Before placing any client in a particular residential facility or day program, the department shall consider each of the following criteria:

(1) The best interests of the patient or resident;

Terms Used In Missouri Laws 630.615

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Client: any person who is placed by the department in a facility or program licensed and funded by the department or who is a recipient of services from a regional center, as defined in section 633. See Missouri Laws 630.005
  • Day program: a place conducted or maintained by any person who advertises or holds himself out as providing prevention, evaluation, treatment, habilitation or rehabilitation for persons affected by mental disorders, mental illness, intellectual disabilities, developmental disabilities or alcohol or drug abuse for less than the full twenty-four hours comprising each daily period. See Missouri Laws 630.005
  • Department: the department of mental health of the state of Missouri. See Missouri Laws 630.005
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Least restrictive environment: a reasonably available setting or mental health program where care, treatment, habilitation or rehabilitation is particularly suited to the level and quality of services necessary to implement a person's individualized treatment, habilitation or rehabilitation plan and to enable the person to maximize his or her functioning potential to participate as freely as feasible in normal living activities, giving due consideration to potentially harmful effects on the person and the safety of other facility or program clients and public safety. See Missouri Laws 630.005
  • Patient: an individual under observation, care, treatment or rehabilitation by any hospital or other mental health facility or mental health program pursuant to the provisions of chapter 632. See Missouri Laws 630.005
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Resident: a person receiving residential services from a facility, other than mental health facility, operated, funded or licensed by the department. See Missouri Laws 630.005
  • Residential facility: any premises where residential prevention, evaluation, care, treatment, habilitation or rehabilitation is provided for persons affected by mental disorders, mental illness, intellectual disability, developmental disabilities or alcohol or drug abuse. See Missouri Laws 630.005

(2) Except as provided in subdivision (5) of this section, the least restrictive environment for providing care and treatment consistent with the needs and conditions of the patient or resident;

(3) The ability to provide to the patient or resident that individual degree of care and treatment which is required for that patient or resident and which is of comparable quality to the existing care and treatment based upon investigation of the alternative place and its program of care and treatment;

(4) The relationship of the patient or resident to his family, guardian or friends, so as to maintain relationships and encourage visits beneficial to the patient or resident;

(5) Whether the facility will provide the security necessary to protect the public safety and any crime victim or other witnesses if the client was committed to the department of mental health pursuant to chapter 552, based on an accepted plea of not guilty by reason of a mental disease or defect excluding responsibility or an acquittal on that basis as provided in section 552.030 for a dangerous felony as defined in section 556.061, or a violation of section 565.020 or 566.040, or an attempt to commit one of the preceding crimes.