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Rule 123.01 – When Juvenile May Be Taken Into Judicial Custody

May 13, 2021 | Family Law, Missouri

a. A juvenile may be taken into judicial custody under subdivision (1) of subsection 1 of section 211.031, RSMo:

(1) pursuant to an order of court; or
(2) by a law enforcement officer or physician who has reasonable cause to believe that the juvenile is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect if such person has reasonable cause to believe that such physical harm or threat to life may occur before a court can issue a temporary protective custody order; or
(3) by a juvenile officer as authorized by law if there is reasonable cause to believe that the juvenile is without proper care, custody, or support and that temporary protective custody is necessary to prevent personal harm to the juvenile.
b. The jurisdiction of the court attaches from the time the juvenile is taken into judicial custody.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.01

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

Comment

This Rule 123.01 states the circumstances under which a juvenile may be taken into judicial custody under subdivision (1) of subsection 1 of section 211.031, RSMo.

When determining whether to take a juvenile into judicial custody, a law enforcement officer, physician and juvenile officer must be cognizant of the decision in Heartland Academy Community Church v. Waddle, 427 F.3d 525 (8th Cir. 2005).

Questioning of a juvenile taken into judicial custody by a juvenile officer or law enforcement officer in connection with a proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, regarding alleged abuse or neglect is governed by subsection 3 of section 211.059, RSMo.

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. Therefore, the court must make this determination in any order under which a juvenile is taken into judicial custody under Rule 123.01 a(1).

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Cross-reference: Section 211.131.3, RSMo. .