211.091. Petition in juvenile court — contents — dismissal, juvenile officer to assess impact on best interest of child. — 1. The petition shall be entitled "In the interest of _______, a child under eighteen years of age".
2. The petition shall set forth plainly:
(1) The facts which bring the child within the jurisdiction of the court;
(2) The full name, birth date, and residence of the child;
(3) The names and residence of his or her parents, if living;
(4) The name and residence of his or her legal guardian if there be one, of the person having custody of the child or of the nearest known relative if no parent or guardian can be found; and
(5) Any other pertinent data or information.
3. If any facts required in subsection 2 of this section are not known by the petitioner, the petition shall so state.
4. Prior to the voluntary dismissal of a petition filed under this section, the juvenile officer shall assess the impact of such dismissal on the best interests of the child, and shall take all actions practicable to minimize any negative impact.
Notes of Decisions
Cited in
34
cases (
1 in the last 5 years), 1958–2021 · leading case:
Matter of Trapp, 593 S.W.2d 193 (Mo. 1980).
Matter of Trapp, 593 S.W.2d 193 (Mo. 1980).
· cites it 22× “The appellant alleges first that the neglect petition was insufficient to vest the juvenile court with jurisdiction to enter custody orders because the neglect petition was couched in the conclusory language of § 211.”
In the Interest of A.A.R. v. B.R., 71 S.W.3d 626 (Mo. Ct. App. 2002).
· cites it 7× “The Supreme Court then considered whether allegations “couched in the language of the statute defining the juvenile court’s jurisdiction” were sufficient to vest the court with jurisdiction.”
M.L.A. v. C.J.A.A., 674 S.W.2d 266 (Mo. Ct. App. 1984).
· cites it 9× “Appellant contends the circuit court lacked jurisdiction to make any order affecting custody because the petition did not allege facts sufficient to confer jurisdiction per § 211.091, RSMo Supp.1980 and Rule 114.-01.”
In re the Interest of L.J.M.S., 844 S.W.2d 86 (Mo. Ct. App. 1992).
· cites it 5× “Section 211.091, RSMo.Cum.Supp.1990, provides: Petition in juvenile court-contents.”
In the Interest of D.L.D., 701 S.W.2d 152 (Mo. Ct. App. 1985).
· cites it 3× “Specifically, the court found that the face of the original custody petition did not comply with the requirements of § 211.091 or of Rule 114.01. Section 211.”
Interest of M.R.H. v. McElroth, 622 S.W.2d 15 (Mo. Ct. App. 1981).
· cites it 5× “That the child was examined on September 22, 1980, by the Diagnostic and Treatment Unit and was diagnosed as suffering from developmental deviation; 1 Section 211.091, RSMo 1978, provides: 1. The petition shall be entitled “In the interest of-, a child under seventeen years of…”
Richardson v. State, 555 S.W.2d 83 (Mo. Ct. App. 1977).
· cites it 3× “Section 211.091 RSMo 1969. Jurisdiction is specifically conferred where the petition alleges that a child, under 17 years of age, has violated state law.”
Matter of Williams, 672 S.W.2d 394 (Mo. Ct. App. 1984).
· cites it 2× “In *399 terminating the natural parent's rights in accordance with § 211.091 and § 211.452, RSMo 1978 the court transferred custody to D.”
Durant v. State, 523 S.W.2d 837 (Mo. Ct. App. 1975).
· cites it 7× “On November 21, 1967, the Juvenile Officer of Jackson County, Missouri, filed a petition in juvenile court pursuant to Section 211.091, RSMo 1959, V.A.M.S., alleging that Winford Ray Durant, age 14, was in need of care and treatment by the juvenile court in that on November 15,…”
In re Monnig, 638 S.W.2d 782 (Mo. Ct. App. 1982).
· cites it 2× “The proceeding was brought by a petition in the juvenile court in the terms of § 211.091, RSMo 1978 and Rule 128.10. The petition was brought by the juvenile officer in the interest of Stanley, Susanne and Tammy, children of the Monnigs and invoked the jurisdiction of the court…”
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