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Rule 127.01 – 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 (2) or (3) of subsection 1 of section 211.031, RSMo:

(1) pursuant to an order of the court; or
(2) pursuant to the laws of arrest applicable to adults; or
(3) by a juvenile officer as authorized by law.
b. Taking a juvenile into judicial custody is not an arrest.
c. The jurisdiction of the court attaches from the time the juvenile is taken into judicial custody.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.01

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

Comment

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 127.01 a(1).

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Cross-reference: Sections 211.101.3, 211.121, and 211.131, RSMo. .