Missouri § 210.1271 - Injunctive relief, when — cease operation orders, hearing — emergency temporary custody, when.

§ 210.1271. Injunctive relief, when — cease operation orders, hearing — emergency temporary custody, when.

1.  Notwithstanding any other remedy, the department, the prosecuting or circuit attorney of the county where the facility is located, or the attorney general may seek injunctive relief to cease the operation of the residential care facility and provide for the appropriate removal of the children from the residential care facility and placement in the custody of the parent or legal guardian or any other appropriate individual or entity in the discretion of the court, refer the matter to the juvenile officer of the appropriate county for appropriate proceedings under chapter 211, or other orders as the court determines appropriate to ensure the health and safety of the children.  Such action shall be brought in the circuit court of the county in which such residential care facility is located and shall be initiated only for the following violations:

(1)  Providing supervision, care, lodging, or maintenance for any children in such facility without filing notification in accordance with sections 210.1250 to 210.1286;

(2)  Failing to satisfactorily comply with all fire, safety, health, and sanitation inspections as may be required by state law or local ordinance and required under section 210.252;

(3)  Failing to comply with background checks as required by section 210.493; or

(4)  An immediate health or safety concern for the children at the residential care facility.

2.  In cases of an order granted ex parte under subsection 1 of this section requiring a residential care facility to cease operations, a hearing shall be held within three business days to determine whether the order shall remain in effect, with attempted notice to the facility and the parents or guardians and due process for all parties.  In determining whether the order shall remain in effect, the court shall consider whether there exists reasonable cause to believe that the grounds for the original ex parte order continue to persist or if additional grounds exist to support the ex parte order as necessary to protect the health and safety of the children at the facility.

3.  The department may notify the attorney general of any case in which the department makes a referral to a juvenile officer for removal of a child from a residential care facility.  The notification shall include any violations under subsection 1 of this section.

4.  If the court refers the matter to a juvenile officer, the court may also enter an order placing a child in the emergency, temporary protective custody of the children's division within the department, as provided under this section, for a period of time not to exceed five days.  Such placement shall occur only if the children's division certifies to the court that the children's division has a suitable, temporary placement for the child and the court makes specific, written findings that:

(1)  It is contrary to the welfare of the child to remain in the residential care facility;

(2)  That the parent or legal guardian is unable or unwilling to take physical custody of the child within that time; and

(3)  There is no other temporary, suitable placement for the child.

­­

­

5.  The provisions of sections 452.700 to 452.930 shall apply and the court shall follow the procedures specified under section 452.755 for children who are placed at a residential care facility and who are from another state or country or are under the jurisdiction or authority of a court from another state.

­­--------

(L. 2021 H.B. 557 & 560)

Effective 7-14-21

---- end of effective  14 Jul 2021 ----

use this link to bookmark section  210.1271