§ 211.061 — Arrested child taken before juvenile court — transfer of prosecution to juvenile court — limitations on detention of juvenile — detention hearing, notice.

Missouri § 211.061

• Jurisdiction: Missouri
• Title XII: PUBLIC HEALTH AND WELFARE
• Ch. 211: Juvenile Courts

Text

1.  When a child is taken into custody with or without warrant for an offense, the child, together with any information concerning the child and the personal property found in the child's possession, shall be taken immediately and directly before the juvenile court or delivered to the juvenile officer or person acting for the child.

2.  If any person is taken before a circuit or associate circuit judge not assigned to juvenile court or a municipal judge, and it is then, or at any time thereafter, ascertained that he or she was under the age of eighteen years at the time he or she is alleged to have committed the offense, or that he or she is subject to the jurisdiction of the juvenile court as provided by this chapter, it is the duty of the judge forthwith to transfer the case or refer the matter to the juvenile court, and direct the delivery of such person, together with information concerning him or her and the personal property found in his or her possession, to the juvenile officer or person acting as such.

3.  When the juvenile court is informed that a child is in detention it shall examine the reasons therefor and shall immediately:

(1)  Order the child released; or

(2)  Order the child continued in detention until a detention hearing is held.  An order to continue the child in detention shall only be entered upon the filing of a petition or motion to modify and a determination by the court that probable cause exists to believe that the child has committed acts specified in the petition or motion that bring the child within the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031 .

4.  A juvenile shall not remain in detention for a period greater than twenty-four hours unless the court orders a detention hearing.  If such hearing is not held within three days, excluding Saturdays, Sundays and legal holidays, the juvenile shall be released from detention unless the court for good cause orders the hearing continued.  The detention hearing shall be held within the judicial circuit at a date, time and place convenient to the court.  Notice of the date, time and place of a detention hearing, and of the right to counsel, shall be given to the juvenile and his or her custodian in person, by telephone, or by such other expeditious method as is available.

Legislative History

(L. 1957 p. 642 §211.050, A.L. 1978 H.B. 1634, A.L. 1989 H.B. 502, et al., A.L. 2008 H.B. 1550, A.L. 2018 S.B. 793 merged with S.B. 800) Effective 1-01-21