219.021. Child may be committed to division, when--notice to court of release to aftercare supervision, contents, formal objections may be made, when--division to operate and maintain facilities and p

MISSOURI STATUTES AND CODES

219.021. Child may be committed to division, when--notice to court of release to aftercare supervision, contents, formal objections may be made, when--division to operate and maintain facilities and p

Child may be committed to division, when--notice to court of releaseto aftercare supervision, contents, formal objections may be made,when--division to operate and maintain facilities and programs--dayrelease and vocational programs authorized--payment of judgments.

219.021. 1. Except as provided in subsections 2 and 3 of thissection, any child may be committed to the custody of the division when thejuvenile court determines a suitable community-based treatment service doesnot exist, or has proven ineffective; and when the child is adjudicatedpursuant to the provisions of subdivision (3) of subsection 1 of section211.031, RSMo, or when the child is adjudicated pursuant to subdivision (2)of subsection 1 of section 211.031, RSMo, and is currently under courtsupervision for adjudication under subdivision (2) or (3) of subsection 1of section 211.031, RSMo. The division shall not keep any child beyond hiseighteenth birth date, except upon petition and a showing of just cause inwhich case the division may maintain custody until the child's twenty-firstbirth date. Notwithstanding any other provision of law to the contrary,the committing court shall review the treatment plan to be provided by thedivision. The division shall notify the court of original jurisdictionfrom which the child was committed at least three weeks prior to thechild's release to aftercare supervision. The notification shall include asummary of the treatment plan and progress of the child that has resultedin the planned release. The court may formally object to the director ofthe division in writing, stating its reasons in opposition to the release.The director shall review the court's objection in consideration of itsfinal approval for release. The court's written objection shall be madewithin a one-week period after it receives notification of the division'splanned release; otherwise the division may assume court agreement with therelease. The division director's written response to the court shall occurwithin five working days of the court's objection and preferably prior tothe release of the child. The division shall not place a child directlyinto a precare setting immediately upon commitment from the court until itadvises the court of such placement.

2. No child who has been diagnosed as having a mental disease or acommunicable or contagious disease shall be committed to the division;except the division may, by regulation, when facilities for the proper careand treatment of persons having such diseases are available at any of thefacilities under its control, authorize the commitment of children havingsuch diseases to it for treatment and training in such institution. Noticeof any such regulation shall be promptly mailed to the judges and juvenileofficers of all courts having jurisdiction of cases involving children.

3. When a child has been committed to the division, the divisionshall forthwith examine the individual and investigate all pertinentcircumstances of his background for the purpose of facilitating theplacement of the child in the most appropriate program or residentialfacility to assure the public safety and the rehabilitation of the child;except that, no child committed under the provisions of subdivision (2) ofsubsection 1 of section 211.031, RSMo, may be placed in the regionalfacilities at the W. E. Sears Youth Center at Poplar Bluff or the HoganStreet Regional Youth Center at St. Louis, unless the juvenile issubsequently adjudicated under subdivision (3) of subsection 1 of section211.031, RSMo.

4. The division may transfer any child under its jurisdiction to anyother institution for children if, after careful study of the child'sneeds, it is the judgment of the division that the transfer should beeffected. If the division determines that the child requires treatment byanother state agency, it may transfer the physical custody of the child tothat agency, and that agency shall accept the child if the services areavailable by that agency.

5. The division shall make periodic reexaminations of all childrencommitted to its custody for the purpose of determining whether existingdispositions should be modified or continued. Reexamination shall include astudy of all current circumstances of such child's personal and familysituation and an evaluation of the progress made by such child since theprevious study. Reexamination shall be conducted as frequently as thedivision deems necessary, but in any event, with respect to each suchchild, at intervals not to exceed six months. Reports of the results ofsuch examinations shall be sent to the child's committing court and to hisparents or guardian.

6. Failure of the division to examine a child committed to it or toreexamine him within six months of a previous examination shall not ofitself entitle the child to be discharged from the custody of the divisionbut shall entitle the child, his parent, guardian, or agency to which thechild may be placed by the division to petition for review as provided insection 219.051.

7. The division is hereby authorized to establish, build, repair,maintain, and operate, from funds appropriated or approved by thelegislature for these purposes, facilities and programs necessary toimplement the provisions of sections 219.011 to 219.086. Such facilitiesor programs may include, but not be limited to, the establishment andoperation of training schools, maximum security facilities, park camps,regional facilities, group homes, family foster homes, aftercare,counseling services, educational services, and such other services as maybe required to meet the needs of children committed to it. The divisionmay terminate any facility or program no longer needed to meet the needs ofchildren.

8. The division may institute day release programs for childrencommitted to it. The division may arrange with local schools, public orprivate agencies, or persons approved by the division for the release ofchildren committed to the division on a daily basis to the custody of suchschools, agencies, or persons for participation in programs.

9. The division may establish and offer on-the-job vocationaltraining to develop work habits and equip children committed to it withmarketable skills. Such training shall not exceed eight hours per day.The division may provide for the payment of reasonable wages or allowancesfor work or tasks performed by a child committed to the division. For anywork performed by a child committed to the division in any state park orpark work camp, the state park board is hereby authorized, out ofappropriations made to it, to pay wages not in excess of fifteen dollarsper month to each child. All funds paid to the child in accordance withthis section shall be deposited with the director and not less thanone-half of this amount shall be paid monthly to the child. The balance ofsuch funds shall be held in trust by the director for payment to the childat the time of his release from a facility.

10. The division shall make all reasonable efforts to ensure that anyoutstanding judgment entered in accordance with section 211.185, RSMo, orany outstanding assessments ordered in accordance with section 211.181,RSMo, be paid while a child is in the care, custody or control of thedivision.