Miller v. Russell

CLARK, Judge.

In this action, relator Miller seeks to prohibit respondent judge from adjudicating the paternity of an abused child in the custody of the Missouri Division of Family Services under a temporary order for foster home placement. At issue is the authority and jurisdiction of the juvenile division of the circuit court under Section 211.241, 1 RSMo 1978 2 to determine paternity incident to assessment of financial responsibility for support of a child.

This case originated when the child, born January 24,1978, was brought to the attention of the court on the petition of the juvenile…