633.125. Discharge from facility, when--may be denied, procedure thereafter--referral to regional center for placement, when. - Missouri Statutes

Discharge from facility, when--may be denied, procedurethereafter--referral to regional center for placement, when.

633.125. 1. A resident admitted to a mental retardation facilitypursuant to section 633.120 shall be discharged immediately when the personwho applied for his admission requests the release orally, in writing orotherwise from the head of the mental retardation facility; except, that ifthe head of the mental retardation facility regards the resident aspresenting a likelihood of serious harm to himself or others, the head ofthe facility may initiate involuntary detention procedures pursuant tochapter 632, RSMo, if appropriate, or any individual, including the head ofthe facility or the mental health coordinator may initiate guardianshipproceedings and, if appropriate, obtain an emergency commitment orderpursuant to chapter 475, RSMo.

2. A resident shall be discharged from a department mentalretardation facility if it is determined in a comprehensive evaluation orperiodic review that the person is not mentally retarded or developmentallydisabled, and if the resident, parent, if a minor, or guardian consents tothe discharge. If consent is not obtained, the head of the facility shallinitiate appeal proceedings under section 633.135, before a resident can bedischarged.

3. A resident shall either be discharged from a department mentalretardation facility or shall be referred to a regional center forplacement in a least restrictive environment pursuant to section 630.610,RSMo, if it is determined in a comprehensive evaluation or periodic reviewthat the following criteria exist:

(1) The resident's condition is not of such a nature that for theprotection or adequate care of the resident or others the resident needsdepartment residential habilitation or other services;

(2) The mental retardation facility does not offer a program whichbest meets the resident's needs; or

(3) The mental retardation facility does not provide the leastrestrictive environment feasible. A resident may not be discharged withouthis consent or the consent of his parent, if he is a minor, or guardianunless proceedings have been completed under section 633.135.

4. After a resident's discharge pursuant to subsection 3 of thissection, the resident shall be referred to an appropriate regional centerfor assistance in obtaining any necessary services.

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