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MISSOURI STATUTES AND CODES

211.038. Children not to be reunited with parents or placed in a home, when--discretion to return, when.

Children not to be reunited with parents or placed in a home,when--discretion to return, when.

211.038. 1. A child under the jurisdiction of the juvenile courtshall not be reunited with a parent or placed in a home in which the parentor any person residing in the home has been found guilty of, or pled guiltyto, any of the following offenses when a child was the victim:

(1) A felony violation of section 566.030, 566.032, 566.040, 566.060,566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;

(2) A violation of section 568.020, RSMo;

(3) A violation of subdivision (2) of subsection 1 of section568.060, RSMo;

(4) A violation of section 568.065, RSMo;

(5) A violation of section 568.080, RSMo;

(6) A violation of section 568.090, RSMo; or

(7) A violation of section 568.175, RSMo.

2. For all other violations of offenses in chapters 566 and 568,RSMo, not specifically listed in subsection 1 of this section or for aviolation of an offense committed in another state when a child is thevictim that would be a violation of chapter 566 or 568, RSMo, if committedin Missouri, the juvenile court may exercise its discretion regarding theplacement of a child under the jurisdiction of the juvenile court in a homein which a parent or any person residing in the home has been found guiltyof, or pled guilty to, any such offense.

3. If the juvenile court determines that a child has abused anotherchild, such abusing child shall be prohibited from returning to or residingin any residence located within one thousand feet of the residence of theabused child, or any child care facility or school that the abused childattends, until the abused child reaches eighteen years of age. Theprohibitions of this subsection shall not apply where the alleged abuseoccurred between siblings or children living in the same home.

(L. 2004 H.B. 1453, A.L. 2005 H.B. 568 merged with S.B. 155 merged with S.B. 420 & 344, A.L. 2005 1st Ex. Sess. H.B. 2)

Effective 9-15-05

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