211.081. Preliminary inquiry as to institution of proceedings — approval of division necessary for placement outside state — institutional placements, findings required, duties of division, limitations on judge, financial limitations. — 1. Whenever any person informs the juvenile officer in writing that a child appears to be within the purview of applicable provisions of section 211.031, the juvenile officer shall make or cause to be made a preliminary inquiry to determine the facts and to determine whether or not the interests of the public or of the child require that further action be taken. On the basis of this inquiry, the juvenile officer may make such informal adjustment as is practicable without a petition or file a petition. Any other provision of this chapter to the contrary notwithstanding, the juvenile court shall not make any order for disposition of a child which would place or commit the child to any location outside the state of Missouri without first receiving the approval of the children's division.
2. Placement in any institutional setting shall represent the least restrictive appropriate placement for the child and shall be recommended based upon a psychological or psychiatric evaluation or both. Prior to entering any order for disposition of a child which would order residential treatment or other services inside the state of Missouri, the juvenile court shall enter findings which include the recommendation of the psychological or psychiatric evaluation or both; and certification from the division director or designee as to whether a provider or funds or both are available, including a projection of their future availability. If the children's division indicates that funding is not available, the division shall recommend and make available for placement by the court an alternative placement for the child. The division shall have the burden of demonstrating that they have exercised due diligence in utilizing all available services to carry out the recommendation of the evaluation team and serve the best interest of the child. The judge shall not order placement or an alternative placement with a specific provider but may reasonably designate the scope and type of the services which shall be provided by the department to the child.
3. Obligations of the state incurred under the provisions of section 211.181 shall not exceed, in any fiscal year, the amount appropriated for this purpose.
Notes of Decisions
Cited in
29
cases, 1959–2020 · leading case:
In Interest of Ray, 602 S.W.2d 955 (Mo. Ct. App. 1980).
In Interest of Ray, 602 S.W.2d 955 (Mo. Ct. App. 1980).
· cites it 5× “” The father, by unwarranted extrapolation, insists that the language “hold a hearing under the same procedure as a hearing under chapter 211, RSMo,” required a “preliminary” inquiry by the juvenile court by reason of Section 211.081, RSMo 1978, before the maternal grandparents’…”
Juv. Officer v. Hardin, 871 S.W.2d 651 (Mo. Ct. App. 1994).
· cites it 3× “After an evidentiary hearing, the juvenile court by order dated January 30, 1989, exercised jurisdiction of the children and placed them in the custody of the Division of Family Services pursuant to section 211.081, RSMo 1986. On June 8, 1992, the juvenile officer filed separate…”
In the Interest of Dimmitt, 560 S.W.2d 368 (Mo. Ct. App. 1977).
· cites it 3× “” Section 211.081, RSMo 1969. Danny left Macon County with the children before a copy of the order could be served upon him.”
In the Interest of M.T. v. Juv. Officer, 431 S.W.3d 539 (Mo. Ct. App. 2014).
· cites it 3× “(“Son”) come within the provisions of Section 211.081, RSMo., requiring the juveniles be placed in protective custody of the Missouri Department of Social Services, Children’s Division (“Children’s Division”) because they were without proper care, custody or support.”
Miller v. Russell, 593 S.W.2d 598 (Mo. Ct. App. 1979).
· cites it 2× “241 to require and enforce contribution by a parent to the support of a child under the jurisdiction of the court pursuant to Section 211.081 includes by implication the concurrent authority to adjudicate paternity.”
In Interest of TG, 965 S.W.2d 326 (Mo. Ct. App. 1998).
· cites it 2× “On August 2, 1994, the Family Court entered an order finding jurisdiction pursuant to § 211.081, RSMo 1994. [1] In that order, the Family Court adopted the allegations of the amended petitions by stipulation of Father.”
State Ex Rel. Dubinsky v. Weinstein, 413 S.W.2d 178 (Mo. 1967).
· cites it 2× “Upon the filing of a complaint with the juvenile court, it is provided by § 211.081 that the juvenile court shall make or cause to be made a preliminary inquiry to determine the facts and whether the interests of the public or the child require action under § 211.”
State Ex Rel. A. M. T. v. Weinstein, 411 S.W.2d 267 (Mo. Ct. App. 1967).
· cites it 2× “The petition was duly authorized as required by Section 211.081 and sets forth the requirements of 211.”
In Re Interest of J. D. G., 498 S.W.2d 786 (Mo. 1973).
· cites it 2× “Pursuant to § 211.081 and in accordance with § 211.091, a petition was filed in juvenile court alleging that the appellant was within the provisions of § 211.”
In the Interest of S.M.H., 170 S.W.3d 524 (Mo. Ct. App. 2005).
· cites it 3× “On April 27, 2002, the Division filed a petition under Section 211.081, RSMo. 2000, alleging that [Child] was without the proper care, custody, and support because Mother had a mental illness, was suicidal, and had threatened to kill [Child].”
State v. Taylor, 323 S.W.2d 534 (Mo. Ct. App. 1959).
· cites it 2× “647 (Section 211.081, V.A.M.S.), is as follows: "Whenever any person informs the court in person and in writing that a child appears to be within the purview of applicable provisions of section 211.”
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