211.206. Duties of department of mental health--discharge by department--notice--jurisdiction of court. - Missouri Statutes

Duties of department of mental health--discharge bydepartment--notice--jurisdiction of court.

211.206. 1. For each child committed to the department ofmental health by the juvenile court, the director of thedepartment of mental health, or his designee, shall prepare anindividualized treatment or habilitation plan, as defined inchapter 630, RSMo, within thirty days of the admission fortreatment or habilitation. The status of each child shall bereviewed at least once every thirty days. Copies of allindividualized treatment plans, habilitation plans, and periodicreviews shall be sent to the committing juvenile court.

2. The department of mental health shall discharge a childcommitted to it by the juvenile court pursuant to sections211.202 and 211.203 if the head of a mental health facility ormental retardation facility, or his designee, determines, in anevaluation or a periodic review, that any of the followingconditions are true:

(1) A child committed to a mental health facility no longerhas a mental disorder other than mental retardation ordevelopmental disability;

(2) A child committed to a mental retardation facility isnot mentally retarded or developmentally disabled;

(3) The condition of the child is no longer such that, forthe protection of the child or others, the child requiresinpatient hospitalization or residential habilitation;

(4) The mental health facility or mental retardationfacility does not offer a program which best meets the child'sneeds;

(5) The mental health facility or mental retardationfacility does not provide the least restrictive environment, asdefined in section 630.005, RSMo, which is consistent with thechild's welfare and safety.

3. If the committing court specifically retainedjurisdiction of the child by the terms of its order committingthe child to the department of mental health, notice of thedischarge, accompanied by a diagnosis and recommendations forplacement of the child, shall be forwarded to the court at leasttwenty days before such discharge date. Unless within twentydays of receipt of notice of discharge the juvenile court ordersthe child to be brought before it for appropriate proceedings,jurisdiction of that court over the child shall terminate at theend of such twenty days.

(L. 1980 H.B. 1724)