3.1.2 Protective Custody of the Child
The reasons for requesting protective custody are found in the Missouri law chapter 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).
By statute, a Children’s Service Worker cannot take protective custody of the child. It is the legal responsibility of law enforcement, physician or juvenile officer to take protective custody of a child if imminent danger exists.
At the time CD is given protective custody, the intake worker determines if it is most appropriate for the child to:
- Remain in the current setting;
- Be transported to the office or site of continuing investigation for participation in the process; or
- Be placed in emergency care.
If the child's condition indicates that emergency medical care is necessary, the intake worker shall make arrangements for the child to be immediately taken to a doctor or to an emergency room. If appropriate, parents should be allowed to accompany child.
A copy of the medical report will be obtained and given to the placement provider, with a copy maintained in the file.