211.038. Children not to be reunited with parents or placed in a home, when — discretion to return, when. — 1. A child under the jurisdiction of the juvenile court shall not be reunited with a parent or placed in a home in which the parent or any person residing in the home has been found guilty of any of the following offenses when a child was the victim:
(1) A felony violation of section 566.030, 566.031, 566.032, 566.060, 566.061, 566.062, 566.064, 566.067, 566.068, 566.069, 566.071, 566.083, 566.100, 566.101, 566.111, 566.151, 566.203, 566.206, 566.209, 566.211, or 566.215;
(2) A violation of section 568.020;
(3) Abuse of a child under section 568.060 when such abuse is sexual in nature;
(4) A violation of section 568.065;
(5) A violation of section 573.200;
(6) A violation of section 573.205; or
(7) A violation of section 568.175;
(8) A violation of section 566.040, 566.070, or 566.090 as such sections existed prior to August 28, 2013; or
(9) A violation of section 566.212, 568.080, or 568.090 as such sections existed prior to January 1, 2017.
2. For all other violations of offenses in chapters 566 and 568 not specifically listed in subsection 1 of this section or for a violation of an offense committed in another state when a child is the victim that would be a violation of chapter 566 or 568 if committed in Missouri, the juvenile court may exercise its discretion regarding the placement of a child under the jurisdiction of the juvenile court in a home in which a parent or any person residing in the home has been found guilty of, or pled guilty to, any such offense.
3. If the juvenile court determines that a child has abused another child, such abusing child shall be prohibited from returning to or residing in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends, until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings or children living in the same home.
Notes of Decisions
J.D.W. v. Mississippi Cnty. Juv. Off., 534 S.W.3d 887 (Mo. Ct. App. 2017).
· cites it 16× “083, in that such section does'not authorize termination of parental rights; (3) terminating Father’s parental rights based solely on his incarceration because Father has not abandoned the Children; (4) terminating Father’s parental rights based on section 211.038 because it is…”
E.W.G. v. Dent Cnty. Juv. Off., 399 S.W.3d 48 (Mo. Ct. App. 2013).
· cites it 18× “And in accordance with Section 211.038 RSMo., this Court has the discretion to decline placing any of these minor children back with [E.”
In the Interest of A.S.W., 226 S.W.3d 151 (Mo. 2007).
· cites it 25× “based solely on section 211.038, RSMo Supp.2004, because the statute did not take effect until after the father’s motion to modify was filed.”
Juv. Officer v. K.L.E., 169 S.W.3d 581 (Mo. Ct. App. 2005).
· cites it 9× “Moreover, in view of Section 211.038, RSMo. 2004 Supp., it was not an abuse of discretion to conclude that termination was in the child’s best interests.”
J.O. v. Taney Cnty. Juv. Off., 315 S.W.3d 406 (Mo. Ct. App. 2010).
· cites it 8× “Section 211.038 (effective date September 15, 2005) provides, in pertinent part: 1.”
R.A.L. v. Phelps Cnty. Juv. Off. (In re Interest of J.A.L.), 547 S.W.3d 804 (Mo. Ct. App. 2018).
· cites it 3× “THE TRIAL COURT ERRED IN TERMINATING FATHER'S PARENTAL RIGHTS DUE TO PARENTAL UNFITNESS BECAUSE THE JUDGMENT ERRONEOUSLY APPLIES THE LAW IN THAT BASED ON FATHER NOT BEING CONSIDERED A REUNIFICATION SOURCE PURSUANT TO MO.”
L.V.J. v. Juv. Officer, 160 S.W.3d 815 (Mo. Ct. App. 2005).
· cites it 6× “See § 211.038 RSMo Cum.Supp.2004. Regarding the extent to which Father has provided for the care and maintenance of the children, Father points out that he submitted as evidence prison documents indicating that a portion of his prison income had been deducted for child support.”
Missouri Child.'s Div. v. B.C., 182 S.W.3d 680 (Mo. Ct. App. 2006).
· cites it 4× “Indeed, such crimes are so severe that in 2004, a year before this case was tried, the General Assembly enacted section 211.038, which provides, in relevant part, that when such a child was the victim, “[n]o child under the jurisdiction of the juvenile court shall be reunited…”
Missouri Child.'s Div. v. L.B., 162 S.W.3d 517 (Mo. Ct. App. 2005).
· cites it 3× “Pursuant to section 211.038, RSMo. (2004, eum.supp.), it now appears that, in view of Mother’s conviction, there can be no reunification with Mother as a matter of law.”
In Re Asw, 226 S.W.3d 151 (Mo. 2007).
· cites it 25× “based solely on section 211.038, RSMo Supp.2004, because the statute did not take effect until after the father's motion to modify was filed.”
In Re Tme, 169 S.W.3d 581 (Mo. Ct. App. 2005).
· cites it 9× “Moreover, in view of Section 211.038, RSMo.2004 Supp., it was not an abuse of discretion to conclude that termination was in the child's best interests.”
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