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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : CORRECTIONAL AND PENAL INSTITUTIONS
Chapter : Chapter 219 Youth Services
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1. As used in sections 219.011 to 219.086, unless the context
clearly indicates otherwise, the following terms mean:
(1) "Aftercare supervision", treatment and control of children in the
community under the jurisdiction of the division;
(2) "Board", the state advisory board of youth services;
(3) "Child", a person under eighteen years of age;
(4) "Commit", to transfer legal and physical custody;
(5) "Community based treatment", a treatment program which is locally or
regionally based;
(6) "Department", the department of social services;
(7) "Director", the director of the division of youth services;
(8) "Division", the division of youth services.
2. When consistent with the intent of sections 219.011 to 219.086, the
singular includes the plural, the plural the singular and the masculine
the feminine. (L. 1975 S.B. 170 § 1, A.L. 1989 H.B. 502, et al.)
1. The division is responsible within the terms of sections
219.011 to 219.086, for the prevention and control of juvenile
delinquency and the rehabilitation of children.
2. The division shall be responsible for the development and
administration of an effective statewide comprehensive program of youth
services. This shall include, but not be limited to:
(1) Providing for the reception, classification, care, activities,
education and rehabilitation of all children committed to the division;
(2) Administering the interstate compact on juveniles;
(3) Collecting statistics and information relating to the nature, extent,
and causes of, and conditions contributing to the delinquency of children;
(4) Evaluating existence and effectiveness of delinquency prevention and
rehabilitation programs;
(5) Preparing a master plan for the development of a statewide
comprehensive system of delinquency prevention, control and
rehabilitation services;
(6) Providing from funds specifically appropriated by the legislature for
this purpose, financial subsidies to local units of government for the
development of community-based treatment services;
(7) Developing written instructional, informational, and standard setting
materials relating to state and local delinquency prevention, control and
rehabilitation programs, as herein provided;
(8) Cooperating with and assisting within the scope of sections 219.011
to 219.086, other public and voluntary agencies and organizations in the
development and coordination of such programs; and
(9) Upon request:
(a) Assist local units of government in the development of community-
based treatment services; and
(b) Provide technical assistance and consultation to law enforcement
officials, juvenile courts, and other community child care agencies.
3. The division shall be responsible for carrying out all functions,
duties, and responsibilities pertaining to the prevention of juvenile
delinquency as may be assigned to it by the director, including, but not
limited to:
(1) Comprehensive planning and provision of technical assistance for
statewide and local programs for the diversion of children from the
juvenile justice system, to the extent that diversion can be safely
accomplished with due regard to the safety of the community and the
well-being of the children involved;
(2) Developing programs for the training and development of professional,
paraprofessional, and volunteer personnel in this field;
(3) Cooperating with and assisting other agencies serving children and
youth; and
(4) Promoting the strengthening and expansion of those programs which
have been shown to be effective in reducing juvenile crime.
4. The division shall cause to be made and maintained full and complete
written records of all studies and examinations and of the conclusions
and recommendations based thereon; of all major decisions and orders
concerning the disposition and treatment of every child with respect to
whom the division provides, or arranges to have provided, care,
treatment, and supervision pursuant to sections 219.011 to 219.086; and
to maintain records of all business transactions necessary for proper
conduct and maintenance of the division.
5. The division is authorized to enter into arrangements with the federal
government for the receipt of federal funds to carry out the purposes of
sections 219.011 to 219.086 and, for the achievement of that objective,
may enter into contracts and agreements with and submit such plans and
reports to the federal government as may be required and which are not
contrary to the provisions of this or any other act.
6. The division, pursuant to regulations promulgated by it, shall
establish comprehensive training programs for persons employed by it or
to be employed by it in carrying out the provisions of sections 219.011
to 219.086 and for persons employed or to be employed by agencies and
organizations, both public and private, engaged in activities relating to
the prevention of delinquency and the provision of care and treatment to
delinquent children.
7. The division may provide the costs of stipends and tuition, allowances
for travel and subsistence expenses and, with respect to employees of the
division granted leave to undertake approved training, continuation of
the salaries and other benefits of such employees.
8. The division may, at the request of the circuit court, provide or
supplement juvenile court services for children in that circuit, the
extent of the services to be specified by written agreement between the
division and the court. Children who receive such services shall remain
under the supervision of the juvenile court and shall not be committed to
the division without full and proper hearing as provided under subsection
1 of section 211.171, RSMo.
9. Upon the request of the division, with the written consent of the
director of the department, the office of administration shall draw a
warrant payable to the business manager of the division or any of its
facilities, in an amount to be specified by the director of the
department, not to exceed, however, the sum of four thousand dollars for
each such facility. The sum shall be administered by the business manager
as a revolving fund to be used in the payment of incidental expenses of
the facility for which he has been appointed. All expenditures shall be
made in accordance with rules and regulations established by the office
of administration.
10. 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. 1975 S.B. 170 §§ 2, 3, A.L.
1993 S.B. 52, A.L. 1995 S.B. 3)
1. Except as provided in subsections 2 and 3 of this section,
any child may be committed to the custody of the division when the
juvenile court determines a suitable community-based treatment service
does not exist, or has proven ineffective; and when the child is
adjudicated pursuant to the provisions of subdivision (3) of subsection 1
of section 211.031, RSMo, or when the child is adjudicated pursuant to
subdivision (2) of subsection 1 of section 211.031, RSMo, and is
currently under court supervision for adjudication under subdivision (2)
or (3) of subsection 1 of section 211.031, RSMo. The division shall not
keep any child beyond his eighteenth birth date, except upon petition and
a showing of just cause in which case the division may maintain custody
until the child's twenty-first birth date. Notwithstanding any other
provision of law to the contrary, the committing court shall review the
treatment plan to be provided by the division. The division shall notify
the court of original jurisdiction from which the child was committed at
least three weeks prior to the child's release to aftercare supervision.
The notification shall include a summary of the treatment plan and
progress of the child that has resulted in the planned release. The court
may formally object to the director of the division in writing, stating
its reasons in opposition to the release. The director shall review the
court's objection in consideration of its final approval for release. The
court's written objection shall be made within a one-week period after it
receives notification of the division's planned release; otherwise the
division may assume court agreement with the release. The division
director's written response to the court shall occur within five working
days of the court's objection and preferably prior to the release of the
child. The division shall not place a child directly into a precare
setting immediately upon commitment from the court until it advises the
court of such placement.
2. No child who has been diagnosed as having a mental disease or a
communicable or contagious disease shall be committed to the division;
except the division may, by regulation, when facilities for the proper
care and treatment of persons having such diseases are available at any
of the facilities under its control, authorize the commitment of children
having such diseases to it for treatment and training in such
institution. Notice of any such regulation shall be promptly mailed to
the judges and juvenile officers of all courts having jurisdiction of
cases involving children.
3. When a child has been committed to the division, the division shall
forthwith examine the individual and investigate all pertinent
circumstances of his background for the purpose of facilitating the
placement of the child in the most appropriate program or residential
facility to assure the public safety and the rehabilitation of the child;
except that, no child committed under the provisions of subdivision (2)
of subsection 1 of section 211.031, RSMo, may be placed in the regional
facilities at the W. E. Sears Youth Center at Poplar Bluff or the Hogan
Street Regional Youth Center at St. Louis, unless the juvenile is
subsequently adjudicated under subdivision (3) of subsection 1 of section
211.031, RSMo.
4. The division may transfer any child under its jurisdiction to any
other institution for children if, after careful study of the child's
needs, it is the judgment of the division that the transfer should be
effected. If the division determines that the child requires treatment by
another state agency, it may transfer the physical custody of the child
to that agency, and that agency shall accept the child if the services
are available by that agency.
5. The division shall make periodic reexaminations of all children
committed to its custody for the purpose of determining whether existing
dispositions should be modified or continued. Reexamination shall include
a study of all current circumstances of such child's personal and family
situation and an evaluation of the progress made by such child since the
previous study. Reexamination shall be conducted as frequently as the
division deems necessary, but in any event, with respect to each such
child, at intervals not to exceed six months. Reports of the results of
such examinations shall be sent to the child's committing court and to
his parents or guardian.
6. Failure of the division to examine a child committed to it or to
reexamine him within six months of a previous examination shall not of
itself entitle the child to be discharged from the custody of the
division but shall entitle the child, his parent, guardian, or agency to
which the child may be placed by the division to petition for review as
provided in section 219.051.
7. The division is hereby authorized to establish, build, repair,
maintain, and operate, from funds appropriated or approved by the
legislature for these purposes, facilities and programs necessary to
implement the provisions of sections 219.011 to 219.086. Such facilities
or programs may include, but not be limited to, the establishment and
operation of training schools, maximum security facilities, park camps,
regional facilities, group homes, family foster homes, aftercare,
counseling services, educational services, and such other services as may
be required to meet the needs of children committed to it. The division
may terminate any facility or program no longer needed to meet the needs
of children.
8. The division may institute day release programs for children committed
to it. The division may arrange with local schools, public or private
agencies, or persons approved by the division for the release of children
committed to the division on a daily basis to the custody of such
schools, agencies, or persons for participation in programs.
9. The division may establish and offer on-the-job vocational training to
develop work habits and equip children committed to it with marketable
skills. Such training shall not exceed eight hours per day. The division
may provide for the payment of reasonable wages or allowances for work or
tasks performed by a child committed to the division. For any work
performed by a child committed to the division in any state park or park
work camp, the state park board is hereby authorized, out of
appropriations made to it, to pay wages not in excess of fifteen dollars
per month to each child. All funds paid to the child in accordance with
this section shall be deposited with the director and not less than
one-half of this amount shall be paid monthly to the child. The balance
of such funds shall be held in trust by the director for payment to the
child at the time of his release from a facility.
10. The division shall make all reasonable efforts to ensure that any
outstanding judgment entered in accordance with section 211.185, RSMo, or
any outstanding assessments ordered in accordance with section 211.181,
RSMo, be paid while a child is in the care, custody or control of the
division. (L. 1975 S.B. 170 § 4, A.L. 1980 S.B. 512, A.L. 1981 H.B. 643,
A.L. 1987 S.B. 244, A.L. 1993 S.B. 88, A.L. 1995 H.B. 174, et al.)
Any products made by youth in a program or facility established
by the division of youth services pursuant to section 219.021 which are
suitable for sale may be offered for sale to the public by the division
at a price not to exceed one hundred ten percent of the actual cost of
supplies and materials used in making such products. Any proceeds
received by the division from the sale of products pursuant to this
section shall be deposited in the "Youth Services Products Fund" which is
hereby established in the state treasury. Moneys in the fund shall be
used solely to replenish the supply of materials used in making such
products. (L. 2003 H.B. 356)
1. Subject to the provisions of subsection 1 of section 219.021,
the division is authorized to release on aftercare supervision children
committed to its control; to impose conditions upon which aftercare
supervision is granted; to revoke and terminate aftercare supervision;
and to discharge from legal custody. With respect to any child who has
been placed on aftercare supervision, if in the opinion of the child's
aftercare supervisor or a designated employee of the division the child
is in substantial violation of the terms and condition of his release,
such employee may:
(1) Notify the child and his parents or guardian of a hearing to
determine if there is reasonable grounds to believe the child has
violated the conditions of his release; and may also
(2) Take the child immediately into custody and place him in an
appropriate residential child caring facility or detention facility or
other appropriate program until a prompt determination as to the child's
future care and treatment is made by the director, if the employee has
reason to believe that permitting the child to remain in his own home
would be dangerous to him or to the community or that the child is about
to flee the jurisdiction of the court.
2. The hearing referred to in subdivision (1) of subsection 1 of this
section shall be heard by an employee designated by the director, but not
the employee requesting the hearing, and shall afford the child and his
parents or guardian and their legal counsel, if any, full opportunity to
be heard and to present any information as may be deemed relevant and
shall be held as near as practicable to the child's county or residence.
3. The child or his parents or guardian may request a rehearing before
the director as provided in section 219.051.
4. When called upon by any designated employee of the division, all peace
officers shall assist in taking a child into custody pursuant to the
provisions of this section.
5. All law enforcement agencies shall detain, upon request, children
alleged by the division to have violated the conditions of aftercare
supervision pending return of the child to the division. Detention of the
child shall be in an appropriate facility and until a hearing is held,
but in no event, longer than ten days.
6. The division shall terminate the supervision of any child placed on
aftercare supervision upon determining the child is no longer in need of
supervision or upon his eighteenth birthday. The division shall
immediately notify in writing the child, his parents or guardian and the
committing court of the termination of its supervision over the child.
(L. 1975 S.B. 170 § 5, A.L. 1987 S.B. 244)
1. The division shall be administered by a director who shall be
appointed by the director of the department.
2. The director shall be a resident of the state of Missouri while
serving as director. The director shall have broad experience and
demonstrated expertise in the development, operation, and administration
of programs for children and shall be selected for his recognized
ability, character and integrity.
3. Before entering upon his duties, the director shall take an oath or*
affirmation to support the Constitution of the United States and of the
state of Missouri and to faithfully perform the duties of his office; and
shall enter into good and sufficient corporate surety bond, conditioned
upon the faithful performance of his duties, said bond to be approved by
the attorney general as to form, and by the governor as to sufficiency;
the premium on the bond to be paid by the state.
4. The director shall devote full time to his official duties.
5. The director shall receive as his total compensation an annual salary
in an amount to be determined by the department director and shall be
entitled to reimbursement for actual and necessary expenses incurred in
the performance of his official duties. (L. 1975 S.B. 170 § 6)
*Word "of" appears in original rolls.
1. The director, subject to the supervision of the department
director, shall employ all employees, as provided in chapter 36, RSMo,
and is authorized to employ in any appropriate capacity any person
qualified under the provisions of sections 219.011 to 219.086 even though
such person has previously been convicted of a crime.
2. The director shall set forth the duties and responsibilities of all
employees of the division.
3. The director shall prepare and update a master plan covering a period
of not less than five years outlining the structural, legislative, and
program and facility changes necessary for improvement of services to
children committed to it.
4. The director shall also prepare an annual report which shall consist
of a description of progress made toward the achievement of objectives
contained in the master plan; a statistical analysis of juvenile
delinquency in Missouri, including, but not limited to, the number and
rates of juvenile arrests, juvenile detentions, juvenile court referrals
and court dispositions for the entire state and within the jurisdiction
of each circuit.
5. The master plan and each subsequent annual report shall be transmitted
to the governor, the legislature, the director of the department, the
juvenile courts, and upon request, to other interested persons and
agencies.
6. All officers and employees of the state and of every county and city
shall furnish to the director, on an annual basis, such statistics and
other information within their knowledge and control as the director
deems necessary or proper to be collected pursuant to the provisions of
sections 219.011 to 219.086.
7. The director shall establish written policy and procedures for the
administration of the division and shall promulgate necessary rules and
regulations pursuant to section 219.016 and chapter 536, RSMo, which,
together with any amendments thereto, shall be kept on file at the
principal office of the division, shall constitute a public record and be
subject to the inspection by any person at all reasonable times.
8. The director is hereby authorized to enter into contract with any
qualified individual, agency, or institution for the purchase of services
required to meet the needs of children committed to the division's
charge, when it can be shown that the purchase of such services is more
economical, effective or practical than for such services to be provided
directly by the division. No contract shall be made under sections
219.011 to 219.086 contrary to the provisions of article I, section 7 or
article IX, section 8 of the Constitution of Missouri.
9. The director is authorized to serve as an agent of the state in
entering into agreements with the appropriate agency of the federal
government to provide care and treatment for a child found by a federal
court to be delinquent and committed to the custody of the Attorney
General of the United States pursuant to the provisions of 18 U.S.C.
5031-5037, inclusive, as amended. Such agreement shall be upon such terms
and conditions and shall provide for such compensation as may be mutually
agreed upon between the division and the appropriate agency of the
federal government. Funds received as compensation under such agreement
shall be placed in the state treasury and shall be used, upon
appropriation, by the division for carrying out the purposes of sections
219.011 to 219.086. (L. 1975 S.B. 170 § 7, A.L. 1993 S.B. 52)
1. To encourage the development of community based treatment
services, the director is hereby authorized to administer an incentive
subsidy program to assist local units of government in the development,
implementation, and operation of community based treatment programs
including, but not limited to, preventive or diversionary programs,
probation services, community based treatment centers, and facilities for
the detention, confinement, care and treatment of children under the
purview of chapter 211, RSMo.
2. The director shall, pursuant to the administrative procedures act,
chapter 536, RSMo, promulgate rules establishing standards of eligibility
for local units of government to receive funds under sections 219.011 to
219.086. Rule and regulation making power shall be subject to the
provisions of section 219.016, subsection 6.
3. In determining the purposes for which funds will be expended by the
juvenile court judge, he shall appoint an advisory committee
representative of the county's population. The committee shall actively
participate in the formulation of plans for the proper expenditure of
funds and shall cooperate and assist in the implementation of these
plans. Members of the advisory committee shall receive no compensation.
4. The juvenile court judge shall submit to the director a written report
containing a program description, method of implementation, and budget of
all projects proposed to be funded under this provision. Upon approval of
this report by the director, the county shall be eligible to receive
subsidy.
5. The director shall visit or cause to be visited each program and
facility funded by this provision, the purpose of such visits to be the
examination of facilities, programs, books, and records. He shall make
written recommendations for needed changes or improvements.
6. When the director shall determine that there are reasonable grounds to
believe that a county is not in compliance with the operating standards
established pursuant to subsection 2 of this section, at least thirty
days' notice shall be given the county and a hearing shall be held to
ascertain whether progress has been made toward compliance. The director
may suspend all or a portion of any subsidy until the required standard
of operation has been met.
7. Any county may purchase selected services from the division by
contract as provided in sections 219.011 to 219.086. The director shall
annually determine the costs of providing such services and all charges
shall be deducted from the subsidy due and payable to the county
concerned, provided that no contract shall exceed in cost the amount of
subsidy to which the participating county is eligible.
8. Participating counties shall not diminish or reduce their level of
spending for juvenile correctional programs in order to remain eligible
to receive subsidy for the specific program being subsidized. (L. 1975
S.B. 170 § 8)
1. The board shall have such specific authority and
responsibility as defined in sections 219.011 to 219.086 and the general
authority to advise the director, the legislature and the general public
on all matters pertaining to the purposes of sections 219.011 to 219.086
and the operation of the division. The board shall consist of fifteen
members who shall be appointed by the director of the department.
2. The membership shall be comprised of public officials, professionals,
and representatives of the general public who possess knowledge and
experience in health, education, social, correctional, or legal services
for children. The membership shall be representative of the various
geographic regions and socioeconomic population of the state. Members of
the board shall be residents of the state of Missouri. Not more than
eight members of the board shall be from the same political party. The
members of the board holding office on September 28, 1975, shall continue
in office until the expiration of the term to which they were appointed.
The director of the department shall appoint those members to be
appointed after September 28, 1975, for staggered terms so not more than
one-third of the terms of the board members shall expire in any one
calendar year. The terms of the members first appointed after September
28, 1975, shall commence on July 1, 1976. As the terms of office of the
members in office on September 28, 1975, and of the members appointed
after September 28, 1975, expire, their successors shall be appointed for
a term of four years.
3. Before entering upon their duties, members of the board shall
subscribe to an oath or* affirmation to support the Constitution of the
United States and of the state of Missouri and to faithfully perform the
duties of their office.
4. The board shall meet with the director a minimum of four times each
year for the purpose of reviewing the activities of the division. The
board or a committee thereof shall visit each facility of the division as
frequently as it deems necessary and shall file a written report with the
governor, director, director of the department and the legislative
library regarding conditions they observed relating to the care and
treatment of children assigned to the facility and any other matters
pertinent in their judgment. (L. 1975 S.B. 170 § 9)
*Word "of" appears in original rolls.
1. Any person serving as a member of a board or commission may
indicate that such member wishes to contribute all or any part of the per
diem or expense reimbursement received for such service on the board or
commission to a fund to be administered by the division of youth services
for the counseling, treatment and therapy of children who have been
sexually, physically or emotionally abused. The office of administration
shall design vouchers for the payment of the per diem or expense
reimbursement to allow the person to designate if all or part of the
money the person is entitled to receive is to be deposited in the "Youth
Services Treatment Fund", which is hereby created in the state treasury.
All per diem and expense reimbursement amounts which are contributed
shall be deposited with the state treasurer in the fund. The division of
youth services advisory board created in chapter 219, RSMo, shall make
recommendations to the governor and the department of social services for
the expenditure of the money in the fund.
2. Notwithstanding the provisions of section 33.080, RSMo, moneys in the
fund at the end of any biennium shall not be transferred to the general
revenue fund. (L. 1997 H.B. 641 & 593 § 3)
1. Any child committed to the division and the parent or
guardian of such child shall be informed of their right to petition the
director in accordance with promulgated rules and regulations for a
hearing with respect to:
(1) The failure to examine such child in accordance with the provisions
of subsection 3 of section 219.021;
(2) The failure to reexamine such child within six months after a
previous examination, in accordance with the provisions of subsection 5
of section 219.021;
(3) Any placement decision required to be made by the division pursuant
to the provisions of sections 219.011 to 219.086;
(4) A request to the director for a rehearing from a determination of
violations of the terms and conditions of a child's aftercare
supervision, as provided in section 219.026; and
(5) The taking of such child into custody for violations of the terms and
conditions of his aftercare supervision as provided in section 219.026.
2. The director shall within thirty days of the receipt of such petition,
afford such child or his parents, guardian, or legal counsel an
opportunity for a full and fair hearing, and render a decision on the
petition within five days after the conclusion of such hearing.
3. Pending the determination by the director with respect to a petition
for review filed pursuant to the provisions of subsection 1 of this
section, the authority of the division to take such action, in accordance
with the provisions of sections 219.011 to 219.086 with respect to such
child, shall in no wise be affected. (L. 1975 S.B. 170 § 10)
1. It shall be the duty of the department of health and senior
services to set standards of health care in the facilities operated by
the division, to inspect buildings from the standpoint of health, and to
make periodic inspections and reports in writing to the director as to
the conditions of health and sanitation in the facilities under the
jurisdiction of the division. Any findings considered by the department
of health and senior services to be detrimental to the health or welfare
of a child committed to the division shall be immediately reported to the
director and the director of the department of social services with the
date by which such condition must be corrected or eliminated.
2. It shall be the duty of the department of elementary and secondary
education to set standards of education and school attendance in the
facilities of the division, make periodic inspections and prepare
evaluations of curricula, and to have such authority over the educational
programs as the department has in its administration of the public school
system. Reports of all such inspections and evaluations shall be sent to
the director, the director of the department and the advisory board. (L.
1975 S.B. 170 § 11)
1. Any person who knowingly permits or aids any child to run
away from an institution under the control of the division or conceals
the child with intent of enabling him to elude pursuit is guilty of a
misdemeanor, and upon conviction, shall be punished as provided by law.
2. It shall be the duty of every law enforcement official, and any
official who is designated by the division, to detain, with or without a
warrant, any child who shall have run away from a facility and to hold
him subject to the orders of the division.
3. Disclosure of any information contained in the records of the division
relating to any child committed to it shall be made only in accordance
with regulations prescribed by the division, provided that such
regulations shall provide for full disclosure of such information to the
parents or guardians, or if they be out of this state to the nearest
immediate relative of such child, upon reasonable notice and demand and
to the child fatality review panel reviewing the death of a child
pursuant to section 210.192, RSMo. Any employee or officer of the
division who shall communicate any such information in violation of any
such regulations may be subject to immediate discharge.
4. For all damages to the division or to any property, real or personal,
belonging thereto, actions may be maintained in the name of the division
as such, and all damages levied in such actions shall be paid into the
state treasury and, upon appropriation, shall be used by the division.
(L. 1975 S.B. 170 § 12, A.L. 1994 S.B. 595)
1. Except in case of emergency, the division shall not authorize
or permit any major surgery to be performed upon or general anesthetic to
be administered to any child committed to the division unless specific
written consent thereto shall first have been obtained from the parent or
guardian of such child, or, in the absence of such consent, from the
court which vested legal custody of such child in the division or any
court that has jurisdiction.
2. Upon the recommendation of an attending physician, psychiatrist,
surgeon or dentist, the division may authorize medical, psychiatric,
surgical, or dental care and treatment as may be required by the child.
If the care and treatment is contrary to the religious tenets and beliefs
of such child, the treatment of the child may be authorized by the
division only upon the specific written consent of the parent or guardian
of the child, or, in the absence of such consent, upon the specific
written order of the court which vested legal custody of the child in the
division or any court that has jurisdiction.
3. When the child has been placed by the division in a residential child
caring facility, other than one administered by the division, the person
or persons administering such facility shall have the authority to
provide the child with necessary medical, psychiatric, surgical, or
dental care only to the extent that such authority has been delegated to
such persons with respect to particular children and subject to the same
limitations as are applicable to the division under sections 219.011 to
219.086. (L. 1975 S.B. 170 § 13)
No child committed to the division and awaiting transfer to the
custody of the division or who has been detained in accordance with
subsection 5 of section 219.026 shall be transported or detained in
association with criminals or vicious and dissolute persons. (L. 1975
S.B. 170 § 14)
In all cases in which children are committed to the division,
the juvenile officer, or such person designated by him, shall deliver the
children to the facility designated by the division and shall be allowed
the necessary expenses incurred in such delivery for himself and the
child and in returning therefrom, to be paid by the county. (L. 1975 S.B.
170 § 15)
The division may, at any time, if it finds the child committed
to it is in need of care or treatment other than that which it is
equipped to provide, apply to the court which committed such child for an
order relieving it of custody of such child. The court must make a
determination within ten days and the court shall be vested with full
power to make such disposition of the child as is authorized by law,
including continued commitment. A copy of the order shall be immediately
sent to the director. (L. 1975 S.B. 170 § 16)
Whenever it shall appear to the division that plans for the
rehabilitation of any child committed to it have been made by an
appropriate agency of another state, the division may with the written
approval of the director of the department and the child's parents
deliver the child to the appropriate agency of such other state and
authorize the payment of expenses incurred in connection with sending the
child to such state. (L. 1975 S.B. 170 § 17)
1. As used in this section, the term "department" means:
(1) The office of administration;
(2) The department of agriculture;
(3) The department of conservation;
(4) The department of economic development;
(5) The department of elementary and secondary education;
(6) The department of health and senior services;
(7) The department of higher education;
(8) The department of transportation;
(9) The department of insurance;
(10) The department of labor and industrial relations;
(11) The department of mental health;
(12) The department of natural resources;
(13) The department of public safety;
(14) The department of revenue; and
(15) The department of social services.
2. The division of youth services shall develop and establish a community
work program whereby offenders from age fourteen to eighteen committed to
the custody of the division may be employed in projects developed and
established by any department.
3. The director or chief administrative officer of any department may
request that the director of the division of youth services choose
suitable offenders for employment in work projects developed by the
division. Such projects shall be designed and approved by the director or
chief administrative officer of any department and approved by the
director of the division of youth services.
4. The division of youth services shall retain custody, supervision and
control of any offender employed in a work project developed pursuant to
this section. Any work crew employed in a work project developed pursuant
to this section shall consist of not more than eleven offenders.
5. No offender shall be employed in a work project developed pursuant to
this section if the offender has been convicted of a violent crime or
whose conduct while under the control of the division of youth services
suggests a propensity toward violence. As used in this subsection, the
term "violent crime" means any crime which, in the determination of the
director of the division of youth services, involves violence or the
threat of violence.
6. The department proposing the work project shall supply all plans,
tools and equipment necessary for the completion of work projects
developed pursuant to this section.
7. The department proposing the work project shall supply crew leaders to
direct work crews and supervise the completion of work projects. Such
crew leaders shall be employees of the department proposing the work
project and shall receive from such department and the division of youth
services at least twenty hours of training per year, which shall be
designed to instruct the crew leaders in the skills necessary to perform
their duties.
8. The department proposing the work project and the division of youth
services may promulgate rules to effectuate the purposes of this section
pursuant to chapter 536, RSMo, and section 217.040, RSMo. (L. 1995 H.B.
174, et al. § 217.598)
1. The director of the department of social services may grant
the use of any building or grounds of any of the facilities of the
division of youth services for governmental, private or not-for-profit
activities as long as the activities are compatible with the services of
the division.
2. The director of the department shall notify the commissioner of
administration which governmental, private or not-for-profit entities may
lease such building or grounds pursuant to public bid.
3. The department shall charge such entity at least an amount to cover
the cost of utilities and services that the department furnishes to the
lessee of any building.
4. The term of the lease may be for one year or less, and the lease may
contain an option for one-year renewals of the lease if both parties
agree. The lease shall include conditions that the lessee shall use and
maintain the land or building for uses compatible with the services of
the division. The lease shall by its terms protect the state from
liability for damages occurring on the property.
5. The director of the department shall sign the lease on behalf of the
state. (L. 1996 H.B. 1117 § 1)
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