211.203. Mentally retarded or developmentally disabled children, evaluation--disposition--review by court. - Missouri Statutes

Mentally retarded or developmentally disabled children,evaluation--disposition--review by court.

211.203. 1. If a child under the jurisdiction of thejuvenile court appears to be mentally retarded or developmentallydisabled, as these terms are defined in chapter 630, RSMo, thecourt, on its own motion or on the motion or petition of anyinterested party, may order the department of mental health toevaluate the child.

2. A regional center designated by the department of mentalhealth shall perform within twenty days a comprehensiveevaluation, as defined in chapter 633, RSMo, on an outpatientbasis if practicable, for the purpose of determining theappropriateness of a referral to a mental retardation facilityoperated or funded by the department of mental health. If it isdetermined by the regional center, as a result of the evaluation,to be appropriate to refer such child to a department mentalretardation facility under section 633.120, RSMo, or a privatemental retardation facility under section 630.610, RSMo, theregional center shall refer the evaluation to the appropriatemental retardation facility.

3. If, as a result of reviewing the evaluation, the head ofthe mental retardation facility, or his designee, determines thatit is appropriate to admit such child as a resident, the head ofthe mental retardation facility, or his designee, shall recommendthe child for admission, subject to availability of suitableaccommodations. The head of the regional center, or hisdesignee, shall send the juvenile court notice of therecommendation for admission by the mental retardation facilityand a copy of the evaluation. Should the department evaluationrecommend residential care and habilitation, the child, hisparent, guardian or counsel shall have the right to request anindependent evaluation of the child. Within twenty days ofreceipt of the notice and evaluation from the facility, or withintwenty days of the receipt of the notice and evaluation from theindependent examiner, the court may order, pursuant to a hearing,the child committed to the custody of the department of mentalhealth for residential care and habilitation, or may otherwisedispose of the matter; except, that no child shall be committedto the department of mental health for other than residentialcare and habilitation. If the department proposes placement at,or transferring the child to, a department facility other thanthat designated in the order of the juvenile court, thedepartment shall conduct a due process hearing within six days ofsuch placement or transfer during which the head of theinitiating facility shall have the burden to show that theplacement or transfer is appropriate for the medical needs of thechild. The head of the facility shall notify the court orderingdetention or commitment and the child's last known attorney ofrecord of such placement or transfer.

4. If, as a result of the evaluation, the regional centerdetermines that it is not appropriate to admit such child as aresident in a mental retardation facility, the regional centershall send a notice to the court that it is inappropriate toadmit such child, along with a copy of the evaluation. If thechild was evaluated on a residential basis, the juvenile courtshall transfer the child from the department within five days ofreceiving the notice and evaluation or set the matter for hearingwithin twenty days, giving notice of the hearing to the directorof the facility as well as all others required by law.

5. If at any time the mental retardation facility determinesthat it is no longer appropriate to provide residentialhabilitation for the child committed by the juvenile court, butthat such child appears to qualify for placement under section630.610, RSMo, the head of the facility shall refer such childfor placement. Subject to the availability of an appropriateplacement, the department shall place any child who qualifies forplacement under section 630.610, RSMo. If no appropriateplacement is available, the department shall discharge the childor make such other arrangements as it may deem appropriate andconsistent with the child's welfare and safety. Notice of theplacement or discharge shall be sent to the juvenile court whichfirst ordered the child's detention.

6. The committing court shall conduct an annual review ofthe child's need for continued placement at the mentalretardation facility.

(L. 1980 H.B. 1724)