210.122. Voluntary placement agreements, children in state custody solely in need of mental health treatment--rulemaking authority.

MISSOURI STATUTES AND CODES

210.122. Voluntary placement agreements, children in state custody solely in need of mental health treatment--rulemaking authority.

Voluntary placement agreements, children in state custody solelyin need of mental health treatment--rulemaking authority.

210.122. 1. As used in this section, "voluntary placement agreement"means a written agreement between the department of social services and aparent, legal guardian, or custodian of a child seventeen years of age oryounger solely in need of mental health treatment. A voluntary placementagreement developed under a department of mental health assessment andcertification of appropriateness authorizes the department of socialservices to administer the placement and care of a child while the parent,legal guardian, or custodian of the child retains legal custody.

2. The department of social services may enter into a cooperativeinteragency agreement with the department of mental health authorizing thedepartment of mental health to administer the placement and care of a childunder a voluntary placement agreement. The department of mental health isdefined as a child-placing agency under section 210.481 solely for childrenplaced under a voluntary placement agreement.

3. Any function delegated from the department of social services tothe department of mental health regarding the placement and care ofchildren shall be administered and supervised by the department of socialservices to ensure compliance with federal and state law.

4. The departments of social services and mental health maypromulgate rules under this section. Any rule or portion of a rule, asthat term is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2004, shall be invalid and void.