211.061. Arrested child taken before juvenile court — transfer of prosecution to juvenile court — limitations on detention of juvenile — detention hearing, notice. — 1. When a child is taken into custody with or without warrant for an offense, the child, together with any information concerning the child and the personal property found in the child's possession, shall be taken immediately and directly before the juvenile court or delivered to the juvenile officer or person acting for the child.
2. If any person is taken before a circuit or associate circuit judge not assigned to juvenile court or a municipal judge, and it is then, or at any time thereafter, ascertained that he or she was under the age of eighteen years at the time he or she is alleged to have committed the offense, or that he or she is subject to the jurisdiction of the juvenile court as provided by this chapter, it is the duty of the judge forthwith to transfer the case or refer the matter to the juvenile court, and direct the delivery of such person, together with information concerning him or her and the personal property found in his or her possession, to the juvenile officer or person acting as such.
3. When the juvenile court is informed that a child is in detention it shall examine the reasons therefor and shall immediately:
(1) Order the child released; or
(2) Order the child continued in detention until a detention hearing is held. An order to continue the child in detention shall only be entered upon the filing of a petition or motion to modify and a determination by the court that probable cause exists to believe that the child has committed acts specified in the petition or motion that bring the child within the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031.
4. A juvenile shall not remain in detention for a period greater than twenty-four hours unless the court orders a detention hearing. If such hearing is not held within three days, excluding Saturdays, Sundays and legal holidays, the juvenile shall be released from detention unless the court for good cause orders the hearing continued. The detention hearing shall be held within the judicial circuit at a date, time and place convenient to the court. Notice of the date, time and place of a detention hearing, and of the right to counsel, shall be given to the juvenile and his or her custodian in person, by telephone, or by such other expeditious method as is available.
Notes of Decisions
Cited in
29
cases (
1 in the last 5 years), 1966–2022 · leading case:
State v. Wade, 531 S.W.2d 726 (Mo. 1976).
State v. Wade, 531 S.W.2d 726 (Mo. 1976).
· cites it 27× “In 1966, we construed § 211.061 to require the exclusion of an incriminating statement elicited from a fifteen-year-old child by the police while in their custody.”
In the Interest of: J.L.H. Juv. Officer v. J.L.H., 488 S.W.3d 689 (Mo. Ct. App. 2016).
· cites it 36× “49, 55 (1962), a federal constitutional-law decision, to find reversible error, but instead relied solely on the failure to strictly and literally comply with section 211.061, a provision that requires juveniles to be brought promptly before the juvenile court for a detention…”
State v. Pierce, 749 S.W.2d 397 (Mo. 1988).
· cites it 12× “In this case, both the spirit and the letter of Section 211.061 were carefully followed. Immediately after apprehending him, the police took Pierce directly to the juvenile facility.”
State v. Arbeiter, 408 S.W.2d 26 (Mo. 1966).
· cites it 6× “Furthermore, § 211.061 required a police officer taking him "into custody * * * for an offense" to take him "immediately and directly before the juvenile court" or to deliver him "to the juvenile officer or person acting for him.”
State v. Sinderson, 455 S.W.2d 486 (Mo. 1970).
· cites it 8× “We do not consider the question of spontaneous statements by a juvenile prior to being taken before the juvenile judge or juvenile officer; nor do we consider statements of a juvenile in response to questioning after § 211.061 has been complied with.’’ (Emphasis supplied.”
State Ex Rel. Arbeiter v. Reagan, 427 S.W.2d 371 (Mo. 1968).
· cites it 6× “" Section 211.061, RSMo 1959, V.A.M.S. (to which revision all statutory citations will refer).”
In Interest of ADR, 603 S.W.2d 575 (Mo. 1980).
· cites it 2× “The reversal was on the express ground that in obtaining the confession, the police had failed to comply with the juvenile code provision that the juvenile be taken "immediately and directly" to the juvenile authorities as required by section 211.061(1). The Wade opinion at no…”
State v. Stevens, 467 S.W.2d 10 (Mo. 1971).
· cites it 2× “2d 26 ) a written confession was obtained from a fifteen-year-old person before he was turned over or delivered to the juvenile authorities as required by § 211.061. In that case the court expressly stated that the facts of that case did not call for it to “consider statements…”
State v. Wright, 515 S.W.2d 421 (Mo. 1974).
· cites it 2× “Instead of turning defendant over to juvenile authorities as soon as he was taken into custody as directed by § 211.061, the police took him to police headquarters and questioned him extensively, obtaining the statement which was introduced in evidence.”
State v. Mouser, 714 S.W.2d 851 (Mo. Ct. App. 1986).
· cites it 2× “Appellant asserts that his spontaneous admission, “I did not mean to shoot that man,” should have been suppressed because it was obtained before Miranda warnings were given and because it was in violation of the Juvenile Code outlined in § 211.”
United States v. Ramsey, 367 F. Supp. 1307 (W.D. Mo. 1973).
· cites it 6× “In addition to the argument that these statements would not be admissible in a *1315 state proceeding against the defendant because the interrogating officers did not comply with § 211.061 RSMo., V.A.M.S., the state statute governing the procedures to be followed upon the arrest…”
Hamby v. State, 454 S.W.2d 894 (Mo. 1970).
· cites it 4× “Upon this appeal the only point relied on reads as follows: "The trial court erred as a matter of law in failing to sustain the motion to vacate in that the evidence conclusively shows that appellant was taken into custody on April 14, 1966, when he was subject to the provisions…”
— Mo. Rev. Stat. § 211.061(1) — 5 cases
State v. Wade, 531 S.W.2d 726 (Mo. 1976).
“In 1966, we construed § 211.061 to require the exclusion of an incriminating statement elicited from a fifteen-year-old child by the police while in their custody.”
State v. Pierce, 749 S.W.2d 397 (Mo. 1988).
“In this case, both the spirit and the letter of Section 211.061 were carefully followed. Immediately after apprehending him, the police took Pierce directly to the juvenile facility.”
State v. Sinderson, 455 S.W.2d 486 (Mo. 1970).
“We do not consider the question of spontaneous statements by a juvenile prior to being taken before the juvenile judge or juvenile officer; nor do we consider statements of a juvenile in response to questioning after § 211.061 has been complied with.’’ (Emphasis supplied.”
In Interest of ADR, 603 S.W.2d 575 (Mo. 1980).
“The reversal was on the express ground that in obtaining the confession, the police had failed to comply with the juvenile code provision that the juvenile be taken "immediately and directly" to the juvenile authorities as required by section 211.061(1). The Wade opinion at no…”
— Mo. Rev. Stat. § 211.061(2) — 1 case
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