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