§4 ch1: Recommending Placement
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1.4 Reasons for Recommending Placement
Although it is the legal responsibility of law enforcement, juvenile officer, or physician to determine when protective custody is necessary, Children’s Division (CD) staff should provide their professional opinion to the official making such a determination.
The reasons for requesting protective custody are found in the Missouri Law Handbook section 211.031, RSMo. Briefly these include:
- The child is in need of care and treatment because the parent(s) has neglected him/her or refused to provide proper support, education, medical, surgical, or other care required by law;
- The child is otherwise without proper care, custody or support;
- The behavior, environment, or associations of the child are injurious to his/her welfare or that of others; or
- The child is charged with an offense not classified as criminal if committed by an adult (status offender).
Additional authority to secure "protective custody" of a child is found in section 210.125, RSMo. Briefly this is:
- Twenty-four (24) hour protective custody may be taken by a juvenile officer who has cause to believe the child is suffering from illness or injury, or is in danger of personal harm in his surroundings and that a case of child abuse or neglect exists and the threat of harm to the child may occur before a court can issue a court order assuming protective custody; or
- Twelve (12) hour protective custody may be taken by a police officer, law enforcement official or a physician who has cause to believe the child is suffering from illness or injury, or is in danger of personal harm and a case of child abuse or neglect exists and the threat of harm to the child may occur before a court can issue a court order assuming protective custody.