Missouri Revised Statutes

Mo. Rev. Stat. § 211.261 (2026)

Appeals

✓ current as of May 2026

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211.261. Appeals. — 1. An appeal shall be allowed to the child from any final judgment, order or decree made under the provisions of this chapter and may be taken on the part of the child by its parent, guardian, legal custodian, spouse, relative or next friend. An appeal shall be allowed to a parent from any final judgment, order or decree made under the provisions of this chapter which adversely affects him. An appeal shall be allowed to the juvenile officer from any final judgment, order or decree made under this chapter, except that no such appeal shall be allowed concerning a final determination pursuant to subdivision (3) of subsection 1 of section 211.031. Notice of appeal shall be filed within thirty days after the final judgment, order or decree has been entered but neither the notice of appeal nor any motion filed subsequent to the final judgment acts as a supersedeas unless the court so orders.

2. Notwithstanding the provisions of subsection 1 of this section, an appeal shall be allowed to the:

(1) Juvenile officer from any order suppressing evidence, a confession or an admission, in proceedings under subdivision (3) of subsection 1 of section 211.031; or

(2) Parent, guardian ad litem, child's counsel, or juvenile officer from any order changing or modifying the placement of a child.

3. The appeal provided for in subsection 2 of this section shall be an interlocutory appeal, filed in the appropriate district of the Missouri court of appeals. Notice of such interlocutory appeal shall be filed within three days of the entry of the order of trial court; the time limits applicable to such appeal shall be the same as in interlocutory appeals allowed to the state in criminal cases.

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(L. 1957 p. 642 § 211.260, A.L. 1994 S.B. 657, A.L. 2021 S.B. 71, A.L. 2025 H.B. 737 & 486 merged with S.B. 43)

(1954) An appeal from a juvenile court judgment finding minor delinquent in that he committed burglary and larceny is not within the jurisdiction of the supreme court either as a case of felony or as a civil case where the state is a party. State v. Harold, 364 Mo. 1052, 271 S.W.2d 527.

(1958) A juvenile proceeding is not a criminal case but partakes of a "civil" character so that on appeal reviewing court is not required to examine record in light of motion for new trial as required by § 547.270, RSMo. In re C . . . . . . . (A.), 314 S.W.2d 756.

Notes of Decisions

Cited in 101 cases (11 in the last 5 years), 1958–2023 · leading case: In the Interest of J.I.S. v. Waldon, 791 S.W.2d 379 (Mo. 1990).

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In the Interest of J.I.S. v. Waldon, 791 S.W.2d 379 (Mo. 1990). · cites it 28× “Under the special statute, section 211.261, RSMo 1986, an appeal shall be allowed to the juvenile from any final judgment of the juvenile court and may be taken on the part of the juvenile by the custodian; and an appeal shall be allowed to a parent from a final judgment that…”

In the Interest of T. P. S., 595 S.W.2d 320 (Mo. Ct. App. 1980). · cites it 27× “Section 211.261,. RSMo 1978 provides that notice of appeal from a judgment under chapter 211 “shall be filed within thirty days after the final judgment, order or decree has been entered .”

In Re in Interest of T____ G____, 455 S.W.2d 3 (Mo. Ct. App. 1970). · cites it 15× “Section 211.261, RSMo 1959, V.A.M.S., is the section of the Juvenile Code which concerns itself with appeals from judgments of the juvenile court.”

Matter of Trapp, 593 S.W.2d 193 (Mo. 1980). · cites it 5× “§ 211.261, RSMo 1978; In re Baby Girl B___, 545 S.”

State of Missouri v. Jerri Smiley, 478 S.W.3d 411 (Mo. 2016). · cites it 5× “involved the juvenile officer’s right to appeal from a judgment in the juvenile division, which is governed by section 211.261, RSMo 2000. 229 S.W.3d at 603 .”

In Interest of DJB, 704 S.W.2d 217 (Mo. 1986). · cites it 12× “We ordered the case transferred to resolve the question whether the Rules of Civil Procedure or § 211.261, RSMo 1978, govern the time for taking an appeal from a juvenile court judgment, order or decree.”

Juv. Officer of St. Louis Cnty. v. M.W., 394 S.W.3d 457 (Mo. Ct. App. 2013). · cites it 4× “03 provides that “[t]o the extent not inconsistent with these rules, the court shall be governed” by Rules 41-101 in proceedings under subdivisions (1) and (2) of subsection 1 of section 211.”

In Interest of M.J. v. Greene Cnty. Juv. Off., 66 S.W.3d 745 (Mo. Ct. App. 2001). · cites it 4× “"Juvenile proceedings and appellate review of such, partake the nature of civil proceedings and the scope of review is as in court-tried cases." C.R.K. v. H.J.K., 672 S.”

In Interest of ND, 857 S.W.2d 835 (Mo. Ct. App. 1993). · cites it 5× “Section 211.261, RSMo1986, permits a parent to appeal "from any final judgment, order or decree made under the provisions of this chapter which adversely affects him.”

In the Interest of K.W. v. Missouri Div. of Fam. Servs., 694 S.W.2d 915 (Mo. Ct. App. 1985). · cites it 10× “*917 The Juvenile Code Statute, § 211.261 RSMo 1978, contains virtually the same language as the Juvenile Rule.”

Moreno v. Juv. Officer, 647 S.W.2d 852 (Mo. Ct. App. 1983). · cites it 4× “The Joneses have filed a motion to dismiss the Moreno appeal on jurisdictional grounds for its not being in compliance with § 211.261 RSMo 1978. This section identifies the individuals entitled to take appeals on behalf of the child under the juvenile code.”

In the Interest of R.r.s., S.c.s., J.b.s., R.h.s., & C.M.S. D.A.W. v. Dent Cnty. Juv. Off., 573 S.W.3d 717 (Mo. Ct. App. 2019). · cites it 3× “05(a) apply and supersede any part of section 211.261 6 “[T]he denomination requirement of Rule 74.”

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