211.181. Order for disposition or treatment of child--suspension of order and probation granted, when--community organizations, immunity from liability, when--length of commitment may be set forth--as - Missouri Statutes

Order for disposition or treatment of child--suspension of order andprobation granted, when--community organizations, immunity fromliability, when--length of commitment may be set forth--assessments,deposits, use.

211.181. 1. When a child or person seventeen years of age is foundby the court to come within the applicable provisions of subdivision (1) ofsubsection 1 of section 211.031, the court shall so decree and make afinding of fact upon which it exercises its jurisdiction over the child orperson seventeen years of age, and the court may, by order duly entered,proceed as follows:

(1) Place the child or person seventeen years of age undersupervision in his own home or in the custody of a relative or othersuitable person after the court or a public agency or institutiondesignated by the court conducts an investigation of the home, relative orperson and finds such home, relative or person to be suitable and upon suchconditions as the court may require;

(2) Commit the child or person seventeen years of age to the custodyof:

(a) A public agency or institution authorized by law to care forchildren or to place them in family homes; except that, such child orperson seventeen years of age may not be committed to the department ofsocial services, division of youth services;

(b) Any other institution or agency which is authorized or licensedby law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive thechild or person seventeen years of age in another state if the approval ofthe agency in that state which administers the laws relating to importationof children into the state has been secured; or

(d) The juvenile officer;

(3) Place the child or person seventeen years of age in a familyhome;

(4) Cause the child or person seventeen years of age to be examinedand treated by a physician, psychiatrist or psychologist and when thehealth or condition of the child or person seventeen years of age requiresit, cause the child or person seventeen years of age to be placed in apublic or private hospital, clinic or institution for treatment and care;except that, nothing contained herein authorizes any form of compulsorymedical, surgical, or psychiatric treatment of a child or person seventeenyears of age whose parents or guardian in good faith are providing otherremedial treatment recognized or permitted under the laws of this state;

(5) The court may order, pursuant to subsection 2 of section 211.081,that the child receive the necessary services in the least restrictiveappropriate environment including home and community-based services,treatment and support, based on a coordinated, individualized treatmentplan. The individualized treatment plan shall be approved by the court anddeveloped by the applicable state agencies responsible for providing orpaying for any and all appropriate and necessary services, subject toappropriation, and shall include which agencies are going to pay for andprovide such services. Such plan must be submitted to the court withinthirty days and the child's family shall actively participate in designingthe service plan for the child or person seventeen years of age;

(6) The department of social services, in conjunction with thedepartment of mental health, shall apply to the United States Department ofHealth and Human Services for such federal waivers as required to provideservices for such children, including the acquisition of community-basedservices waivers.

2. When a child is found by the court to come within the provisionsof subdivision (2) of subsection 1 of section 211.031, the court shall sodecree and upon making a finding of fact upon which it exercises itsjurisdiction over the child, the court may, by order duly entered, proceedas follows:

(1) Place the child under supervision in his own home or in custodyof a relative or other suitable person after the court or a public agencyor institution designated by the court conducts an investigation of thehome, relative or person and finds such home, relative or person to besuitable and upon such conditions as the court may require;

(2) Commit the child to the custody of:

(a) A public agency or institution authorized by law to care forchildren or place them in family homes; except that, a child may becommitted to the department of social services, division of youth services,only if he is presently under the court's supervision after an adjudicationunder the provisions of subdivision (2) or (3) of subsection 1 of section211.031;

(b) Any other institution or agency which is authorized or licensedby law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive it inanother state if the approval of the agency in that state which administersthe laws relating to importation of children into the state has beensecured; or

(d) The juvenile officer;

(3) Place the child in a family home;

(4) Cause the child to be examined and treated by a physician,psychiatrist or psychologist and when the health or condition of the childrequires it, cause the child to be placed in a public or private hospital,clinic or institution for treatment and care; except that, nothingcontained herein authorizes any form of compulsory medical, surgical, orpsychiatric treatment of a child whose parents or guardian in good faithare providing other remedial treatment recognized or permitted under thelaws of this state;

(5) Assess an amount of up to ten dollars to be paid by the child tothe clerk of the court.

Execution of any order entered by the court pursuant to this subsection,including a commitment to any state agency, may be suspended and the childplaced on probation subject to such conditions as the court deemsreasonable. After a hearing, probation may be revoked and the suspendedorder executed.

3. When a child is found by the court to come within the provisionsof subdivision (3) of subsection 1 of section 211.031, the court shall sodecree and make a finding of fact upon which it exercises its jurisdictionover the child, and the court may, by order duly entered, proceed asfollows:

(1) Place the child under supervision in his or her own home or incustody of a relative or other suitable person after the court or a publicagency or institution designated by the court conducts an investigation ofthe home, relative or person and finds such home, relative or person to besuitable and upon such conditions as the court may require; provided that,no child who has been adjudicated a delinquent by a juvenile court forcommitting or attempting to commit a sex-related offense which if committedby an adult would be considered a felony offense pursuant to chapter 566,RSMo, including but not limited to rape, forcible sodomy, childmolestation, and sexual abuse, and in which the victim was a child, shallbe placed in any residence within one thousand feet of the residence of theabused child of that offense until the abused child reaches the age ofeighteen, and provided further that the provisions of this subdivisionregarding placement within one thousand feet of the abused child shall notapply when the abusing child and the abused child are siblings or childrenliving in the same home;

(2) Commit the child to the custody of:

(a) A public agency or institution authorized by law to care forchildren or to place them in family homes;

(b) Any other institution or agency which is authorized or licensedby law to care for children or to place them in family homes;

(c) An association, school or institution willing to receive it inanother state if the approval of the agency in that state which administersthe laws relating to importation of children into the state has beensecured; or

(d) The juvenile officer;

(3) Beginning January 1, 1996, the court may make further directionsas to placement with the division of youth services concerning the child'slength of stay. The length of stay order may set forth a minimum reviewdate;

(4) Place the child in a family home;

(5) Cause the child to be examined and treated by a physician,psychiatrist or psychologist and when the health or condition of the childrequires it, cause the child to be placed in a public or private hospital,clinic or institution for treatment and care; except that, nothingcontained herein authorizes any form of compulsory medical, surgical, orpsychiatric treatment of a child whose parents or guardian in good faithare providing other remedial treatment recognized or permitted under thelaws of this state;

(6) Suspend or revoke a state or local license or authority of achild to operate a motor vehicle;

(7) Order the child to make restitution or reparation for the damageor loss caused by his offense. In determining the amount or extent of thedamage, the court may order the juvenile officer to prepare a report andmay receive other evidence necessary for such determination. The child andhis attorney shall have access to any reports which may be prepared, andshall have the right to present evidence at any hearing held to ascertainthe amount of damages. Any restitution or reparation ordered shall bereasonable in view of the child's ability to make payment or to perform thereparation. The court may require the clerk of the circuit court to act asreceiving and disbursing agent for any payment ordered;

(8) Order the child to a term of community service under thesupervision of the court or of an organization selected by the court.Every person, organization, and agency, and each employee thereof, chargedwith the supervision of a child under this subdivision, or who benefitsfrom any services performed as a result of an order issued under thissubdivision, shall be immune from any suit by the child ordered to performservices under this subdivision, or any person deriving a cause of actionfrom such child, if such cause of action arises from the supervision of thechild's performance of services under this subdivision and if such cause ofaction does not arise from an intentional tort. A child ordered to performservices under this subdivision shall not be deemed an employee within themeaning of the provisions of chapter 287, RSMo, nor shall the services ofsuch child be deemed employment within the meaning of the provisions ofchapter 288, RSMo. Execution of any order entered by the court, includinga commitment to any state agency, may be suspended and the child placed onprobation subject to such conditions as the court deems reasonable. Aftera hearing, probation may be revoked and the suspended order executed;

(9) When a child has been adjudicated to have violated a municipalordinance or to have committed an act that would be a misdemeanor ifcommitted by an adult, assess an amount of up to twenty-five dollars to bepaid by the child to the clerk of the court; when a child has beenadjudicated to have committed an act that would be a felony if committed byan adult, assess an amount of up to fifty dollars to be paid by the childto the clerk of the court.

4. Beginning January 1, 1996, the court may set forth in the order ofcommitment the minimum period during which the child shall remain in thecustody of the division of youth services. No court order shall require achild to remain in the custody of the division of youth services for aperiod which exceeds the child's eighteenth birth date except upon petitionfiled by the division of youth services pursuant to subsection 1 of section219.021, RSMo. In any order of commitment of a child to the custody of thedivision of youth services, the division shall determine the appropriateprogram or placement pursuant to subsection 3 of section 219.021, RSMo.Beginning January 1, 1996, the department shall not discharge a child fromthe custody of the division of youth services before the child completesthe length of stay determined by the court in the commitment order unlessthe committing court orders otherwise. The director of the division ofyouth services may at any time petition the court for a review of a child'slength of stay commitment order, and the court may, upon a showing of goodcause, order the early discharge of the child from the custody of thedivision of youth services. The division may discharge the child from thedivision of youth services without a further court order after the childcompletes the length of stay determined by the court or may retain thechild for any period after the completion of the length of stay inaccordance with the law.

5. When an assessment has been imposed under the provisions ofsubsection 2 or 3 of this section, the assessment shall be paid to theclerk of the court in the circuit where the assessment is imposed by courtorder, to be deposited in a fund established for the sole purpose ofpayment of judgments entered against children in accordance with section211.185.

(L. 1957 p. 642 § 211.200, A.L. 1974 H.B. 1475, A.L. 1980 S.B. 512, A.L. 1985 S.B. 323, A.L. 1987 S.B. 244, A.L. 1989 H.B. 502, et al., A.L. 1993 S.B. 88, A.L. 1995 H.B. 174, et al., A.L. 1998 S.B. 684, A.L. 2002 S.B. 923, et al., A.L. 2004 H.B. 1453, A.L. 2005 S.B. 420 & 344, A.L. 2005 1st Ex. Sess. H.B. 2)

Effective 9-15-05