211.063. Secure detention, limitations--probable cause hearing required, when--definitions--application of law. - Missouri Statutes

Secure detention, limitations--probable cause hearing required,when--definitions--application of law.

211.063. 1. A child accused of violating the provisions ofsubdivision (2) of subsection 1 of section 211.031 shall not beheld in a secure detention placement for a period greater thantwenty-four hours, excluding Saturdays, Sundays and legalholidays, unless the court finds pursuant to a probable causehearing held within that twenty-four-hour period, that the childhas violated the conditions of a valid court order and that:

(1) The child has a record of willful failure to appear atjuvenile court proceedings; or

(2) The child has a record of violent conduct resulting inphysical injury to self or others; or

(3) The child has a record of leaving a court-orderedplacement, other than secure detention, without permission.

2. As used in this section, the following terms mean:

(1) "Secure detention", any public or private residentialfacility used for the temporary placement of any child if suchfacility includes construction fixtures designed to physicallyrestrict the movements and activities of children held in thelawful custody of such facility;

(2) "Valid court order", an order issued by a court ofcompetent jurisdiction regarding a child who has been broughtbefore the court, which sets forth specific conditions ofbehavior for the child and consequences of violations of suchconditions.

3. This section shall not apply:

(1) To a child who has been taken under the jurisdiction ofthe court pursuant to subdivision (3) of subsection 1 of section211.031; or

(2) To a child who was adjudicated pursuant to subdivision(3) of subsection 1 of section 211.031 after being taken underthe jurisdiction of the court; or

(3) To a child who is currently charged with a violationunder subdivision (3) of subsection 1 of section 211.031.

(L. 1989 H.B. 502, et al., A.L. 1993 S.B. 88)