210.125. Protective custody of child, who may take, reports required--temporary protective custody defined. - Missouri Statutes

Protective custody of child, who may take, reports required--temporaryprotective custody defined.

210.125. 1. A police officer, law enforcement official, ora physician who has reasonable cause to suspect that a child issuffering from illness or injury or is in danger of personal harmby reason of his surroundings and that a case of child abuse orneglect exists, may request that the juvenile officer take thechild into protective custody under chapter 211, RSMo.

2. A police officer, law enforcement official, or aphysician who has reasonable cause to believe that a child is inimminent danger of suffering serious physical harm or a threat tolife as a result of abuse or neglect and such person hasreasonable cause to believe the harm or threat to life may occurbefore a juvenile court could issue a temporary protectivecustody order or before a juvenile officer could take the childinto protective custody, the police officer, law enforcementofficial or physician may take or retain temporary protectivecustody of the child without the consent of the child's parents,guardian or others legally responsible for his care.

3. Any person taking a child in protective custody underthis section shall immediately notify the juvenile officer of thecourt of the county in which the child is located of his actionsand notify the division and make a reasonable attempt to advisethe parents, guardians or others legally responsible for thechild's care. The jurisdiction of the juvenile court attachesfrom the time the juvenile is taken into protective custody.Such person shall file, as soon as practicable but no later thantwelve hours, a written statement with the juvenile officer whichsets forth the identity of the child and the facts andcircumstances which gave such person reasonable cause to believethat there was imminent danger of serious physical harm or threatto the life of the child. Upon notification that a child hasbeen taken into protective custody, the juvenile officer shalleither return the child to his parents, guardian, or othersresponsible for his care or shall initiate child protectiveproceedings under chapter 211, RSMo. In no event shall anemployee of the division, acting upon his own, remove a childunder the provisions of this act*.

4. Temporary protective custody for purposes of this sectionshall not exceed twenty-four hours. Temporary protective custodyfor a period beyond twenty-four hours may be authorized only byan order of the juvenile court.

5. For the purposes of this section, "temporary protectivecustody" shall mean temporary placement within a hospital ormedical facility or emergency foster care facility or such othersuitable custody placement as the court may direct; provided,however, that an abused or neglected child may not be detained intemporary custody in a secure detention facility.

(L. 1975 H.B. 578 § 4, A.L. 1982 H.B. 1171, et al.)

*"This act" (H.B. 1171, et al., 1982) contained numerous sections. Consult Disposition of Sections table for a definitive listing.