211.021. Definitions. — As used in this chapter, unless the context clearly requires otherwise:
(1) "Adult" means a person eighteen years of age or older;
(2) "Child" means any person under eighteen years of age;
(3) "Juvenile court" means the juvenile division or divisions of the circuit court of the county, or judges while hearing juvenile cases assigned to them;
(4) "Legal custody" means the right to the care, custody and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline of a child. Legal custody may be taken from a parent only by court action and if the legal custody is taken from a parent without termination of parental rights, the parent's duty to provide support continues even though the person having legal custody may provide the necessities of daily living;
(5) "Parent" means either a natural parent or a parent by adoption and if the child is illegitimate, "parent" means the mother;
(6) "Shelter care" means the temporary care of juveniles in physically unrestricting facilities pending final court disposition. These facilities may include:
(a) "Foster home", the private home of foster parents providing twenty-four-hour care to one to three children unrelated to the foster parents by blood, marriage or adoption;
(b) "Group foster home", the private home of foster parents providing twenty-four-hour care to no more than six children unrelated to the foster parents by blood, marriage or adoption;
(c) "Group home", a child care facility which approximates a family setting, provides access to community activities and resources, and provides care to no more than twelve children.
Notes of Decisions
Cited in
73
cases (
11 in the last 5 years), 1957–2023 · leading case:
Miller v. Alabama, 132 S. Ct. 2455 (2012).
Miller v. Alabama, 132 S. Ct. 2455 (2012).
· cites it 2× “Laws, ch. 119, §74 (West 2010); Mich. Comp.”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “See Mo. Rev. Stat. §§ 211.021 (2000) and 211.”
State v. Battle, 661 S.W.2d 487 (Mo. 1983).
· cites it 6× “Section 211.021, RSMo 1978. [7] The legislatures in some states have enacted statutes prohibiting the death penalty sanction in cases involving youthful offenders.”
Miller v. Russell, 593 S.W.2d 598 (Mo. Ct. App. 1979).
· cites it 8× “241 because, by definition of “parent” under Section 211.021, that obligation rests only on the mother and (c) adjudication of paternity by the juvenile division would deny Miller his right to a jury trial in contravention of Article I, Section 22(a), Constitution of Missouri,…”
State v. Woodworth, 941 S.W.2d 679 (Mo. Ct. App. 1997).
· cites it 3× “” § 211.021(2). In some contexts, a “child” can also mean a person between the ages of seventeen and twenty-one over whom the juvenile court retains jurisdiction.”
State v. Wade, 531 S.W.2d 726 (Mo. 1976).
· cites it 4× “When a child is taken into custody with or without warrant for an offense, the child together with any information concerning him and the personal property found in his possession, shall be taken immediately and directly before the juvenile court or delivered to the juvenile…”
State v. Perry, 954 S.W.2d 554 (Mo. Ct. App. 1997).
· cites it 3× “Therefore, he was a juvenile pursuant to section 211.021, which states that a "child” means a person under seventeen years of age.”
In the Interest of R.M.P., 811 S.W.2d 61 (Mo. Ct. App. 1991).
· cites it 7× “Fifth, § 211.021(4) RSMo 1986 defines the rights and obligations of the Division as legal custodian.”
State v. Porter, 241 S.W.3d 385 (Mo. Ct. App. 2007).
· cites it 2× “The court rejected this argument on the basis that under section 211.021(4), the mother had a superior right of custody because the parties had not been married.”
State v. Clements, 789 S.W.2d 101 (Mo. Ct. App. 1990).
· cites it 2× “Defendant, born July 31, 1970, was over 17 years old and thus not a "child," § 211.021(2), for purposes of treatment as a juvenile offender.”
State v. Abbott, 654 S.W.2d 260 (Mo. Ct. App. 1983).
· cites it 2× “§ 211.021(3), RSMo 1978. 7 . Abbott became 17 years of age November 14, 1980, however the offenses charged in Counts I and II were committed while he was of juvenile age.”
In Interest of M______ R______ F______, 907 S.W.2d 787 (Mo. Ct. App. 1995).
· cites it 2× “The Juvenile Division of the Circuit Court of Camden County (“the juvenile court,” § 211.021(3), RSMo 1986) decreed it had jurisdiction over three children under § 211.”
— Mo. Rev. Stat. § 211.021(1) — 6 cases
— Mo. Rev. Stat. § 211.021(2) — 14 cases
State v. Woodworth, 941 S.W.2d 679 (Mo. Ct. App. 1997).
“” § 211.021(2). In some contexts, a “child” can also mean a person between the ages of seventeen and twenty-one over whom the juvenile court retains jurisdiction.”
State v. Wade, 531 S.W.2d 726 (Mo. 1976).
“When a child is taken into custody with or without warrant for an offense, the child together with any information concerning him and the personal property found in his possession, shall be taken immediately and directly before the juvenile court or delivered to the juvenile…”
State v. Clements, 789 S.W.2d 101 (Mo. Ct. App. 1990).
“Defendant, born July 31, 1970, was over 17 years old and thus not a "child," § 211.021(2), for purposes of treatment as a juvenile offender.”
State v. Perry, 954 S.W.2d 554 (Mo. Ct. App. 1997).
“Therefore, he was a juvenile pursuant to section 211.021, which states that a "child” means a person under seventeen years of age.”
— Mo. Rev. Stat. § 211.021(3) — 20 cases
State v. Abbott, 654 S.W.2d 260 (Mo. Ct. App. 1983).
“§ 211.021(3), RSMo 1978. 7 . Abbott became 17 years of age November 14, 1980, however the offenses charged in Counts I and II were committed while he was of juvenile age.”
In Interest of M______ R______ F______, 907 S.W.2d 787 (Mo. Ct. App. 1995).
“The Juvenile Division of the Circuit Court of Camden County (“the juvenile court,” § 211.021(3), RSMo 1986) decreed it had jurisdiction over three children under § 211.”
— Mo. Rev. Stat. § 211.021(4) — 9 cases
State v. Porter, 241 S.W.3d 385 (Mo. Ct. App. 2007).
“The court rejected this argument on the basis that under section 211.021(4), the mother had a superior right of custody because the parties had not been married.”
In the Interest of R.M.P., 811 S.W.2d 61 (Mo. Ct. App. 1991).
“Fifth, § 211.021(4) RSMo 1986 defines the rights and obligations of the Division as legal custodian.”
— Mo. Rev. Stat. § 211.021(5) — 5 cases
Miller v. Russell, 593 S.W.2d 598 (Mo. Ct. App. 1979).
“241 because, by definition of “parent” under Section 211.021, that obligation rests only on the mother and (c) adjudication of paternity by the juvenile division would deny Miller his right to a jury trial in contravention of Article I, Section 22(a), Constitution of Missouri,…”
— Mo. Rev. Stat. § 211.021(6) — 1 case
— Mo. Rev. Stat. § 211.021(6)(a) — 1 case
In the Interest of R.M.P., 811 S.W.2d 61 (Mo. Ct. App. 1991).
“Fifth, § 211.021(4) RSMo 1986 defines the rights and obligations of the Division as legal custodian.”
— Mo. Rev. Stat. § 211.021(6Xc) — 1 case
— Mo. Rev. Stat. § 211.021(a) — 1 case
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