Rule 123.04 Court Action to Place Juvenile in Temporary Protective Custody

a.An order for temporary protective custody shall be entered only upon:

(1) the filing of a petition or motion to modify; and

(2) a determination by the court that probable cause exists to believe that:

(A) the facts specified in the petition or motion to modify bring the juvenile within the jurisdiction of the court under subdivision (1) of subsection 1 of section 211.031, RSMo; and

(B) the conditions requiring judicial custody continue to exist.

b.When the court is presented with a petition or motion to modify requesting that a juvenile be placed in temporary protective custody, it shall examine the reasons therefor and immediately:

(1) appoint a guardian ad litem; and

(2) determine and make a finding on whether continuation of the juvenile in the home is contrary to the juvenile’s welfare; and

(3) either:

(A) order the juvenile released pursuant to Rule 123.02; or

(B) order the juvenile placed in temporary protective custody.

c.If the juvenile is placed in temporary protective custody, the court shall hold a protective custody hearing pursuant to Rule 123.05 within three days, excluding Saturdays, Sundays and legal holidays, of the date the juvenile is taken into judicial custody.

d.If the juvenile is released, the court shall hold a preliminary child welfare proceeding pursuant to Rule 123.07 within three days, excluding Saturdays, Sundays and legal holidays, of the date of filing of the petition.