Effective - 14 Jul 2021
210.1271. Injunctive relief, when — cease operation orders, hearing — emergency temporary custody, when. — 1. Notwithstanding any other remedy, the department, the prosecuting or circuit attorney of the county where the facility is located, or the attorney general may seek injunctive relief to cease the operation of the residential care facility and provide for the appropriate removal of the children from the residential care facility and placement in the custody of the parent or legal guardian or any other appropriate individual or entity in the discretion of the court, refer the matter to the juvenile officer of the appropriate county for appropriate proceedings under chapter 211, or other orders as the court determines appropriate to ensure the health and safety of the children. Such action shall be brought in the circuit court of the county in which such residential care facility is located and shall be initiated only for the following violations:
(1) Providing supervision, care, lodging, or maintenance for any children in such facility without filing notification in accordance with sections 210.1250 to 210.1286;
(2) Failing to satisfactorily comply with all fire, safety, health, and sanitation inspections as may be required by state law or local ordinance and required under section 210.252;
(3) Failing to comply with background checks as required by section 210.493; or
(4) An immediate health or safety concern for the children at the residential care facility.
2. In cases of an order granted ex parte under subsection 1 of this section requiring a residential care facility to cease operations, a hearing shall be held within three business days to determine whether the order shall remain in effect, with attempted notice to the facility and the parents or guardians and due process for all parties. In determining whether the order shall remain in effect, the court shall consider whether there exists reasonable cause to believe that the grounds for the original ex parte order continue to persist or if additional grounds exist to support the ex parte order as necessary to protect the health and safety of the children at the facility.
3. The department may notify the attorney general of any case in which the department makes a referral to a juvenile officer for removal of a child from a residential care facility. The notification shall include any violations under subsection 1 of this section.
4. If the court refers the matter to a juvenile officer, the court may also enter an order placing a child in the emergency, temporary protective custody of the children's division within the department, as provided under this section, for a period of time not to exceed five days. Such placement shall occur only if the children's division certifies to the court that the children's division has a suitable, temporary placement for the child and the court makes specific, written findings that:
(1) It is contrary to the welfare of the child to remain in the residential care facility;
(2) That the parent or legal guardian is unable or unwilling to take physical custody of the child within that time; and
(3) There is no other temporary, suitable placement for the child.
If the parent or legal guardian of the child does not make suitable arrangements for the custody and disposition of the child within five days of placement within the children's division, the child shall fall under the original and exclusive jurisdiction of the juvenile court under subdivision (1) or (2) of subsection 1 of section 211.031 and the juvenile officer shall file a petition with the juvenile court for further proceedings. Under no circumstances shall the children's division be required to retain care and custody of the child for more than five days without an order from the juvenile court.
5. The provisions of sections 452.700 to 452.930 shall apply and the court shall follow the procedures specified under section 452.755 for children who are placed at a residential care facility and who are from another state or country or are under the jurisdiction or authority of a court from another state.
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(L. 2021 H.B. 557 & 560)
Effective 7-14-21
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 210 - Child Protection and Reformation
Section 210.004 - Law enforcement agencies, record of custody of child.
Section 210.027 - Direct payment recipients, child care providers — department's duties.
Section 210.030 - Blood tests of pregnant women.
Section 210.040 - Blood test results — confidential.
Section 210.050 - Reporting required.
Section 210.060 - Noncompliance a misdemeanor — penalty.
Section 210.070 - Prophylactic eye drops at birth — objection to, when.
Section 210.080 - Report of infant eye inflammation, by whom.
Section 210.100 - Violation a misdemeanor.
Section 210.108 - Dominic James Memorial Foster Care Reform Act, statutes involved.
Section 210.110 - Definitions.
Section 210.113 - Accreditation goal, when to be achieved.
Section 210.114 - Qualified immunity for private contractor, when — exceptions.
Section 210.116 - Sharing of information with child welfare agencies and law enforcement, when.
Section 210.117 - Child not reunited with parents or placed in a home, when.
Section 210.120 - Medical institution staff members, duties of.
Section 210.127 - Diligent search for biological parents required, when.
Section 210.130 - Oral reports, when and where made — contents of reports.
Section 210.135 - Immunity from liability, when — exception — preliminary evaluation required, when.
Section 210.140 - Privileged communication not recognized, exception.
Section 210.150 - Confidentiality of reports and records, exceptions — violations, penalty.
Section 210.165 - Penalty for violation.
Section 210.166 - Medical neglect of child, who may bring action — procedure.
Section 210.171 - Definitions.
Section 210.172 - Powers and duties of board.
Section 210.180 - Division employees to be trained.
Section 210.183 - Alleged perpetrator to be provided written description of investigation process.
Section 210.188 - Report to general assembly and governor, contents.
Section 210.194 - Rules, guidelines and protocols — confidentiality requirements.
Section 210.201 - Definitions.
Section 210.203 - Complaints against child care facilities, open records to be kept by department.
Section 210.231 - Department of elementary and secondary education may delegate powers.
Section 210.241 - Judicial review.
Section 210.256 - Violations, penalties — injunction, procedure.
Section 210.257 - Rules, procedure to adopt.
Section 210.278 - Exempt from licensure, when.
Section 210.481 - Definitions.
Section 210.484 - Residential care facilities license required.
Section 210.496 - Refusal to issue, suspension or revocation of licenses — grounds.
Section 210.501 - Application for licensure, form, contents.
Section 210.506 - Rules, procedure — promulgation, persons to be consulted.
Section 210.516 - Exceptions to license requirement — division may not require documentation.
Section 210.521 - Assistance for division in licensure of foster homes.
Section 210.531 - Violations or false statements, penalty.
Section 210.537 - County foster parent associations may be established, duties of division.
Section 210.539 - State health insurance, foster parents may purchase, when.
Section 210.543 - Specialized foster parents, training, fiscal incentives.
Section 210.545 - Respite care facilities for foster families — rules and regulations — procedure.
Section 210.564 - Citation of law — foster care bill of rights.
Section 210.566 - Foster parents' bill of rights.
Section 210.570 - Text of compact.
Section 210.580 - Compact binding, when.
Section 210.590 - Courts and agencies to cooperate to promote purposes of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.630 - Definitions — governor's appointment of administrator authorized.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.650 - Contingent effective date.
Section 210.652 - Electronic exchanging of data and documents.
Section 210.680 - Rulemaking authority.
Section 210.761 - Right to testify at foster care hearings, qualifications, limitation.
Section 210.762 - Family support team meetings to be held, when — who may attend — form to be used.
Section 210.764 - Certain case records available for review by parents or guardians.
Section 210.790 - Foster parent standing for court proceedings.
Section 210.817 - Definitions.
Section 210.818 - Relationship not dependent on marriage.
Section 210.819 - Parent and child relationship, how established.
Section 210.822 - Presumption of paternity — rebuttal of presumption, standard of proof.
Section 210.828 - Statute of limitations, exception — notification form required, when.
Section 210.829 - Jurisdiction, venue, severance — effect of failure to join action for necessaries.
Section 210.830 - Parties — guardian ad litem, when appointed.
Section 210.834 - Blood tests — expert defined.
Section 210.836 - Evidence relating to paternity.
Section 210.838 - Pretrial recommendation — actions, effect of party's refusal to accept.
Section 210.841 - Judgment or order, contents — amount of support, presumption.
Section 210.844 - Applicability of certain statutes.
Section 210.845 - Modification of decree, when — procedure, burden.
Section 210.846 - Hearings and records, confidentiality — inspection allowed, when.
Section 210.848 - Action to declare mother and child relationship.
Section 210.849 - Birth records.
Section 210.850 - Uniformity of application and construction.
Section 210.851 - Citation of law.
Section 210.852 - Application to actions commenced prior to effective date.
Section 210.853 - Parenting plan in paternity actions.
Section 210.875 - Children's services commission study, purpose.
Section 210.877 - Courts and agencies to provide information.
Section 210.900 - Definitions.
Section 210.903 - Family care safety registry and access line established, contents.
Section 210.912 - Right to appeal, procedure.
Section 210.915 - Departmental collaboration on registry information — rulemaking authority.
Section 210.918 - Toll-free telephone service maintained for access to information.
Section 210.922 - Use of registry information by certain departments, when.
Section 210.924 - Rulemaking authority.
Section 210.927 - Annual report, when, contents.
Section 210.936 - Registry information deemed public record.
Section 210.1030 - Task force created, members, duties — termination date.
Section 210.1210 - Policy recommendations.
Section 210.1250 - Citation of law.
Section 210.1253 - Definitions.
Section 210.1259 - Director of facility to provide notice — facility registration — inapplicability.
Section 210.1262 - Notification, filing, contents.
Section 210.1263 - Background checks required, when.
Section 210.1265 - Fire, safety, health, and sanitation inspections, facility to comply.
Section 210.1268 - Operation without proper notification, court injunction, when.
Section 210.1280 - Facility compliance list to be maintained, contents.
Section 210.1283 - Failure to complete a background check, penalty.