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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter : Chapter 633 Mental Retardation and Developmental Disabilities
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As used in this chapter, unless the context clearly requires
otherwise, the following terms shall mean:
(1) "Comprehensive evaluation", a study, including a sequence of
observations and examinations, of an individual leading to conclusions
and recommendations formulated jointly by an interdisciplinary team of
persons with special training and experience in the diagnosis and
habilitation of the mentally retarded and developmentally disabled;
(2) "Division", the division of mental retardation and developmental
disabilities of the department of mental health;
(3) "Division director", the director of the division of mental
retardation and developmental disabilities of the department of mental
health, or his designee;
(4) "Mental retardation facility", a private or department facility,
other than a regional center, which admits persons who are mentally
retarded or developmentally disabled for residential habilitation and
other services and which is qualified or licensed as such by the
department pursuant to chapter 630, RSMo. Such terms shall include, but
shall not be limited to, habilitation centers and private or public
residential facilities for persons who are developmentally disabled;
(5) "Regional center", an entity so designated by the department to
provide, directly or indirectly, for comprehensive mental retardation and
developmental disability services under this chapter in a particular
region;
(6) "Respite care", temporary and short-term residential care, sustenance
and supervision of a mentally retarded or developmentally disabled person
who otherwise resides in a family home;
(7) "State advisory council", the Missouri advisory council on mental
retardation and developmental disabilities as created in section 633.020.
(L. 1980 H.B. 1724, A.L. 1990 H.B. 1383)
Effective 1-1-91
CROSS REFERENCE: Definitions affecting this chapter, RSMo 630.005
1. The division of mental retardation and developmental
disabilities, created by the omnibus reorganization act of 1974, section
9, appendix B, RSMo, shall be a division of the department. The division
shall have the responsibility of insuring that mental retardation and
developmental disabilities prevention, evaluation, care, habilitation and
rehabilitation services are accessible, wherever possible. The division
shall have and exercise supervision of division residential facilities,
day programs and other specialized services operated by the department,
and oversight over facilities, programs and services funded or licensed
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 serve persons affected by mental retardation or developmental
disabilities;
(2) Review of mental retardation and developmental disabilities 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 the planning and implementation of 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, habilitation and rehabilitation of mental retardation and
developmental disabilities;
(6) Provision of public information relating to mental retardation and
developmental disabilities and their habilitation;
(7) Cooperation with nonstate governmental agencies and the private
sector in establishing, conducting, integrating and coordinating mental
retardation and developmental disabilities programs and projects;
(8) Cooperation with other state agencies to encourage appropriate health
facilities to serve, without discrimination, persons who are mentally
retarded or developmentally disabled who require medical care and to
provide them with adequate and appropriate services;
(9) Participation in developing and implementing a statewide plan to
alleviate problems relating to mental retardation and developmental
disabilities and to overcome the barriers to their solutions;
(10) Encouragement of coordination of division services with other
divisions of the department and other state agencies;
(11) Encouragement of the utilization, support, assistance and dedication
of volunteers to assist persons affected by mental retardation and
developmental disabilities to be accepted and integrated into normal
community activities;
(12) Evaluation, or the requirement of the evaluation, including the
collection of appropriate necessary information, of mental retardation or
developmental disabilities programs to determine their cost-and-benefit
effectiveness;
(13) Participation in developing standards for residential facilities,
day programs and specialized services operated, funded or licensed by the
department for persons affected by mental retardation or developmental
disabilities. (L. 1980 H.B. 1724)
The division director, subject to the supervision of the
director, shall be the chief administrative officer of his 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 Mental Retardation and
Developmental Disabilities", consisting of up to twenty-five members, the
number to be determined under the council bylaws, is hereby created to
advise the division and the division director.
2. The members of the Missouri planning council for developmental
disabilities, created by executive order of the governor on October 26,
1979, for the remainder of their appointed terms, and up to five persons
to be appointed by the director, for staggered terms of three years each,
shall act as such advisory body. 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. At least one-half of the members shall be
consumers. Other members shall have professional, research or personal
interest in mental retardation and developmental disabilities. At least
one member shall be a manager of or a member of the board of directors of
a sheltered workshop as defined in section 178.900, RSMo. 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. Meetings shall be held at least every ninety days or at the call of
the division director or the council chairman, who shall be elected by
the council.
4. Each member shall be reimbursed for reasonable and necessary expenses,
including travel expenses, pursuant to department travel regulations,
actually incurred in the performance of his official duties.
5. The council may be divided into subcouncils in accordance with its
bylaws.
6. The council shall collaborate with the department in developing and
administering a state plan for mental retardation and developmental
disabilities services.
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 be advisory and shall:
(1) Promote meetings and programs for the discussion of reducing the
debilitating effects of mental retardation and developmental disabilities
and disseminate information in cooperation with any other department,
agency or entity on the prevention, evaluation, care, treatment and
habilitation for persons affected by mental retardation or developmental
disabilities;
(2) Study and review current prevention, evaluation, care, treatment and
rehabilitation technologies and recommend appropriate preparation,
training, retraining and distribution of manpower and resources in the
provision of services to mentally retarded or developmentally disabled
persons 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 department's mental retardation and
developmental disabilities service delivery system for citizens of this
state;
(4) Participate in developing and disseminating criteria and standards to
qualify mental retardation or developmental disability residential
facilities, day programs and other specialized services in this state for
funding or licensing, or both, by the department. (L. 1980 H.B. 1724,
A.L. 1982 H.B. 1565, A.L. 1990 S.B. 527)
The division may provide habilitation and such related services
directly or through contracts with an appropriate residential facility,
day program or specialized service licensed and funded by the department.
(L. 1980 H.B. 1724)
Persons diagnosed as developmentally disabled as defined in 42
U.S.C. 6001, as amended, solely on the basis of a diagnosis of mental
disorder or mental illness as defined in section 630.005, RSMo, shall be
served by appropriate agencies. (L. 1990 H.B. 1383)
Effective 1-1-91
All persons determined eligible for services provided by the
division of mental retardation and developmental disabilities prior to
January 1, 1991, shall be eligible for services on the basis of their
earlier determination of eligibility without regard to their eligibility
status under the definition of developmental disability contained in
section 630.005, RSMo. (L. 1990 H.B. 1383)
Effective 1-1-91
1. The department shall prepare a state plan to secure
coordinated mental retardation and developmental disabilities
habilitation 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
currently served, underserved, unserved or inappropriately served
populations and areas of the state;
(3) An inventory of existing private and public residential facilities,
day programs and other service providers offering mental retardation or
developmental disability evaluation and habilitation services;
(4) Evaluations of the effects of habilitation 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 evaluation and habilitation
services funded by the state;
(d) Rules which set standards for construction, staffing, operations and
programs, as appropriate, for any public or private entity to meet for
receiving state licensing, certification or funding; and
(e) Plans for addressing the particular mental retardation and
developmental disability service needs of each region, including special
strategies for rural and urban unserved, underserved or inappropriately
served populations in areas of the state.
3. In preparing the state plan, the department shall take into
consideration its regional plans. (L. 1980 H.B. 1724)
1. The department of mental health shall develop a plan to
address the needs of persons who are on a waitlist for services,
including persons in habilitation centers waiting for community
placement. Such plan shall reflect the partnership between persons with
developmental disabilities and their families, community providers, and
state officials, and shall support the choice and control of consumers
and their families in the delivery of services and supports. Such plan
shall include the following:
(1) A method to reduce the waitlist for services over a period of five
years and to reduce the waiting period to ninety days;
(2) A description of minimum supports and services available to all
eligible individuals and their families;
(3) An evaluation of the capacity of current providers to serve more
individuals;
(4) A method of adjusting support and service levels based on the needs
of the eligible individual combined with family or other relevant
circumstances affecting the support of such individual;
(5) A method for determining the circumstances when out-of-home
twenty-four-hour care may be necessary;
(6) A description of how the plan will be implemented on a statewide
basis;
(7) Any changes in state law that will be required to implement the plan;
and
(8) An analysis of the budgetary and programmatic effects of providing
supports and services for all eligible individuals and their families.
2. The plan required pursuant to this section shall be completed on or
before November 1, 2003. The director of the department of mental health
shall submit a copy of the plan to the speaker of the house of
representatives, the president pro tem of the senate, and the governor.
(L. 2003 H.B. 59 & 269 merged with S.B. 266)
1. The department of mental health and the department of social
services shall jointly prepare a plan to address the need for mental
health services and supports for:
(1) All of the cases in the custody of the department of social services
that involve children in the system due exclusively to a need for mental
health services, and where there is no instance of abuse, neglect, or
abandonment; and
(2) Children or persons seventeen years of age who are determined by the
court to require mental health services under subdivision (5) of
subsection 1 of section 211.181, RSMo.
2. Such plan shall include:
(1) An analysis of federal funding, including waivers, that may be used
to support the needed mental health services and supports;
(2) An analysis of the budgetary and programmatic impact of meeting the
needs of the children and persons seventeen years of age for mental
health services and supports; and
(3) An analysis of the feasibility, including time frames, of securing
federal funds for the support of the needed mental health services and
supports.
3. The plan required in this section shall be completed on or before
January 1, 2004. The directors of the department of social services and
the department of mental health shall submit a copy of the plan to the
governor, the president pro tem of the senate, and the speaker of the
house of representatives. (L. 2003 S.B. 266 §1)
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. Any council which had duties to advise
any regional center under statutes in effect before August 13, 1980,
shall not be subject to the one-fourth membership restriction for vendors
under this subsection until September 28, 1985.
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
633.040 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 residential facilities, day programs and
specialized services for the mentally retarded and developmentally
disabled;
(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)
1. In addition to such other advisory functions as may be agreed
upon with the division, the regional advisory councils shall review and
advise on programs and policies of the regional centers. The councils
shall review, advise on, and recommend regional program budgets and shall
report to the division director their findings as to their conformity
with the regional plans before they are transmitted to the department to
be considered for inclusion in the department budget request.
2. The regional councils may advise the department, the division and the
regional centers on methods of operation and service delivery which will
assure comprehensive services with the minimum amount of duplication,
fragmentation and unnecessary expenditures. In making such proposals, the
councils shall consider the most appropriate use of existing agencies and
professional personnel providing residential facilities, day programs and
other specialized services for the mentally retarded and developmentally
disabled in their regions.
3. The duties of the regional advisory councils shall include:
(1) Determining the disbursement of the cash stipend as established in
section 633.180 and the family support loan as established in section
633.185;
(2) Providing direction and assistance to the regional center in the
development of a family support plan based upon the needs in the region;
(3) Approval of the regional family support plan;
(4) Monitoring the implementation of the family support plan;
(5) Providing an annual written report to the department of mental health
regarding the activities of the family support council. (L. 1980 H.B.
1724, A.L. 1993 H.B. 330)
The department shall establish regional centers in regions
located throughout the state. (L. 1980 H.B. 1724)
The regional centers shall be the entry and exit points in each
region responsible for securing comprehensive mental retardation and
developmental disability services for clients of the department. The
center shall carry out this responsibility either through contracts
purchasing the required services or through the direct provision of the
services if community-based services are not available, economical or as
effective for the provision of the services. (L. 1980 H.B. 1724)
1. Any person suspected to be mentally retarded or
developmentally disabled shall be eligible for initial diagnostic and
counseling services through the regional centers.
2. If it is determined by a regional center through a comprehensive
evaluation that a person is mentally retarded or developmentally disabled
so as to require the provision of services, and if such person, such
person's parent, if the person is a minor, or legal guardian, requests
that he be registered as a client of a regional center, the regional
center shall, within the limits of available resources, secure a
comprehensive program of any necessary services for such person. Such
services may include, but need not be limited to, the following:
(1) Diagnosis and evaluation;
(2) Counseling;
(3) Respite care;
(4) Recreation;
(5) Habilitation;
(6) Training;
(7) Vocational habilitation;
(8) Residential care;
(9) Homemaker services;
(10) Developmental day care;
(11) Sheltered workshops;
(12) Referral to appropriate services;
(13) Placement;
(14) Transportation.
3. In securing the comprehensive program of services, the regional
centers shall involve the client, his family or his legal guardian in
decisions affecting his care, habilitation, placement or referral.
Nothing in this chapter shall be construed as authorizing the care,
treatment, habilitation, referral or placement of any mentally retarded
or developmentally disabled person to any residential facility, day
program or other specialized service without the written consent of the
client, his parent, if he is a minor, or his legal guardian, unless such
care, treatment, habilitation, referral, or placement is authorized
pursuant to an order of the court under the provisions of chapter 475,
RSMo. (L. 1980 H.B. 1724)
The regional center shall secure services for its clients in the
least restrictive environment consistent with individualized habilitation
plans. As a result of its comprehensive evaluation, the regional center
shall utilize the following entities to secure services:
(1) Agencies serving persons not diagnosed as mentally retarded or
developmentally disabled in which the client would be eligible to receive
available services or in which the services could be made available to
the client through the purchase of assistive or supportive services;
(2) Agencies serving mentally retarded or developmentally disabled
persons in which the client would be eligible to receive available
services or in which services could be made available to the client
through the purchase of assistive or supportive services;
(3) The regional center on a day-program basis;
(4) The regional center for short-term residential services, not to
exceed six months, unless expressly authorized for a longer period by the
division director;
(5) A residential facility licensed through the department placement
program, but not operated by the department;
(6) A mental retardation facility operated by the department for clients
who are developmentally disabled or mentally retarded. (L. 1980 H.B.
1724, A.L. 1990 H.B. 1383)
Effective 1-1-91
1. A regional center may refer a client for admission to a
mental retardation facility only if determined by a comprehensive
evaluation that:
(1) The person has a developmental disability;
(2) Protective services are required to guarantee the health, safety or
mental well-being of the person;
(3) Placement in a mental retardation facility is in the best interests
of the person; and
(4) All other less restrictive services, including but not limited to
family support and supported living, have been explored and found
inadequate to prevent placement in a mental retardation facility.
2. The regional center shall forward its comprehensive evaluation
containing the determination under subsection 1 of this section and such
other records as are necessary to enable the mental retardation facility
to determine whether to accept or reject the referral.
3. The head of a private mental retardation facility may, and the head of
a department mental retardation facility shall, admit the person if, as a
result of reviewing the evaluation, the head of the mental retardation
facility determines that the client is appropriate for admission as a
resident and suitable accommodations are available. If the head of a
department mental retardation facility rejects the referral, the regional
center may appeal the rejection to the division director. After
consulting with the head of the referring regional center and the head of
the department mental retardation facility, the division director shall
determine the appropriate disposition of the client.
4. The person to be admitted, if competent, his parent or legal
custodian, if he is a minor, or his guardian, as authorized by a court,
shall consent to the admission unless otherwise ordered by a court.
5. The head of a mental retardation facility shall have an individualized
habilitation plan for each resident within thirty days of the resident's
admission. Such plan shall include a statement regarding the resident's
anticipated length of stay in the facility and the feasibility of least
restrictive alternatives.
6. If procedures are initiated under chapter 475, RSMo, for the
appointment of a guardian for a resident of a department mental
retardation facility, the referral procedure under this section shall not
apply. (L. 1980 H.B. 1724, A.L. 1990 H.B. 1383)
Effective 1-1-91
1. A resident admitted to a mental retardation facility pursuant
to section 633.120 shall be discharged immediately when the person who
applied for his admission requests the release orally, in writing or
otherwise from the head of the mental retardation facility; except, that
if the head of the mental retardation facility regards the resident as
presenting a likelihood of serious harm to himself or others, the head of
the facility may initiate involuntary detention procedures pursuant to
chapter 632, RSMo, if appropriate, or any individual, including the head
of the facility or the mental health coordinator may initiate
guardianship proceedings and, if appropriate, obtain an emergency
commitment order pursuant to chapter 475, RSMo.
2. A resident shall be discharged from a department mental retardation
facility if it is determined in a comprehensive evaluation or periodic
review that the person is not mentally retarded or developmentally
disabled, and if the resident, parent, if a minor, or guardian consents
to the discharge. If consent is not obtained, the head of the facility
shall initiate appeal proceedings under section 633.135, before a
resident can be discharged.
3. A resident shall either be discharged from a department mental
retardation facility or shall be referred to a regional center for
placement in a least restrictive environment pursuant to section 630.610,
RSMo, if it is determined in a comprehensive evaluation or periodic
review that the following criteria exist:
(1) The resident's condition is not of such a nature that for the
protection or adequate care of the resident or others the resident needs
department residential habilitation or other services;
(2) The mental retardation facility does not offer a program which best
meets the resident's needs; or
(3) The mental retardation facility does not provide the least
restrictive environment feasible. A resident may not be discharged
without his consent or the consent of his parent, if he is a minor, or
guardian unless proceedings have been completed under section 633.135.
4. After a resident's discharge pursuant to subsection 3 of this section,
the resident shall be referred to an appropriate regional center for
assistance in obtaining any necessary services. (L. 1980 H.B. 1724, A.L.
1996 S.B. 884 & 841)
1. At least once every one hundred eighty days, the head of each
mental retardation facility shall cause the condition and status of each
resident to be reviewed and evaluated for the purpose of determining
whether the resident needs further residential habilitation, placement in
the least restrictive environment or discharge.
2. The head of the facility shall initiate proceedings to discharge any
resident whose continued residential habilitation is no longer
appropriate; except, that the head of the facility may refer the resident
to the appropriate regional center for placement pursuant to section
630.610, RSMo.
3. A copy of the evaluation and individualized habilitation plan shall be
sent to any court having jurisdiction over the resident. (L. 1980 H.B.
1724)
1. If a resident, or his parent if he is a minor, or his legal
guardian refuses to consent to the proposed placement or to discharge
from the facility, the head of the mental retardation facility may
petition the director of the division to determine whether the proposed
placement is appropriate under sections 630.610, 630.615 and 630.620,
RSMo, or whether the proposed discharge is appropriate under sections
633.120, 633.125 and 633.130.
2. The division director shall refer the petition to the chairman of the
state advisory council who shall appoint and convene a review panel
composed of three members. At least one member of the panel shall be a
parent or guardian of a resident who resides in a department mental
retardation facility. The remaining members of the panel shall be persons
who are from nongovernmental organizations or groups concerned with the
prevention of mental retardation, evaluation, care and habilitation of
mentally retarded persons and who are familiar with services and service
needs of mentally retarded persons in facilities operated by the
department. No member of the panel shall be an officer or employee of the
department.
3. After prompt notice and hearing, the panel shall determine whether the
proposed placement is appropriate under sections 630.610, 630.615 and
630.620, RSMo, or whether the proposed discharge is appropriate under
sections 633.120, 633.125 and 633.130. The hearing shall be
electronically recorded for purposes of obtaining a transcript. The
council shall forward the tape recording, recommended findings of fact,
conclusions of law and decision to the director who shall enter findings
of fact, conclusions of law and the final decision. Notice of the
director's decision shall be sent to the resident, or his parent if he is
a minor, or his guardian, by registered mail, return receipt requested.
The director shall expedite this review in all respects.
4. If the resident, or his parent if he is a minor, or his guardian
disagrees with the decision of the director, he may appeal the decision,
within thirty days after notice of the decision is sent, to the circuit
court of the county where the resident, or his parent if he is a minor,
or his guardian resides. The court shall review the record, proceedings
and decision of the director not only under the provisions of chapter
536, RSMo, but also as to whether or not the head of the facility
sustained his burden of proof that the proposed placement is appropriate
under sections 630.110, 630.115 and 630.120, RSMo, or the proposed
discharge is appropriate under sections 633.120, 633.125 and 633.130. The
court shall expedite this review in all respects. Notwithstanding the
provisions of section 536.140, RSMo, a court may, for good cause shown,
hear and consider additional competent and material evidence.
5. Any resident of a mental retardation facility who is age eighteen or
older and who does not have a legal guardian shall not be discharged
unless probate division of the circuit court approval is obtained to
confirm that the resident is not in need of the care, treatment or
programs now being received in the mental retardation facility.
6. The notice and procedure for the hearing by the panel shall be in
accordance with chapter 536, RSMo.
7. In all proceedings either before the panel or before the circuit
court, the burden of proof shall be upon the head of the facility to
demonstrate by preponderance of evidence that the proposed placement is
appropriate under the criteria set forth in sections 630.610, 630.615,
and 630.120, RSMo, or that the proposed discharge is appropriate under
the criteria set forth in sections 633.120, 633.125 and 633.130.
8. Pending a convening of the hearing panel and the final decision of the
director or the court, if the director's decision is appealed, the
department shall not place or discharge the resident from a facility
except that the department may temporarily transfer such resident in the
case of a medical emergency.
9. There shall be no disciplinary action against any state employee who
in good faith testifies or otherwise provides information or evidence in
regard to a proposed placement or discharge. (L. 1980 H.B. 1724)
1. If any resident leaves a mental retardation facility without
authorization, the sheriff of the county where the resident is found
shall apprehend and return him to the center if requested to do so by the
head of the facility.
2. The head of the facility may request the return of an absent resident
pursuant to subsection 1 of this section only when one of the following
circumstances exists:
(1) The resident is a minor whose admission was applied for by his parent
or legal custodian, and such parent or guardian has not requested the
resident's release;
(2) The resident is a minor under the jurisdiction of the juvenile court;
(3) The resident has been declared legally incapacitated and his guardian
has not requested his release; or
(4) The resident's condition is of such a nature that, for the protection
of the resident or others, the head of the facility determines that the
resident's return to the facility is necessary. Such determination shall
be noted in the resident's records. (L. 1980 H.B. 1724, A.L. 1983 S.B. 44
& 45)
1. The department may transfer a resident from one department
mental retardation facility to another if the division director
determines that such transfer is desirable to provide the resident
improved habilitation or other services, to better insure his safety and
welfare, or to locate him in closer proximity to his family and friends.
2. Transfers may only be made to a private mental retardation facility
pursuant to section 630.610, RSMo.
3. Determinations by the division director pursuant to this section shall
be written and noted in the resident's records. The division director
shall notify the resident, his guardian or next of kin of such
determination. The department shall not transfer any resident unless it
receives the consent of the resident, his guardian or his parent, if the
resident is a minor. (L. 1980 H.B. 1724)
The head of a mental retardation facility may transfer a
resident to a mental health facility only under the provisions of chapter
632, RSMo. The director shall order that such resident be returned to the
mental retardation facility when the resident is no longer in need of
psychiatric care and treatment. (L. 1980 H.B. 1724)
1. The division may provide or obtain respite care for a
mentally retarded or developmentally disabled person for respite care of
up to twenty-one days which may be extended up to an additional
twenty-one days for good cause shown. Any additional respite care beyond
forty-two days within a one-year period shall be expressly approved by
the director of the division.
2. Notwithstanding the provisions of section 633.120 and section 475.120,
RSMo, a regional center may admit a mentally retarded or developmentally
disabled person who has been declared legally incapacitated for respite
care without a court order authorizing the guardian of such person to
obtain such care of up to twenty-one days for good cause shown. (L. 1980
H.B. 1724, A.L. 1983 S.B. 44 & 45, A.L. 1990 H.B. 1383)
Effective 1-1-91
If a person presents himself, or is presented, to a regional
center or department mental retardation facility and is determined to be
mentally retarded or developmentally disabled and, as a result, presents
an imminent likelihood of serious harm to himself or others as defined in
chapter 632, RSMo, the regional center or mental retardation facility may
accept the person for detention for evaluation and treatment for a period
not to exceed ninety-six hours under the same procedures contained in
chapter 632, RSMo. The head of the regional center or mental retardation
facility may initiate guardianship proceedings to have the person
detained beyond the ninety-six hours under chapter 475, RSMo, or may
refer the person to a mental health facility, if the person is mentally
ill, for further detention under the procedures in chapter 632, RSMo. (L.
1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)
As used in sections 633.170 to 633.195 and section 208.500,
RSMo, the following terms mean:
(1) "Adult", a person eighteen years of age or older;
(2) "Child", a person under the age of eighteen;
(3) "Developmental disability", a disability which:
(a) Is attributable to:
a. Mental retardation, cerebral palsy, epilepsy, head injury or autism,
or a learning disability related to a brain dysfunction; or
b. Any other mental or physical impairment or a combination of mental and
physical impairments;
(b) Is manifested before the person attains age twenty-two;
(c) Is likely to continue indefinitely; and
(d) Results in substantial functional limitations in two or more of the
following areas of major life activities:
a. Self-care;
b. Receptive and expressive language development and use;
c. Learning;
d. Self-direction;
e. Capacity for independent living or economic self-sufficiency; and
f. Mobility;
(e) Reflects the person's need for a combination and sequence of special,
interdisciplinary or generic care, or other services;
(f) Reflects the person's need for services and supports which may be of
lifelong or extended duration and are individually planned and
coordinated;
(4) "Family or private caregiver", the person or persons with whom the
individual who has a developmental disability resides or who is primarily
responsible for the physical care, education, health, and nurturing of
the person with a disability. The term does not apply to persons
providing care through hospitals, habilitation centers, nursing homes,
group homes, or any other such institution;
(5) "Family support", services and helping relationships whose purpose is
to maintain and enhance family caregiving. Family support may be one or
many services that enable individuals with disabilities to reside within
the family home and remain integrated within their community and are:
(a) Based on individual and family needs;
(b) Identified by the family;
(c) Easily accessible for the family;
(d) Flexible and varied to meet the ever changing needs of family members;
(e) Provided in a timely manner; and
(f) Family centered and culturally sensitive;
(6) "Family support program", a coordinated system of family support
services which enhance family caregiving, strengthen family functioning,
reduce family stress, foster community integration, promote individual
and family independence and encourage economic self-sufficiency for the
purpose of helping children with developmental disabilities remain with
their families. (L. 1993 H.B. 330 § 1)
1. Each regional center established pursuant to the provisions
of section 633.040 shall make its community aware of the family support
program and determine eligibility for services.
2. Each regional advisory council established pursuant to the provisions
of section 633.190 shall administer the family support program from
resources provided by each regional center. (L. 1993 H.B. 330 § 2)
1. A family with an annual income of sixty thousand dollars or
less which has a child with a developmental disability residing in the
family home shall be eligible to apply for a cash stipend from the
division of mental retardation and developmental disabilities in an
amount to be determined by the regional advisory council. Such cash
stipend amount shall not exceed the maximum monthly federal Supplemental
Security Income payment for an individual with a developmental disability
who resides alone. Such stipend shall be paid on a monthly basis and
shall be considered a benefit and not income to the family. The stipend
shall be used to purchase goods and services for the benefit of the
family member with a developmental disability. Such goods and services
may include, but are not limited to:
(1) Respite care;
(2) Personal and attendant care;
(3) Architectural and vehicular modifications;
(4) Health- and mental health-related costs not otherwise covered;
(5) Equipment and supplies;
(6) Specialized nutrition and clothing;
(7) Homemaker services;
(8) Transportation;
(9) Integrated community activities;
(10) Training and technical assistance; and
(11) Individual, family and group counseling.
2. Application for such stipend shall be made to the appropriate regional
center. The regional center shall determine the eligibility of the
individual to receive services from the division and the division shall
forward the application to the regional advisory council to determine the
amount of the stipend which may be approved by the council.
3. The family support program shall be funded by moneys appropriated by
the general assembly; however, the family support program shall not
supplant other programs funded through the division of mental retardation
and developmental disabilities. (L. 1993 H.B. 330 § 3)
1. The division of mental retardation and developmental
disabilities, subject to appropriation by the general assembly, is
authorized to implement and administer, as part of the family support
program, a family support loan program, which shall provide a family with
an annual income of sixty thousand dollars or less which has an
individual with a developmental disability residing in the home, with
low-interest, short-term loans to purchase goods and services for the
family member with a developmental disability.
2. Interest rates on loans made pursuant to the provisions of this
section shall be no more than one percent above the prime interest rate
as determined by the federal reserve system on the date the loan is
approved. Loans may be for a maximum period of sixty months and the
outstanding loan amount to any family may be no more than ten thousand
dollars.
3. Applications for loans shall be made to the appropriate regional
center. The regional center shall determine the eligibility of the
individual to receive services from the division and the division shall
forward the application to the regional advisory council to determine the
amount of the loan which may be approved by the council.
4. There is hereby created in the state treasury for use by the
department of mental health a fund to be known as the "Family Support
Loan Program Fund". Moneys deposited in the fund shall be appropriated to
the director of the department of mental health to be used for loans
pursuant to this section. The fund shall consist of moneys appropriated
by the general assembly for starting the fund and money otherwise
deposited according to law. Any unexpended balance in the fund at the end
of any biennium, not to exceed twice the annual loans made pursuant to
this act* in the previous fiscal year, is exempt from the provisions of
section 33.080, RSMo, relating to the transfer of unexpended balances to
the ordinary revenue fund. (L. 1993 H.B. 330 § 4)
*"This act" (H.B. 330, 1993) contains numerous sections. Consult
Disposition of Sections table for definitive listing.
1. The division of mental retardation and developmental
disabilities, in cooperation with the Missouri planning council for
developmental disabilities, shall adopt policies and procedures and, when
necessary, shall promulgate rules and regulations regarding:
(1) Program guidelines and specifications;
(2) Additional duties of the regional advisory councils;
(3) Annual evaluation of services provided by each regional center,
including an assessment of consumer satisfaction;
(4) Coordination of the family support program and the use of its funds
throughout the state and within each region, with other publicly funded
programs, including Medicaid;
(5) Methodology for allocating resources to families with the funds
available;
(6) Resolution of grievances filed by families pertaining to actions of
the family support program;
(7) Methodology for outreach and education.
2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1993 H.B. 330 § 5, A.L. 1995
S.B. 3)
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