Missouri Revised Statutes
Chapter 211
Juvenile Courts
←211.029
Section 211.031.1
211.032→
August 28, 2015
Juvenile court to have exclusive jurisdiction, when--exceptions--home schooling, attendance violations, how treated.
211.031. 1. Except as otherwise provided in this chapter, the juvenile
court or the family court in circuits that have a family court as provided in
sections 487.010 to 487.190 shall have exclusive original jurisdiction in
proceedings:
(1) Involving any child or person seventeen years of age who may be a
resident of or found within the county and who is alleged to be in need of
care and treatment because:
(a) The parents, or other persons legally responsible for the care and
support of the child or person seventeen years of age, neglect or refuse to
provide proper support, education which is required by law, medical, surgical
or other care necessary for his or her well-being; except that reliance by a
parent, guardian or custodian upon remedial treatment other than medical or
surgical treatment for a child or person seventeen years of age shall not be
construed as neglect when the treatment is recognized or permitted pursuant to
the laws of this state;
(b) The child or person seventeen years of age is otherwise without
proper care, custody or support; or
(c) The child or person seventeen years of age was living in a room,
building or other structure at the time such dwelling was found by a court of
competent jurisdiction to be a public nuisance pursuant to section 195.130;
(d) The child or person seventeen years of age is a child in need of
mental health services and the parent, guardian or custodian is unable to
afford or access appropriate mental health treatment or care for the child;
(2) Involving any child who may be a resident of or found within the
county and who is alleged to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is
repeatedly and without justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or
her parents or other custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without
sufficient cause, permission, or justification; or
(d) The behavior or associations of the child are otherwise injurious to
his or her welfare or to the welfare of others; or
(e) The child is charged with an offense not classified as criminal, or
with an offense applicable only to children; except that, the juvenile court
shall not have jurisdiction over any child fifteen years of age who is alleged
to have violated a state or municipal traffic ordinance or regulation, the
violation of which does not constitute a felony, or any child who is alleged
to have violated a state or municipal ordinance or regulation prohibiting
possession or use of any tobacco product;
(3) Involving any child who is alleged to have violated a state law or
municipal ordinance, or any person who is alleged to have violated a state law
or municipal ordinance prior to attaining the age of seventeen years, in which
cases jurisdiction may be taken by the court of the circuit in which the child
or person resides or may be found or in which the violation is alleged to have
occurred; except that, the juvenile court shall not have jurisdiction over any
child fifteen years of age who is alleged to have violated a state or
municipal traffic ordinance or regulation, the violation of which does not
constitute a felony, and except that the juvenile court shall have concurrent
jurisdiction with the municipal court over any child who is alleged to have
violated a municipal curfew ordinance, and except that the juvenile court
shall have concurrent jurisdiction with the circuit court on any child who is
alleged to have violated a state or municipal ordinance or regulation
prohibiting possession or use of any tobacco product;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to
the guardianship of the department of social services as provided by law; and
(6) Involving an order of protection pursuant to chapter 455 when the
respondent is less than seventeen years of age.
2. Transfer of a matter, proceeding, jurisdiction or supervision for a
child or person seventeen years of age who resides in a county of this state
shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party or
at the discretion of the juvenile officer, the matter in the interest of a
child or person seventeen years of age may be transferred by the juvenile
officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the person
seventeen years of age for future action;
(2) Upon the motion of any party or on its own motion prior to final
disposition on the pending matter, the court in which a proceeding is
commenced may transfer the proceeding of a child or person seventeen years of
age to the court located in the county of the child's residence or the
residence of the person seventeen years of age, or the county in which the
offense pursuant to subdivision (3) of subsection 1 of this section is alleged
to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which
jurisdiction has been taken pursuant to subsection 1 of this section may at
any time thereafter transfer jurisdiction of a child or person seventeen years
of age to the court located in the county of the child's residence or the
residence of the person seventeen years of age for further action with the
prior consent of the receiving court;
(4) Upon motion of any party or upon its own motion at any time
following a judgment of disposition or treatment pursuant to section 211.181,
the court having jurisdiction of the cause may place the child or person
seventeen years of age under the supervision of another juvenile court within
or without the state pursuant to section 210.570 with the consent of the
receiving court;
(5) Upon motion of any child or person seventeen years of age or his or
her parent, the court having jurisdiction shall grant one change of judge
pursuant to Missouri supreme court rules;
(6) Upon the transfer of any matter, proceeding, jurisdiction or
supervision of a child or person seventeen years of age, certified copies of
all legal and social documents and records pertaining to the case on file with
the clerk of the transferring juvenile court shall accompany the transfer.
3. In any proceeding involving any child or person seventeen years of
age taken into custody in a county other than the county of the child's
residence or the residence of a person seventeen years of age, the juvenile
court of the county of the child's residence or the residence of a person
seventeen years of age shall be notified of such taking into custody within
seventy-two hours.
4. When an investigation by a juvenile officer pursuant to this section
reveals that the only basis for action involves an alleged violation of
section 167.031 involving a child who alleges to be home schooled, the
juvenile officer shall contact a parent or parents of such child to verify
that the child is being home schooled and not in violation of section 167.031
before making a report of such a violation. Any report of a violation of
section 167.031 made by a juvenile officer regarding a child who is being home
schooled shall be made to the prosecuting attorney of the county where the
child legally resides.
5. The disability or disease of a parent shall not constitute a basis
for a determination that a child is a child in need of care or for the removal
of custody of a child from the parent without a specific showing that there is
a causal relation between the disability or disease and harm to the child.
(L. 1957 p. 642 § 211.030, A.L. 1976 S.B. 511, A.L. 1980 S.B. 512,
A.L. 1983 S.B. 368, A.L. 1989 H.B. 502, et al., A.L. 1990 H.B.
1030, A.L. 1991 H.B. 202 & 364, A.L. 1993 H.B. 346, A.L. 1999
S.B. 1, et al., A.L. 2002 S.B. 923, et al., A.L. 2004 H.B. 1453
merged with S.B. 945 and S.B. 803 & 1257 merged with S.B. 1211,
A.L. 2005 H.B. 353, A.L. 2011 H.B. 555 merged with H.B. 604
merged with H.B. 648 merged with S.B. 320, A.L. 2012 H.B. 1171
merged with S.B. 628 merged with S.B. 636)
2011
2005
2004
2002
1999
2011
211.031. 1. Except as otherwise provided in this chapter, the juvenile
court or the family court in circuits that have a family court as provided in
sections 487.010 to 487.190 shall have exclusive original jurisdiction in
proceedings:
(1) Involving any child or person seventeen years of age who may be a
resident of or found within the county and who is alleged to be in need of
care and treatment because:
(a) The parents, or other persons legally responsible for the care and
support of the child or person seventeen years of age, neglect or refuse to
provide proper support, education which is required by law, medical, surgical
or other care necessary for his or her well-being; except that reliance by a
parent, guardian or custodian upon remedial treatment other than medical or
surgical treatment for a child or person seventeen years of age shall not be
construed as neglect when the treatment is recognized or permitted pursuant to
the laws of this state;
(b) The child or person seventeen years of age is otherwise without
proper care, custody or support; or
(c) The child or person seventeen years of age was living in a room,
building or other structure at the time such dwelling was found by a court of
competent jurisdiction to be a public nuisance pursuant to section 195.130;
(d) The child or person seventeen years of age is a child in need of
mental health services and the parent, guardian or custodian is unable to
afford or access appropriate mental health treatment or care for the child;
(2) Involving any child who may be a resident of or found within the
county and who is alleged to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is
repeatedly and without justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or
her parents or other custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without
sufficient cause, permission, or justification; or
(d) The behavior or associations of the child are otherwise injurious to
his or her welfare or to the welfare of others; or
(e) The child is charged with an offense not classified as criminal, or
with an offense applicable only to children; except that, the juvenile court
shall not have jurisdiction over any child fifteen and one-half years of age
who is alleged to have violated a state or municipal traffic ordinance or
regulation, the violation of which does not constitute a felony, or any child
who is alleged to have violated a state or municipal ordinance or regulation
prohibiting possession or use of any tobacco product;
(3) Involving any child who is alleged to have violated a state law or
municipal ordinance, or any person who is alleged to have violated a state law
or municipal ordinance prior to attaining the age of seventeen years, in which
cases jurisdiction may be taken by the court of the circuit in which the child
or person resides or may be found or in which the violation is alleged to have
occurred; except that, the juvenile court shall not have jurisdiction over any
child fifteen and one-half years of age who is alleged to have violated a
state or municipal traffic ordinance or regulation, the violation of which
does not constitute a felony, and except that the juvenile court shall have
concurrent jurisdiction with the municipal court over any child who is alleged
to have violated a municipal curfew ordinance, and except that the juvenile
court shall have concurrent jurisdiction with the circuit court on any child
who is alleged to have violated a state or municipal ordinance or regulation
prohibiting possession or use of any tobacco product;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to
the guardianship of the department of social services as provided by law; and
(6) Involving an order of protection pursuant to chapter 455 when the
respondent is less than seventeen years of age.
2. Transfer of a matter, proceeding, jurisdiction or supervision for a
child or person seventeen years of age who resides in a county of this state
shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party or
at the discretion of the juvenile officer, the matter in the interest of a
child or person seventeen years of age may be transferred by the juvenile
officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the person
seventeen years of age for future action;
(2) Upon the motion of any party or on its own motion prior to final
disposition on the pending matter, the court in which a proceeding is
commenced may transfer the proceeding of a child or person seventeen years of
age to the court located in the county of the child's residence or the
residence of the person seventeen years of age, or the county in which the
offense pursuant to subdivision (3) of subsection 1 of this section is alleged
to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which
jurisdiction has been taken pursuant to subsection 1 of this section may at
any time thereafter transfer jurisdiction of a child or person seventeen years
of age to the court located in the county of the child's residence or the
residence of the person seventeen years of age for further action with the
prior consent of the receiving court;
(4) Upon motion of any party or upon its own motion at any time
following a judgment of disposition or treatment pursuant to section 211.181,
the court having jurisdiction of the cause may place the child or person
seventeen years of age under the supervision of another juvenile court within
or without the state pursuant to section 210.570 with the consent of the
receiving court;
(5) Upon motion of any child or person seventeen years of age or his or
her parent, the court having jurisdiction shall grant one change of judge
pursuant to Missouri Supreme Court Rules;
(6) Upon the transfer of any matter, proceeding, jurisdiction or
supervision of a child or person seventeen years of age, certified copies of
all legal and social documents and records pertaining to the case on file with
the clerk of the transferring juvenile court shall accompany the transfer.
3. In any proceeding involving any child or person seventeen years of
age taken into custody in a county other than the county of the child's
residence or the residence of a person seventeen years of age, the juvenile
court of the county of the child's residence or the residence of a person
seventeen years of age shall be notified of such taking into custody within
seventy-two hours.
4. When an investigation by a juvenile officer pursuant to this section
reveals that the only basis for action involves an alleged violation of
section 167.031 involving a child who alleges to be home schooled, the
juvenile officer shall contact a parent or parents of such child to verify
that the child is being home schooled and not in violation of section 167.031
before making a report of such a violation. Any report of a violation of
section 167.031 made by a juvenile officer regarding a child who is being home
schooled shall be made to the prosecuting attorney of the county where the
child legally resides.
5. The disability or disease of a parent shall not constitute a basis
for a determination that a child is a child in need of care or for the removal
of custody of a child from the parent without a specific showing that there is
a causal relation between the disability or disease and harm to the child.
2005
211.031. 1. Except as otherwise provided in this chapter, the juvenile
court or the family court in circuits that have a family court as provided in
sections 487.010 to 487.190 shall have exclusive original jurisdiction in
proceedings:
(1) Involving any child or person seventeen years of age who may be a
resident of or found within the county and who is alleged to be in need of
care and treatment because:
(a) The parents, or other persons legally responsible for the care and
support of the child or person seventeen years of age, neglect or refuse to
provide proper support, education which is required by law, medical, surgical
or other care necessary for his or her well-being; except that reliance by a
parent, guardian or custodian upon remedial treatment other than medical or
surgical treatment for a child or person seventeen years of age shall not be
construed as neglect when the treatment is recognized or permitted pursuant
to the laws of this state;
(b) The child or person seventeen years of age is otherwise without
proper care, custody or support; or
(c) The child or person seventeen years of age was living in a room,
building or other structure at the time such dwelling was found by a court of
competent jurisdiction to be a public nuisance pursuant to section 195.130;
(d) The child or person seventeen years of age is a child in need of
mental health services and the parent, guardian or custodian is unable to
afford or access appropriate mental health treatment or care for the child;
(2) Involving any child who may be a resident of or found within the
county and who is alleged to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is
repeatedly and without justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or
her parents or other custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without
sufficient cause, permission, or justification; or
(d) The behavior or associations of the child are otherwise injurious to
his or her welfare or to the welfare of others; or
(e) The child is charged with an offense not classified as criminal, or
with an offense applicable only to children; except that, the juvenile court
shall not have jurisdiction over any child fifteen and one-half years of age
who is alleged to have violated a state or municipal traffic ordinance or
regulation, the violation of which does not constitute a felony, or any child
who is alleged to have violated a state or municipal ordinance or regulation
prohibiting possession or use of any tobacco product;
(3) Involving any child who is alleged to have violated a state law or
municipal ordinance, or any person who is alleged to have violated a state
law or municipal ordinance prior to attaining the age of seventeen years, in
which cases jurisdiction may be taken by the court of the circuit in which the
child or person resides or may be found or in which the violation is alleged
to have occurred; except that, the juvenile court shall not have jurisdiction
over any child fifteen and one-half years of age who is alleged to have
violated a state or municipal traffic ordinance or regulation, the violation
of which does not constitute a felony, and except that the juvenile court
shall have concurrent jurisdiction with the municipal court over any child
who is alleged to have violated a municipal curfew ordinance, and except that
the juvenile court shall have concurrent jurisdiction with the circuit court
on any child who is alleged to have violated a state or municipal ordinance or
regulation prohibiting possession or use of any tobacco product;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to
the guardianship of the department of social services as provided by law.
2. Transfer of a matter, proceeding, jurisdiction or supervision for a
child or person seventeen years of age who resides in a county of this state
shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party or
at the discretion of the juvenile officer, the matter in the interest of a
child or person seventeen years of age may be transferred by the juvenile
officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the person
seventeen years of age for future action;
(2) Upon the motion of any party or on its own motion prior to final
disposition on the pending matter, the court in which a proceeding is
commenced may transfer the proceeding of a child or person seventeen years of
age to the court located in the county of the child's residence or the
residence of the person seventeen years of age, or the county in which the
offense pursuant to subdivision (3) of subsection 1 of this section is
alleged to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which
jurisdiction has been taken pursuant to subsection 1 of this section may at
any time thereafter transfer jurisdiction of a child or person seventeen
years of age to the court located in the county of the child's residence or
the residence of the person seventeen years of age for further action with
the prior consent of the receiving court;
(4) Upon motion of any party or upon its own motion at any time
following a judgment of disposition or treatment pursuant to section 211.181,
the court having jurisdiction of the cause may place the child or person
seventeen years of age under the supervision of another juvenile court within
or without the state pursuant to section 210.570 with the consent of the
receiving court;
(5) Upon motion of any child or person seventeen years of age or his or
her parent, the court having jurisdiction shall grant one change of judge
pursuant to Missouri Supreme Court Rules;
(6) Upon the transfer of any matter, proceeding, jurisdiction or
supervision of a child or person seventeen years of age, certified copies of
all legal and social documents and records pertaining to the case on file
with the clerk of the transferring juvenile court shall accompany the transfer.
3. In any proceeding involving any child or person seventeen years of age
taken into custody in a county other than the county of the child's residence
or the residence of a person seventeen years of age, the juvenile court of the
county of the child's residence or the residence of a person seventeen years
of age shall be notified of such taking into custody within seventy-two hours.
4. When an investigation by a juvenile officer pursuant to this section
reveals that the only basis for action involves an alleged violation of
section 167.031 involving a child who alleges to be home schooled, the
juvenile officer shall contact a parent or parents of such child to verify
that the child is being home schooled and not in violation of section 167.031
before making a report of such a violation. Any report of a violation of
section 167.031 made by a juvenile officer regarding a child who is being home
schooled shall be made to the prosecuting attorney of the county where the
child legally resides.
2004
211.031. 1. Except as otherwise provided in this chapter, the
juvenile court or the family court in circuits that have a family court as
provided in sections 487.010 to 487.190, RSMo, shall have exclusive
original jurisdiction in proceedings:
(1) Involving any child or person seventeen years of age who may be a
resident of or found within the county and who is alleged to be in need of
care and treatment because:
(a) The parents, or other persons legally responsible for the care
and support of the child or person seventeen years of age, neglect or
refuse to provide proper support, education which is required by law,
medical, surgical or other care necessary for his or her well-being; except
that reliance by a parent, guardian or custodian upon remedial treatment
other than medical or surgical treatment for a child or person seventeen
years of age shall not be construed as neglect when the treatment is
recognized or permitted pursuant to the laws of this state;
(b) The child or person seventeen years of age is otherwise without
proper care, custody or support; or
(c) The child or person seventeen years of age was living in a room,
building or other structure at the time such dwelling was found by a court
of competent jurisdiction to be a public nuisance pursuant to section
195.130, RSMo;
(d) The child or person seventeen years of age is a child in need of
mental health services and the parent, guardian or custodian is unable to
afford or access appropriate mental health treatment or care for the child;
(2) Involving any child who may be a resident of or found within the
county and who is alleged to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is
repeatedly and without justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or
her parents or other custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without
sufficient cause, permission, or justification; or
(d) The behavior or associations of the child are otherwise injurious
to his or her welfare or to the welfare of others; or
(e) The child is charged with an offense not classified as criminal,
or with an offense applicable only to children; except that, the juvenile
court shall not have jurisdiction over any child fifteen and one-half years
of age who is alleged to have violated a state or municipal traffic
ordinance or regulation, the violation of which does not constitute a
felony, or any child who is alleged to have violated a state or municipal
ordinance or regulation prohibiting possession or use of any tobacco
product;
(3) Involving any child who is alleged to have violated a state law
or municipal ordinance, or any person who is alleged to have violated a
state law or municipal ordinance prior to attaining the age of seventeen
years, in which cases jurisdiction may be taken by the court of the circuit
in which the child or person resides or may be found or in which the
violation is alleged to have occurred; except that, the juvenile court
shall not have jurisdiction over any child fifteen and one-half years of
age who is alleged to have violated a state or municipal traffic ordinance
or regulation, the violation of which does not constitute a felony, or any
child who is alleged to have violated a state or municipal ordinance or
regulation prohibiting possession or use of any tobacco product, and except
that the juvenile court shall have concurrent jurisdiction with the
municipal court over any child who is alleged to have violated a municipal
curfew ordinance;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to
the guardianship of the department of social services as provided by law.
2. Transfer of a matter, proceeding, jurisdiction or supervision for
a child or person seventeen years of age who resides in a county of this
state shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party
or at the discretion of the juvenile officer, the matter in the interest of
a child or person seventeen years of age may be transferred by the juvenile
officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the
person seventeen years of age for future action;
(2) Upon the motion of any party or on its own motion prior to final
disposition on the pending matter, the court in which a proceeding is
commenced may transfer the proceeding of a child or person seventeen years
of age to the court located in the county of the child's residence or the
residence of the person seventeen years of age, or the county in which the
offense pursuant to subdivision (3) of subsection 1 of this section is
alleged to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which
jurisdiction has been taken pursuant to subsection 1 of this section may at
any time thereafter transfer jurisdiction of a child or person seventeen
years of age to the court located in the county of the child's residence or
the residence of the person seventeen years of age for further action with
the prior consent of the receiving court;
(4) Upon motion of any party or upon its own motion at any time
following a judgment of disposition or treatment pursuant to section
211.181, the court having jurisdiction of the cause may place the child or
person seventeen years of age under the supervision of another juvenile
court within or without the state pursuant to section 210.570, RSMo, with
the consent of the receiving court;
(5) Upon motion of any child or person seventeen years of age or his
or her parent, the court having jurisdiction shall grant one change of
judge pursuant to Missouri Supreme Court Rules;
(6) Upon the transfer of any matter, proceeding, jurisdiction or
supervision of a child or person seventeen years of age, certified copies
of all legal and social documents and records pertaining to the case on
file with the clerk of the transferring juvenile court shall accompany the
transfer.
3. In any proceeding involving any child or person seventeen years of
age taken into custody in a county other than the county of the child's
residence or the residence of a person seventeen years of age, the juvenile
court of the county of the child's residence or the residence of a person
seventeen years of age shall be notified of such taking into custody within
seventy-two hours.
4. When an investigation by a juvenile officer pursuant to this
section reveals that the only basis for action involves an alleged
violation of section 167.031, RSMo, involving a child who alleges to be
home schooled, the juvenile officer shall contact a parent or parents of
such child to verify that the child is being home schooled and not in
violation of section 167.031, RSMo, before making a report of such a
violation. Any report of a violation of section 167.031, RSMo, made by a
juvenile officer regarding a child who is being home schooled shall be made
to the prosecuting attorney of the county where the child legally resides.
2002
211.031. 1. Except as otherwise provided in this chapter, the
juvenile court or the family court in circuits that have a family court as
provided in sections 487.010 to 487.190, RSMo, shall have exclusive
original jurisdiction in proceedings:
(1) Involving any child or person seventeen years of age who may be a
resident of or found within the county and who is alleged to be in need of
care and treatment because:
(a) The parents, or other persons legally responsible for the care
and support of the child or person seventeen years of age, neglect or
refuse to provide proper support, education which is required by law,
medical, surgical or other care necessary for his or her well-being; except
that reliance by a parent, guardian or custodian upon remedial treatment
other than medical or surgical treatment for a child or person seventeen
years of age shall not be construed as neglect when the treatment is
recognized or permitted pursuant to the laws of this state;
(b) The child or person seventeen years of age is otherwise without
proper care, custody or support; or
(c) The child or person seventeen years of age was living in a room,
building or other structure at the time such dwelling was found by a court
of competent jurisdiction to be a public nuisance pursuant to section
195.130, RSMo;
(d) The child or person seventeen years of age is a child in need of
mental health services and the parent, guardian or custodian is unable to
afford or access appropriate mental health treatment or care for the child;
(2) Involving any child who may be a resident of or found within the
county and who is alleged to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is
repeatedly and without justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or
her parents or other custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without
sufficient cause, permission, or justification; or
(d) The behavior or associations of the child are otherwise injurious
to his or her welfare or to the welfare of others; or
(e) The child is charged with an offense not classified as criminal,
or with an offense applicable only to children; except that, the juvenile
court shall not have jurisdiction over any child fifteen and one-half years
of age who is alleged to have violated a state or municipal traffic
ordinance or regulation, the violation of which does not constitute a
felony, or any child who is alleged to have violated a state or municipal
ordinance or regulation prohibiting possession or use of any tobacco
product;
(3) Involving any child who is alleged to have violated a state law
or municipal ordinance, or any person who is alleged to have violated a
state law or municipal ordinance prior to attaining the age of seventeen
years, in which cases jurisdiction may be taken by the court of the circuit
in which the child or person resides or may be found or in which the
violation is alleged to have occurred; except that, the juvenile court
shall not have jurisdiction over any child fifteen and one-half years of
age who is alleged to have violated a state or municipal traffic ordinance
or regulation, the violation of which does not constitute a felony, or any
child who is alleged to have violated a state or municipal ordinance or
regulation prohibiting possession or use of any tobacco product;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to
the guardianship of the department of social services as provided by law.
2. Transfer of a matter, proceeding, jurisdiction or supervision for
a child or person seventeen years of age who resides in a county of this
state shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party
or at the discretion of the juvenile officer, the matter in the interest of
a child or person seventeen years of age may be transferred by the juvenile
officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the
person seventeen years of age for future action;
(2) Upon the motion of any party or on its own motion prior to final
disposition on the pending matter, the court in which a proceeding is
commenced may transfer the proceeding of a child or person seventeen years
of age to the court located in the county of the child's residence or the
residence of the person seventeen years of age, or the county in which the
offense pursuant to subdivision (3) of subsection 1 of this section is
alleged to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which
jurisdiction has been taken pursuant to subsection 1 of this section may at
any time thereafter transfer jurisdiction of a child or person seventeen
years of age to the court located in the county of the child's residence or
the residence of the person seventeen years of age for further action with
the prior consent of the receiving court;
(4) Upon motion of any party or upon its own motion at any time
following a judgment of disposition or treatment pursuant to section
211.181, the court having jurisdiction of the cause may place the child or
person seventeen years of age under the supervision of another juvenile
court within or without the state pursuant to section 210.570, RSMo, with
the consent of the receiving court;
(5) Upon the transfer of any matter, proceeding, jurisdiction or
supervision of a child or person seventeen years of age, certified copies
of all legal and social documents and records pertaining to the case on
file with the clerk of the transferring juvenile court shall accompany the
transfer.
3. In any proceeding involving any child or person seventeen years of
age taken into custody in a county other than the county of the child's
residence or the residence of a person seventeen years of age, the juvenile
court of the county of the child's residence or the residence of a person
seventeen years of age shall be notified of such taking into custody within
seventy-two hours.
1999
211.031. 1. Except as otherwise provided in this chapter, the
juvenile court or the family court in circuits that have a family court as
provided in sections 487.010 to 487.190, RSMo, shall have exclusive
original jurisdiction in proceedings:
(1) Involving any child or person seventeen years of age who may be a
resident of or found within the county and who is alleged to be in need of
care and treatment because:
(a) The parents, or other persons legally responsible for the care
and support of the child or person seventeen years of age, neglect or
refuse to provide proper support, education which is required by law,
medical, surgical or other care necessary for his or her well-being; except
that reliance by a parent, guardian or custodian upon remedial treatment
other than medical or surgical treatment for a child or person seventeen
years of age shall not be construed as neglect when the treatment is
recognized or permitted pursuant to the laws of this state;
(b) The child or person seventeen years of age is otherwise without
proper care, custody or support; or
(c) The child or person seventeen years of age was living in a room,
building or other structure at the time such dwelling was found by a court
of competent jurisdiction to be a public nuisance pursuant to section
195.130, RSMo;
(2) Involving any child who may be a resident of or found within the
county and who is alleged to be in need of care and treatment because:
(a) The child while subject to compulsory school attendance is
repeatedly and without justification absent from school; or
(b) The child disobeys the reasonable and lawful directions of his or
her parents or other custodian and is beyond their control; or
(c) The child is habitually absent from his or her home without
sufficient cause, permission, or justification; or
(d) The behavior or associations of the child are otherwise injurious
to his or her welfare or to the welfare of others; or
(e) The child is charged with an offense not classified as criminal,
or with an offense applicable only to children; except that, the juvenile
court shall not have jurisdiction over any child fifteen and one-half years
of age who is alleged to have violated a state or municipal traffic
ordinance or regulation, the violation of which does not constitute a
felony, or any child who is alleged to have violated a state or municipal
ordinance or regulation prohibiting possession or use of any tobacco
product;
(3) Involving any child who is alleged to have violated a state law
or municipal ordinance, or any person who is alleged to have violated a
state law or municipal ordinance prior to attaining the age of seventeen
years, in which cases jurisdiction may be taken by the court of the circuit
in which the child or person resides or may be found or in which the
violation is alleged to have occurred; except that, the juvenile court
shall not have jurisdiction over any child fifteen and one-half years of
age who is alleged to have violated a state or municipal traffic ordinance
or regulation, the violation of which does not constitute a felony, or any
child who is alleged to have violated a state or municipal ordinance or
regulation prohibiting possession or use of any tobacco product;
(4) For the adoption of a person;
(5) For the commitment of a child or person seventeen years of age to
the guardianship of the department of social services as provided by law.
2. Transfer of a matter, proceeding, jurisdiction or supervision for
a child or person seventeen years of age who resides in a county of this
state shall be made as follows:
(1) Prior to the filing of a petition and upon request of any party
or at the discretion of the juvenile officer, the matter in the interest of
a child or person seventeen years of age may be transferred by the juvenile
officer, with the prior consent of the juvenile officer of the receiving
court, to the county of the child's residence or the residence of the
person seventeen years of age for future action;
(2) Upon the motion of any party or on its own motion prior to final
disposition on the pending matter, the court in which a proceeding is
commenced may transfer the proceeding of a child or person seventeen years
of age to the court located in the county of the child's residence or the
residence of the person seventeen years of age, or the county in which the
offense pursuant to subdivision (3) of subsection 1 of this section is
alleged to have occurred for further action;
(3) Upon motion of any party or on its own motion, the court in which
jurisdiction has been taken pursuant to subsection 1 of this section may at
any time thereafter transfer jurisdiction of a child or person seventeen
years of age to the court located in the county of the child's residence or
the residence of the person seventeen years of age for further action with
the prior consent of the receiving court;
(4) Upon motion of any party or upon its own motion at any time
following a judgment of disposition or treatment pursuant to section
211.181, the court having jurisdiction of the cause may place the child or
person seventeen years of age under the supervision of another juvenile
court within or without the state pursuant to section 210.570, RSMo, with
the consent of the receiving court;
(5) Upon the transfer of any matter, proceeding, jurisdiction or
supervision of a child or person seventeen years of age, certified copies
of all legal and social documents and records pertaining to the case on
file with the clerk of the transferring juvenile court shall accompany the
transfer.
3. In any proceeding involving any child or person seventeen years of
age taken into custody in a county other than the county of the child's
residence or the residence of a person seventeen years of age, the juvenile
court of the county of the child's residence or the residence of a person
seventeen years of age shall be notified of such taking into custody within
seventy-two hours.
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