211.202. Mentally disordered children, evaluation--disposition--review by court. - Missouri Statutes

Mentally disordered children, evaluation--disposition--review bycourt.

211.202. 1. If a child under the jurisdiction of thejuvenile court appears to be mentally disordered, other thanmentally retarded or developmentally disabled, the court, on itsown motion or on the motion or petition of any interested party,may order the department of mental health to evaluate the child.

2. A mental health facility designated by the department ofmental health shall perform within twenty days an evaluation ofthe child, on an outpatient basis if practicable, for the purposeof determining whether inpatient admission is appropriate becausethe following criteria are met:

(1) The child has a mental disorder other than mentalretardation or developmental disability, as all these terms aredefined in chapter 630, RSMo;

(2) The child requires inpatient care and treatment for theprotection of himself or others;

(3) A mental health facility offers a program suitable forthe child's needs;

(4) A mental health facility is the least restrictiveenvironment as the term "least restrictive environment" isdefined in chapter 630, RSMo.

3. If the facility determines, as a result of theevaluation, that it is appropriate to admit the child as aninpatient, the head of the mental health facility, or hisdesignee, shall recommend the child for admission, subject to theavailability of suitable accommodations, and send the juvenilecourt notice of the recommendation and a copy of the evaluation.Should the department evaluation recommend inpatient care, thechild, his parent, guardian or counsel shall have the right torequest an independent evaluation of the child. Within twentydays of the receipt of the notice and evaluation by the facility,or within twenty days of the receipt of the notice and evaluationfrom the independent examiner, the court may order, pursuant to ahearing, the child committed to the custody of the department ofmental health for inpatient care and treatment, or may otherwisedispose of the matter; except, that no child shall be committedto a mental health facility under this section for other thancare and treatment.

4. If the facility determines, as a result of theevaluation, that inpatient admission is not appropriate, the headof the mental health facility, or his designee, shall notrecommend the child for admission as an inpatient. The head ofthe facility, or his designee, shall send to the court a noticethat inpatient admission is not appropriate, along with a copy ofthe evaluation, within twenty days of completing the evaluation.If the child was evaluated on an inpatient basis, the juvenilecourt shall transfer the child from the department of mentalhealth within twenty days of receipt of the notice and evaluationor set the matter for hearing within twenty days, giving noticeof the hearing to the director of the facility as well as allothers required by law.

5. If at any time the facility determines that it is nolonger appropriate to provide inpatient care and treatment forthe child committed by the juvenile court, but that such childappears to qualify for placement under section 630.610, RSMo, thehead of the facility shall refer such child for placement.Subject to the availability of an appropriate placement, thedepartment of mental health shall place any child who qualifiesfor placement under section 630.610, RSMo. If no appropriateplacement is available, the department of mental health shalldischarge the child or make such other arrangements as it maydeem appropriate and consistent with the child's welfare andsafety. Notice of the placement or discharge shall be sent tothe juvenile court which first ordered the child's detention.

6. The committing juvenile court shall conduct an annualreview of the child's need for continued placement in the mentalhealth facility.

(L. 1980 H.B. 1724)