211.034. Extension of juvenile court jurisdiction permitted, when--procedure--immunity from liability for certain persons, when--expiration date.
Extension of juvenile court jurisdiction permitted,when--procedure--immunity from liability for certain persons,when--expiration date.
211.034. 1. Any parent, legal guardian, or other person having legalcustody of a minor child may, at any time after the minor child attainsfifteen years of age and before the minor child attains eighteen years ofage, petition the circuit court for the county where the minor child andparent, legal guardian, or other person having legal custody of the minorchild reside to extend the jurisdiction of the juvenile court until theminor child reaches the age of eighteen years.
2. The petition shall be accompanied by verified proof of service onthe minor child and certified copies of documents demonstrating that thepetitioner is the parent, legal guardian, or other legal custodian of theminor child. If the petitioner is not the natural parent of the minorchild, the petition shall be accompanied by:
(1) An affidavit from at least one of the child's natural parentsconsenting to the granting of the petition; or
(2) An affidavit from the petitioner stating that the naturalparents:
(a) Are deceased;
(b) Have been declared legally incompetent;
(c) Have had their parental rights as to the minor child terminatedby a court of competent jurisdiction;
(d) Have voluntarily surrendered their parental rights as to theminor child;
(e) Have abandoned the minor child;
(f) Are unknown; or
(g) Are otherwise unavailable, in which case, the affidavit shallstate the reasons why the natural parents are unavailable.
In all cases where any parent, legal guardian, or other person having legalcustody of a minor child petitions the court to extend the jurisdiction ofthe juvenile court until the minor child's eighteenth birthday, the courtshall appoint an attorney to represent the minor child. An individualfiling the petition shall pay the attorney fees of the minor child.
3. Upon the filing of a petition under this section and adetermination by the court in favor of the petitioner, the circuit courtshall issue an order declaring that the minor child shall remain under thejurisdiction of the juvenile court for all purposes under state law untilthe minor child reaches eighteen years of age; except that, for purposes ofcriminal law and procedure, including arrest, prosecution, trial, andpunishment, if the minor is certified as an adult, the minor shall remain acertified adult despite the issuance of a court order under this section.Such minor child shall be subject to the compulsory school attendancerequirements of section 167.031, RSMo, until the minor child receives ahigh school diploma or its equivalent, or reaches eighteen years of age.The court order shall be filed with the circuit clerk for the county wherethe petitioner resides.
4. Nothing in this section shall be construed as creating any civilor criminal liability for any law enforcement officer, juvenile officer,school personnel, or court personnel for any action taken or failure totake any action involving a minor child who remains under the jurisdictionof the juvenile court under this section if such action or failure to takeaction is based on a good faith belief by such officer or personnel thatthe minor child is not under the jurisdiction of the juvenile court.
5. The provisions of this section shall expire when the amendments tosubsection 1 of section 211.021 take effect in accordance with subsection 2of section 211.021.
(L. 2006 H.B. 1182, A.L. 2008 H.B. 1550)*Contingent expiration date.