210.491. Investigation of certain facilities by the division, when--injunctive relief, when. - Missouri Statutes

Investigation of certain facilities by the division, when--injunctiverelief, when.

210.491. 1. The director of the division, or the director'sauthorized representative, shall have the right to enter the premises ofan applicant for or holder of a license at reasonable hours to determinecompliance with the applicable provisions of sections 210.481 to 210.536and rules promulgated pursuant thereto, and for investigative purposesinvolving complaints regarding the operation of a foster home, residentialcare facility, or child placing agency.

2. Whenever the division is advised or has reason to believe that anyperson is operating a foster home, residential care facility, or childplacing agency subject to licensure under sections 210.481 to 210.536without a license or provisional license, the division shall make aninvestigation to ascertain the facts. If the division finds that thefoster home, residential care facility, or child placing agency is beingoperated without a license or provisional license, it may seek injunctiverelief against the foster home, residential care facility, or child placingagency. If a foster home, residential care facility or child placingagency violates the provisions of sections 210.481 to 210.536, theprosecuting attorney of the county where the foster home, residential carefacility or child placing agency is located, or the division, may seekinjunctive relief. Such injunctive relief may include:

(1) Removing the children from the foster home, residential carefacility, or child placing agency;

(2) Overseeing the operation of the foster home, residential carefacility, or child placing agency; or

(3) Closing the foster home, residential care facility, or childplacing agency.

3. The order provided for in subsection 2 of this section shallremain in force until such a time as the court determines that the fosterhome, residential care facility, or child placing agency is in substantialcompliance.

(L. 1982 H.B. 1171, et al., A.L. 1997 H.B. 343)

CROSS REFERENCE:

Application of law to adoption petitions filed on or after August 28, 1997, RSMo 453.012