207.020. Powers of division of family services. - Missouri Statutes

Powers of division of family services.

207.020. 1. In addition to the powers, duties andfunctions vested in the division of family services by otherprovisions of this chapter or by other laws of this state, thedivision of family services shall have the power:

(1) To sue and be sued;

(2) To make contracts and carry out the duties imposed uponit by this or any other law;

(3) To administer, disburse, dispose of and account forfunds, commodities, equipment, supplies or services, and any kindof property given, granted, loaned, advanced to or appropriatedby the state of Missouri for any of the purposes herein;

(4) To administer oaths, issue subpoenas for witnesses,examine such witnesses under oath, and make and keep a record ofsame;

(5) To adopt, amend and repeal rules and regulationsnecessary or desirable to carry out the provisions of thischapter and which are not inconsistent with the constitution orlaws of this state;

(6) To cooperate with the United States government inmatters of mutual concern pertaining to any duties wherein thedivision of family services is acting as a state agency,including the adoption of such methods of administration as arefound by the United States government to be necessary for theefficient operation of state plans hereunder;

(7) To make such reports in such form and containing suchinformation as the United States government may, from time totime, require, and comply with such provisions as the UnitedStates government may, from time to time, find necessary toassure the correctness and verification of such reports;

(8) To establish, extend and strengthen child welfareservices for the protection and care of homeless, dependent andneglected children and children in danger of becoming delinquent;

(9) To expend child welfare service funds for payment ofpart of the cost of district, county or other local child welfareservices;

(10) To administer state child welfare activities anddevelop state services for the encouragement and assistance ofadequate methods of community child welfare organizations;

(11) To appoint, when and if it may deem necessary,advisory committees to provide professional or technicalconsultation in respect to welfare problems and welfareadministration. The members of such advisory committees shallreceive no compensation for their services other than expensesactually incurred in the performance of their official duties.The number of members of each such advisory committee shall bedetermined by the division of family services, and such advisorycommittees shall consult with and advise the division of familyservices in respect to problems and policies incident to theadministration of the particular function germane to therespective field of competence;

(12) To initiate or cooperate with other agencies indeveloping measures for the prevention of dependency and therehabilitation of needy persons;

(13) To collect statistics, make special fact-findingstudies and publish reports in reference to public welfare;

(14) To establish or cooperate in research or demonstrationprojects relative to the welfare program, such as those relatingto the prevention and reduction of dependency and economicdistress, or which will aid in effecting coordination of planningbetween private and public welfare agencies, or which will helpimprove the administration and effectiveness of programs carriedon or assisted under the federal Social Security Act and theprograms related thereto;

(15) To provide appropriate public welfare services topromote, safeguard and protect the social well-being and generalwelfare of children and to help maintain and strengthen familylife, and to provide such public welfare services to aid needypersons who can be so helped to become self-supporting or capableof self-care;

(16) Upon request, to cooperate with the juvenile court andfurnish social studies and reports to the court with respect tochildren as to whom adoption or neglect petitions have beenfiled;

(17) To accept for social services and care, homeless,dependent or neglected children in all counties where legalcustody is vested in the division of family services by thejuvenile court where the juvenile court has acquired jurisdictionpursuant to subdivision (1) or (2) of subsection 1 of section211.031, RSMo; provided that prior to legal custody being vestedin the division of family services, the division of familyservices shall conduct an evaluation of the child, examine thechild and investigate all pertinent circumstances of hisbackground for the purpose of determining appropriate servicesand a treatment plan for the child. This evaluation shallinvolve local division staff and consultation with the juvenileofficer or his designee, appropriate state agencies, includingbut not limited to the department of mental health and thedepartment of elementary and secondary education, or privatepractitioners who are knowledgeable of the child or programs orservices appropriate to the needs of the child and shall becompleted within thirty days. Temporary custody may be placedwith the division of family services while the evaluation isbeing conducted. A report of such proceedings and findings shallbe submitted in writing to the appropriate court:

(a) The division may, at any time, if it finds the childplaced in its custody is in need of care or treatment other thanthat which it can provide, apply to the court which placed suchchild for an order relieving it of custody of such child. Thecourt must make a determination within ten days and the courtshall be vested with full power to make such disposition of thechild as is authorized by law, including continued custody;

(b) However, no payments for care shall be made:

a. To facilities with which the division of family serviceshas no contract to provide such care, or to facilities in thestate of Missouri which are not licensed by the state of Missouriunless exempt from such licensure;

b. To any facility outside the state of Missouri unless thedivision of family services determines that there is no facilityin the state of Missouri which can provide substantiallyequivalent care, except that this limitation shall not apply toany facility outside the state of Missouri if that facility isthe closest available facility to the child's home or thedivision of family services determines that such placement is inthe child's best interest; nor

c. To any facility outside the state of Missouri which isnot licensed or exempted from licensure by the state in which itis located, or which cannot document that it meets requirementswhich would be necessary for licensure in the state of Missouri.The term "care" shall include room, board, clothing, medicalcare, dental care, social services and incidentals;

(18) To accept gifts and grants of any property, real orpersonal, and to sell said property and expend such gifts orgrants not inconsistent with the administration of this chapterand within the limitations imposed by the donor thereof;

(19) To make periodic surveys of cost-of-living factors inrelation to the needs of recipients of public assistance, andestablish standards or budgetary guides for determining minimumcosts of meeting such requirements, and amend such standards fromtime to time as circumstances may require.

2. All powers and duties of the division of family servicesshall, so far as applicable, apply to the administration of anyother law or state law wherein duties are imposed upon thedivision of family services acting as a state agency.

(L. 1945 p. 945 § 33, A.L. 1961 p. 531, A.L. 1965 p. 351, A.L. 1977 H.B. 578, A.L. 1981 S.B. 200, A.L. 1982 S.B. 497, A.L. 1986 H.B. 1502, A.L. 1993 S.B. 52)

(1998) Statute does not provide authority for the division of youth services to take third-party custody of a child in a dissolution action. R.J.A. v. G.M.A., 969 S.W.2d 241 (S.D.Mo.).