211.101. Issuance of summons — notice — temporary custody of child — subpoenas. — 1. After a petition has been filed, unless the parties appear voluntarily, the juvenile court shall issue a summons in the name of the state of Missouri requiring the person who has custody of the child to appear personally and, unless the court orders otherwise, to bring the child before the court, at the time and place stated.
2. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian or both shall also be notified of the pendency of the case and of the time and place appointed.
3. If it appears that the child is in such condition or surroundings that his or her welfare requires that his or her custody be immediately assumed by the court, the judge may order, by endorsement upon the summons, the officer serving it to take the child into custody at once.
4. Subpoena may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1966–2022 · leading case:
In the Interest of D.L.D., 701 S.W.2d 152 (Mo. Ct. App. 1985).
In the Interest of D.L.D., 701 S.W.2d 152 (Mo. Ct. App. 1985).
· cites it 8× “*159 In another delinquency case, the Missouri Supreme Court stated that § 211.101, RSMo 1969, “makes it mandatory that the parent or guardian be notified.”
Waint v. M.B., 963 S.W.2d 252 (Mo. Ct. App. 1997).
· cites it 2× “This provision for a court order is mirrored by Section 211.101, which authorizes the juvenile court to take temporary custody of a child prior to a hearing on the Petition as follows: If it appears that the child or person seventeen years of age is in such condition or…”
Hawley v. Nelson, 968 F. Supp. 1372 (E.D. Mo. 1997).
· cites it 2× “Plaintiffs allege that, after petitions were filed in both Caleb's case and Joshua's case in the juvenile division of the circuit court, that court failed to issue any summons to the plaintiffs for a hearing as required by Mo. Rev.Stat. § 211.101. [13] Plaintiffs seek relief…”
In the Interest of J. L. P., 600 S.W.2d 47 (Mo. Ct. App. 1980).
· cites it 2× “Chapter 211 of the Missouri Revised Statutes requires a person who has custody of the juvenile appear with the youth at the adjudication. In fact, failure to notify a parent or guardian to be present may result in a loss of jurisdiction of the juvenile court to proceed with the…”
In re Monnig, 638 S.W.2d 782 (Mo. Ct. App. 1982).
“In the one case, the jurisdiction of the court is engaged by a petition in the interest of the child served upon the parent as a necessary party in interest [§ 211.101 and Rule 115.01] and the proof of the petition is by clear and convincing evidence [Rule 117.”
In the Interest of W. W. M. ex rel. E.H., 479 S.W.2d 446 (Mo. 1972).
· cites it 4× “One of the findings of the court stated in the commitment order is “ * * * that the only * * * natural guardian [of the petitioner] is * * * [his] paternal grandmother * * *_ Petitioner contends that the order was and is void not only because his parents were not notified of the…”
In the Interest of C.L.P. v. Pate, 673 S.W.2d 18 (Mo. 1984).
“131(2) RSMo 1978, and § 211.101(1) & (2) RSMo 1978, parents are afforded notice of these neglect proceedings, and we have upheld the constitutionality of these proceedings against a similar facial attack.”
Div. of Fam. Servs. v. D.M., 848 S.W.2d 583 (Mo. Ct. App. 1993).
· cites it 2× “§ 211.101, RSMo Supp.1992. Such notice permits the legal custodian to defend the allegations which potentially jeopardize her custody of the minor child within established procedures in the proper forum.”
In the Interest of K. W. B., 500 S.W.2d 275 (Mo. Ct. App. 1973).
· cites it 2× “After the assumption of judicial custody, and pending court appearance, a child is to be returned to the parent if at all possible.”
In re B.M.B., 955 P.2d 1302 (Kan. 1998).
“And since a juvenile who confesses at the accusatory stage has, in most instances, already had his trial, to deprive him at that stage of parental assistance would render meaningless the presence of the parent at the trial considered necessary for his protection by § 211.101,…”
Mo. Rev. Stat. § 211.101(1): 1 case
In the Interest of C.L.P. v. Pate, 673 S.W.2d 18 (Mo. 1984).
“131(2) RSMo 1978, and § 211.101(1) & (2) RSMo 1978, parents are afforded notice of these neglect proceedings, and we have upheld the constitutionality of these proceedings against a similar facial attack.”
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