211.207. Youth services division may request evaluation--procedure after evaluation--transfer of custody. - Missouri Statutes

Youth services division may request evaluation--procedure afterevaluation--transfer of custody.

211.207. 1. If a child is committed to the division ofyouth services and subsequently appears to be mentallydisordered, as defined in chapter 630, RSMo, the division shallrefer the child to the department of mental health forevaluation. The evaluation shall be performed within twenty daysby a mental health facility or regional center operated by thedepartment of mental health and, if practicable, on an outpatientbasis, for the purpose of determining whether inpatient care at amental health facility or residential habilitation in a mentalretardation facility is appropriate because the child meets thecriteria specified in subsection 2 of section 211.202 or insection 633.120, RSMo, respectively.

2. If, as a result of the evaluation, the director of thedepartment of mental health, or his designee, determines that thechild is not mentally disordered so as to require inpatient careand treatment in a mental health facility or residentialhabilitation in a mental retardation facility, the director, orhis designee, shall so notify the director of the division ofyouth services. If the child was evaluated on an inpatient orresidential basis, the child shall be returned to the division ofyouth services.

3. If the director of the department of mental health, orhis designee, determines that the child requires inpatient careand treatment at a mental health facility operated by thedepartment of mental health or residential habilitation in amental retardation facility operated by the department of mentalhealth, the director, or his designee, shall notify the directorof the division of youth services that admission is appropriate.The director of the division may transfer the physical custody ofthe child to the department of mental health for admission to adepartment of mental health facility and the department of mentalhealth shall accept the transfer subject to the availability ofsuitable accommodations.

4. The director of the department of mental health, or hisdesignee, shall cause an individualized treatment or habilitationplan to be prepared by the mental health facility or mentalretardation facility for each child. The mental health facilityor mental retardation facility shall review the status of thechild at least once every thirty days. If, as a result of anysuch review, it is determined that inpatient care and treatmentat a mental health facility or residential habilitation in amental retardation facility is no longer appropriate for thechild because the child does not meet the criteria specified insubsection 2 of section 211.202 or in section 633.120, RSMo,respectively, the director of the department of mental health, orhis designee, shall so notify the director of the division ofyouth services and shall return the child to the custody of thedivision.

5. If a child for any reason ceases to come under thejurisdiction of the division of youth services, he may beretained in a mental health facility or mental retardationfacility only as otherwise provided by law.

(L. 1980 H.B. 1724)