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Rule 127.02 – Procedure Upon Law Enforcement Officer Taking Juvenile Into Judicial Custody

May 13, 2021 | Family Law, Missouri

a. Any person taking a juvenile into judicial custody pursuant to Rule 127.01 shall notify immediately the juvenile officer of such action and undertake a reasonable attempt to notify the juvenile’s parents, guardian or custodian.
b. A juvenile taken into judicial custody pursuant to Rule 127.01 shall be released immediately to the juvenile’s parent, guardian or custodian or other suitable person unless detention is authorized pursuant to Rule 127.06.
c. If a juvenile is not released in accordance with Rule 127.02 b, the law enforcement officer taking the 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 to believe the juvenile was subject to the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, and the reasons the juvenile was placed in judicial custody and not released.
d. If a juvenile is released in accordance with Rule 127.02 b, the court may impose conditions upon the activities and associations of the juvenile and upon any person to whom the juvenile is released.
e. The juvenile officer shall advise the juvenile and any person to whom the juvenile is released in writing that failure to adhere to the conditions imposed on the activities or associations of the juvenile may result in the court ordering more restrictive conditions or that the juvenile be detained.
f. The juvenile officer may require any person to whom a juvenile is released to sign a written promise to produce the juvenile when ordered by the court.
g. If the juvenile is not released and detention is ordered or authorized, the juvenile shall immediately be taken to a detention facility designated by court order pursuant to Rule 127.03.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 127.02

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

Comment

Rule 127.02 a follows the juvenile code by requiring a reasonable attempt to notify a juvenile’s parents, guardian or custodian when the juvenile is taken into judicial custody.

Rule 127.02 b is consistent with the declared purpose of the juvenile code that a juvenile be released to the juvenile’s parent, guardian or custodian or other suitable person unless substantial reasons exist for detaining the juvenile.

Rule 127.02 c 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.

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Cross-reference: Sections 211.131 and 211.141, RSMo. .