Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute

In addition to the definitions in section 632.005, RSMo, which
are applicable to this chapter, the following terms as used in this
chapter mean:

(1) "Alcohol or drug abuse facility", a place providing treatment and
rehabilitation to persons engaged in alcohol or drug abuse, or both,
which is recognized as such a place by the department of mental health;

(2) "Division", the division of alcohol and drug abuse of the department
of mental health;

(3) "Division director", the director of the division of alcohol and drug
abuse of the department of mental health, or his designee;

(4) "Qualified counselor", a person who provides substance abuse
counseling and who meets the qualifications prescribed in the standards
for certification of alcohol and drug abuse programs under rules
promulgated by the department of mental health, as authorized by sections
630.050 and 630.655, RSMo;

(5) "Respondent", an individual who is the subject of involuntary civil
detention proceedings instituted under this chapter. (L. 1980 H.B. 1724,
A.L. 1985 S.B. 265, A.L. 1989 S.B. 215 & 58)

CROSS REFERENCE: Definitions also applicable, RSMo 630.005

1. The "Division of Alcohol and Drug Abuse" is hereby created
and shall be a division of the department of mental health. The division
shall have the responsibility of insuring that alcohol and drug abuse
prevention, evaluation, treatment and rehabilitation services are
accessible, wherever possible. The division shall have and exercise
supervision of division residential facilities, day programs and
specialized services operated by the department and oversight of
facilities, programs and services funded by the department.

2. The powers, functions and duties of the division shall include the
following:

(1) Provision of funds for the planning and implementation of accessible
programs to alleviate and prevent problems related to alcohol or drug
abuse;

(2) Review of each alcohol and drug abuse plans submitted to receive
state and federal funds allocated by the department;

(3) Provision of technical assistance and training to community-based
programs to assist in planning and implementing quality services;

(4) Assurance of program quality in compliance with such appropriate
standards as may be established by the department;

(5) Sponsorship and encouragement of research into the causes, effects,
prevention, treatment and rehabilitation of alcohol and drug abuse;

(6) Provision of public information relating to alcohol and drug abuse
and its prevention, treatment and rehabilitation;

(7) Cooperation with nonstate governmental agencies and the private
sector in establishing, conducting, integrating and coordinating alcohol
and drug abuse programs and projects;

(8) Cooperation with other state agencies to encourage appropriate health
facilities to recognize, without discrimination, persons with alcohol and
drug problems who also require medical care and to provide them with
adequate and appropriate services;

(9) Encouragement of training for public and private entities and
assistance of such entities to recognize employee problems relating to
alcohol or drug abuse which affect job performance and to encourage such
employees to seek appropriate services;

(10) Participation in the developing and implementing of a statewide plan
to prevent and alleviate problems relating to alcohol and drug abuse and
to overcome the barriers to their solutions;

(11) Encouragement of coordination of division services with other
divisions of the department and other state agencies;

(12) Encouragement of the utilization, support, assistance and dedication
of volunteers to persuade persons affected by alcohol or drug abuse to
voluntarily seek appropriate services to alleviate such abuse;

(13) Evaluation, or the requirement of the evaluation, including the
collection of appropriate and necessary information, of alcohol or drug
abuse residential facilities, day programs and specialized services to
determine their cost-and-benefit effectiveness;

(14) Participation in developing standards for residential facilities,
day programs and specialized services operated or funded by the
department for persons affected by alcohol or drug abuse;

(15) Review and oversight of those portions of the department's annual
budget which are directed for alcohol and drug abuse services;

(16) Responsibility for program planning and policies of prevention and
treatment services provided directly by the department. (L. 1980 H.B.
1724)

The division director, subject to the supervision of the
director, shall be the chief administrative officer of the division and
shall exercise for the division the powers and duties of an appointing
authority under chapter 36, RSMo, to employ such administrative,
technical and other personnel, except employees of department facilities,
as may be necessary for the performance of the powers and duties of the
division. (L. 1980 H.B. 1724)

1. The Missouri advisory council on alcohol and drug abuse*,
created by sections 1 to 8 of house bill no. 1087 of the seventy-sixth
general assembly, second** regular session, shall act as an advisory body
to the division and the division director. The council shall be comprised
of up to twenty-five members, the number to be determined under the
council bylaws.

2. The director shall appoint the members of the council. The members
shall serve for overlapping terms of three years each. The members of the
existing council appointed under the provisions of the reorganization act
of 1974, section 9, appendix B, RSMo, shall serve the remainder of their
appointed terms. At the expiration of the term of each member, the
director shall appoint an individual who shall hold office for a term of
three years. Each member shall hold office until his successor has been
appointed. At least one-half of the members shall be consumers and one
member shall represent veterans and military affairs. Members shall have
professional, research or personal interest in alcohol and drug abuse. No
more than one-fourth of the members shall be vendors, or members of
boards of directors, employees or officers of vendors, or any of their
spouses, if such vendors receive more than fifteen hundred dollars under
contract with the department; except that members of boards of directors
of not-for-profit corporations shall not be considered members of board
of directors of vendors under this subsection.

3. A vacancy occurring on the council shall be filled by appointment of
the director.

4. Meetings shall be held at the call of the division director or the
council chairman, who shall be elected by the council.

5. Each member shall be reimbursed for reasonable and necessary expenses,
including travel expenses pursuant to the travel regulations for
employees of the department, actually incurred in the performance of his
official duties.

6. The council may be divided into subcouncils in accordance with its
bylaws. The council shall study, plan and make recommendations on the
prevention, treatment and rehabilitation for persons affected by alcohol
and drug abuse.

7. No member of a state advisory council may participate in or seek to
influence a decision or vote of the council if the member would be
directly involved with the matter or if he would derive income from it. A
violation of the prohibition contained herein shall be grounds for a
person to be removed as a member of the council by the director.

8. The council shall collaborate with the department in developing and
administering a state plan on alcohol or drug abuse. The council shall be
advisory and shall do the following:

(1) Promote meetings and programs for the discussion of reducing the
debilitating effects of alcohol or drug abuse and disseminate information
in cooperation with any other department, agency or entity on the
prevention, evaluation, care, treatment and rehabilitation for persons
affected by alcohol or drug abuse;

(2) Study and review current prevention, evaluation, care, treatment and
rehabilitation technologies and recommend appropriate preparation,
training, retraining and distribution of manpower and its resources in
the provision of services to persons affected by alcohol or drug abuse
through private and public residential facilities, day programs and other
specialized services;

(3) Recommend what specific methods, means and procedures should be
adopted to improve and upgrade the alcohol and drug abuse service
delivery system for citizens of this state;

(4) Participate in developing and disseminating criteria and standards to
qualify alcohol and drug abuse residential facilities, day programs and
other specialized services in this state for funding by the department.
(L. 1980 H.B. 1724, A.L. 1991 S.B. 125 & 341)

Effective 7-1-92

*The advisory council on alcohol and drug abuse is transferred to the
department of mental health. See section 630.003.

**Word "first" appears in original rolls, an apparent typographical error.

The division may provide the prevention, evaluation, care,
treatment, rehabilitation and such related services directly or through
contracts with appropriate residential facilities, day programs or
specialized services funded by the department. (L. 1980 H.B. 1724)

1. The department shall prepare a state plan to secure
coordinated alcohol and drug abuse prevention, treatment and
rehabilitation services accessible to persons in need of them in defined
geographic areas, which plan shall be reviewed and revised annually.

2. The state plan shall include, but not be limited to, the following:

(1) A needs-assessment of the state to determine underserved, unserved
and inappropriately served populations and areas;

(2) Statements of short-term and long-term goals for meeting the needs of
the currently served, unserved, underserved or inappropriately served
populations and areas of the state;

(3) An inventory of existing private and public residential facilities,
clinics and other service providers offering drug or alcohol abuse
services;

(4) Evaluations of the effects of care and treatment programs;

(5) Descriptions of the following:

(a) Methods for assuring active, consumer-oriented citizen participation
throughout the system;

(b) Strategies and procedures for encouraging, coordinating and
integrating community-based services wherever practicable to avoid
duplication by private, not-for-profit and public state and
community-based providers of services;

(c) Methods for monitoring the quality of prevention, evaluation, care,
treatment and rehabilitation services funded by the state;

(d) Rules which set standards of construction, staffing, operations and
programs, as appropriate, for any public or private entity to meet before
receiving state certification; and

(e) Plans for addressing the particular alcohol and drug abuse service
needs of each region including special strategies for rural and urban
unserved, underserved or inappropriately served populations and areas of
the state.

3. In preparing the state plan, the department shall take into
consideration its regional plans. (L. 1980 H.B. 1724)

The director shall divide the state into regions. The boundaries
of such regions, to the extent practicable, shall be contiguous with
relevant boundaries of political subdivisions and health service areas.
(L. 1980 H.B. 1724)

1. The director may establish regional councils in any of the
regions. If a regional council is established in a region, the division
director shall appoint up to twenty members who reside in the region to
serve staggered three-year terms on the councils.

2. At least one-half of the members shall be consumers and no more than
one-fourth of the members shall be vendors, or employees, members of
boards of directors or officers of vendors, or their spouses, if such
vendors receive more than fifteen hundred dollars under contract with the
department; except that members of boards of directors of not-for-profit
corporations shall not be subject to the one-fourth limitation on the
membership under this subsection.

3. No member of a regional advisory council may participate in or seek to
influence a decision or vote of the council if the member would be
directly involved with the matter or if he would derive income from it. A
violation of the prohibition contained herein shall be grounds for a
person to be removed as a member of the council by the director. (L. 1980
H.B. 1724)

1. Any regional advisory councils established under section
631.040 shall participate in the preparation of regional plans and
annually review, advise on and recommend them before they are transmitted
to the state advisory council and the division director. The plans shall
include at least the following:

(1) An inventory of existing private and public residential facilities,
clinics and other service providers offering drug or alcohol abuse
services;

(2) An assessment of needs, including any special target populations, of
unserved, underserved or inappropriately served persons;

(3) A statement of specific goals for the region.

*2. Any staff of such regional advisory councils shall be provided only
from funds appropriated specifically for that purpose. This subsection
shall become effective July 1, 1981. (L. 1980 H.B. 1724)

*Effective 7-1-81 (subsection 2 only)

Any residential facility, day program or specialized service
operated or funded by the department shall incorporate the following
standards into its policies for accepting persons affected by alcohol or
drug abuse for treatment or rehabilitation:

(1) A person shall, if possible, be treated on a voluntary rather than on
an involuntary basis;

(2) A person shall be initially assigned or transferred to outpatient or
intermediate treatment, unless he is found to require inpatient treatment;

(3) A person shall not be denied treatment solely because he has
withdrawn from treatment against medical advice on a prior occasion or
because he has relapsed after earlier treatment;

(4) An individualized rehabilitation plan shall be prepared and
maintained on a current basis for each patient;

(5) Provisions shall be made for a continuum of coordinated treatment or
rehabilitation services so that a person who leaves a facility or a form
of treatment or rehabilitation will have available and may utilize other
appropriate treatment. (L. 1980 H.B. 1724)

The department shall designate mental health facilities or
community-based facilities to serve as alcohol or drug abuse facilities
certified by the department to serve various service areas in the state.
The department shall divide the state into service areas to be served by
facilities operated or funded by the department to accept voluntary or
involuntary clients, or both, under this chapter. (L. 1985 S.B. 265)

The department of mental health shall develop criteria for
locating new methadone treatment programs in the state of Missouri. (L.
1997 H.B. 635 § 1, subsec. 6)

If an adult person for himself, a parent for a minor, or a
guardian for a ward applies to the head of a public or private alcohol or
drug abuse facility to receive treatment and rehabilitation, and if the
head of the facility believes that the person engages in alcohol or drug
abuse, or both, and would benefit from the program offered by the
facility and that suitable accommodations are available, he may admit the
person for treatment and rehabilitation as a voluntary client. A minor
may apply for himself if competent to do so under section 431.061, RSMo.
(L. 1985 S.B. 265)

1. The head of an alcohol or drug abuse facility may discharge
any voluntary client whose continued involvement in the program is
determined to be either no longer beneficial to the client or an
ineffective use of the facility.

2. The head of an alcohol or drug abuse facility shall release any client
who requests his release in writing or whose release is requested by his
guardian or parent, if the parent applied for admission; except that, if
the head of the facility believes the client is presenting a likelihood
of serious harm as a result of the alcohol or drug abuse, the head of the
facility may deny the request for release. If the request for release is
denied, the head of the facility may detain the client only if he
immediately initiates the involuntary detention procedure set out in this
chapter. (L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)

1. Any adult person may file an application in the probate
division of the circuit court for detention, treatment, and
rehabilitation in an alcohol or drug abuse facility of a person
presenting a likelihood of serious harm to himself or others as a result
of alcohol or drug abuse, or both.

2. The procedures of section 632.305, RSMo, apply to the disposition of
the application and entry of an order by the court for detention,
treatment, and rehabilitation for up to ninety-six hours unless further
authorized by the court, for a person found, upon probable cause, to be
presenting a likelihood of serious harm to himself or others as a result
of alcohol or drug abuse, or both. (L. 1985 S.B. 265, A.L. 1996 S.B. 884
& 841)

1. A mental health coordinator, mental health professional,
peace officer, registered nurse, licensed physician, or qualified
counselor may complete an application for detention, treatment, or
rehabilitation for up to ninety-six hours under the procedures of section
632.305, RSMo, for a person presenting an imminent likelihood of serious
harm to himself or others as a result of alcohol or drug abuse, or both.

2. If a peace officer has reasonable cause to believe that unless a
person is taken into custody the likelihood of serious harm is imminent
as a result of alcohol or drug abuse, or both, the officer may take the
person into custody and convey him to an alcohol or drug abuse facility.
The officer shall complete an application for detention indicating the
facts upon which the belief is based. (L. 1985 S.B. 265, A.L. 1989 S.B.
215 & 58, A.L. 1996 S.B. 884 & 841)

The provisions of section 632.310, RSMo, shall also apply to
admission or rejection for detention, treatment, and rehabilitation of a
respondent at an alcohol or drug abuse facility. (L. 1985 S.B. 265)

Within three hours after the arrival of the respondent at an
alcohol or drug abuse facility, the respondent shall be given a copy of
the application for detention; a notice of rights as set out in section
631.135*; and a notice giving the name, business address, and telephone
number of an attorney appointed to represent him, and assistance in
contacting the attorney if so requested. (L. 1985 S.B. 265)

*Number "631.325" appears in original rolls, an apparent typographical
error.

If a respondent is accepted for treatment and rehabilitation
pursuant to this chapter, he shall be advised, orally and in writing, of
the information contained in subdivisions (1) to (11) of this section.
The respondent's guardian, if any, and, with the respondent's consent, a
responsible member of the respondent's immediate family shall be advised
if possible, either orally or in writing, of his admission to the
facility. The personnel of the alcohol or drug abuse facility to which
the respondent is taken shall advise the respondent that unless the
respondent is released or voluntarily admits himself within ninety-six
hours of the initial detention:

(1) He may be detained for ninety-six hours from the time of his initial
detention to receive treatment and rehabilitation;

(2) Within the ninety-six hours, the head of the alcohol or drug abuse
facility or the mental health coordinator may file a petition to have him
detained, after a court hearing, for an additional period not to exceed
thirty days;

(3) He will be given a judicial hearing within two judicial days after
the day the petition for additional detention is filed, unless continued
for good cause;

(4) An attorney has been appointed who will represent him before and
after the hearing and who will be notified as soon as possible; except
that, he also has the right to private counsel of his own choosing and at
his own expense;

(5) He has the right to communicate with counsel at all reasonable times
and to have assistance in contacting such counsel;

(6) Anything he says to personnel at the alcohol or drug abuse facility
may be used in making a determination regarding detention, may result in
involuntary detention proceedings being filed concerning him, and may be
used at the court hearing;

(7) He has the right to present evidence and to cross-examine witnesses
who testify on behalf of the petitioner at the hearing;

(8) During the period prior to being examined by a licensed physician, he
may refuse medication unless he presents an imminent likelihood of
serious harm to himself or others;

(9) He has the right to refuse medication except for lifesaving treatment
beginning twenty-four hours prior to the hearing for thirty-day detention;

(10) He has the right to request that the hearing be held in his county
of residence if he is a resident of this state;

(11) He has the right to have an interpreter assist him to communicate at
the facility or during the hearing, or both, if he has impaired hearing
or does not speak English. (L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)

1. At the expiration of the ninety-six-hour period, the
respondent may be detained and treated involuntarily for an additional
two judicial days only if the head of the alcohol or drug abuse facility
or a mental health coordinator has filed a petition for additional
detention not to exceed thirty days.

2. Within ninety-six hours following initial detention, the head of the
facility or the mental health coordinator may file, or cause to be filed,
a petition for a thirty-day involuntary detention, treatment, or
rehabilitation period provided he has reasonable cause to believe that
the person abuses alcohol or drugs and presents a likelihood of serious
harm to himself or others as a result of alcohol or drug abuse, or both.
The court shall serve the petition and list of prospective witnesses for
the petitioner upon the respondent and his attorney at least twenty-four
hours before the hearing. The head of the facility shall also notify the
mental health coordinator if the petition is not filed by the mental
health coordinator. The petition shall:

(1) Allege that the respondent, by reason of alcohol or drug abuse, or
both, presents a likelihood of serious harm to himself or to others;

(2) Allege that the respondent is in need of continued detention,
treatment, and rehabilitation;

(3) Allege the specific behavior of the respondent or the facts which
support such conclusion;

(4) Allege that an alcohol or drug abuse facility which is appropriate to
handle the respondent's condition has agreed to accept the respondent; and

(5) Be signed by a licensed physician who has examined the respondent.
(L. 1985 S.B. 265, A.L. 1996 S.B. 884 & 841)

1. The petition for thirty-day involuntary detention, treatment,
and rehabilitation shall be filed with the probate division of the
circuit court. At the time of filing the petition, the court clerk shall
set a date and time for the hearing which shall take place within two
judicial days of the filing of the petition. The clerk shall promptly
notify the respondent, his attorney, the petitioner and the petitioner's
attorney of the date and time for the hearing. The court shall not grant
continuances except upon a showing of good and sufficient cause. If a
continuance is granted, the court, in its discretion, may order the
person released pending the hearing upon conditions prescribed by the
court. The court may order the continued detention, treatment, and
rehabilitation of the person at an alcohol or drug abuse facility pending
the continued hearing, and a copy of such order shall be furnished to the
facility.

2. The hearing shall be conducted in as informal a manner as may be
consistent with orderly procedure and in a physical setting not likely to
have a harmful effect on the respondent. In addition to all rights
specified elsewhere, the respondent shall have the right to:

(1) Be represented by an attorney;

(2) Present evidence on his own behalf;

(3) Cross-examine witnesses who testify on behalf of the petitioner;

(4) Remain silent;

(5) View and copy all petitions and reports in the court file of his case;

(6) Have the hearing open or closed to the public as he elects;

(7) Have the hearing conducted according to the rules of evidence
applicable to civil judicial proceedings.

3. The respondent shall be present at the hearing unless he refuses to be
present, his physical condition is such that he cannot be present in the
courtroom, or the court determines that the respondent's conduct in the
courtroom is so disruptive that the proceedings cannot reasonably
continue with him present.

4. At the conclusion of the hearing, if the court finds, based upon clear
and convincing evidence, that the respondent, as the result of alcohol or
drug abuse, or both, presents a likelihood of serious harm to himself or
to others, the court shall order that the respondent be detained for
involuntary treatment and rehabilitation in the least restrictive
environment for a period not to exceed thirty days. (L. 1985 S.B. 265,
A.L. 1996 S.B. 884 & 841)

1. Before the expiration of the thirty-day period of detention,
treatment, and rehabilitation ordered pursuant to section 631.145, the
court may order the respondent to be detained for treatment and
rehabilitation for an additional period not to exceed ninety days;
provided that:

(1) The respondent, as the result of alcohol or drug abuse, or both,
continues to present a likelihood of serious harm to himself or to
others; and

(2) The court, after a hearing, orders the respondent detained for
treatment and rehabilitation for the additional period.

2. If, within twenty-five days of the court hearing described in section
631.145, the head of the alcohol or drug abuse facility or the mental
health coordinator has reasonable cause to believe that the respondent,
as the result of alcohol or drug abuse, or both, presents a likelihood of
serious harm to himself or others, and believes that further detention
and treatment is necessary, he shall file, or cause to be filed, with the
court a petition for ninety days additional detention, treatment, and
rehabilitation. The court shall immediately set a date and time for a
hearing on the petition, which shall take place within four judicial days
of the date of the filing of the petition. The court shall serve a copy
of the petition and the notice of the date and time of the hearing upon
the petitioner, the respondent, and their attorneys as promptly as
possible, but not later than two judicial days after the filing of the
petition. The petitioner shall also file with the court, for the court to
serve upon the respondent's attorney not later than two days after the
filing of the petition, a list of the proposed witnesses for the
petitioner. The head of the alcohol or drug abuse facility shall notify
the mental health coordinator if the petition is not filed by the mental
health coordinator. The petition shall comply with the requirements of
section 631.140, and an individualized treatment and rehabilitation plan
for the respondent shall be attached thereto. (L. 1985 S.B. 265, A.L.
1996 S.B. 884 & 841)

Notwithstanding any other provision of the law to the contrary,
whenever a court orders a person detained for involuntary treatment or
rehabilitation in an alcohol or drug abuse facility operated by the
department, or such a facility affiliated and under contract with the
department to serve the service area involved, the order of detention
shall be to the custody of the director of the department, who shall
determine where detention for involuntary treatment and rehabilitation
shall take place in the least restricted environment. (L. 1985 S.B. 265)

Whenever any respondent detained involuntarily under this
chapter in an alcohol or drug abuse facility is found during the
detention period to be in need of medical care and treatment provided in
a hospital, which in the opinion of a licensed physician must be attended
to immediately, the respondent may be transferred to a hospital for care
and treatment. The hospital may perform surgery or provide medical
treatment with the respondent's consent, or without his consent under the
provisions of section 431.063, RSMo, or chapter 475, RSMo. If the
respondent's detention period has not expired at the completion of the
hospital care and treatment, then the respondent shall be returned to the
alcohol or drug abuse facility to complete the detention for treatment
and rehabilitation. The respondent may have detention periods continued
while in the hospital under the provisions of this chapter. (L. 1985 S.B.
265)

If the head of the alcohol or drug abuse facility finds that a
person who is detained for treatment and rehabilitation is presenting a
likelihood of serious harm as a result of mental disorder other than
alcohol or drug abuse, or both, the head of the facility shall arrange
for the transfer of the person to a mental health facility through a
mental health coordinator, or through a licensed physician, registered
professional nurse, qualified counselor or mental health professional
designated by the mental health facility. The person may be detained for
up to ninety-six hours for evaluation and treatment, under the procedures
of sections 632.310, 632.315, 632.320 and 632.325, RSMo, before filing a
petition for further detention under sections 632.330 and 632.335, RSMo.
(L. 1985 S.B. 265, A.L. 1989 S.B. 215 & 58, A.L. 1996 S.B. 884 & 841)

If requested to do so by the head of an alcohol or drug abuse
facility, the sheriff of the county where a client, absent without
authorization, is found shall apprehend and return him to the facility.
The head of the facility may request the return of an absent client under
this section* only when:

(1) The client is a minor whose admission was applied for by his parent
or legal custodian, who has not requested the minor client's release;

(2) The client is a minor under jurisdiction of the juvenile court;

(3) The client has been declared legally incapacitated and his guardian
has not requested his release;

(4) The client was committed to the department under chapter 552, RSMo,
or this chapter; or

(5) The client's condition is of such a nature that, for the protection
of the client, or others, the head of the facility determines that the
client's return to the facility is necessary as noted in the client's
records, in which case civil detention procedures shall be initiated upon
return to the facility. (L. 1985 S.B. 265)

*Original rolls contain "subsection" but is a typographical error.

The provisions of sections 632.315, 632.390, 632.405, 632.410,
632.415, 632.425, 632.435, 632.440, 632.445 and 632.450, RSMo, shall also
apply to court procedures, evaluations, admissions, detention, treatment,
and rehabilitation in alcohol or drug abuse facilities. (L. 1985 S.B.
265, A.L. 1989 S.B. 215 & 58)

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