211.081. Preliminary inquiry as to institution of proceedings--approval of division necessary for placement outside state--institutional placements, findings required, duties of division, limitations

MISSOURI STATUTES AND CODES

211.081. Preliminary inquiry as to institution of proceedings--approval of division necessary for placement outside state--institutional placements, findings required, duties of division, limitations

Preliminary inquiry as to institution of proceedings--approval ofdivision necessary for placement outside state--institutionalplacements, findings required, duties of division, limitations onjudge, financial limitations.

211.081. 1. Whenever any person informs the court in personand in writing that a child appears to be within the purview ofapplicable provisions of section 211.031 or that a personseventeen years of age appears to be within the purview of theprovisions of subdivision (1) of subsection 1 of section 211.031,the court shall make or cause to be made a preliminary inquiry todetermine the facts and to determine whether or not the interestsof the public or of the child or person seventeen years of agerequire that further action be taken. On the basis of thisinquiry, the juvenile court may make such informal adjustment asis practicable without a petition or may authorize the filing ofa petition by the juvenile officer. Any other provision of thischapter to the contrary notwithstanding, the juvenile court shallnot make any order for disposition of a child or person seventeenyears of age which would place or commit the child or personseventeen years of age to any location outside the state ofMissouri without first receiving the approval of the division offamily services.

2. Placement in any institutional setting shall representthe least restrictive appropriate placement for the child orperson seventeen years of age and shall be recommended based upona psychological or psychiatric evaluation or both. Prior toentering any order for disposition of a child or person seventeenyears of age which would order residential treatment or otherservices inside the state of Missouri, the juvenile court shallenter findings which include the recommendation of thepsychological or psychiatric evaluation or both; andcertification from the division director or designee as towhether a provider or funds or both are available, including aprojection of their future availability. If the division offamily services indicates that funding is not available, thedivision shall recommend and make available for placement by thecourt an alternative placement for the child or person seventeenyears of age. The division shall have the burden ofdemonstrating that they have exercised due diligence in utilizingall available services to carry out the recommendation of theevaluation team and serve the best interest of the child orperson seventeen years of age. The judge shall not orderplacement or an alternative placement with a specific providerbut may reasonably designate the scope and type of the serviceswhich shall be provided by the department to the child or personseventeen years of age.

3. Obligations of the state incurred under the provisions ofsection 211.181 shall not exceed, in any fiscal year, the amountappropriated for this purpose.