Taking A Juvenile Into Judicial Custody

A juvenile may be taken into custody generally as follows:  

(1) pursuant to an order of the court,

(2) pursuant to the laws of arrest applicable to adults if being taken into detention,

(3) by a law enforcement officer or physician in certain abuse/neglect cases, or

(4) by a juvenile officer in certain abuse/neglect cases.  Rule 111.01a.

Order of Court

This ground usually refers to a court order which has already been issued before the juvenile is taken into judicial custody.  The most common way in which this ground is utilized is when the court has issued a capias (which some circuits refer to as a "pick up order” or an ”order to take juvenile into judicial custody”).  See Rule 128.01. Rule 111.01a(1).

Pursuant to Laws of Arrest Applicable to Adults

This ground is usually utilized when the juvenile is being taken into custody for the commission of a crime or for a status offense.  It should be noted that this ground applies only if the juvenile is being taken into detention, and since detention implies status or delinquency, this ground is not applicable to abuse/neglect cases. Rule 111.01a(2).

By a Law Enforcement Officer or Physician

This ground applies in abuse/neglect cases.  A law enforcement officer or physician can authorize 12 hour emergency protective custody pursuant to Rules 111.01a(3) and 111.11.  To utilize this ground, the law enforcement officer or physician must have:

(1) reasonable cause

(2) to believe the juvenile is in imminent danger

(3) of suffering serious physical harm or threat to life

(4) that may occur before a court could issue a protective custody order or before a juvenile officer could take the juvenile into temporary protective custody. Rule 111.01a(3).

Juvenile Officer

The juvenile officer may take the juvenile into 24 hour temporary protective custody in abuse/neglect cases.  In order to do so, the juvenile officer must:

(1) have reasonable cause

(2) to believe the juvenile is without proper care, custody or support and

(3) that temporary protective custody is necessary to prevent personal harm to the juvenile. Rule 111.01 a

(4).  Note that there is no direct statutory authority for this and the sole direct basis is the Rule.  It is suggested that the juvenile officer who exercises this discretionary power do so only if necessary after applying the same standard as applicable to a law enforcement officer or physician, as set forth above, the so-called imminent danger standard.

Temporary protective custody shall not exceed 24 hours.  Section 210.125, RSMo.  It should be noted that the statute does not distinguish between emergency protective custody and temporary protective custody as does Supreme Court Rule.  Thus, the combined time authorized by a law enforcement officer or physician as set forth previously and the juvenile officer may not exceed 24 hours.  Pursuant to Rule 111.13b, and upon written motion and upon good cause shown, the court may extend temporary protective custody for a period not to exceed 24 hours.

The taking of a juvenile into judicial custody whether for abuse/neglect or status/ delinquency is not considered an arrest. Rule 111.01b.  Please note, however, that if the juvenile is being taken into judicial custody in connection with delinquency and the juvenile resists, the juvenile can be charged with resisting arrest.

Jurisdiction of the court attaches when the juvenile is taken into judicial custody.  Rule 111.01c.

A child may not be removed prior to the end of the official school day to place the child in foster care unless a court order specifies that the child may be removed from school.  Section 210.760.