Section 211.034

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

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.  

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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:  Section 211.021 was amended by S.B. 793 merged with S.B. 800, 2018, to repeal subsection 2 of section 211.021, effective 1-01-21.