☰ Revisor of Missouri

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 1994 bottom

  211.261.  Appeals. — 1.  An appeal shall be allowed to the child from any final judgment, order or decree made under the provisions of this chapter and may be taken on the part of the child by its parent, guardian, legal custodian, spouse, relative or next friend.  An appeal shall be allowed to a parent from any final judgment, order or decree made under the provisions of this chapter which adversely affects him.  An appeal shall be allowed to the juvenile officer from any final judgment, order or decree made under this chapter, except that no such appeal shall be allowed concerning a final determination pursuant to subdivision (3) of subsection 1 of section 211.031.  Notice of appeal shall be filed within thirty days after the final judgment, order or decree has been entered but neither the notice of appeal nor any motion filed subsequent to the final judgment acts as a supersedeas unless the court so orders.

  2.  Notwithstanding the provisions of subsection 1 of this section, an appeal shall be allowed to the juvenile officer from any order suppressing evidence, a confession or an admission, in proceedings under subdivision (3) of subsection 1 of section 211.031.

  3.  The appeal provided for in subsection 2 of this section shall be an interlocutory appeal, filed in the appropriate district of the Missouri court of appeals.  Notice of such interlocutory appeal shall be filed within three days of the entry of the order of trial court; the time limits applicable to such appeal shall be the same as in interlocutory appeals allowed to the state in criminal cases.

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(L. 1957 p. 642 § 211.260, A.L. 1994 S.B. 657)

(1954) An appeal from a juvenile court judgment finding minor delinquent in that he committed burglary and larceny is not within the jurisdiction of the supreme court either as a case of felony or as a civil case where the state is a party.  State v. Harold, 364 Mo. 1052, 271 S.W.2d 527.

(1955) Where information charged that nine minor children were neglected and judgment ordered one removed from parents' home and took question as to the other children under advisement, the case was not disposed of and appeal was premature.  State v. Couch (A.), 285 S.W.2d 42.

(1956) The determination of the status of the child and the determination of the question of commitment are separate and distinct proceedings, each terminating in a final judgment from which an appeal lies. In re Juvenile Delinquency Appeal (A.), 289 S.W.2d 436.

(1958) A juvenile proceeding is not a criminal case but partakes of a "civil" character so that on appeal reviewing court is not required to examine record in light of motion for new trial as required by § 547.270, RSMo. In re C . . . . . . .  (A.), 314 S.W.2d 756.

(1962) Appeal by parents from judgment terminating parental rights is authorized by section 211.261. In re Burgess (A.), 359 S.W.2d 484.

(1962) Father's appeal from order making minor sons wards of court and committing them to custody of division of welfare, filed more than 30 days after entry of final judgment, dismissed. In re R.,S., and T. (A.), 362 S.W.2d 642.


---- end of effective   28 Aug 1994 ----

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