211.037. Nonoffending parent, child returned to custody of, when.
Nonoffending parent, child returned to custody of, when.
211.037. 1. For purposes of proceedings and investigations conductedpursuant to this chapter, children shall be promptly returned to the careand custody of a nonoffending parent entitled to physical custody of thechild if:
(1) The parents have continuously maintained joint domicile for aperiod of at least six months prior to the alleged incident or the parentsare maintaining separate households; and
(2) A preponderance of the evidence indicates that only one of theparents is the subject of an investigation of abuse or neglect; and
(3) The nonoffending parent does not have a history of criminalbehavior, drug or alcohol abuse, child abuse or child neglect, domesticviolence, or stalking within the past five years; and
(4) The parents are maintaining joint domicile and the offendingparent is removed from the home voluntarily or involuntarily, or theparents live separately and the child is removed from the home of theoffending parent; and
(5) A nonoffending parent requests custody of the child and agrees tocooperate with any orders of the court limiting contact or establishingvisitation with the offending parent and the nonoffending parent complieswith such orders.When the parents maintain joint domicile or comply with court-orderedvisitation, there shall be a rebuttable presumption that the nonoffendingparent has not committed any violation of section 568.030, 568.032,568.045, 568.050, or 568.060, RSMo, or has not engaged in any conduct thatwould constitute child abuse or neglect under chapter 210, RSMo. In orderto rebut the presumption there must be a finding of actual harm orendangerment to the child if the child is placed in the custody of thenonoffending parent.
2. Nothing in this section shall prevent the division or the courtfrom exercising its discretion to return a child or children to the custodyof any individual.
(L. 2004 H.B. 1453 § 1, A.L. 2005 H.B. 568)