Missouri § 211.436 Instruments of restraint prohibited, when — exceptions — procedure to use restraints.

Missouri Statutes

§ 211.436 — Instruments of restraint prohibited, when — exceptions — procedure to use restraints.

Missouri § 211.436

Title XIIPUBLIC HEALTH AND WELFARE

Ch. 211Juvenile Courts

This text of Missouri § 211.436 (Instruments of restraint prohibited, when — exceptions — procedure to use restraints.) is published on Counsel Stack Legal Research, covering Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mo. Rev. Stat. § 211.436 (2026).

Text

1. Instruments of restraint, including handcuffs, chains, irons, or straitjackets, shall not be used on a child during a proceeding in a juvenile court and shall be removed prior to the child's appearance before the court unless, after a hearing, the court finds both that:

(1)The use of restraints is necessary due to one of the following factors:

(a)Instruments of restraint are necessary to prevent physical harm to the child or another person;

(b)The child has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or

(c)There is evidence that the child presents a substantial risk of flight from the courtroom; a

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1. Instruments of restraint, including handcuffs, chains, irons, or straitjackets, shall not be used on a child during a proceeding in a juvenile court and shall be removed prior to the child's appearance before the court unless, after a hearing, the court finds both that:

(1) The use of restraints is necessary due to one of the following factors:

(a) Instruments of restraint are necessary to prevent physical harm to the child or another person;

(b) The child has a history of disruptive courtroom behavior that has placed others in potentially harmful situations or presents a substantial risk of inflicting physical harm on himself or herself or others as evidenced by recent behavior; or

(c) There is evidence that the child presents a substantial risk of flight from the courtroom; and

(2) There are no less restrictive alternatives to restraints that will prevent flight or physical harm to the child or another person including, but not limited to, the presence of court personnel, law enforcement officers, or bailiffs.

2. If the juvenile officer believes that there is an immediate safety or flight risk, as provided under subsection 1 of this section, the juvenile officer shall advise the attorney for the child and make a request in writing prior to the commencement of the proceeding for the child to remain restrained during the court proceeding while in the presence of the parties to the proceeding.

3. If a request for restraints is made by the juvenile officer, the court shall order a hearing and provide the child's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order.

4. If restraints are used, the restraints shall allow the child limited movement of the hands to read and handle documents and writings necessary to the proceeding. Under no circumstances shall a child be restrained using restraints fixed to a wall, floor, furniture, or other stationary object.