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

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

Terms Used In Missouri Laws 630.620

  • 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
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: if used in a section in a context relating to property rights or obligations, means conservator of the estate as defined in chapter 475. See Missouri Laws 1.020
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor: any person under the age of eighteen years. 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
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • 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
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020

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

(3) The home of the client.

2. If the person 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, the placement shall be to a secure facility as defined in section 552.040, unless a court order is entered allowing placement in 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 placement is appropriate pursuant to section 630.615. If the client was originally committed pursuant to chapter 552, the written statement shall also be provided to the prosecuting attorney in the jurisdiction where the person was tried and acquitted.

  Previous section
Next section  
 Chapter 630 Contents