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In the Interests of M.A.

781 S.W.2d 94 (1989)

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In the Interests of M.A.

Missouri Court of Appeals
781 S.W.2d 94 (1989)

DC

Facts

M.A. was born on January 23, 1975. In November 1987, M.A. was expelled from a weekly Wednesday night religion class due to his misbehavior. As punishment for his expulsion, M.A.’s father (defendant) ordered him to get into a dog cage that was used for the family’s German shepard. The cage was three feet by four feet, and the father pushed it between a metal beam and shelves in the basement so that M.A. could not escape confinement. During his confinement, M.A. was not allowed to leave to use the restroom. The parties dispute the length of M.A.’s confinement in the cage but, at a minimum, M.A. was confined weekly for two hours when he otherwise would have been at the religion class, and on at least one Saturday. M.A. eventually told school personnel about the cage and, as a result, the police opened an investigation. M.A. was removed from his parents’ home and taken into protective custody in January 1988. Following a hearing on May 8, 1988, a commissioner found that M.A. could be returned home under the supervision of a juvenile officer. Additionally, the commissioner found that M.A. did not receive proper care under state law because of the confinement. The circuit court adopted the commissioner’s findings, and M.A.’s parents appealed.

Rule of Law

Issue

Holding and Reasoning (Gaertner, J.)

Dissent (Crist, J.)

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Casebooks

Children and Juveniles

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