Chapter 04: Venue
| Section 4.1 |
|
Generally |
| Section 4.2 |
Abuse/Neglect |
|
| Section 4.3 |
Status Offenses |
|
| Section 4.4 |
Delinquency |
|
| Section 4.5 |
Adoption |
|
| Section 4.6 |
Commitment of Juvenile to Guardianship of the Department of Social Services |
| |
Section 4.1 Generally |
Section 211.031, RSMo also governs venue issues on the basic types of proceedings heard in juvenile court. Venue issues relating to termination of parental rights are found in Section 211.442, et seq., RSMo.
Venue in juvenile cases is based upon "residence," not "domicile." Venue in juvenile cases is also based upon where the child is "found." In the instance of allegation of delinquency, venue may additionally be based upon where the crime was committed.
To exercise jurisdiction based upon the fact that a child is "found" within the county, physical presence in the county is required. Matter of Jackson, 592 S.W.2d 320 (Mo. App. S.D. 1979).
In Matter of Jackson, 592 S.W.2d 320 (Mo. App. S.D. 1979), the domicile of a child became that of his surviving father upon the death of his mother, and therefore, the child became a resident of the county in which his father resided, and not a resident of the county in which he had lived with his mother.
| |
Section 4.2 Abuse/Neglect |
Venue may be in the county where the juvenile is a resident or in the county where the juvenile is found. The jurisdiction of the juvenile court to hear abuse/neglect cases ceases when the juvenile reaches the age of 18 years. Section 211.031.1(1), RSMo. Cf. 211.036 and 211.041, RSMo. Under the provision of the statute requiring jurisdiction to be in the county where the child is "found," physical presence in the county is sufficient for the trial court to exercise jurisdiction. In Interest of T.B., 936 S.W.2d 913 (Mo. App. W.D. 1997). The residence of a child follows the residence of the child's parents. Thus, a child born in Kansas who has never been in Missouri is a resident of Missouri where the parents are residents of Missouri. State ex rel. R.P. v. Rosen, 966 S.W.2d 292 (Mo. App. W.D. 1998).
| |
Section 4.3 Status Offenses |
Proper
venue for status offenses may be in the county where the child is a resident or
in the county where the child is found. Section 211.031.1(2), RSMo.
Jurisdiction of the juvenile court over a status offender ceases when the
juvenile becomes 17 years of age. Cf. 211.041, RSMo.
| |
Section 4.4 Delinquency |
Proper venue for a child accused of an act which, if committed by an adult, would be a crime can be in any one of three places. Venue in delinquency proceedings is proper in the county of the child's residence, in the county where the child may be found, or in the county where the offense was committed. Jurisdiction of the juvenile court over children accused of committing crimes ceases when the juvenile reaches the age of 17 years. Cf. 211.041, RSMo.
The age of the juvenile at the time of the commission of the offense charged is the operative age which the court must use to determine if it has jurisdiction. Thus, a child who commits an offense while under 17 years of age, but who is arrested for that offense after becoming 17 years of age or older must in the first instance be dealt with in the juvenile court and charges must be filed in the juvenile division in a place of appropriate venue. See J.O.N. v. Juvenile Officer, 777 S.W.2d 633 (Mo. App. W.D. 1989). See also State ex rel. K. D. C. v. Copeland, 852 S.W.2d 417 (Mo. App. S.D. 1993).
The circuit court, and not the juvenile court, has jurisdiction over a 17 year old where the crime occurred on the 17th birthday of the defendant, even though the time of the crime preceded the actual hour of the anniversary of the birth since the law does not recognize or consider fractions of a day. State v. Brown, 443 S.W.2d 805 (Mo. 1969). See also Brown v. Baldwin, 356 F. Supp. 831 (D. Mo. 1973), and Jolley v. Bowersox, 2011 U.S. Dist. LEXIS 35952 (E.D. Mo. Feb. 28, 2011).
In circumstances in which the juvenile court has previously exercised jurisdiction over a person who has reached the age of 17 years, jurisdiction over any criminal offense alleged to have been committed by the individual subsequent to the 17th birthday is with the circuit court and adult authorities.
| |
Section 4.5 Adoption |
Venue rules for adoption are covered elsewhere in the benchbook.
Back to Top ↑
| |
Section 4.6 Commitment of Juvenile to Guardianship of the Department of Social Services |
Venue rules for guardianship are covered elsewhere in the benchbook.
Back to Top ↑