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Rule 123.04 – Court Action to Place Juvenile in Temporary Protective Custody

May 13, 2021 | Family Law, Missouri

a. An order for temporary protective custody shall be entered only upon:

(1) the filing of a petition or motion to modify; and
(2) a determination by the court that probable cause exists to believe that:

(A) the facts specified in the petition or motion to modify bring the juvenile within the jurisdiction of the court under subdivision (1) of subsection 1 of section 211.031, RSMo; and
(B) the conditions requiring judicial custody continue to exist.
b. When the court is presented with a petition or motion to modify requesting that a juvenile be placed in temporary protective custody, it shall examine the reasons therefor and immediately:

(1) appoint a guardian ad litem; and
(2) determine and make a finding on whether continuation of the juvenile in the home is contrary to the juvenile’s welfare; and
(3) either:

(A) order the juvenile released pursuant to Rule 123.02; or
(B) order the juvenile placed in temporary protective custody.
c. If the juvenile is placed in temporary protective custody, the court shall hold a protective custody hearing pursuant to Rule 123.05 within three days, excluding Saturdays, Sundays and legal holidays, of the date the juvenile is taken into judicial custody.
d. If the juvenile is released, the court shall hold a preliminary child welfare proceeding pursuant to Rule 123.07 within three days, excluding Saturdays, Sundays and legal holidays, of the date of filing of the petition.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.04

Adopted May 20, 2009, eff. Jan. 1, 2010.

Comment

Section 211.032.3, RSMo, provides: “A proceeding must be held within three business days of a petition being filed in all cases under subdivision (1) of subsection 1 of section 211.031.”

A petition or motion to modify need not be filed for a juvenile officer, law enforcement officer or physician to take judicial custody of a juvenile. However, a petition or motion to modify must be filed before a court may order temporary protective custody of a juvenile.

For a juvenile in the legal custody of the children’s division in a proceeding under subsection 1 of section 211.031, RSMo, to be eligible for Title IV-E funding, the Adoption and Safe Families Act requires a judicial determination in the first court order that removes the juvenile from the home whether continuation of the juvenile in the home is contrary to the welfare of the juvenile. Rule 123.04 b(2) recognizes that, if the juvenile was not taken into judicial custody pursuant to an order of court under Rule 123.01 a(1), the court must make this determination in the order for temporary protective custody.

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