211.063. Secure detention, limitations — probable cause hearing required, when — definitions — application of law.

320 words·~1 min read·/mo/chapter-211/211-063

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211.063. Secure detention, limitations — probable cause hearing required, when — definitions — application of law. — 1. A child accused of violating the provisions of subdivision

(2)of subsection 1 of section 211.031 shall not be held in a secure detention placement for a period greater than twenty-four hours, excluding Saturdays, Sundays and legal holidays, unless the court finds pursuant to a probable cause hearing held within that twenty-four-hour period, that the child has violated the conditions of a valid court order and that:

(1)The child has a record of willful failure to appear at juvenile court proceedings; or

(2)The child has a record of violent conduct resulting in physical injury to self or others; or

(3)The child has a record of leaving a court-ordered placement, other than secure detention, without permission.

2. As used in this section, the following terms mean:

(1)"Secure detention" , any public or private residential facility used for the temporary placement of any child if such facility includes construction fixtures designed to physically restrict the movements and activities of children held in the lawful custody of such facility;

(2)"Valid court order" , an order issued by a court of competent jurisdiction regarding a child who has been brought before the court, which sets forth specific conditions of behavior for the child and consequences of violations of such conditions.

3. This section shall not apply:

(1)To a child who has been taken under the jurisdiction of the court pursuant to subdivision

(3)of subsection 1 of section 211.031 ; or

(2)To a child who was adjudicated pursuant to subdivision

(3)of subsection 1 of section 211.031 after being taken under the jurisdiction of the court; or

(3)To a child who is currently charged with a violation under subdivision

(3)of subsection 1 of section 211.031 .

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(L. 1989 H.B. 502, et al., A.L. 1993 S.B. 88)