B. 174, et al., A.L.
1998 H.B. 1822 merged with S.B. 674, A.L. 1999 H.B. 136, A.L. 2004 H.B.
1453)

(1962) Proceedings of juvenile court making a child a ward of the court
and placing her in the custody of her grandmother were in the nature of a
civil action insofar as appellate procedure and review were concerned and
appeal could have been dismissed for failure to comply with rules of
civil procedure. In re M--L--J-- (A.), 356 S.W.2d 508.

(1974) Held that burden of proof on voluntary nature of incriminating
statement of juvenile is on party seeking introduction of the statement.
In the interest of M____ C____ (A.), 504 S.W.2d 641.

1. A grandparent shall have a right to intervene in any
proceeding initiated pursuant to the provisions of this chapter, in which
the custody of a grandchild is in issue, unless the juvenile judge
decides after considering a motion to intervene by the grandparent that
such intervention is against the best interest of the child.

2. The right of a grandparent to intervene pursuant to the provisions of
this section may terminate upon the adoption of the child except where
the child is adopted by a stepparent, another grandparent or other blood
relative.

(L. 1993 S.B. 180 § 1, A.L. 1994 S.B. 657)

(1998) Statute by granting grandparent right to intervene infers a right
to appeal. Long v. Seely, 975 S.W.2d 208 (E.D.Mo.).

Family preservation screenings shall be conducted by the
division of family services within seventy-two hours of the removal of a
child from the home and placement in the custody of the court. The
results of this screening shall be submitted to the juvenile court judge
for consideration in the order of disposition or treatment of the child.
(L. 1994 S.B. 595)

1. When a child or person seventeen years of age is found by the
court to come within the applicable provisions of subdivision (1) of
subsection 1 of section 211.031, the court shall so decree and make a
finding of fact upon which it exercises its jurisdiction over the child
or person seventeen years of age, and the court may, by order duly
entered, proceed as follows:

(1) Place the child or person seventeen years of age under supervision in
his own home or in the custody of a relative or other suitable person
after the court or a public agency or institution designated by the court
conducts an investigation of the home, relative or person and finds such
home, relative or person to be suitable and upon such conditions as the
court may require;

(2) Commit the child or person seventeen years of age to the custody of:

(a) A public agency or institution authorized by law to care for children
or to place them in family homes; except that, such child or person
seventeen years of age may not be committed to the department of social
services, division of youth services;

(b) Any other institution or agency which is authorized or licensed by
law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive the child or
person seventeen years of age in another state if the approval of the
agency in that state which administers the laws relating to importation
of children into the state has been secured; or

(d) The juvenile officer;

(3) Place the child or person seventeen years of age in a family home;

(4) Cause the child or person seventeen years of age to be examined and
treated by a physician, psychiatrist or psychologist and when the health
or condition of the child or person seventeen years of age requires it,
cause the child or person seventeen years of age to be placed in a public
or private hospital, clinic or institution for treatment and care; except
that, nothing contained herein authorizes any form of compulsory medical,
surgical, or psychiatric treatment of a child or person seventeen years
of age whose parents or guardian in good faith are providing other
remedial treatment recognized or permitted under the laws of this state;

(5) The court may order, pursuant to subsection 2 of section 211.081,
that the child receive the necessary services in the least restrictive
appropriate environment including home and community-based services,
treatment and support, based on a coordinated, individualized treatment
plan. The individualized treatment plan shall be approved by the court
and developed by the applicable state agencies responsible for providing
or paying for any and all appropriate and necessary services, subject to
appropriation, and shall include which agencies are going to pay for and
provide such services. Such plan must be submitted to the court within
thirty days and the child's family shall actively participate in
designing the service plan for the child or person seventeen years of age;

(6) The department of social services, in conjunction with the department
of mental health, shall apply to the United States Department of Health
and Human Services for such federal waivers as required to provide
services for such children, including the acquisition of community-based
services waivers.

2. When a child is found by the court to come within the provisions of
subdivision (2) of subsection 1 of section 211.031, the court shall so
decree and upon making a finding of fact upon which it exercises its
jurisdiction over the child, the court may, by order duly entered,
proceed as follows:

(1) Place the child under supervision in his own home or in custody of a
relative or other suitable person after the court or a public agency or
institution designated by the court conducts an investigation of the
home, relative or person and finds such home, relative or person to be
suitable and upon such conditions as the court may require;

(2) Commit the child to the custody of:

(a) A public agency or institution authorized by law to care for children
or place them in family homes; except that, a child may be committed to
the department of social services, division of youth services, only if he
is presently under the court's supervision after an adjudication under
the provisions of subdivision (2) or (3) of subsection 1 of section
211.031;

(b) Any other institution or agency which is authorized or licensed by
law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive it in
another state if the approval of the agency in that state which
administers the laws relating to importation of children into the state
has been secured; or

(d) The juvenile officer;

(3) Place the child in a family home;

(4) Cause the child to be examined and treated by a physician,
psychiatrist or psychologist and when the health or condition of the
child requires it, cause the child to be placed in a public or private
hospital, clinic or institution for treatment and care; except that,
nothing contained herein authorizes any form of compulsory medical,
surgical, or psychiatric treatment of a child whose parents or guardian
in good faith are providing other remedial treatment recognized or
permitted under the laws of this state;

(5) Assess an amount of up to ten dollars to be paid by the child to the
clerk of the court.

Execution of any order entered by the court pursuant to this subsection,
including a commitment to any state agency, may be suspended and the
child placed on probation subject to such conditions as the court deems
reasonable. After a hearing, probation may be revoked and the suspended
order executed.

3. When a child is found by the court to come within the provisions of
subdivision (3) of subsection 1 of section 211.031, the court shall so
decree and make a finding of fact upon which it exercises its
jurisdiction over the child, and the court may, by order duly entered,
proceed as follows:

(1) Place the child under supervision in his or her own home or in
custody of a relative or other suitable person after the court or a
public agency or institution designated by the court conducts an
investigation of the home, relative or person and finds such home,
relative or person to be suitable and upon such conditions as the court
may require; provided that, no child who has been adjudicated a
delinquent by a juvenile court for committing or attempting to commit a
sex-related offense which if committed by an adult would be considered a
felony offense pursuant to chapter 566, RSMo, including but not limited
to rape, forcible sodomy, child molestation, and sexual abuse, and in
which the victim was a child, shall be placed in any residence within one
thousand feet of the residence of the abused child of that offense until
the abused child reaches the age of eighteen, and provided further that
the provisions of this subdivision regarding placement within one
thousand feet of the abused child shall not apply when the abusing child
and the abused child are siblings or children living in the same home;

(2) Commit the child to the custody of:

(a) A public agency or institution authorized by law to care for children
or to place them in family homes;

(b) Any other institution or agency which is authorized or licensed by
law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive it in
another state if the approval of the agency in that state which
administers the laws relating to importation of children into the state
has been secured; or

(d) The juvenile officer;

(3) Beginning January 1, 1996, the court may make further directions as
to placement with the division of youth services concerning the child's
length of stay. The length of stay order may set forth a minimum review
date;

(4) Place the child in a family home;

(5) Cause the child to be examined and treated by a physician,
psychiatrist or psychologist and when the health or condition of the
child requires it, cause the child to be placed in a public or private
hospital, clinic or institution for treatment and care; except that,
nothing contained herein authorizes any form of compulsory medical,
surgical, or psychiatric treatment of a child whose parents or guardian
in good faith are providing other remedial treatment recognized or
permitted under the laws of this state;

(6) Suspend or revoke a state or local license or authority of a child to
operate a motor vehicle;

(7) Order the child to make restitution or reparation for the damage or
loss caused by his offense. In determining the amount or extent of the
damage, the court may order the juvenile officer to prepare a report and
may receive other evidence necessary for such determination. The child
and his attorney shall have access to any reports which may be prepared,
and shall have the right to present evidence at any hearing held to
ascertain the amount of damages. Any restitution or reparation ordered
shall be reasonable in view of the child's ability to make payment or to
perform the reparation. The court may require the clerk of the circuit
court to act as receiving and disbursing agent for any payment ordered;

(8) Order the child to a term of community service under the supervision
of the court or of an organization selected by the court. Every person,
organization, and agency, and each employee thereof, charged with the
supervision of a child under this subdivision, or who benefits from any
services performed as a result of an order issued under this subdivision,
shall be immune from any suit by the child ordered to perform services
under this subdivision, or any person deriving a cause of action from
such child, if such cause of action arises from the supervision of the
child's performance of services under this subdivision and if such cause
of action does not arise from an intentional tort. A child ordered to
perform services under this subdivision shall not be deemed an employee
within the meaning of the provisions of chapter 287, RSMo, nor shall the
services of such child be deemed employment within the meaning of the
provisions of chapter 288, RSMo. Execution of any order entered by the
court, including a commitment to any state agency, may be suspended and
the child placed on probation subject to such conditions as the court
deems reasonable. After a hearing, probation may be revoked and the
suspended order executed;

(9) When a child has been adjudicated to have violated a municipal
ordinance or to have committed an act that would be a misdemeanor if
committed by an adult, assess an amount of up to twenty-five dollars to
be paid by the child to the clerk of the court; when a child has been
adjudicated to have committed an act that would be a felony if committed
by an adult, assess an amount of up to fifty dollars to be paid by the
child to the clerk of the court.

4. Beginning January 1, 1996, the court may set forth in the order of
commitment the minimum period during which the child shall remain in the
custody of the division of youth services. No court order shall require a
child to remain in the custody of the division of youth services for a
period which exceeds the child's eighteenth birth date except upon
petition filed by the division of youth services pursuant to subsection 1
of section 219.021, RSMo. In any order of commitment of a child to the
custody of the division of youth services, the division shall determine
the appropriate program or placement pursuant to subsection 3 of section
219.021, RSMo. Beginning January 1, 1996, the department shall not
discharge a child from the custody of the division of youth services
before the child completes the length of stay determined by the court in
the commitment order unless the committing court orders otherwise. The
director of the division of youth services may at any time petition the
court for a review of a child's length of stay commitment order, and the
court may, upon a showing of good cause, order the early discharge of the
child from the custody of the division of youth services. The division
may discharge the child from the division of youth services without a
further court order after the child completes the length of stay
determined by the court or may retain the child for any period after the
completion of the length of stay in accordance with the law.

5. When an assessment has been imposed under the provisions of subsection
2 or 3 of this section, the assessment shall be paid to the clerk of the
court in the circuit where the assessment is imposed by court order, to
be deposited in a fund established for the sole purpose of payment of
judgments entered against children in accordance with section 211.185.
(L. 1957 p. 642 § 211.200, A.L. 1974 H.B. 1475, A.L. 1980 S.B. 512, A.L.
1985 S.B. 323, A.L. 1987 S.B. 244, A.L. 1989 H.B. 502, et al., A.L. 1993
S.B. 88, A.L. 1995 H.B. 174, et al., A.L. 1998 S.B. 684, A.L. 2002 S.B.
923, et al., A.L. 2004 H.B. 1453, A.L. 2005 S.B. 420 & 344, A.L. 2005 1st
Ex. Sess. H.B. 2)

Effective 9-15-05

1. In juvenile court proceedings regarding the removal of a
child from his or her home, the court's order shall include a
determination of whether the division of family services has made
reasonable efforts to prevent or eliminate the need for removal of the
child and, after removal, to make it possible for the child to return
home. If the first contact with the family occurred during an emergency
in which the child could not safely remain at home even with reasonable
in-home services, the division shall be deemed to have made reasonable
efforts to prevent or eliminate the need for removal.

2. "Reasonable efforts" means the exercise of reasonable diligence and
care by the division to utilize all available services related to meeting
the needs of the juvenile and the family. In determining reasonable
efforts to be made and in making such reasonable efforts, the child's
present and ongoing health and safety shall be the paramount
consideration.

3. In support of its determination of whether reasonable efforts have
been made, the court shall enter findings, including a brief description
of what preventive or reunification efforts were made and why further
efforts could or could not have prevented or shortened the separation of
the family. The division shall have the burden of demonstrating
reasonable efforts.

4. The juvenile court may authorize the removal of the child even if the
preventive and reunification efforts of the division have not been
reasonable, but further efforts could not permit the child to remain at
home.

5. Before a child may be removed from the parent, guardian, or custodian
of the child by order of a juvenile court, excluding commitments to the
division of youth services, the court shall in its orders:

(1) State whether removal of the child is necessary to protect the child
and the reasons therefor;

(2) Describe the services available to the family before removal of the
child, including in-home services;

(3) Describe the efforts made to provide those services relevant to the
needs of the family before the removal of the child;

(4) State why efforts made to provide family services described did not
prevent removal of the child; and

(5) State whether efforts made to prevent removal of the child were
reasonable, based upon the needs of the family and child.

6. If continuation of reasonable efforts, as described in this section,
is determined by the division to be inconsistent with establishing a
permanent placement for the child, the division shall take such steps as
are deemed necessary by the division, including seeking modification of
any court order to modify the permanency plan for the child.

7. The division shall not be required to make reasonable efforts, as
defined in this section, but has the discretion to make reasonable
efforts if a court of competent jurisdiction has determined that:

(1) The parent has subjected the child to a severe act or recurrent acts
of physical, emotional or sexual abuse toward the child, including an act
of incest; or

(2) The parent has:

(a) Committed murder of another child of the parent;

(b) Committed voluntary manslaughter of another child of the parent;

(c) Aided or abetted, attempted, conspired or solicited to commit such a
murder or voluntary manslaughter; or

(d) Committed a felony assault that resulted in serious bodily injury to
the child or to another child of the parent; or

(3) The parent's parental rights to a sibling have been involuntarily
terminated.

8. If the court determines that reasonable efforts, as described in this
section, are not required to be made by the division, the court shall
hold a permanency hearing within thirty days after the court has made
such determination. The division shall complete whatever steps are
necessary to finalize the permanent placement of the child.

9. The division may concurrently engage in reasonable efforts, as
described in this section, while engaging in such other measures as are
deemed appropriate by the division to establish a permanent placement for
the child. (L. 1985 H.B. 366, et al. § 4, A.L. 1987 S.B. 244, A.L. 1998
H.B. 1822 merged with S.B. 674)

Effective 7-1-98

1. In addition to the court's authority to issue an order for
the child to make restitution or reparation for the damage or loss caused
by his offense as provided in section 211.181, the court may enter a
judgment of restitution against both the parent and the child pursuant to
the provisions of this section if the court finds that the parent has
failed to exercise reasonable parental discipline or authority to prevent
the damage or loss and the child has:

(1) Stolen, damaged, destroyed, converted, unlawfully obtained, or
substantially decreased the value of the property of another; or

(2) Inflicted personal injury on another, requiring the injured person to
incur medical, dental, hospital, funeral, or burial expenses.

2. The court may order both the parent and the child to make restitution
to:

(1) The victim;

(2) Any governmental entity; or

(3) A third-party payor, including an insurer, that has made payment to
the victim to compensate the victim for a property loss or a pecuniary
loss under subdivisions (1) and (2) of subsection 1 of this section.

3. Restitution payments to the victim have priority over restitution
payments to a third-party payor. If the victim has been compensated for
the victim's loss by a third-party payor, the court may order restitution
payments to the third-party payor in the amount that the third-party
payor compensated the victim.

4. Payment of restitution to a victim under this section has priority
over payment of restitution to any governmental entity.

5. Considering the age and circumstances of a child, the court may order
the child to make restitution to the wronged person personally.

6. A restitution hearing to determine the liability of the parent and the
child shall be held not later than thirty days after the disposition
hearing and may be extended by the court for good cause. In the
restitution hearing, a written statement or bill for medical, dental,
hospital, funeral, or burial expenses shall be prima facie evidence that
the amount indicated on the written statement or bill represents a fair
and reasonable charge for the services or materials provided. The burden
of proving that the amount indicated on the written statement or bill is
not fair and reasonable shall be on the person challenging the fairness
and reasonableness of the amount.

7. A judgment of restitution against a parent may not be entered unless
the parent has been afforded a reasonable opportunity to be heard and to
present appropriate evidence in his behalf. The parent shall be advised
of his right to obtain counsel for representation at the hearing. A
hearing under this section may be held as part of an adjudicatory or
disposition hearing for the child.

8. The judgment may be enforced in the same manner as enforcing monetary
judgments.

9. A judgment of restitution ordered pursuant to this section against a
child and his parents shall not be a bar to a proceeding against the
child and his parents pursuant to section 537.045, RSMo, or section
8.150, RSMo, for the balance of the damages not paid pursuant to this
section. In no event, however, may the total restitution paid by the
child and his parents pursuant to this section, section 8.150, RSMo, and
section 537.045, RSMo, exceed four thousand dollars.

10. The child may be ordered to work in a court-approved community
service work site at a rate of compensation not to exceed minimum wage.
The number of hours worked shall be reported to the juvenile officer and
the compensation earned for these hours shall be used for the sole
purpose of satisfying the judgment entered against the child in
accordance with this section. Upon application by the juvenile officer
made with the juvenile court's written approval, the clerk of the court
of the circuit where the fund is deposited and where a judgment has been
entered in accordance with this section shall pay the compensation earned
by the child to the person in whose favor the judgment has been entered.

11. Notwithstanding any other provision of this section to the contrary,
a judgment of restitution ordered pursuant to this section against a
child may be executed upon after the child attains the age of eighteen
years. (L. 1989 H.B. 502, et al., A.L. 1990 H.B. 1734, A.L. 1993 S.B. 88,
A.L. 1995 H.B. 174, et al.)

CROSS REFERENCES: Defacing of state facilities by minors, penalty,
liability, RSMo 8.150 Minor's torts, parent, guardian and minor's
liability, work accepted in lieu of payment, RSMo 537.045

1. The court may order a child, who has been adjudicated for a
nonviolent crime and who is age fourteen or older, to work for any
employer at a rate of compensation not to exceed minimum wage, for a
period of time necessary to make such restitution for the damage or loss
caused by his offense.

2. A child, age fourteen or older, who is ordered by the juvenile court
to make restitution for the damage or loss caused by his offense pursuant
to subsection 1 of this section shall not be considered an employee as
defined in section 290.500, RSMo. (L. 1996 H.B. 1301 & 1298 § 11)

1. Notwithstanding the provisions of sections 211.151, 211.161
and 211.181, and any other provision of law contrary to this section, the
juvenile court may not order that children be detained by, committed to
or otherwise placed in the department of mental health for periods longer
than thirty days except as provided in sections 211.201 to 211.207.

2. Notwithstanding any other provision of law to the contrary, a juvenile
court loses jurisdiction of a child committed by it to the department of
mental health unless, by the terms of its order committing the child to
the department, the court expressly retains jurisdiction of the child.

3. If a child is to be detained beyond his eighteenth birthday in the
custody of the department, the child may only be held pursuant to an
express court order entered after a hearing within thirty days of the
child's eighteenth birthday. The department shall notify the court thirty
days before the child's eighteenth birthday that the department shall
discharge the child unless the court sets the matter down for a hearing.
If the court, on its own motion or motion of any interested party,
believes the person should be detained, the court shall give proper
notice of the hearing before the child's eighteenth birthday to the
director of the department and other parties as required by law. (L. 1957
p. 642 § 211.220, A.L. 1963 p. 388, A.L. 1979 H.B. 934, A.L. 1980 H.B.
1724)

1. If a child under the jurisdiction of the juvenile court
appears to be mentally disordered, other than mentally retarded or
developmentally disabled, the court, on its own motion or on the motion
or petition of any interested party, may order the department of mental
health to evaluate the child.

2. A mental health facility designated by the department of mental health
shall perform within twenty days an evaluation of the child, on an
outpatient basis if practicable, for the purpose of determining whether
inpatient admission is appropriate because the following criteria are met:

(1) The child has a mental disorder other than mental retardation or
developmental disability, as all these terms are defined in chapter 630,
RSMo;

(2) The child requires inpatient care and treatment for the protection of
himself or others;

(3) A mental health facility offers a program suitable for the child's
needs;

(4) A mental health facility is the least restrictive environment as the
term "least restrictive environment" is defined in chapter 630, RSMo.

3. If the facility determines, as a result of the evaluation, that it is
appropriate to admit the child as an inpatient, the head of the mental
health facility, or his designee, shall recommend the child for
admission, subject to the availability of suitable accommodations, and
send the juvenile court notice of the recommendation and a copy of the
evaluation. Should the department evaluation recommend inpatient care,
the child, his parent, guardian or counsel shall have the right to
request an independent evaluation of the child. Within twenty days of the
receipt of the notice and evaluation by the facility, or within twenty
days of the receipt of the notice and evaluation from the independent
examiner, the court may order, pursuant to a hearing, the child committed
to the custody of the department of mental health for inpatient care and
treatment, or may otherwise dispose of the matter; except, that no child
shall be committed to a mental health facility under this section for
other than care and treatment.

4. If the facility determines, as a result of the evaluation, that
inpatient admission is not appropriate, the head of the mental health
facility, or his designee, shall not recommend the child for admission as
an inpatient. The head of the facility, or his designee, shall send to
the court a notice that inpatient admission is not appropriate, along
with a copy of the evaluation, within twenty days of completing the
evaluation. If the child was evaluated on an inpatient basis, the
juvenile court shall transfer the child from the department of mental
health within twenty days of receipt of the notice and evaluation or set
the matter for hearing within twenty days, giving notice of the hearing
to the director of the facility as well as all others required by law.

5. If at any time the facility determines that it is no longer
appropriate to provide inpatient care and treatment for the child
committed by the juvenile court, but that such child appears to qualify
for placement under section 630.610, RSMo, the head of the facility shall
refer such child for placement. Subject to the availability of an
appropriate placement, the department of mental health shall place any
child who qualifies for placement under section 630.610, RSMo. If no
appropriate placement is available, the department of mental health shall
discharge the child or make such other arrangements as it may deem
appropriate and consistent with the child's welfare and safety. Notice of
the placement or discharge shall be sent to the juvenile court which
first ordered the child's detention.

6. The committing juvenile court shall conduct an annual review of the
child's need for continued placement in the mental health facility. (L.
1980 H.B. 1724)

1. If a child under the jurisdiction of the juvenile court
appears to be mentally retarded or developmentally disabled, as these
terms are defined in chapter 630, RSMo, the court, on its own motion or
on the motion or petition of any interested party, may order the
department of mental health to evaluate the child.

2. A regional center designated by the department of mental health shall
perform within twenty days a comprehensive evaluation, as defined in
chapter 633, RSMo, on an outpatient basis if practicable, for the purpose
of determining the appropriateness of a referral to a mental retardation
facility operated or funded by the department of mental health. If it is
determined by the regional center, as a result of the evaluation, to be
appropriate to refer such child to a department mental retardation
facility under section 633.120, RSMo, or a private mental retardation
facility under section 630.610, RSMo, the regional center shall refer the
evaluation to the appropriate mental retardation facility.

3. If, as a result of reviewing the evaluation, the head of the mental
retardation facility, or his designee, determines that it is appropriate
to admit such child as a resident, the head of the mental retardation
facility, or his designee, shall recommend the child for admission,
subject to availability of suitable accommodations. The head of the
regional center, or his designee, shall send the juvenile court notice of
the recommendation for admission by the mental retardation facility and a
copy of the evaluation. Should the department evaluation recommend
residential care and habilitation, the child, his parent, guardian or
counsel shall have the right to request an independent evaluation of the
child. Within twenty days of receipt of the notice and evaluation from
the facility, or within twenty days of the receipt of the notice and
evaluation from the independent examiner, the court may order, pursuant
to a hearing, the child committed to the custody of the department of
mental health for residential care and habilitation, or may otherwise
dispose of the matter; except, that no child shall be committed to the
department of mental health for other than residential care and
habilitation. If the department proposes placement at, or transferring
the child to, a department facility other than that designated in the
order of the juvenile court, the department shall conduct a due process
hearing within six days of such placement or transfer during which the
head of the initiating facility shall have the burden to show that the
placement or transfer is appropriate for the medical needs of the child.
The head of the facility shall notify the court ordering detention or
commitment and the child's last known attorney of record of such
placement or transfer.

4. If, as a result of the evaluation, the regional center determines that
it is not appropriate to admit such child as a resident in a mental
retardation facility, the regional center shall send a notice to the
court that it is inappropriate to admit such child, along with a copy of
the evaluation. If the child was evaluated on a residential basis, the
juvenile court shall transfer the child from the department within five
days of receiving the notice and evaluation or set the matter for hearing
within twenty days, giving notice of the hearing to the director of the
facility as well as all others required by law.

5. If at any time the mental retardation facility determines that it is
no longer appropriate to provide residential habilitation for the child
committed by the juvenile court, but that such child appears to qualify
for placement under section 630.610, RSMo, the head of the facility shall
refer such child for placement. Subject to the availability of an
appropriate placement, the department shall place any child who qualifies
for placement under section 630.610, RSMo. If no appropriate placement is
available, the department shall discharge the child or make such other
arrangements as it may deem appropriate and consistent with the child's
welfare and safety. Notice of the placement or discharge shall be sent to
the juvenile court which first ordered the child's detention.

6. The committing court shall conduct an annual review of the child's
need for continued placement at the mental retardation facility. (L. 1980
H.B. 1724)

1. For each child committed to the department of mental health
by the juvenile court, the director of the department of mental health,
or his designee, shall prepare an individualized treatment or
habilitation plan, as defined in chapter 630, RSMo, within thirty days of
the admission for treatment or habilitation. The status of each child
shall be reviewed at least once every thirty days. Copies of all
individualized treatment plans, habilitation plans, and periodic reviews
shall be sent to the committing juvenile court.

2. The department of mental health shall discharge a child committed to
it by the juvenile court pursuant to sections 211.202 and 211.203 if the
head of a mental health facility or mental retardation facility, or his
designee, determines, in an evaluation or a periodic review, that any of
the following conditions are true:

(1) A child committed to a mental health facility no longer has a mental
disorder other than mental retardation or developmental disability;

(2) A child committed to a mental retardation facility is not mentally
retarded or developmentally disabled;

(3) The condition of the child is no longer such that, for the protection
of the child or others, the child requires inpatient hospitalization or
residential habilitation;

(4) The mental health facility or mental retardation facility does not
offer a program which best meets the child's needs;

(5) The mental health facility or mental retardation facility does not
provide the least restrictive environment, as defined in section 630.005,
RSMo, which is consistent with the child's welfare and safety.

3. If the committing court specifically retained jurisdiction of the
child by the terms of its order committing the child to the department of
mental health, notice of the discharge, accompanied by a diagnosis and
recommendations for placement of the child, shall be forwarded to the
court at least twenty days before such discharge date. Unless within
twenty days of receipt of notice of discharge the juvenile court orders
the child to be brought before it for appropriate proceedings,
jurisdiction of that court over the child shall terminate at the end of
such twenty days. (L. 1980 H.B. 1724)

1. If a child is committed to the division of youth services and
subsequently appears to be mentally disordered, as defined in chapter
630, RSMo, the division shall refer the child to the department of mental
health for evaluation. The evaluation shall be performed within twenty
days by a mental health facility or regional center operated by the
department of mental health and, if practicable, on an outpatient basis,
for the purpose of determining whether inpatient care at a mental health
facility or residential habilitation in a mental retardation facility is
appropriate because the child meets the criteria specified in subsection
2 of section 211.202 or in section 633.120, RSMo, respectively.

2. If, as a result of the evaluation, the director of the department of
mental health, or his designee, determines that the child is not mentally
disordered so as to require inpatient care and treatment in a mental
health facility or residential habilitation in a mental retardation
facility, the director, or his designee, shall so notify the director of
the division of youth services. If the child was evaluated on an
inpatient or residential basis, the child shall be returned to the
division of youth services.

3. If the director of the department of mental health, or his designee,
determines that the child requires inpatient care and treatment at a
mental health facility operated by the department of mental health or
residential habilitation in a mental retardation facility operated by the
department of mental health, the director, or his designee, shall notify
the director of the division of youth services that admission is
appropriate. The director of the division may transfer the physical
custody of the child to the department of mental health for admission to
a department of mental health facility and the department of mental
health shall accept the transfer subject to the availability of suitable
accommodations.

4. The director of the department of mental health, or his designee,
shall cause an individualized treatment or habilitation plan to be
prepared by the mental health facility or mental retardation facility for
each child. The mental health facility or mental retardation facility
shall review the status of the child at least once every thirty days. If,
as a result of any such review, it is determined that inpatient care and
treatment at a mental health facility or residential habilitation in a
mental retardation facility is no longer appropriate for the child
because the child does not meet the criteria specified in subsection 2 of
section 211.202 or in section 633.120, RSMo, respectively, the director
of the department of mental health, or his designee, shall so notify the
director of the division of youth services and shall return the child to
the custody of the division.

5. If a child for any reason ceases to come under the jurisdiction of the
division of youth services, he may be retained in a mental health
facility or mental retardation facility only as otherwise provided by
law. (L. 1980 H.B. 1724)

1. A party is entitled to be represented by counsel in all
proceedings.

2. The court shall appoint counsel for a child prior to the filing of a
petition if a request is made therefor to the court and the court finds
that the child is the subject of a juvenile court proceeding and that the
child making the request is indigent.

3. When a petition has been filed, the court shall appoint counsel for
the child when necessary to assure a full and fair hearing.

4. When a petition has been filed and the child's custodian appears
before the court without counsel, the court shall appoint counsel for the
custodian if it finds:

(1) That the custodian is indigent; and

(2) That the custodian desires the appointment of counsel; and

(3) That a full and fair hearing requires appointment of counsel for the
custodian.

5. Counsel shall be allowed a reasonable time in which to prepare to
represent his client.

6. Counsel shall serve for all stages of the proceedings, including
appeal, unless relieved by the court for good cause shown. If no appeal
is taken, services of counsel are terminated following the entry of an
order of disposition.

7. The child and his custodian may be represented by the same counsel
except where a conflict of interest exists. Where it appears to the court
that a conflict exists, it shall order that the child and his custodian
be represented by separate counsel, and it shall appoint counsel if
required by subsection 3 or 4 of this section.

8. When a petition has been filed, a child may waive his right to counsel
only with the approval of the court.

9. Waiver of counsel by a child may be withdrawn at any stage of the
proceeding, in which event the court shall appoint counsel for the child
if required by subsection 3 of this section. (L. 1957 p. 642 § 211.215,
A.L. 1989 H.B. 502, et al.)

In placing a child in or committing a child to the custody of an
individual or of a private agency or institution the court shall whenever
practicable select either a person, or an agency or institution governed
by persons of the same religious faith as that of the parents of such
child, or in case of a difference in the religious faith of the parents,
then of the religious faith of the child or if the religious faith of the
child is not ascertainable, then of the faith of either of the parents.
(L. 1957 p. 642 § 211.230)

1. All commitments made by the juvenile court shall be for an
indeterminate period of time, unless the child is committed pursuant to
subdivision (3) of subsection 3 of section 211.181, and shall not
continue beyond the child's twenty-first birthday.

2. Whenever the court commits a child to an institution or agency, it
shall transmit with the order of commitment a summary of its information
concerning the child, and the institution or agency shall give to the
court such information concerning the child as the court may require from
time to time so long as the child is under the jurisdiction of the
juvenile court. (L. 1957 p. 642 § 211.210, A.L. 1995 H.B. 174, et al.)

1. When the juvenile court finds a child to be within the
purview of applicable provisions of section 211.031 it may in the same or
subsequent proceedings, either on its own motion or upon the application
of any person, institution or agency having the custody of such child,
proceed to inquire into the ability of the parent of the child to support
it or to contribute to its support. If the parent does not voluntarily
appear for the proceeding, he shall be summoned in the same manner as in
civil cases and the summons in the case may issue to any county of the
state.

2. If the court finds that the parent is able to support the child or to
contribute to its support, the court may enter an order requiring the
parent to support the child or to contribute to its support and to pay
the costs of collecting the judgment.

3. The court may enforce the order by execution and the execution may
issue on request of the juvenile officer or any person, agency or
institution which has been awarded custody of the child. No deposit or
bond for costs shall be required as a condition for the issuance or
service of the execution. No property is exempt from execution upon a
judgment or decree made under this section, and all wages or other sums
due the parent is subject to garnishment or execution in any proceedings
under this section.

4. Otherwise the necessary support of the child shall, unless the court
commits the child to a person or institution willing to receive it
without charge, be paid out of the funds of the county but only upon
approval of the judge of the juvenile court. (L. 1957 p. 642 § 211.240)

(1979) Statutory authority to require and enforce contribution by parent
for support of child under jurisdiction of juvenile court implies
authority to adjudicate paternity. Miller v. Russell (A.), 593 S.W.2d 598.

1. A decree of the juvenile court made under the provisions of
section 211.181 may be modified at any time on the court's own motion.

2. The juvenile officer, the parent, guardian, legal custodian, spouse,
relative or next friend of a child committed to the custody of an
institution or agency may, at any time, petition the court for a
modification of the order of custody. The court may deny the petition
without hearing or may, in its discretion, conduct a hearing upon the
issues raised and may make any orders relative to the issues as it deems
proper.

3. The authority of the juvenile court to modify a decree is subject to
the provisions of chapter 219, RSMo. (L. 1957 p. 642 § 211.250, A.L. 1989
H.B. 502, et al.)

(1955) Where parent seeks modification of court's order after finding
that children were neglected and award of custody of children to himself,
his morals are to be considered and burden is on him to show benefit to
children. Dansker v. Dansker (A.), 279 S.W.2d 505.

(1955) Motion of minor children by their natural parents to modify
judgments finding them abandoned children and awarding their custody to
third persons, should be granted where natural parents were fit persons
to have custody and able to care for them. State v. Pogue (A.), 282
S.W.2d 582.

(1956) Adjudication by juvenile court that child was a neglected child
under the juvenile court law does not permanently deprive parent of the
right to custody and in adoption case court must find willful abandonment
or neglect to provide proper care for one year before parent's consent to
adoption is unnecessary. In re Slaughter (A.), 290 S.W.2d 408.

1. An appeal shall be allowed to the child from any final
judgment, order or decree made under the provisions of this chapter and
may be taken on the part of the child by its parent, guardian, legal
custodian, spouse, relative or next friend. An appeal shall be allowed to
a parent from any final judgment, order or decree made under the
provisions of this chapter which adversely affects him. An appeal shall
be allowed to the juvenile officer from any final judgment, order or
decree made under this chapter, except that no such appeal shall be
allowed concerning a final determination pursuant to subdivision (3) of
subsection 1 of section 211.031. Notice of appeal shall be filed within
thirty days after the final judgment, order or decree has been entered
but neither the notice of appeal nor any motion filed subsequent to the
final judgment acts as a supersedeas unless the court so orders.

2. Notwithstanding the provisions of subsection 1 of this section, an
appeal shall be allowed to the juvenile officer from any order
suppressing evidence, a confession or an admission, in proceedings under
subdivision (3) of subsection 1 of section 211.031.

3. The appeal provided for in subsection 2 of this section shall be an
interlocutory appeal, filed in the appropriate district of the Missouri
court of appeals. Notice of such interlocutory appeal shall be filed
within three days of the entry of the order of trial court; the time
limits applicable to such appeal shall be the same as in interlocutory
appeals allowed to the state in criminal cases. (L. 1957 p. 642 §
211.260, A.L. 1994 S.B. 657)

(1954) An appeal from a juvenile court judgment finding minor delinquent
in that he committed burglary and larceny is not within the jurisdiction
of the supreme court either as a case of felony or as a civil case where
the state is a party. State v. Harold, 364 Mo. 1052, 271 S.W.2d 527.

(1955) Where information charged that nine minor children were neglected
and judgment ordered one removed from parents' home and took question as
to the other children under advisement, the case was not disposed of and
appeal was premature. State v. Couch (A.), 285 S.W.2d 42.

(1956) The determination of the status of the child and the determination
of the question of commitment are separate and distinct proceedings, each
terminating in a final judgment from which an appeal lies. In re Juvenile
Delinquency Appeal (A.), 289 S.W.2d 436.

(1958) A juvenile proceeding is not a criminal case but partakes of a
"civil" character so that on appeal reviewing court is not required to
examine record in light of motion for new trial as required by § 547.270,
RSMo. In re C . . . . . . . (A.), 314 S.W.2d 756.

(1962) Appeal by parents from judgment terminating parental rights is
authorized by section 211.261. In re Burgess (A.), 359 S.W.2d 484.

(1962) Father's appeal from order making minor sons wards of court and
committing them to custody of division of welfare, filed more than 30
days after entry of final judgment, dismissed. In re R.,S., and T. (A.),
362 S.W.2d 642.

1. No adjudication by the juvenile court upon the status of a
child shall be deemed a conviction nor shall the adjudication operate to
impose any of the civil disabilities ordinarily resulting from conviction
nor shall the child be found guilty or be deemed a criminal by reason of
the adjudication.

2. No child shall be charged with a crime or convicted unless the case is
transferred to a court of general jurisdiction as provided in this
chapter.

3. After a child is taken into custody as provided in section 211.131,
all admissions, confessions, and statements by the child to the juvenile
officer and juvenile court personnel and all evidence given in cases
under this chapter, as well as all reports and records of the juvenile
court, are not lawful or proper evidence against the child and shall not
be used for any purpose whatsoever in any proceeding, civil or criminal,
other than proceedings under this chapter.

4. The disposition made of a child and the evidence given in the court
does not operate to disqualify the child in any future civil or military
service application or appointment. (L. 1957 p. 642 § 211.270, A.L. 1969
p. 353)

(1970) Statement made to juvenile officer by juvenile and considered by
juvenile court in deciding whether juvenile should be tried as adult is
not lawful or proper evidence against juvenile in any criminal, civil, or
other proceeding. State v. Arbeiter (Mo.), 449 S.W.2d 627.

(1971) Refusal by trial court to allow defendant to impeach state's four
principal witnesses, adults at time of trial, on the basis that each had
previously committed an offense while a juvenile, which would have been a
crime if committed by an adult, was upheld. State v. Williams (Mo.), 473
S.W.2d 388.

(1973) Held that Miranda warning must be understood by juvenile to be
effectively waived. Juvenile has right to have parental protection at the
time of custodial interrogation. Failure to have an attorney or a natural
parent, guardian or adult friend present during custodial questioning
barred introduction of confession in juvenile proceedings. In re K. W. B.
(A.), 500 S.W.2d 275.

(1974) Under subsection 3 of this section, subject to constitutional
protections being observed, any statements, admissions or confessions
obtained by juvenile officer from juvenile are admissible in proceedings
under Ch. 211 to determine "delinquency" which may lead to commitment to
a state institution. In Interest of M_________ C________ (A.), 504 S.W.2d
641.

(1974) Held that failure to warn juvenile that he might be tried as an
adult in connection with giving of Miranda warning was insufficient when
juvenile was in fact tried as an adult and statement made to police was
inadmissible. State v. McMillan (Mo.), 514 S.W.2d 528.

(1974) Held that failure to warn a defendant that he may be certified and
tried as an adult will bar any admission made to juvenile court personnel
and will prohibit use of physical evidence obtained as a result of such
admission or statement in a subsequent trial as an adult. State v. Ross
(A.), 516 S.W.2d 311.

(1975) Held that Davis v. Alaska, 415 U.S. 308, does not amount to a
general condemnation of juvenile confidentiality provisions and that
where testimony of witness was cumulative refusal to allow
cross-examination on juvenile record to attack credibility was not a
denial of the right of effective cross-examination. State v. Walters
(A.), 528 S.W.2d 790.

(1984) Prohibition against the use of a juvenile's records in any civil
or criminal proceeding is intended to protect the juvenile, and was held
to have no application where the defendant in a wrongful death action
sought the use of such records to rebut damage claims based on the death
of the juvenile. Smith v. Harold's Supermarket, Inc. (Mo. App.), 685
S.W.2d 859.

(1992) Trial court violated the Eighth Amendment by refusing to give the
mitigating-circumstance instruction that defendant requested-- "The
defendant has no significant history of prior criminal activity."
Missouri statutes prohibit the introduction of a defendant's juvenile
record for any purpose. Lashley v. Armontrout, 957 F.2d 1495 (8th Cir.)

The costs of the proceedings in any case in the juvenile court
may, in the discretion of the court be adjudged against the parents of
the child involved or the informing witness as provided in section
211.081, as the case may be, and collected as provided by law. All costs
not so collected shall be paid by the county. (L. 1957 p. 642 § 211.320)

(1976) Fees of appointed counsel in juvenile court matters are not
"costs" and county is not required to pay appointed attorneys who
represent indigent juveniles. State ex rel. Cain v. Mitchell (Mo.), 543
S.W.2d 785.

1. In counties of the first and second class and in the city of
St. Louis a courtroom, to be designated the juvenile courtroom, shall be
provided by the county or circuit court of the county or city, as the
case may be, for the hearing of cases under this chapter.

2. In case of the absence or inability of the judge of the juvenile court
in any such county to hold court, any one of the circuit judges in the
judicial circuit may perform that duty. (L. 1957 p. 642 § 211.280)

1. In counties of the third and fourth class hearings may be
conducted in the judge's chambers or in such other room or apartment as
may be provided or designated by the judge of the juvenile court.

2. In case of the absence or inability of the juvenile judge to hold
court, he may request the supreme court to assign another circuit judge
to perform that duty. Any juvenile judge having more than one county
within his circuit, may, in his discretion, and in the interests of the
welfare of the child involved, act upon a juvenile case arising within
that circuit, irrespective of where, within the circuit, he may then be
holding court. (L. 1957 p. 642 § 211.290)

The clerk of the circuit court shall act as the clerk of the
juvenile court. (L. 1957 p. 642 § 211.300, A.L. 1978 H.B. 1634)

Effective 1-2-79

1. On or before July 1, 2005, all juvenile court proceedings
conducted pursuant to subdivision (1) of subsection 1 of section 211.031
and for termination of parental rights cases pursuant to sections 211.442
to 211.487 initiated by a juvenile officer or the division shall be open
to the public. The court, on its own motion, may exclude for good cause
shown any person or persons from the proceedings to protect the welfare
and best interests of the child and for exceptional circumstances. Any
party to a juvenile court proceeding referred to in this subsection,
except the state, may file a motion requesting that the general public be
excluded from the proceeding or any portion of the proceeding. Upon the
filing of such motion, the court shall hear arguments by the parties, but
no evidence, and shall make a determination whether closure is in the
best interest of the parties or whether it is in the public interest to
deny such motion. The court shall make a finding on the record when a
motion to close a hearing pursuant to this section is made and heard by
the court.

2. Notwithstanding the provisions of subsection 1 of this section, the
general public shall be excluded from all juvenile court proceedings
referred to in subsection 1 of this section during the testimony of any
child or victim and only such persons who have a direct interest in the
case or in the work of the court will be admitted to the proceedings.

3. For juvenile court proceedings described in subsection 1 of this
section, pleadings and orders of the juvenile court other than
confidential files and those specifically ordered closed by the juvenile
court judge shall be open to the general public. For purposes of this
section, "confidential file" means all other records and reports
considered closed or confidential by law, including but not limited to
medical reports, psychological or psychiatric evaluations, investigation
reports of the children's division, social histories, home studies, and
police reports and law enforcement records. Only persons who are found by
the court to have a legitimate interest shall be allowed access to
confidential or closed files. In determining whether a person has a
legitimate interest, the court shall consider the nature of the
proceedings, the welfare and safety of the public, and the interest of
any child involved.

4. For records made available to the public pursuant to this section:

(1) The identity of any child involved except the perpetrator shall not
be disclosed and all references in such records to the identity of any
child involved except the perpetrator shall be redacted prior to
disclosure to the public; and

(2) All information that may identify or lead to the disclosure of the
identity of a reporter of child abuse under sections 210.109 to 210.183,
RSMo, and section 352.400, RSMo, shall not be disclosed to the public.

5. The provisions of this section shall apply to juvenile court
proceedings and records specified in this section in which the initial
pleadings are filed on or after July 1, 2005. (L. 2004 H.B. 1453)

1. Records of juvenile court proceedings as well as all
information obtained and social records prepared in the discharge of
official duty for the court shall not be open to inspection or their
contents disclosed, except by order of the court to persons having a
legitimate interest therein, unless a petition or motion to modify is
sustained which charges the child with an offense which, if committed by
an adult, would be a class A felony under the criminal code of Missouri,
or capital murder, first degree murder, or second degree murder or except
as provided in subsection 2 of this section. In addition, whenever a
report is required under section 557.026, RSMo, there shall also be
included a complete list of certain violations of the juvenile code for
which the defendant had been adjudicated a delinquent while a juvenile.
This list shall be made available to the probation officer and shall be
included in the presentence report. The violations to be included in the
report are limited to the following: rape, sodomy, murder, kidnapping,
robbery, arson, burglary or any acts involving the rendering or threat of
serious bodily harm. The supreme court may promulgate rules to be
followed by the juvenile courts in separating the records.

2. In all proceedings under subdivision (2) of subsection 1 of section
211.031, the records of the juvenile court as well as all information
obtained and social records prepared in the discharge of official duty
for the court shall be kept confidential and shall be open to inspection
only by order of the judge of the juvenile court or as otherwise provided
by statute. In all proceedings under subdivision (3) of subsection 1 of
section 211.031 the records of the juvenile court as well as all
information obtained and social records prepared in the discharge of
official duty for the court shall be kept confidential and may be open to
inspection without court order only as follows:

(1) The juvenile officer is authorized at any time:

(a) To provide information to or discuss matters concerning the child,
the violation of law or the case with the victim, witnesses, officials at
the child's school, law enforcement officials, prosecuting attorneys, any
person or agency having or proposed to have legal or actual care, custody
or control of the child, or any person or agency providing or proposed to
provide treatment of the child. Information received pursuant to this
paragraph shall not be released to the general public, but shall be
released only to the persons or agencies listed in this paragraph;

(b) To make public information concerning the offense, the substance of
the petition, the status of proceedings in the juvenile court and any
other information which does not specifically identify the child or the
child's family;

(2) After a child has been adjudicated delinquent pursuant to subdivision
(3) of subsection 1 of section 211.031, for an offense which would be a
felony if committed by an adult, the records of the dispositional hearing
and proceedings related thereto shall be open to the public to the same
extent that records of criminal proceedings are open to the public.
However, the social summaries, investigations or updates in the nature of
presentence investigations, and status reports submitted to the court by
any treating agency or individual after the dispositional order is
entered shall be kept confidential and shall be opened to inspection only
by order of the judge of the juvenile court;

(3) As otherwise provided by statute;

(4) In all other instances, only by order of the judge of the juvenile
court.

3. Peace officers' records, if any are kept, of children shall be kept
separate from the records of persons seventeen years of age or over and
shall not be open to inspection or their contents disclosed, except by
order of the court. This subsection does not apply to children who are
transferred to courts of general jurisdiction as provided by section
211.071 or to juveniles convicted under the provisions of sections
578.421 to 578.437, RSMo. This subsection does not apply to the
inspection or disclosure of the contents of the records of peace officers
for the purpose of pursuing a civil forfeiture action pursuant to the
provisions of section 195.140, RSMo.

4. Nothing in this section shall be construed to prevent the release of
information and data to persons or organizations authorized by law to
compile statistics relating to juveniles. The court shall adopt
procedures to protect the confidentiality of children's names and
identities.

5. The court may, either on its own motion or upon application by the
child or his representative, or upon application by the juvenile officer,
enter an order to destroy all social histories, records, and information,
other than the official court file, and may enter an order to seal the
official court file, as well as all peace officers' records, at any time
after the child has reached his seventeenth birthday if the court finds
that it is in the best interest of the child that such action or any part
thereof be taken, unless the jurisdiction of the court is continued
beyond the child's seventeenth birthday, in which event such action or
any part thereof may be taken by the court at any time after the closing
of the child's case.

6. Nothing in this section shall be construed to prevent the release of
general information regarding the informal adjustment or formal
adjudication of the disposition of a child's case to a victim or a member
of the immediate family of a victim of any offense committed by the
child. Such general information shall not be specific as to location and
duration of treatment or detention or as to any terms of supervision.

7. Records of juvenile court proceedings as well as all information
obtained and social records prepared in the discharge of official duty
for the court shall be disclosed to the child fatality review panel
reviewing the child's death pursuant to section 210.192, RSMo, unless the
juvenile court on its own motion, or upon application by the juvenile
officer, enters an order to seal the records of the victim child. (L.
1957 p. 642 § 211.310, A.L. 1969 H.B. 227, A.L. 1980 S.B. 512, A.L. 1989
H.B. 502, et al., A.L. 1993 H.B. 562, A.L. 1994 S.B. 595, A.L. 1995 H.B.
174, et al., A.L. 2004 H.B. 1453)

(1968) Issuance of a subpoena duces tecum requiring juvenile court to
furnish records of defendant after jurisdiction of defendant had been
transferred to circuit court was proper and records could properly be
inspected. State v. Regan (Mo.), 427 S.W.2d 371.

The juvenile division of each circuit court shall report
statistics and information relating to the nature, extent and causes of
and conditions contributing to the delinquency of children and
information relating to the existence and effectiveness of delinquency
prevention and rehabilitation programs operated by the courts, upon
request of the division of youth services, to the division of youth
services. (L. 1982 H.B. 1171, et al.)

1. The state courts administrator shall:

(1) Evaluate existing services by establishing performance standards
including performance standards for juvenile courts receiving diversion
funds;

(2) Develop standards for orientation training for all new juvenile court
professional personnel, including juvenile officers, deputy juvenile
officers and other personnel deemed necessary by the state courts
administrator;

(3) Develop standards for continuing education for existing juvenile
court professional personnel, including juvenile officers, deputy
juvenile officers and other personnel deemed necessary by the state
courts administrator;

(4) Develop a process to evaluate services and collect relevant outcome
data;

(5) Develop a standardized assessment form for classifying juvenile
offenders; and

(6) Develop guidelines for juvenile court judges to use in determining
the length of time a child may be detained prior to informal adjustment
or formal adjudication.

2. Standards, training and assessment forms developed pursuant to
subsection 1 of this section shall be developed considering racial
disparities in the juvenile justice system. (L. 1995 H.B. 174, et al. § 3)

The juvenile court shall:

(1) Provide to the state courts administrator outcome data for youth
receiving formal and informal services on forms developed by the state
courts administrator;

(2) Require new juvenile court professional personnel to have orientation
training as provided in section 211.326;

(3) Require existing professional personnel to have continuing education
as provided in section 211.326. (L. 1995 H.B. 174, et al. § 4)

1. In each county of the first and second classifications and in
the city of St. Louis, it is the duty of the county commission, or, where
there is no county commission, such other authorized body, to provide a
place of detention for children coming within the provisions of this
chapter. It is also the duty of the county commission or other authorized
body to provide offices for the personnel of the juvenile court.

2. The place of detention shall be so located and arranged that the child
being detained does not come in contact, at any time or in any manner,
with adults convicted or under arrest, and the care of children in
detention shall approximate as closely as possible the care of children
in good homes.

3. The place of detention shall be in charge of a superintendent. The
judge of the juvenile court or the family court administrator, if
provided by local rule, shall appoint and fix the compensation and
maintenance of the superintendent and of any assistants or other
personnel required to operate the detention facility. Such compensation
and maintenance are payable out of funds of the county.

4. The county commission or other governing body of the county is
authorized to lease or to acquire by purchase, gift or devise land for
such purpose, and to erect buildings thereon and to provide funds to
equip and maintain the same for the subsistence and education of the
children placed therein. (L. 1957 p. 642 § 211.160, A.L. 1998 H.B. 1226)

(1979) County charter provision relating to power of a county official to
control places of detention and correction for juveniles was without
effect as statute placed control of such facilities in juvenile court.
State ex rel. St. Louis County v. Edwards, et al. (Mo.), 589 S.W.2d 283.

Notwithstanding the provisions of section 211.331 or any other
provision of law in conflict with the provisions of this section, no
county which becomes a county of the second class after September 28,
1987, shall be required to provide a place of detention for children. The
governing body of any such county may provide such a facility, and if it
does so, then all provisions of law relating to the operation and support
of such a facility by a county of second class shall be applicable. (L.
1987 S.B. 65, et al.)

Effective 1-1-88

1. Counties of the third and fourth classes within one judicial
circuit, shall, upon the written recommendation of the circuit judge of
that judicial circuit, establish a place of juvenile detention to serve
all of the counties within that judicial circuit, and in like manner, the
counties shall supply offices for the juvenile officers of that circuit.
The recommendation of the circuit judge shall be made only after a
hearing conducted by him, after thirty days' notice, to determine the
need and feasibility of establishing such a place of detention within the
judicial circuit. The provisions of section 211.331 apply as to the form
of operation and means of maintenance of the place of detention, except
that the total cost of establishment and operation of the places of
detention shall be prorated among the several counties within that
judicial circuit upon a ratio to be determined by a comparison of the
respective populations of the counties. The point of location of the
place of juvenile detention shall be determined by the circuit judge of
the judicial circuit.

2. Circuit judges of any two or more adjoining judicial circuits after a
hearing as provided in subsection 1 may, by agreement confirmed by
judicial order, and in the interest of economy of administration,
establish one place of juvenile detention to serve their respective
judicial circuits. In such event, the circuit judges so agreeing shall
jointly govern the affairs of the place of detention and the cost thereof
shall be apportioned among the counties served in the manner provided for
in subsection 1.

3. Any county of the third or fourth class desiring to provide its own
place of juvenile detention may do so in the manner prescribed for
counties of the first and second classes. (L. 1957 p. 642 § 211.170)

The Missouri supreme court shall by January 1, 1991, establish
rules or standards for the operation of juvenile detention facilities.
(L. 1989 H.B. 502, et al. § 6)

1. The juvenile court shall appoint a juvenile officer and other
necessary juvenile court personnel to serve under the direction of the
court in each county of the first and second class and the circuit judge
in circuits comprised of third and fourth class counties:

(1) May appoint a juvenile officer and other necessary personnel to serve
the judicial circuit; or

(2) Circuit judges of any two or more adjoining circuits may by
agreement, confirmed by judicial order, appoint a juvenile officer and
other necessary personnel to serve their respective judicial circuits
and, in such a case, the juvenile officers and other persons appointed
shall serve under the joint direction of the judges so agreeing.

2. In the event a juvenile officer and other juvenile court personnel are
appointed to serve as provided in subdivisions (1) and (2) of subsection
1 of this section, the total cost to the counties for the compensation of
these persons shall be prorated among the several counties and upon a
ratio to be determined by a comparison of the respective populations of
the counties.

3. In each judicial circuit, a grievance review committee shall be
appointed by the circuit court en banc to serve as final administrative
authority of a grievance regarding personnel policy or action that
negatively affects an employee of the family court and/or juvenile court
who is not governed by the Missouri circuit court personnel system. The
grievance review committee may be comprised of either the circuit court
en banc, a committee of not less than three circuit or associate circuit
judges, or other body established by local court rule. (L. 1957 p. 642 §
211.340, A.L. 1995 H.B. 174, et al.)

1. Whenever the need arises for the appointment of a juvenile
officer, the juvenile court shall either:

(1) Provide, by rule of court, for open competitive written and oral
examinations and create an eligible list of persons who possess the
qualifications prescribed by subdivision (2) and who have successfully
passed such examination; or

(2) Appoint any person over the age of twenty-one years who has completed
satisfactorily four years of college education with a major in sociology
or related subjects or who, in lieu of such academic training, has had
four years or more experience in social work with juveniles in probation
or allied services.

2. This section does not terminate the existing appointment nor present
term of office of any juvenile officer or deputy juvenile officer in any
county, but it applies to any appointment to be made after the existing
appointment or term of office of any incumbent terminates or expires for
any reason whatsoever. (L. 1957 p. 642 § 211.350)

1. In each judicial circuit the following employees of the
juvenile court shall annually receive as compensation the following
amounts:

(1) One juvenile officer, beginning January 1, 1985, twenty-one thousand
six hundred ninety dollars; beginning January 1, 1986, twenty-four
thousand six hundred ninety dollars;

(2) One chief deputy juvenile officer and the chief officer assigned to
courts of domestic relations, beginning January 1, 1985, eighteen
thousand six hundred fifty dollars; beginning January 1, 1986, twenty
thousand six hundred fifty dollars;

(3) Each deputy juvenile officer, class 1, beginning January 1, 1985,
sixteen thousand three hundred ten dollars; beginning January 1, 1986,
eighteen thousand ten dollars;

(4) Each deputy juvenile officer, class 2, beginning January 1, 1985,
fourteen thousand five hundred eighty dollars; beginning January 1, 1986,
sixteen thousand eighty dollars;

(5) Each deputy juvenile officer, class 3, beginning January 1, 1985,
twelve thousand nine hundred fifty dollars; beginning January 1, 1986,
fourteen thousand three hundred fifty dollars.

2. On September 28, 1985, the compensation of the employees of the
juvenile court provided by subsection 1 of this section shall be
increased by an amount equivalent to the annual salary adjustment
approved pursuant to section 476.405, RSMo, for employees of the judicial
department for the fiscal year beginning July 1, 1985, and on January 1,
1986, salaries shall be increased to the amount specified in subsection 1
of this section.

3. After January 1, 1986, each juvenile officer shall receive in addition
to any salary provided by subsections 1 and 2 of this section any salary
adjustments approved after September 28, 1985, pursuant to section
476.405, RSMo. After January 1, 1986, each chief deputy juvenile officer,
chief officer assigned to courts of domestic relations and deputy
juvenile officers shall receive in addition to any salary provided by
subsections 1 and 2 of this section an amount equivalent to any salary
adjustments approved after September 28, 1985, provided to employees of
the judicial department pursuant to section 476.405, RSMo. Each such
salary adjustment shall be applicable to the total compensation provided
by subsections 1, 2, and 3 of this section.

4. Actual expenses, including mileage allowance not to exceed that amount
allowed state officers for each mile traveled on official business but
exclusive of office expense, incurred by the employees while in the
performance of their official duties shall be reimbursed to them out of
county or city funds upon the approval of the judge of the juvenile court.

5. Except for counties of the second class in circuits composed of a
single county of the second class and counties of the second class in
circuits composed of two counties of the second class, in second, third
and fourth class counties the compensation for employees of the juvenile
court provided by this section is the total amount of compensation the
employee shall receive for duties pertaining to the juvenile court and
includes the compensation provided by any other provision of law.

6. Beginning on August 28, 1993, all deputy juvenile officers which were
class 4 prior to August 28, 1993, shall become class 3 deputy juvenile
officers. (L. 1957 p. 642 § 211.360, A.L. 1965 p. 362, A.L. 1967 p. 333,
A.L. 1972 H.B. 1331, A.L. 1977 S.B. 121, A.L. 1982 S.B. 497, A.L. 1984
S.B. 694, S.B. 581, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1554
Revision, A.L. 1993 S.B. 88 merged with S.B. 180)

Revisor's note: Salary adjustment index is printed, as required by §
476.405, in Appendix D.

CROSS REFERENCE: Higher mileage allowance to be paid by county, when,
RSMo 50.333

As a provider of programs and services to children and families
at the local level, the juvenile court system may recruit and retain
qualified professionals to provide vital services to children in local
communities and to the citizens of the state. In order to provide these
critical services, an enhanced partnership between the state and the
counties shall be established. This partnership provides greater
assistance to both single and multicounty circuits by the state assuming
the juvenile court employees of the multicounty circuits as state
employees while maintaining the current status of juvenile court
employees in a single county circuit in which all juvenile court
employees are provided with retirement and other fringe benefits at the
time of this enactment. (L. 1998 H.B. 971)

Effective 7-1-99

1. For purposes of this section, the following words and phrases
mean:

(1) "County retirement plan", any public employees' defined benefit
retirement plan established by law that provides retirement benefits to
county or city employees, but not to include the county employees'
retirement system as provided in sections 50.1000 to 50.1200, RSMo;

(2) "Juvenile court employee", any person who is employed by a juvenile
court in a position normally requiring one thousand hours or more of
service per year but not including any service in such a position that
was financed in whole or in part by a public or private grant on or after
July 1, 1999;

(3) "Juvenile officer", any juvenile officer appointed pursuant to
section 211.351;

(4) "Multicounty circuit", all other judicial circuits not included in
the definition of a single county circuit;

(5) "Single county circuit", a judicial circuit composed of a single
county of the first classification, including the circuit for the city of
St. Louis;

(6) "State retirement plan", the public employees' retirement plan
administered by the Missouri state employees' retirement system pursuant
to chapter 104, RSMo.

2. Juvenile court employees employed in a single county circuit shall be
subject to the following provisions:

(1) The juvenile officer employed in such circuits on and prior to July
1, 1999, shall:

(a) Be state employees on that portion of their salary received from the
state pursuant to section 211.381, and in addition be county employees on
that portion of their salary provided by the county at a rate determined
pursuant to section 50.640, RSMo;

(b) Receive state-provided benefits, including retirement benefits from
the state retirement plan, on that portion of their salary paid by the
state and may participate as members in a county retirement plan on that
portion of their salary provided by the county except any juvenile
officer whose service as a juvenile court officer is being credited based
on all salary received from any source in a county retirement plan on
June 30, 1999, shall not be eligible to receive state-provided benefits,
including retirement benefits, or any creditable prior service as
described in this section but shall continue to participate in such
county retirement plan;

(c) Receive creditable prior service in the state retirement plan for
service rendered as a juvenile court employee, to the extent they have
not already received credit for such service in a county retirement plan
on salary paid to them for such service, if such service was rendered in
a judicial circuit that was not a single county of the first
classification;

(d) Receive creditable prior service pursuant to paragraph (c) of this
subdivision even though they already have received credit for such
creditable service in a county retirement plan if they elect to forfeit
their creditable service from such plan in which case such plan shall
transfer to the state retirement plan an amount equal to the actuarial
accrued liability for the forfeited creditable service, determined as if
the person were going to continue to be an active member of the county
retirement plan, less the amount of any refunds of member contributions;

(e) Receive creditable prior service for service rendered as a juvenile
court employee in a position that was financed in whole or in part by a
public or private grant prior to July 1, 1999, pursuant to the provisions
of paragraph (e) of subdivision (1) of subsection 3 of this section;

(2) Juvenile officers who begin employment for the first time as a
juvenile officer in a single county circuit on or after July 1, 1999,
shall:

(a) Be county employees and receive salary from the county at a rate
determined pursuant to section 50.640, RSMo, subject to reimbursement by
the state as provided in section 211.381; and

(b) Participate as members in the applicable county retirement plan
subject to reimbursement by the state for the retirement contribution due
on that portion of salary reimbursed by the state;

(3) All other juvenile court employees who are employed in a single
county circuit on or after July 1, 1999:

(a) Shall be county employees and receive a salary from the county at a
rate determined pursuant to section 50.640, RSMo; and

(b) Shall, in accordance with their status as county employees, receive
other county-provided benefits including retirement benefits from the
applicable county retirement plan if such employees otherwise meet the
eligibility requirements for such benefits;

(4) (a) The state shall reimburse each county comprised of a single
county circuit for an amount equal to the greater of:

a. Twenty-five percent of such circuit's total juvenile court personnel
budget, excluding the salary for a juvenile officer, for calendar year
1997, and excluding all costs of retirement, health and other fringe
benefits; or

b. The sum of the salaries of one chief deputy juvenile officer and one
deputy juvenile officer class I, as provided in section 211.381;

(b) The state may reimburse a single county circuit up to fifty percent
of such circuit's total calendar year 1997 juvenile court personnel
budget, subject to appropriations. The state may reimburse, subject to
appropriations, the following percentages of such circuits' total
juvenile court personnel budget, expended for calendar year 1997,
excluding the salary for a juvenile officer, and excluding all costs of
retirement, health and other fringe benefits: thirty percent beginning
July 1, 2000, until June 30, 2001; forty percent beginning July 1, 2001,
until June 30, 2002; fifty percent beginning July 1, 2002; however, no
county shall receive any reimbursement from the state in an amount less
than the greater of:

a. Twenty-five percent of the total juvenile court personnel budget of
the single county circuit expended for calendar year 1997, excluding
fringe benefits; or

b. The sum of the salaries of one chief deputy juvenile officer and one
deputy juvenile officer class I, as provided in section 211.381;

(5) Each single county circuit shall file a copy of its initial 1997 and
each succeeding year's budget with the office of administration after
January first each year and prior to reimbursement. The office of
administration shall make payment for the reimbursement from
appropriations made for that purpose on or before July fifteenth of each
year following the calendar year in which the expenses were made. The
office of administration shall submit the information from the budgets
relating to full-time juvenile court personnel from each county to the
general assembly;

(6) Any single county circuit may apply to the office of the state courts
administrator to become subject to subsection 3 of this section, and such
application shall be approved subject to appropriation of funds for that
purpose;

(7) The state auditor may audit any single county circuit to verify
compliance with the requirements of this section, including an audit of
the 1997 budget.

3. Juvenile court employees in multicounty circuits shall be subject to
the following provisions:

(1) Juvenile court employees including detention personnel hired in 1998
in those multicounty circuits who began actual construction on detention
facilities in 1996, employed in a multicounty circuit on or after July 1,
1999, shall:

(a) Be state employees and receive all salary from the state, which shall
include any salary as provided in section 211.381 in addition to any
salary provided by the applicable county or counties during calendar year
1997 and any general salary increase approved by the state of Missouri
for fiscal year 1999 and fiscal year 2000;

(b) Participate in the state retirement plan;

(c) Receive creditable prior service in the state retirement plan for
service rendered as a juvenile court employee, to the extent they have
not already received credit for such service in a county retirement plan
on salary paid to them for such service if such service was rendered in a
judicial circuit that was not a single county of the first
classification, except that if they forfeited such credit in such county
retirement plan prior to being eligible to receive creditable prior
service under this paragraph, they may receive creditable service under
this paragraph;

(d) Receive creditable prior service pursuant to paragraph (c) of this
subdivision even though they already have received credit for such
creditable service in a county retirement plan if they elect within six
months from the date they become participants in the state retirement
plan pursuant to this section to forfeit their service from such plan in
which case such plan shall transfer to the state retirement plan an
amount equal to the actuarial accrued liability for the forfeited
creditable service, determined as if the person was going to continue to
be an active member of the county retirement plan, less the amount of any
refunds of member contributions;

(e) Receive creditable prior service for service rendered as a juvenile
court employee in a position that was financed in whole or in part by a
public or private grant prior to July 1, 1999:

a. Pursuant to paragraph (c) of this subdivision, except that if they
already received credit for such creditable service in a county
retirement plan, they may not receive creditable prior service pursuant
to paragraph (c) of this subdivision unless they elect to forfeit their
service from such plan, in which case such plan shall transfer to the
state retirement plan an amount equal to the actuarial liability for the
forfeited creditable service, determined as if the person was going to
continue to be an active member of the county retirement plan, less the
amount of any refunds of member contributions;

b. Pursuant to subparagraph a. of this paragraph, if they terminated
employment prior to August 28, 2004, and apply to the board of trustees
of the state retirement plan to be made and employed as a special
consultant and be available to give opinions regarding retirement;

c. Pursuant to subparagraph a. of this paragraph, if they retired prior
to August 28, 2004, and apply to the board of trustees of the state
retirement plan to be made and employed as a special consultant and be
available to give opinions regarding retirement, in which case they shall
have their retirement benefits adjusted so they receive retirement
benefits equal to the amount they would have received had their
retirement benefit been initially calculated to include such creditable
prior service;

d. Pursuant to subparagraph a. of this paragraph, if they purchased
creditable prior service pursuant to section 104.344, RSMo, or section
105.691, RSMo, based on service as a juvenile court employee in a
position that was financed in whole or in part by a public or private
grant prior to July 1, 1999, in which case they shall receive a refund
based on the amount paid for such purchased service;

(2) Juvenile court employee positions added after December 31, 1997,
shall be terminated and not subject to the provisions of subdivision (1)
of this subsection, unless the office of the state courts administrator
requests and receives an appropriation specifically for such positions;

(3) The salary of any juvenile court employee who becomes a state
employee, effective July 1, 1999, shall be limited to the salary provided
by the state of Missouri, which shall be set in accordance with
guidelines established by the state pursuant to a salary survey conducted
by the office of the state courts administrator, but such salary shall in
no event be less than the amount specified in paragraph (a) of
subdivision (1) of this subsection. Notwithstanding any provision to the
contrary in subsection 1 of section 211.394, such employees shall not be
entitled to additional compensation paid by a county as a public officer
or employee. Such employees shall be considered employees of the judicial
branch of state government for all purposes;

(4) All other employees of a multicounty circuit who are not juvenile
court employees as defined in subsection 1 of this section shall be
county employees subject to the county's own terms and conditions of
employment.

4. The receipt of creditable prior service as described in paragraph (c)
of subdivision (1) of subsection 2 of this section and paragraph (c) of
subdivision (1) of subsection 3 of this section is contingent upon the
office of the state courts administrator providing the state retirement
plan information, in a form subject to verification and acceptable to the
state retirement plan, indicating the dates of service and amount of
monthly salary paid to each juvenile court employee for such creditable
prior service.

5. No juvenile court employee employed by any single or multicounty
circuit shall be eligible to participate in the county employees'
retirement system fund pursuant to sections 50.1000 to 50.1200, RSMo.

6. Each county in every circuit in which a juvenile court employee
becomes a state employee shall maintain each year in the local juvenile
court budget an amount, defined as "maintenance of effort funding", not
less than the total amount budgeted for all employees of the juvenile
court including any juvenile officer, deputy juvenile officer, or other
juvenile court employees in calendar year 1997, minus the state
reimbursements as described in this section received for the calendar
year 1997 personnel costs for the salaries of all such juvenile court
employees who become state employees. The juvenile court shall provide a
proposed budget to the county commission each year. The budget shall
contain a separate section specifying all funds to be expended in the
juvenile court. Such funding may be used for contractual costs for
detention services, guardians ad litem, transportation costs for those
circuits without detention facilities to transport children to and from
detention and hearings, short-term residential services, indebtedness for
juvenile facilities, expanding existing detention facilities or services,
continuation of services funded by public grants or subsidy, and
enhancing the court's ability to provide prevention, probation,
counseling and treatment services. The county commission may review such
budget and may appeal the proposed budget to the judicial finance
commission pursuant to section 50.640, RSMo.

7. Any person who is employed on or after July 1, 1999, in a position
covered by the state retirement plan or the transportation department and
highway patrol retirement system and who has rendered service as a
juvenile court employee in a judicial circuit that was not a single
county of the first classification shall be eligible to receive
creditable prior service in such plan or system as provided in
subsections 2 and 3 of this section. For purposes of this subsection, the
provisions of paragraphs (c) and (d) of subdivision (1) of subsection 2
of this section and paragraphs (c) and (d) of subdivision (1) of
subsection 3 of this section that apply to the state retirement plan
shall also apply to the transportation department and highway patrol
retirement system.

8. (1) Any juvenile officer who is employed as a state employee in a
multicounty circuit on or after July 1, 1999, shall not be eligible to
participate in the state retirement plan as provided by this section
unless such juvenile officer elects to:

(a) Receive retirement benefits from the state retirement plan based on
all years of service as a juvenile officer and a final average salary
which shall include salary paid by the county and the state; and

(b) Forfeit any county retirement benefits from any county retirement
plan based on service rendered as a juvenile officer.

(2) Upon making the election described in this subsection, the county
retirement plan shall transfer to the state retirement plan an amount
equal to the actuarial accrued liability for the forfeited creditable
service determined as if the person was going to continue to be an active
member of the county retirement plan, less the amount of any refunds of
member contributions.

9. The elections described in this section shall be made on forms
developed and made available by the state retirement plan. (L. 1965 p.
362, A.L. 1967 pp. 333, 335, A.L. 1972 H.B. 1331, A.L. 1977 S.B. 121,
A.L. 1978 H.B. 1634, A.L. 1980 H.B. 1266, A.L. 1982 S.B. 497, A.L. 1984
S.B. 581, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1554 Revision, A.L.
1988 S.B. 622, A.L. 1989 H.B. 502, et al., A.L. 1995 H.B. 174, et al.,
A.L. 1998 H.B. 971, A.L. 2004 S.B. 1195)

Revisor's note: Salary adjustment index is printed, as required by §
476.405, in Appendix D.

1. The provisions of subsection 5 of section 211.381, to the
contrary notwithstanding, the salary determined pursuant to subsections
1, 2 and 3 of section 211.381 is a limit to the state contribution to the
compensation paid to juvenile court personnel and is not a limit to the
total compensation that may be paid. Any compensation above the amounts
determined pursuant to the provisions of this subsection shall be
approved by the judge of the juvenile court and the governing body of the
city or county providing such additional compensation.

2. Any funds paid to the counties under the provisions of section 211.393
and this section shall not be considered to be a part of the total state
revenue as defined in article X, section 18 of the Constitution of
Missouri. (L. 1988 S.B. 622 §§ 1, 2)

1. The juvenile officer shall, under direction of the juvenile
court:

(1) Make such investigations and furnish the court with such information
and assistance as the judge may require;

(2) Keep a written record of such investigations and submit reports
thereon to the judge;

(3) Take charge of children before and after the hearing as may be
directed by the court;

(4) Perform such other duties and exercise such powers as the judge of
the juvenile court may direct.

2. The juvenile officer is vested with all the power and authority of
sheriffs to make arrests and perform other duties incident to his office.

3. The juvenile officers or other persons acting as such in the several
counties of the state shall cooperate with each other in carrying out the
purposes and provisions of this chapter. (L. 1957 p. 642 § 211.380)

1. It is the duty of circuit, prosecuting and city attorneys,
and county counselors representing the state or a city in any court, to
give the juvenile officer such aid and cooperation as may not be
inconsistent with the duties of their offices.

2. It is the duty of police officers, sheriffs and other authorized
persons taking a child into custody to give information of that fact
immediately to the juvenile court or to the juvenile officer or one of
his deputies and to furnish the juvenile court or the juvenile officer
all the facts in their possession pertaining to the child, its parents,
guardian or other persons interested in the child, together with the
reasons for taking the child into custody.

3. It is the duty of all other public officials and departments to render
all assistance and cooperation within their jurisdictional power which
may further the objects of this chapter. The court is authorized to seek
the cooperation of all societies and organizations having for their
object the protection or aid of children and of any person or
organization interested in the welfare of children. (L. 1957 p. 642 §
211.390, A.L. 1978 H.B. 1634)

Effective 1-2-79

1. After any child has come under the care or control of the
juvenile court as provided in this chapter, any person who thereafter
encourages, aids, or causes the child to commit any act or engage in any
conduct which would be injurious to the child's morals or health or who
knowingly or negligently disobeys, violates or interferes with a lawful
order of the court with relation to the child, is guilty of contempt of
court, and shall be proceeded against as now provided by law and punished
by imprisonment in the county jail for a term not exceeding six months or
by a fine not exceeding five hundred dollars or by both such fine and
imprisonment.

2. If it appears at a juvenile court hearing that any person seventeen
years of age or over has violated section 568.045 or 568.050, RSMo, by
endangering the welfare of a child, the judge of the juvenile court shall
refer the information to the prosecuting or circuit attorney, as the case
may be, for appropriate proceedings. (L. 1957 p. 642 § 211.330, A.L. 1999
H.B. 359 merged with S.B. 237)

(1957) Conviction of defendant of contempt on charge that she negligently
disobeyed orders of court as to children held improper because order
allegedly disobeyed was one granting custody on certain conditions, and
violation of condition could not be contempt and also because judgment
was not responsive to charge. G . . . . . . v. Souder (A.), 305 S.W.2d
883.

1. Any person who has been adjudicated a delinquent by a
juvenile court for committing or attempting to commit a sex-related
offense which if committed by an adult would be considered a felony
offense pursuant to chapter 566, RSMo, including, but not limited to,
rape, forcible sodomy, child molestation and sexual abuse, shall be
considered a juvenile sex offender and shall be required to register as a
juvenile sex offender by complying with the registration requirements
provided for in this section. This requirement shall also apply to any
person who is or has been adjudicated a juvenile delinquent in any other
state or federal jurisdiction for committing or attempting to commit
offenses which would be proscribed herein.

2. Any state agency having supervision over a juvenile required to
register as a juvenile sex offender or any court having jurisdiction over
a juvenile required to register as a juvenile sex offender, or any person
required to register as a juvenile sex offender, shall, within ten days
of the juvenile offender moving into any county of this state, register
with the juvenile office of the county. If such juvenile offender changes
residence or address, the state agency, court or person shall inform the
juvenile office within ten days of the new residence or address and shall
also be required to register with the juvenile office of any new county
of residence. Registration shall be accomplished by completing a
registration form similar to the form provided for in section 589.407,
RSMo. Such form shall include, but is not limited to, the following:

(1) A statement in writing signed by the juvenile, giving the juvenile's
name, address, Social Security number, phone number, school in which
enrolled, place of employment, offense which requires registration,
including the date, place, and a brief description of such offense, date
and place of adjudication regarding such offense, and age and gender of
the victim at the time of the offense; and

(2) The fingerprints and a photograph of the juvenile.

3. Juvenile offices shall maintain the registration forms of those
juvenile offenders in their jurisdictions who register as required by
this section. Information contained on the registration forms shall be
kept confidential and may be released by juvenile offices to only those
persons and agencies who are authorized to receive information from
juvenile court records as provided by law, including, but not limited to,
those specified in section 211.321. State agencies having custody of
juveniles who fall within the registration requirements of this section
shall notify the appropriate juvenile offices when such juvenile
offenders are being transferred to a location falling within the
jurisdiction of such juvenile offices.

4. Any juvenile who is required to register pursuant to this section but
fails to do so or who provides false information on the registration form
is subject to disposition pursuant to this chapter. Any person seventeen
years of age or over who commits such violation is guilty of a class A
misdemeanor as provided for in section 211.431.

5. Any juvenile to whom the registration requirement of this section
applies shall be informed by the official in charge of the juvenile's
custody, upon the juvenile's discharge or release from such custody, of
the requirement to register pursuant to this section. Such official shall
obtain the address where such juvenile expects to register upon being
discharged or released and shall report the juvenile's name and address
to the juvenile office where the juvenile will be required to register.
This requirement to register upon discharge or release from custody does
not apply in situations where the juvenile is temporarily released under
guard or direct supervision from a detention facility or similar
custodial facility.

6. The requirement to register as a juvenile sex offender shall terminate
upon the juvenile offender reaching age twenty-one, unless such juvenile
offender is required to register as an adult offender pursuant to section
589.400, RSMo. (L. 1999 H.B. 348)

Any person seventeen years of age or over who willfully
violates, neglects or refuses to obey or perform any lawful order of the
court, or who violates any provision of this chapter is guilty of a class
A misdemeanor. (L. 1957 p. 642 § 211.410, A.L. 1982 S.B. 497)

As used in sections 211.442 to 211.487, unless the context
clearly indicates otherwise, the following terms mean:

(1) "Child", an individual under eighteen years of age;

(2) "Minor", any person who has not attained the age of eighteen years;

(3) "Parent", a biological parent or parents of a child, as well as, the
husband of a natural mother at the time the child was conceived, or a
parent or parents of a child by adoption, including both the mother and
the putative father of a child. The putative father of a child shall have
no legal relationship unless he, prior to the entry of a decree under
sections 211.442 to 211.487, has acknowledged the child as his own by
affirmatively asserting his paternity. (L. 1978 H.B. 972 § 1, A.L. 1982
H.B. 1171, et al., A.L. 1985 H.B. 366, et al.)

The provisions of sections 211.442 to 211.487 shall be construed
so as to promote the best interests and welfare of the child as
determined by the juvenile court in consideration of the following:

(1) The recognition and protection of the constitutional rights of all
parties in the proceedings;

(2) The recognition and protection of the birth family relationship when
possible and appropriate; and

(3) The entitlement of every child to a permanent and stable home. (L.
1985 H.B. 366, et al. § 211.440)

1. The juvenile court may, upon petition of the juvenile
officer, or the court before which a petition for adoption has been filed
pursuant to the provisions of chapter 453, RSMo, terminate the rights of
a parent to a child if the court finds that such termination is in the
best interests of the child and the parent has consented in writing to
the termination of his or her parental rights.

2. The written consent required by subsection 1 of this section may be
executed before or after the institution of the proceedings and shall be
acknowledged before a notary public. In lieu of such acknowledgment, the
signature of the person giving the written consent shall be witnessed by
at least two adult persons who are present at the execution whose
signatures and addresses shall be plainly written thereon and who
determine and certify that the consent is knowingly and freely given. The
two adult witnesses shall not be the prospective parents. The notary
public or witnesses shall verify the identity of the party signing the
consent.

3. The written consent required by subsection 1 of this section shall be
valid and effective only after the child is at least forty-eight hours
old and if it complies with the other requirements of section 453.030,
RSMo. (L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 S.B. 674)

CROSS REFERENCE: Application of law to adoption petitions filed on or
after August 28, 1997, RSMo 453.012

(1987) Termination of parental rights of father was not in the best
interest of adopted child even though father consented to termination
where father sought termination of parental rights pursuant to this
section in order to be relieved of financial obligations toward child
imposed on him by divorce decree. In Interest of B.L.G., 731 S.W.2d 492
(Mo. App.).

1. Any information that could justify the filing of a petition
to terminate parental rights may be referred to the juvenile officer by
any person. The juvenile officer shall make a preliminary inquiry and if
it does not appear to the juvenile officer that a petition should be
filed, such officer shall so notify the informant in writing within
thirty days of the referral. Such notification shall include the reasons
that the petition will not be filed. Thereupon, the informant may bring
the matter directly to the attention of the judge of the juvenile court
by presenting the information in writing, and if it appears to the judge
that the information could justify the filing of a petition, the judge
may order the juvenile officer to take further action, including making a
further preliminary inquiry or filing a petition.

2. Except as provided for in subsection 3 of this section, a petition to
terminate the parental rights of the child's parent or parents shall be
filed by the juvenile officer or the division, or if such a petition has
been filed by another party, the juvenile officer or the division shall
seek to be joined as a party to the petition, when:

(1) Information available to the juvenile officer or the division
establishes that the child has been in foster care for at least fifteen
of the most recent twenty-two months; or

(2) A court of competent jurisdiction has determined the child to be an
abandoned infant. For purposes of this subdivision, an "infant" means any
child one year of age or under at the time of filing of the petition. The
court may find that an infant has been abandoned if:

(a) The parent has left the child under circumstances that the identity
of the child was unknown and could not be ascertained, despite diligent
searching, and the parent has not come forward to claim the child; or

(b) The parent has, without good cause, left the child without any
provision for parental support and without making arrangements to visit
or communicate with the child, although able to do so; or

(3) A court of competent jurisdiction has determined that the parent has:

(a) Committed murder of another child of the parent; or

(b) Committed voluntary manslaughter of another child of the parent; or

(c) Aided or abetted, attempted, conspired or solicited to commit such a
murder or voluntary manslaughter; or

(d) Committed a felony assault that resulted in serious bodily injury to
the child or to another child of the parent.

3. If grounds exist for termination of parental rights pursuant to
subsection 2 of this section, the juvenile officer or the division may,
but is not required to, file a petition to terminate the parental rights
of the child's parent or parents if:

(1) The child is being cared for by a relative; or

(2) There exists a compelling reason for determining that filing such a
petition would not be in the best interest of the child, as documented in
the permanency plan which shall be made available for court review; or

(3) The family of the child has not been provided such services as
provided for in section 211.183.

4. The juvenile officer or the division may file a petition to terminate
the parental rights of the child's parent when it appears that one or
more of the following grounds for termination exist:

(1) The child has been abandoned. For purposes of this subdivision a
"child" means any child over one year of age at the time of filing of the
petition. The court shall find that the child has been abandoned if, for
a period of six months or longer:

(a) The parent has left the child under such circumstances that the
identity of the child was unknown and could not be ascertained, despite
diligent searching, and the parent has not come forward to claim the
child; or

(b) The parent has, without good cause, left the child without any
provision for parental support and without making arrangements to visit
or communicate with the child, although able to do so;

(2) The child has been abused or neglected. In determining whether to
terminate parental rights pursuant to this subdivision, the court shall
consider and make findings on the following conditions or acts of the
parent:

(a) A mental condition which is shown by competent evidence either to be
permanent or such that there is no reasonable likelihood that the
condition can be reversed and which renders the parent unable to
knowingly provide the child the necessary care, custody and control;

(b) Chemical dependency which prevents the parent from consistently
providing the necessary care, custody and control of the child and which
cannot be treated so as to enable the parent to consistently provide such
care, custody and control;

(c) A severe act or recurrent acts of physical, emotional or sexual abuse
toward the child or any child in the family by the parent, including an
act of incest, or by another under circumstances that indicate that the
parent knew or should have known that such acts were being committed
toward the child or any child in the family; or

(d) Repeated or continuous failure by the parent, although physically or
financially able, to provide the child with adequate food, clothing,
shelter, or education as defined by law, or other care and control
necessary for the child's physical, mental, or emotional health and
development;

(3) The child has been under the jurisdiction of the juvenile court for a
period of one year, and the court finds that the conditions which led to
the assumption of jurisdiction still persist, or conditions of a
potentially harmful nature continue to exist, that there is little
likelihood that those conditions will be remedied at an early date so
that the child can be returned to the parent in the near future, or the
continuation of the parent-child relationship greatly diminishes the
child's prospects for early integration into a stable and permanent home.
In determining whether to terminate parental rights under this
subdivision, the court shall consider and make findings on the following:

(a) The terms of a social service plan entered into by the parent and the
division and the extent to which the parties have made progress in
complying with those terms;

(b) The success or failure of the efforts of the juvenile officer, the
division or other agency to aid the parent on a continuing basis in
adjusting his circumstances or conduct to provide a proper home for the
child;

(c) A mental condition which is shown by competent evidence either to be
permanent or such that there is no reasonable likelihood that the
condition can be reversed and which renders the parent unable to
knowingly provide the child the necessary care, custody and control;

(d) Chemical dependency which prevents the parent from consistently
providing the necessary care, custody and control over the child and
which cannot be treated so as to enable the parent to consistently
provide such care, custody and control; or

(4) The parent has been found guilty or pled guilty to a felony violation
of chapter 566, RSMo, when the child or any child in the family was a
victim, or a violation of section 568.020, RSMo, when the child or any
child in the family was a victim. As used in this subdivision, a "child"
means any person who was under eighteen years of age at the time of the
crime and who resided with such parent or was related within the third
degree of consanguinity or affinity to such parent; or

(5) The child was conceived and born as a result of an act of forcible
rape. When the biological father has pled guilty to, or is convicted of,
the forcible rape of the birth mother, such a plea or conviction shall be
conclusive evidence supporting the termination of the biological father's
parental rights; or

(6) The parent is unfit to be a party to the parent and child
relationship because of a consistent pattern of committing a specific
abuse, including but not limited to, abuses as defined in section
455.010, RSMo, child abuse or drug abuse before the child or of specific
conditions directly relating to the parent and child relationship either
of which are determined by the court to be of a duration or nature that
renders the parent unable, for the reasonably foreseeable future, to care
appropriately for the ongoing physical, mental or emotional needs of the
child. It is presumed that a parent is unfit to be a party to the
parent-child relationship upon a showing that within a three-year period
immediately prior to the termination adjudication, the parent's parental
rights to one or more other children were involuntarily terminated
pursuant to subsection 2 or 3 of this section or subdivisions (1), (2),
(3) or (4) of subsection 4 of this section or similar laws of other
states.

5. The juvenile court may terminate the rights of a parent to a child
upon a petition filed by the juvenile officer or the division, or in
adoption cases, by a prospective parent, if the court finds that the
termination is in the best interest of the child and when it appears by
clear, cogent and convincing evidence that grounds exist for termination
pursuant to subsection 2, 3 or 4 of this section.

6. When considering whether to terminate the parent-child relationship
pursuant to subsection 2 or 3 of this section or subdivision (1), (2),
(3) or (4) of subsection 4 of this section, the court shall evaluate and
make findings on the following factors, when appropriate and applicable
to the case:

(1) The emotional ties to the birth parent;

(2) The extent to which the parent has maintained regular visitation or
other contact with the child;

(3) The extent of payment by the parent for the cost of care and
maintenance of the child when financially able to do so including the
time that the child is in the custody of the division or other
child-placing agency;

(4) Whether additional services would be likely to bring about lasting
parental adjustment enabling a return of the child to the parent within
an ascertainable period of time;

(5) The parent's disinterest in or lack of commitment to the child;

(6) The conviction of the parent of a felony offense that the court finds
is of such a nature that the child will be deprived of a stable home for
a period of years; provided, however, that incarceration in and of itself
shall not be grounds for termination of parental rights;

(7) Deliberate acts of the parent or acts of another of which the parent
knew or should have known that subjects the child to a substantial risk
of physical or mental harm.

7. The court may attach little or no weight to infrequent visitations,
communications, or contributions. It is irrelevant in a termination
proceeding that the maintenance of the parent-child relationship may
serve as an inducement for the parent's rehabilitation.

8. In actions for adoption pursuant to chapter 453, RSMo, the court may
hear and determine the issues raised in a petition for adoption
containing a prayer for termination of parental rights filed with the
same effect as a petition permitted pursuant to subsection 2, 3 or 4 of
this section. (L. 1978 H.B. 972 § 2, A.L. 1982 H.B. 1171, et al., A.L.
1985 H.B. 366, et al., A.L. 1990 H.B. 1370, et al., A.L. 1997 H.B. 343,
A.L. 1998 H.B. 1822 merged with S.B. 674)

Effective 7-1-98

CROSS REFERENCE: Application of law to adoption petitions filed on or
after August 28, 1997, RSMo 453.012

(2004) Provision concerning foster care custody is only a trigger for
filing a termination petition and not an independent ground for
termination. In re M.D.R., 124 S.W.3d 469 (Mo.banc).

(2004) Essential part of determination to terminate parental rights is
prospective analysis of future harm to child by continued relationship
with parent. In re K.A.W., 133 S.W.3d 1 (Mo.banc).

1. The petition for termination of parental rights shall be
filed in the juvenile court which has prior jurisdiction over the child
or, if no such prior jurisdiction exists, then the petition shall be
filed where the child is, and shall include:

(1) The name, sex, date and place of birth, and residence of the child,
if known after due and diligent search;

(2) If known after due and diligent search, the name, address and the
date of birth of the parent;

(3) The name and address of the person holding legal or actual custody of
the child, the guardian of the person of the child and the organization
or agency holding legal or actual custody or providing care for the child;

(4) The facts on which termination is sought and the ground or grounds
authorizing termination pursuant to section 211.447.

2. If there is more than one child in the family and a termination of
parental rights petition is being or has been prepared for each child,
the court may join the cases for disposition in one proceeding; provided,
however, that joinder of the cases is found to be in the best interests
of each child. (L. 1978 H.B. 972 § 3, A.L. 1985 H.B. 366, et al.)

1. Service of summons shall be made as in other civil cases in
the manner prescribed in section 506.150, RSMo. However, if service
cannot be made as prescribed in section 506.150, RSMo, and it is not
waived, then the service shall be made by mail or publication as provided
in section 506.160, RSMo.

2. Persons who shall be summoned and receive a copy of the petition shall
include:

(1) The parent of the child, including a putative father who has
acknowledged the child as his own by affirmatively asserting his
paternity, unless the parent has filed a consent to the termination of
parental rights in court;

(2) The guardian of the person of the child;

(3) The person, agency or organization having custody of the child;

(4) The foster parent, relative or other person with whom the child has
been placed; and

(5) Any other person whose presence the court deems necessary.

3. The court shall not require service in the case of a parent whose
identity is unknown and cannot be ascertained, or cannot be located.

4. Any person required to receive summons may waive appearance or service
of summons. (L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L.
1999 S.B. 1, et al.)

(1988) Section 211.453 is unconstitutional as a denial of due process
insofar as it removes the necessity of notice by publication to a parent
whose identity is unknown and cannot be ascertained or cannot be located.
In Interest of Loveheart, 762 S.W.2d 32 (Mo. en banc).

1. Within thirty days after the filing of the petition, the
juvenile officer shall meet with the court in order to determine that all
parties have been served with summons and to request that the court order
the investigation and social study.

2. If, at that time, all parties required to be served with summons have
not been served, the court, in its discretion, may extend the time for
service if the court finds that service may be forthcoming and that the
best interests of the child would be served thereby.

3. The court shall order an investigation and social study except in
cases filed under section 211.444. The investigation and social study
shall be made by the juvenile officer, the state division of family
services or a public or private agency authorized or licensed to care for
children or any other competent person, as directed by the court, and a
written report shall be made to the court to aid the court in determining
whether the termination is in the best interests of the child. It shall
include such matters as the parental background, the fitness and capacity
of the parent to discharge parental responsibilities, the child's home,
present adjustment, physical, emotional and mental condition, and such
other facts as are pertinent to the determination. Parties and attorneys
or guardians ad litem or volunteer advocates representing them before the
court shall have access to the written report. All ordered evaluations
and reports shall be made available to the parties and attorneys or
guardians ad litem or volunteer advocates representing them before the
court at least fifteen days prior to any dispositional hearing. (L. 1985
H.B. 366, et al.)

1. Within thirty days after the juvenile officer and the court
have met pursuant to section 211.455, the court shall hold the
dispositional hearing where the juvenile officer and any person on whom
summons and the petition were served shall have the right and power to
subpoena witnesses and present evidence. The court may require any and
all investigating division personnel connected with the particular case
to testify without privilege and subject to the rules of
cross-examination. Such witnesses shall receive as compensation the
witness fee and mileage provided in civil cases.

2. Stenographic notes or an authorized recording of the hearing shall be
required as in civil actions in the circuit court.

3. Any person, official or institution participating in good faith in the
making of a report, the taking of photographs or the making of
radiological examinations pursuant to sections 210.110 to 210.165, RSMo,
or the removal or retention of a child pursuant to sections 210.110 to
210.165, RSMo, shall have immunity from all civil liability which might
arise by reason of such actions. All such persons, officials and
institutions shall have the same immunity with respect to participation
in any judicial proceeding resulting from a report made pursuant to
sections 210.110 to 210.165, RSMo.

4. No legally recognized privileged communication, except that between
priest, minister, or rabbi and parishioner, and attorney client, shall
constitute grounds for excluding evidence at any proceeding for the
termination of parental rights. (L. 1985 H.B. 366, et al.)

1. In all actions to terminate parental rights, if not
previously appointed pursuant to section 210.160, RSMo, a guardian ad
litem shall be appointed for the child as soon as practicable after the
filing of the petition.

2. The parent or guardian of the person of the child shall be notified of
the right to have counsel, and if they request counsel and are
financially unable to employ counsel, counsel shall be appointed by the
court. Notice of this provision shall be contained in the summons. When
the parent is a minor or incompetent the court shall appoint a guardian
ad litem to represent such parent.

3. The guardian ad litem shall, during all stages of the proceedings:

(1) Be the legal representative of the child, and may examine,
cross-examine, subpoena witnesses and offer testimony. The guardian ad
litem may also initiate an appeal of any disposition that he determines
to be adverse to the best interests of the child;

(2) Be an advocate for the child during the dispositional hearing and aid
in securing a permanent placement plan for the child. To ascertain the
child's wishes, feelings, attachments, and attitudes, he shall conduct
all necessary interviews with persons, other than the parent, having
contact with or knowledge of the child and, if appropriate, with the
child;

(3) Protect the rights, interest and welfare of a minor or incompetent
parent by exercising the powers and duties enumerated in subdivisions (1)
and (2) of this subsection.

4. Court costs shall be paid by the county in which the proceeding is
instituted, except that the court may require the agency or person having
or receiving legal or actual custody to pay the costs. (L. 1978 H.B. 972
§ 5, A.L. 1985 H.B. 366, et al.)

1. Where a child has been placed with a foster parent, with
relatives or with other persons who are able and willing to permanently
integrate the child into the family by adoption, the court shall provide
the opportunity for such foster parent, relative or other person to
present evidence for the consideration of the court.

2. Current foster parents or other legal custodians who are not seeking
to adopt the child shall be given an opportunity to testify at all
hearings regarding the child. Upon the filing of a petition concerning a
minor child who is in the care of foster parents or other legal
custodians, the court shall give notice to such foster parents or legal
custodians of the filing, any future hearings held on such petition and
their opportunity to testify at any subsequent hearings held in relation
to such petition, unless such notice and opportunity is waived by such
foster or custodial parent. (L. 1985 H.B. 366, et al., A.L. 1998 S.B. 674)

1. If, after the dispositional hearing, the court finds that one
or more of the grounds set out in section 211.447 exists or that the
parent has consented to the termination pursuant to section 211.444 and
that it is in the best interests of the child, the court may terminate
the rights of the parent in and to the child. After ordering termination
and after consideration of the social study and report, the court shall
transfer legal custody to:

(1) The division of family services;

(2) A private child-placing agency;

(3) A foster parent, relative or other person participating in the
proceedings pursuant to section 211.464; or

(4) Any other person or agency the court deems suitable to care for the
child.

2. If only one parent consents or if the conditions specified in section
211.447 are found to exist as to only one parent, the rights of only that
parent with reference to the child may be terminated and the rights of
the other parent shall not be affected.

3. The court may order termination whether or not the child is in
adoptive placement or an adoptive placement is available for the child.

4. If, after the dispositional hearing, the court finds that one or more
of the grounds set out in section 211.447 exists, but that termination is
not in the best interests of the child because the court finds that the
child would benefit from the continued parent-child relationship or
because the child is fourteen or more years of age and objects to the
termination, the court may:

(1) Dismiss the petition and order that the child be returned to the
custody of the parent;

(2) Retain jurisdiction of the case and order that the child be placed in
the legal custody of the parent, the division, a private child-caring or
placing agency, a foster parent, relative or other suitable person who is
able to provide long-term care for the child. Any order of the court
under this subdivision shall designate the period of time it shall remain
in effect, with mandatory review by the court no later than six months
thereafter. The court shall also specify what residual rights and
responsibilities remain with the parent. Any individual granted legal
custody shall exercise the rights and responsibilities personally unless
otherwise authorized by the court; or

(3) Appoint a guardian under the provisions of chapter 475, RSMo.

5. Orders of the court issued pursuant to sections 211.442 to 211.487
shall recite the jurisdictional facts, factual findings on the existence
of grounds for termination and that the best interests of the child are
served by the disposition stated in the order.

6. The granting or denial of a petition for termination of parental
rights shall be deemed a final judgment for purposes of appeal.

(L. 1978 H.B. 972 § 8, A.L. 1985 H.B. 366, et al., A.L. 1999 S.B. 1, et
al., A.L. 2003 S.B. 63)

1. Sections 211.442 to 211.487 apply to all proceedings
commenced on or after September 28, 1985.

2. In any action for termination of parental rights pending prior to
September 28, 1985, the law in effect at the time of the filing of the
petition for termination of parental rights shall govern the hearing on
such petition and any appeal therefrom. (L. 1978 H.B. 972 § 10, A.L. 1985
H.B. 366, et al.)

Notwithstanding any other provision of law to the contrary, any
child who is placed in a not-for-profit residential group facility for
children by the juvenile court shall be eligible for medical assistance
benefits pursuant to the provisions of section 208.152, RSMo. In
addition, any child who is placed in a not-for-profit residential group
facility for children by the parent, and who is currently receiving
benefits pursuant to the provisions of section 208.152, RSMo, shall
continue to receive benefits while in the group home. The eligibility and
provisions of this section shall begin on the date of placement of the
child in the residential group facility and shall terminate on the date
the child is removed from such placement. (L. 1993 H.B. 564 § 27)

1. Any two or more counties within the state may form an
agreement to establish a regional juvenile detention district. The
district shall have a boundary which includes the areas within each
member county, and it shall be named the "............... Regional
Juvenile Detention District".

2. The county commission of each county desiring to join the district
shall approve an ordinance or resolution to join the district and shall
approve the agreement which specifies the duties of each county within
the district.

3. If any county wishes to join a district which has already been
established pursuant to this section, the agreement shall be rewritten
and reapproved by each member county.

4. The agreement which specifies the duties of each county shall contain
the following:

(1) The name of the district;

(2) The names of the counties within the district;

(3) The formula for calculating each county's contribution to the costs
of the district;

(4) The types of juveniles which the regional juvenile detention center
may house, limited to juveniles which may be transferred to counties
pursuant to state law;

(5) The methods which may be used for constructing or leasing a regional
juvenile detention center;

(6) The duties of the director of the regional juvenile detention center;
and

(7) The timing and procedures for approval of the regional juvenile
detention center district's annual budget by the regional juvenile
detention center commission.

5. Any county, city, town or village may contract with a regional
juvenile detention center commission for the holding of its juvenile
offenders. (L. 1998 H.B. 971 § 1)

Effective 7-1-99

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