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Rule 123.02 – Procedure Upon Law Enforcement Officer or Physician Taking Juvenile Into Judicial Custody

May 13, 2021 | Family Law, Missouri

a. Any law enforcement officer or physician taking a juvenile into judicial custody pursuant to Rule 123.01 a(2) shall notify immediately the juvenile officer and the children’s division of such action and undertake a reasonable attempt to notify the juvenile’s parents, guardian or custodian.
b. Any law enforcement officer or physician taking a juvenile into judicial custody shall submit to the juvenile officer as soon as practicable, but no later than 12 hours after taking the juvenile into judicial custody, a written report identifying the juvenile and stating the facts and circumstances that caused the law enforcement officer or physician to believe the juvenile was in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and, if the juvenile is not released, the reasons the juvenile remains in judicial custody.
c. A juvenile taken into judicial custody pursuant to Rule 123.01 shall be released to the juvenile’s parent, guardian or custodian or other suitable person, as directed by the juvenile’s parent or guardian, unless temporary protective custody is authorized pursuant to Rules 123.03 and 123.04.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 123.02

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

Comment

Rule 123.02 a follows the present statute by requiring a reasonable attempt to notify a juvenile’s parents, guardian or custodian when the juvenile is taken into judicial custody.

Rule 123.02 b requires a written report, rather than mere notification, to the juvenile officer. This written report provides the juvenile officer with a documentary basis for deciding whether to release the juvenile or hold the juvenile in judicial custody.

Further, Rule 123.02 b adds the requirement that the report be submitted to the juvenile officer even if the juvenile is released so that the juvenile officer and, through the juvenile officer, the court will be apprised that a juvenile taken into judicial custody was subsequently released.

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Cross-reference: Sections 210.125, 211.131, RSMo. .