211.031. Juvenile court to have exclusive jurisdiction, when--exceptions--home schooling, attendance violations, how treated. - Missouri Statutes

Juvenile court to have exclusive jurisdiction,when--exceptions--home schooling, attendance violations, howtreated.

211.031. 1. Except as otherwise provided in this chapter, thejuvenile court or the family court in circuits that have a family court asprovided in sections 487.010 to 487.190, RSMo, shall have exclusiveoriginal jurisdiction in proceedings:

(1) Involving any child or person seventeen years of age who may be aresident of or found within the county and who is alleged to be in need ofcare and treatment because:

(a) The parents, or other persons legally responsible for the careand support of the child or person seventeen years of age, neglect orrefuse to provide proper support, education which is required by law,medical, surgical or other care necessary for his or her well-being; exceptthat reliance by a parent, guardian or custodian upon remedial treatmentother than medical or surgical treatment for a child or person seventeenyears of age shall not be construed as neglect when the treatment isrecognized or permitted pursuant to the laws of this state;

(b) The child or person seventeen years of age is otherwise withoutproper 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 courtof competent jurisdiction to be a public nuisance pursuant to section195.130, RSMo;

(d) The child or person seventeen years of age is a child in need ofmental health services and the parent, guardian or custodian is unable toafford or access appropriate mental health treatment or care for the child;

(2) Involving any child who may be a resident of or found within thecounty and who is alleged to be in need of care and treatment because:

(a) The child while subject to compulsory school attendance isrepeatedly and without justification absent from school; or

(b) The child disobeys the reasonable and lawful directions of his orher parents or other custodian and is beyond their control; or

(c) The child is habitually absent from his or her home withoutsufficient cause, permission, or justification; or

(d) The behavior or associations of the child are otherwise injuriousto 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 juvenilecourt shall not have jurisdiction over any child fifteen and one-half yearsof age who is alleged to have violated a state or municipal trafficordinance or regulation, the violation of which does not constitute afelony, or any child who is alleged to have violated a state or municipalordinance or regulation prohibiting possession or use of any tobaccoproduct;

(3) Involving any child who is alleged to have violated a state lawor municipal ordinance, or any person who is alleged to have violated astate law or municipal ordinance prior to attaining the age of seventeenyears, in which cases jurisdiction may be taken by the court of the circuitin which the child or person resides or may be found or in which theviolation is alleged to have occurred; except that, the juvenile courtshall not have jurisdiction over any child fifteen and one-half years ofage who is alleged to have violated a state or municipal traffic ordinanceor regulation, the violation of which does not constitute a felony, andexcept that the juvenile court shall have concurrent jurisdiction with themunicipal court over any child who is alleged to have violated a municipalcurfew ordinance, and except that the juvenile court shall have concurrentjurisdiction with the circuit court on any child who is alleged to haveviolated a state or municipal ordinance or regulation prohibitingpossession 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 tothe guardianship of the department of social services as provided by law.

2. Transfer of a matter, proceeding, jurisdiction or supervision fora child or person seventeen years of age who resides in a county of thisstate shall be made as follows:

(1) Prior to the filing of a petition and upon request of any partyor at the discretion of the juvenile officer, the matter in the interest ofa child or person seventeen years of age may be transferred by the juvenileofficer, with the prior consent of the juvenile officer of the receivingcourt, to the county of the child's residence or the residence of theperson seventeen years of age for future action;

(2) Upon the motion of any party or on its own motion prior to finaldisposition on the pending matter, the court in which a proceeding iscommenced may transfer the proceeding of a child or person seventeen yearsof age to the court located in the county of the child's residence or theresidence of the person seventeen years of age, or the county in which theoffense pursuant to subdivision (3) of subsection 1 of this section isalleged to have occurred for further action;

(3) Upon motion of any party or on its own motion, the court in whichjurisdiction has been taken pursuant to subsection 1 of this section may atany time thereafter transfer jurisdiction of a child or person seventeenyears of age to the court located in the county of the child's residence orthe residence of the person seventeen years of age for further action withthe prior consent of the receiving court;

(4) Upon motion of any party or upon its own motion at any timefollowing a judgment of disposition or treatment pursuant to section211.181, the court having jurisdiction of the cause may place the child orperson seventeen years of age under the supervision of another juvenilecourt within or without the state pursuant to section 210.570, RSMo, withthe consent of the receiving court;

(5) Upon motion of any child or person seventeen years of age or hisor her parent, the court having jurisdiction shall grant one change ofjudge pursuant to Missouri Supreme Court Rules;

(6) Upon the transfer of any matter, proceeding, jurisdiction orsupervision of a child or person seventeen years of age, certified copiesof all legal and social documents and records pertaining to the case onfile with the clerk of the transferring juvenile court shall accompany thetransfer.

3. In any proceeding involving any child or person seventeen years ofage taken into custody in a county other than the county of the child'sresidence or the residence of a person seventeen years of age, the juvenilecourt of the county of the child's residence or the residence of a personseventeen years of age shall be notified of such taking into custody withinseventy-two hours.

4. When an investigation by a juvenile officer pursuant to thissection reveals that the only basis for action involves an allegedviolation of section 167.031, RSMo, involving a child who alleges to behome schooled, the juvenile officer shall contact a parent or parents ofsuch child to verify that the child is being home schooled and not inviolation of section 167.031, RSMo, before making a report of such aviolation. Any report of a violation of section 167.031, RSMo, made by ajuvenile officer regarding a child who is being home schooled shall be madeto the prosecuting attorney of the county where the child legally resides.

(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)