630.620. Facilities and programs to be utilized in making placements. - Missouri Statutes

Facilities and programs to be utilized in making placements.

630.620. 1. Except as provided in subsection 2 of this section, thedepartment may place any patient or resident referred by a departmentfacility or any person applying directly or referred under section 630.610who is accepted for placement, in one or more of the following facilitiesor programs as soon as practicable after consultation with the person,patient or resident, if competent, or his parents, if he is a minor, or hisguardian:

(1) A facility licensed by the department of social services underchapter 198, RSMo, and licensed or certified, or both, by the departmentunder this chapter;

(2) A facility or program licensed or certified, or both, by thedepartment;

(3) The home of the client.

2. If the person was committed to the department of mental healthpursuant to chapter 552, RSMo, based on an accepted plea of not guilty byreason of a mental disease or defect excluding responsibility or anacquittal on that basis as provided in section 552.030, RSMo, for adangerous felony as defined in section 556.061, RSMo, or a violation ofsection 565.020 or 566.040, RSMo, or an attempt to commit one of thepreceding crimes, the placement shall be to a secure facility as defined insection 552.040, RSMo, unless a court order is entered allowing placementin a nonsecure facility.

3. The department shall provide a written statement to the client,the client's parent, if the client is a minor, the client's legal guardian,the referring court or the referring state or private agency or facility,and to the client's next of kin specifying reasons why a proposed placementis appropriate pursuant to section 630.615. If the client was originallycommitted pursuant to chapter 552, RSMo, the written statement shall alsobe provided to the prosecuting attorney in the jurisdiction where theperson was tried and acquitted.

(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)