Effective - 28 Aug 2008, 2 histories
*211.034. Extension of juvenile court jurisdiction permitted, when — procedure — immunity from liability for certain persons, when — expiration date. — 1. Any parent, legal guardian, or other person having legal custody of a minor child may, at any time after the minor child attains fifteen years of age and before the minor child attains eighteen years of age, petition the circuit court for the county where the minor child and parent, legal guardian, or other person having legal custody of the minor child reside to extend the jurisdiction of the juvenile court until the minor child reaches the age of eighteen years.
2. The petition shall be accompanied by verified proof of service on the minor child and certified copies of documents demonstrating that the petitioner is the parent, legal guardian, or other legal custodian of the minor child. If the petitioner is not the natural parent of the minor child, the petition shall be accompanied by:
(1) An affidavit from at least one of the child's natural parents consenting to the granting of the petition; or
(2) An affidavit from the petitioner stating that the natural parents:
(a) Are deceased;
(b) Have been declared legally incompetent;
(c) Have had their parental rights as to the minor child terminated by a court of competent jurisdiction;
(d) Have voluntarily surrendered their parental rights as to the minor child;
(e) Have abandoned the minor child;
(f) Are unknown; or
(g) Are otherwise unavailable, in which case, the affidavit shall state the reasons why the natural parents are unavailable.
In all cases where any parent, legal guardian, or other person having legal custody of a minor child petitions the court to extend the jurisdiction of the juvenile court until the minor child's eighteenth birthday, the court shall appoint an attorney to represent the minor child. An individual filing the petition shall pay the attorney fees of the minor child.
3. Upon the filing of a petition under this section and a determination by the court in favor of the petitioner, the circuit court shall issue an order declaring that the minor child shall remain under the jurisdiction of the juvenile court for all purposes under state law until the minor child reaches eighteen years of age; except that, for purposes of criminal law and procedure, including arrest, prosecution, trial, and punishment, if the minor is certified as an adult, the minor shall remain a certified adult despite the issuance of a court order under this section. Such minor child shall be subject to the compulsory school attendance requirements of section 167.031 until the minor child receives a high school diploma or its equivalent, or reaches eighteen years of age. The court order shall be filed with the circuit clerk for the county where the petitioner resides.
4. Nothing in this section shall be construed as creating any civil or criminal liability for any law enforcement officer, juvenile officer, school personnel, or court personnel for any action taken or failure to take any action involving a minor child who remains under the jurisdiction of the juvenile court under this section if such action or failure to take action is based on a good faith belief by such officer or personnel that the minor child is not under the jurisdiction of the juvenile court.
5. The provisions of this section shall expire when the amendments to subsection 1 of section 211.021 take effect in accordance with subsection 2 of section 211.021.
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(L. 2006 H.B. 1182, A.L. 2008 H.B. 1550)
*Contingent expiration date.
*Revisor's Note: The General Assembly had not appropriated the amounts specified in this section as of the date of the general republication of the Revised Statutes of Missouri in 2016.
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Section 211.011 - Purpose of law — how construed.
Section 211.021 - Definitions.
Section 211.023 - Juvenile court commissioner, appointment, where, term, compensation.
Section 211.037 - Nonoffending parent, child returned to custody of, when.
Section 211.051 - Jurisdiction as to custody of child not exclusive.
Section 211.069 - Citation of law.
Section 211.085 - Court may order work in restitution for child — child not an employee.
Section 211.101 - Issuance of summons — notice — temporary custody of child — subpoenas.
Section 211.111 - Summons, how served.
Section 211.121 - Failure to respond to summons, contempt — warrant for custodian of child.
Section 211.132 - Parent, guardian may be made party to proceeding.
Section 211.135 - Appearance of child in court, when.
Section 211.151 - Places of detention — photographing and fingerprinting, restrictions.
Section 211.156 - Care and detention of certain children by county, contribution by state, when.
Section 211.161 - Court may require physical or mental examination — costs paid by county.
Section 211.177 - Grandparent's right to intervene in action, restrictions, termination.
Section 211.180 - Family preservation screenings, conducted when, results.
Section 211.188 - Court may order work for restitution — not an employee.
Section 211.202 - Mentally disordered children, evaluation — disposition — review by court.
Section 211.203 - Developmentally disabled children, evaluation — disposition — review by court.
Section 211.221 - Religion considered in placing child.
Section 211.251 - Modification of court orders.
Section 211.271 - Court orders not to affect civil rights — not evidence, exception.
Section 211.281 - Costs how adjudged, collected.
Section 211.311 - Clerk of circuit court to act for juvenile court.
Section 211.319 - Juvenile court records and proceedings, abuse and neglect cases, procedure.
Section 211.341 - Detention facilities, how provided — government (third and fourth class counties).
Section 211.343 - Detention facilities, standards and rules for operation.
Section 211.355 - Missouri state juvenile justice advisory board, members, report.
Section 211.381 - Compensation of juvenile court personnel — expenses — salary adjustments.
Section 211.382 - Professionals retained by juvenile court, when.
Section 211.401 - Duties of juvenile officers — may make arrests — cooperation.
Section 211.411 - Law enforcement officials to assist and cooperate with juvenile officers.
Section 211.421 - Endangering the welfare of a child or interfering with orders of court.
Section 211.431 - Violation of law, class A misdemeanor.
Section 211.442 - Definitions.
Section 211.443 - Construction of sections 211.442 to 211.487.
Section 211.444 - Termination of parental rights, when.
Section 211.453 - Service of summons, how made — when required — waiver of summons.
Section 211.487 - Application of sections 211.442 to 211.487 — what law to govern.
Section 211.500 - Establishment of regional juvenile detention districts, when.