reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.455 - Patient, absent without permission, return may be requested, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.455. Patient, absent without permission, return may be requested, when. —
1. If requested to do so by the head of a mental health program, the sheriff of the county where a patient absent without authorization is found shall apprehend and return him or her to the program.
2. The head of the program may request the return of an absent patient under subsection 1 of this section only under one or more of the following circumstances:
(1) The patient is a minor whose admission was applied for by his or her parent or legal custodian, who has not requested the minor patient's release;
(2) The patient is a minor under jurisdiction of the juvenile court;
(3) The patient has been declared legally incapacitated and his or her guardian has not requested his or her release;
(4) The patient was committed to the department under chapter 552 or this chapter;
(5) The patient's condition is of such a nature that, for the protection of the patient or others, the head of the program determines that the patient's return to the program is necessary as noted in the patient's records, in which case civil detention procedures shall be initiated upon return to the program.
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(L. 1982 H.B. 1565, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.475 - Sexual psychopaths committed before August 13, 1980, effect — application for release, hearing procedure — law officers to be given notice of probation or discharge.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1982
632.475. Sexual psychopaths committed before August 13, 1980, effect — application for release, hearing procedure — law officers to be given notice of probation or discharge. —
1. Persons committed to the department as criminal sexual psychopaths under statutes in effect before August 13, 1980, shall remain committed under those statutes, except as provided in this section.
2. At any time after commitment, a written application setting forth facts showing that the person committed as a criminal sexual psychopath has improved to the extent that his release will not be incompatible to the welfare of society may be filed with the committing court. The court shall issue an order returning the person to the jurisdiction of the court for a hearing. This hearing shall in all respects be like the original hearing under the statutes in effect before August 13, 1980, to determine the mental condition of the defendant. Following the hearing, the court shall issue an order to cause the defendant either to be placed on probation for a minimum period of three years, or to be returned to the department to continue his commitment; except that upon the expiration of the probationary period and after further hearing by the court, the person may be discharged. When the defendant is placed on probation or discharged, notice of such action shall be given immediately to the law enforcement authorities of the city and county of residence of the defendant, and the city and county where the defendant is to be released.
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(L. 1980 H.B. 1724, A.L. 1982 S.B. 630)
CROSS REFERENCE:
Conviction of offense, on release registration requirements and penalty for failure to comply (Megan's Law), 589.400 to 589.426
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.480 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 01 Jan 2017, 4 histories, see footnote
632.480. Definitions. —
As used in sections 632.480 to 632.513, the following terms mean:
(1)
"Agency with jurisdiction"
, the department of corrections or the department of mental health;
(2)
"Mental abnormality"
, a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others;
(3)
"Predatory"
, acts directed towards individuals, including family members, for the primary purpose of victimization;
(4)
"Sexually violent offense"
, the felonies of rape in the first degree, forcible rape, rape, statutory rape in the first degree, sodomy in the first degree, forcible sodomy, sodomy, statutory sodomy in the first degree, or an attempt to commit any of the preceding crimes, or child molestation in the first, second, third, or fourth degree, sexual abuse, sexual abuse in the first degree, rape in the second degree, sexual assault, sexual assault in the first degree, sodomy in the second degree, deviate sexual assault, deviate sexual assault in the first degree, or the act of abuse of a child involving either sexual contact, a prohibited sexual act, sexual abuse, or sexual exploitation of a minor, or any felony offense that contains elements substantially similar to the offenses listed above;
(5)
"Sexually violent predator"
, any person who suffers from a mental abnormality which makes the person more likely than not to engage in predatory acts of sexual violence if not confined in a secure facility and who:
(a) Has pled guilty or been found guilty in this state or any other jurisdiction, or been found not guilty by reason of mental disease or defect pursuant to section 552.030, of a sexually violent offense; or
(b) Has been committed as a criminal sexual psychopath pursuant to section 632.475 and statutes in effect before August 13, 1980.
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(L. 1998 H.B. 1405, et al. § 1, A.L. 2001 S.B. 267, A.L. 2013 H.B. 215 merged with S.B. 188, A.L. 2014 S.B. 491 merged with S.B. 621)
Effective 1-01-17
(2015) Amendment to definition of sexually violent offense in 2013 was clearly intended to apply retroactively and thus is not unconstitutional under Article I, Section 10. In Matter of the Care & Treatment of Murphy, 477 S.W.3d 77 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.486 - Petition filed by attorney general, when — copy of multidisciplinary team's assessment to be filed with petition.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2001
632.486. Petition filed by attorney general, when — copy of multidisciplinary team's assessment to be filed with petition. —
When it appears that the person presently confined may be a sexually violent predator and the prosecutor's review committee appointed as provided in subsection 5 of section 632.483 has determined by a majority vote, that the person meets the definition of a sexually violent predator, the attorney general may file a petition, in the probate division of the circuit court in which the person was convicted, or committed pursuant to chapter 552, within forty-five days of the date the attorney general received the written notice by the agency with jurisdiction as provided in subsection 1 of section 632.483, alleging that the person is a sexually violent predator and stating sufficient facts to support such allegation. A copy of the assessment of the multidisciplinary team must be filed with the petition.
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(L. 1998 H.B. 1405, et al. § 3, A.L. 1999 H.B. 852, A.L. 2001 S.B. 87)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.492 - Trial — procedure — assistance of counsel, right to jury, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2001
632.492. Trial — procedure — assistance of counsel, right to jury, when. —
Within sixty days after the completion of any examination held pursuant to section 632.489, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced. At all stages of the proceedings pursuant to sections 632.480 to 632.513, any person subject to sections 632.480 to 632.513 shall be entitled to the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist such person. The person, the attorney general, or the judge shall have the right to demand that the trial be before a jury. If the trial is held before a jury, the judge shall instruct the jury that if it finds that the person is a sexually violent predator, the person shall be committed to the custody of the director of the department of mental health for control, care and treatment. If no demand for a jury is made, the trial shall be before the court. The court shall conduct all trials pursuant to this section in open court, except as otherwise provided for by the child victim witness protection law pursuant to sections 491.675 to 491.705.
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(L. 1998 H.B. 1405, et al. § 5, A.L. 1999 H.B. 852 merged with S.B. 1, et al., A.L. 2001 S.B. 267)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.501 - Petition for release — hearing (when director approves).

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2012, 2 histories
632.501. Petition for release — hearing (when director approves). —
If the director of the department of mental health determines that the person's mental abnormality has so changed that the person is not likely to commit acts of sexual violence if released, the director shall authorize the person to petition the court for release. The petition shall be served upon the court that committed the person, the prosecutor of the jurisdiction into which the committed person is to be released, the director of the department of mental health, the head of the facility housing the person, and the attorney general. The hearing and trial, if any, shall be conducted according to the provisions of section 632.498.
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(L. 1998 H.B. 1405, et al. § 8, A.L. 2006 H.B. 1698, et al., A.L. 2012 H.B. 1318)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.504 - Subsequent petitions for release — approval or denial procedures.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 05 Jun 2006, see footnote
632.504. Subsequent petitions for release — approval or denial procedures. —
Nothing in sections 632.480 to 632.513 shall prohibit a person from filing a petition for release pursuant to sections 632.480 to 632.513. However, if a person has previously filed a petition for release without the director's approval and the court determined either upon review of the petition or following a hearing that the petitioner's petition was frivolous or that the petitioner's condition had not so changed that the person was safe to be at large, then the court shall deny the subsequent petition unless the petition contains facts upon which a court could find the condition of the petitioner had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from committed persons without the director's approval, the court shall endeavor whenever possible to review the petition and determine if the petition is based upon frivolous grounds and if so shall deny the petition without a hearing.
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(L. 1998 H.B. 1405, et al. § 9, A.L. 2006 H.B. 1698, et al.)
Effective 6-05-06
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.507 - Attorney general to inform victims — notification of proceedings.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 05 Jun 2006, see footnote
632.507. Attorney general to inform victims — notification of proceedings. —
1. The attorney general shall in a timely manner inform victims of a sexually violent offense committed by a person:
(1) That a written notice has been given by the agency with jurisdiction to the attorney general and the multidisciplinary team pursuant to subsection 1 of section 632.483;
(2) Of the decision of the prosecutor's review committee in determining whether or not the person may be a sexually violent predator;
(3) That a petition has been filed with the circuit court pursuant to section 632.484 or 632.486;
(4) Of the outcome of a trial held pursuant to the provisions of section 632.492;
(5) Of the filing of any petition or pending proceedings held pursuant to the provisions of sections 632.498 to 632.505;
(6) Of the escape of any person committed under sections 632.480 to 632.513.
2. Such victims shall have the right to be present at any proceeding held pursuant to the provisions of sections 632.480 to 632.513. Failure to notify shall not be a reason for postponement of release. Nothing in this section shall create a cause of action against the state or an employee of the state acting within the scope of the employee's employment as a result of the failure to notify pursuant to this section.
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(L. 1998 H.B. 1405, et al. § 10, A.L. 1999 H.B. 852, A.L. 2006 H.B. 1698, et al.)
Effective 6-05-06
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.510 - Release of information, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1999
632.510. Release of information, when. —
In order to protect the public, relevant information and records which are otherwise confidential or privileged shall be released to the agency with jurisdiction or the attorney general for the purpose of meeting the notice requirement provided in section 632.483 or 632.484 and determining whether a person is or continues to be a sexually violent predator.
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(L. 1998 H.B. 1405, et al. § 11, A.L. 1999 H.B. 852)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.513 - Sealed records of proceedings — access permitted, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 01 Jan 1999, see footnote
632.513. Sealed records of proceedings — access permitted, when. —
Any psychological reports, drug and alcohol reports, treatment records, medical records or victim impact statements which have been submitted to the court or admitted into evidence pursuant to sections 632.480 to 632.513 shall be part of the record but shall be sealed and opened only on order of the court or as provided in sections 632.480 to 632.513; provided, however, that any person may have access to their own records or reports.
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(L. 1998 H.B. 1405, et al. § 12)
Effective 1-01-99
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.520 - Offender committing violence against an employee--definitions--penalty--damage of property, violation, penalty.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 01 Jan 2017, 2 histories, see footnote
632.520. Offender committing violence against an employee--definitions--penalty--damage of property, violation, penalty. —
1. For purposes of this section, the following terms mean:
(1)
"Employee of the department of mental health"
, a person who is an employee of the department of mental health, an employee or contracted employee of a subcontractor of the department of mental health, or an employee or contracted employee of a subcontractor of an entity responsible for confining offenders as authorized by section 632.495;
(2)
"Offender"
, a person ordered to the department of mental health after a determination by the court that the person meets the definition of a sexually violent predator, a person ordered to the department of mental health after a finding of probable cause under section 632.489, or a person committed for control, care, and treatment by the department of mental health under sections 632.480 to 632.513;
(3)
"Secure facility"
, a facility operated by the department of mental health or an entity responsible for confining offenders as authorized by section 632.495.
2. No offender shall knowingly commit violence to an employee of the department of mental health or to another offender housed in a secure facility. Violation of this subsection shall be a class B felony.
3. No offender shall knowingly damage any building or other property owned or operated by the department of mental health. Violation of this subsection shall be a class D felony.
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(L. 2014 H.B. 1231 merged with S.B. 852, A.L. 2016 H.B. 2332)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.525 - Abrogation of case law, sexually violent offense definition.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
Effective - 28 Aug 2013
632.525. Abrogation of case law, sexually violent offense definition. —
It is the intent of the legislature to reject and abrogate earlier case law interpretations on the meaning of or definition of
"sexually violent offense"
to include, but not be limited to, holdings in: Robertson v. State, 392 S.W.3d 1 (Mo. App. W.D., 2012); and State ex rel. Whitaker v. Satterfield, 386 S.W.3d 893 (Mo. App. S.D., 2012); and all cases citing, interpreting, applying, or following those cases. It is the intent of the legislature to apply these provisions retroactively.
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(L. 2013 H.B. 215 §1 merged with H.B. 374 & 434 § 1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.550 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1989
632.550. Definitions. —
As used in sections 632.550 to 632.557, the following terms mean:
(1)
"Board"
, the governing board established in section 632.555;
(2)
"Child"
, a person under the age of eighteen years;
(3)
"Demonstration project"
, the project established in section 632.553;
(4)
"Department"
, the department of mental health;
(5)
"Severely emotionally disturbed child"
, a child who exhibits substantial impairment in his ability to function at a developmentally appropriate level due to the presence of a serious psychiatric disorder.
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(L. 1989 H.B. 502, et al. § 1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.553 - Department to designate county for demonstration project — advisory board, members, duties — project goals.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1989
632.553. Department to designate county for demonstration project — advisory board, members, duties — project goals. —
1. Subject to appropriations, the department of mental health shall designate a county in which to establish a three-year demonstration project to design and implement a community-based inter-agency treatment system to serve severely emotionally disturbed children who receive services through public funding. Such county shall be required to fund ten percent of the cost of the project. The director of the department of mental health shall assemble an advisory board, consisting of members who are residents of such county, to plan the demonstration project. It is the intent of the general assembly that the demonstration project provide services that enable severely emotionally disturbed children to remain with their families, attend and make academic progress in public schools and not commit crimes or be incarcerated.
2. The demonstration project shall accomplish the following goals:
(1) Provide services in a manner that gives priority to permitting a child to reside safely in his usual family setting if that is in the best interests of the child;
(2) Ensure that when a joint evaluation indicates that out-of-home care and treatment are required, services are provided for as brief a time as possible, in the least restrictive setting consistent with effective services, and in as close proximity as possible to the child's usual residence;
(3) Develop appropriate services for difficult to place children;
(4) Conduct research into children's mental health service system in order that the system may be evaluated for effectiveness of treatment and cost benefit on an ongoing basis; and
(5) Provide for other counties or regions a replicable model for a comprehensive, coordinated children's mental health service system.
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(L. 1989 H.B. 502, et al. § 2)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.555 - Governing board for project, members, terms, duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1989
632.555. Governing board for project, members, terms, duties. —
1. There is hereby established within the department of mental health a "Governing Board" for the demonstration project established pursuant to section 632.553. The board shall be composed of seven members who are residents of the county selected for the demonstration project. Such members shall be appointed by the director of the department of mental health with the advice and consent of the state mental health commission.
2. Board members shall serve for the three-year duration of the demonstration project. The board members shall receive no compensation, but shall be reimbursed for necessary expenses in the performance of their duties.
3. The board shall be responsible for the direct implementation of the demonstration project and shall monitor and direct the treatment of the severely emotionally disturbed children within the project, evaluating the treatment effectiveness and the cost effectiveness of the program. The board shall make quarterly reports to the department of mental health regarding such effectiveness of treatment and cost benefit.
4. The department shall provide clerical and administrative support to the board.
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(L. 1989 H.B. 502, et al. § 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.557 - Reports to governor and general assembly.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1989
632.557. Reports to governor and general assembly. —
The department shall file annual progress reports concerning the demonstration project to the governor and to the general assembly.
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(L. 1989 H.B. 502, et al. § 4)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.560 - Mental health care provider requirements.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
Effective - 28 Aug 1999
632.560. Mental health care provider requirements. —
1. As used in this section,
"mental health care provider"
means any person licensed pursuant to chapter 334, chapter 335, or chapter 337.
2. To provide repressed memory therapy, recovered memory therapy, reparenting therapy or multiple personality disorder treatment, a person shall be a mental health care provider as defined in subsection 1 of this section.
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(L. 1999 H.B. 343 § 1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.005 - Definitions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 2011, 2 histories
633.005. Definitions. —
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 a person with an intellectual disability or a developmental disability;
(2)
"Developmental disability facility"
, a private or department facility, other than a regional center, which admits persons with an intellectual disability or a developmental disability for residential habilitation and other services and which is qualified or licensed as such by the department pursuant to chapter 630. Such terms shall include, but shall not be limited to, habilitation centers and private or public residential facilities for persons with an intellectual disability or a developmental disability;
(3)
"Division"
, the division of developmental disabilities of the department of mental health;
(4)
"Division director"
, the director of the division of developmental disabilities of the department of mental health, or his designee;
(5)
"Group home"
, a residential facility serving nine or fewer residents, similar in appearance to a single-family dwelling and providing basic health supervision, habilitation training in skills of daily and independent living and community integration, and social support. Group homes do not include a family living arrangement or individualized supported living;
(6)
"Regional center"
, an entity so designated by the department to provide, directly or indirectly, for comprehensive developmental disability services under this chapter in a particular region;
(7)
"Respite care"
, temporary and short-term residential care, sustenance and supervision of a person with an intellectual disability or a developmental disability who otherwise resides in a family home;
(8)
"State advisory council"
, the Missouri developmental disabilities council as created in section 633.020.
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(L. 1980 H.B. 1724, A.L. 1990 H.B. 1383, A.L. 2008 S.B. 1081, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.015 - Division director to be chief administrative officer.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 1980
633.015. Division director to be chief administrative officer. —
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 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.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.025 - Services to be provided.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 1980
633.025. Services to be provided. —
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.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.027 - Developmentally disabled persons to be served.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 01 Jan 1991, see footnote
633.027. Developmentally disabled persons to be served. —
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 shall be served by appropriate agencies.
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(L. 1990 H.B. 1383)
Effective 1-01-91
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.029 - Definition to determine status of eligibility.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.029. Definition to determine status of eligibility. —
All persons determined eligible for services provided by the division of 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.
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(L. 1990 H.B. 1383, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.030 - Department to develop state plan, contents.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.030. Department to develop state plan, contents. —
1. The department shall prepare a state plan to secure coordinated intellectual disabilities 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 intellectual disability 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 intellectual disability or 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.
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(L. 1980 H.B. 1724, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.032 - Mental health department to develop a plan for the needs of persons on waitlist for services — report required, made to whom, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2006, 2 histories
633.032. Mental health department to develop a plan for the needs of persons on waitlist for services — report required, made to whom, when. —
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 first each year beginning November 1, 2007. The director of the department of mental health shall annually submit a copy of the plan to the speaker of the house of representatives, the president pro tem of the senate, and the governor.
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(L. 2003 H.B. 59 & 269 merged with S.B. 266, A.L. 2006 S.B. 974)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.033 - Departments of mental health and social services to prepare plan for mental health services and support needs for children and persons seventeen years — report required when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2003
633.033. Departments of mental health and social services to prepare plan for mental health services and support needs for children and persons seventeen years — report required when. —
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.
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.
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(L. 2003 S.B. 266 §1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.035 - Department director to establish regions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 1980
633.035. Department director to establish regions. —
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.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.040 - Department director may establish regional councils — division director to appoint members — terms and qualifications of members.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
• Effective - 28 Aug 1980
633.040. Department director may establish regional councils — division director to appoint members — terms and qualifications of members. —
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.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.045 - Duties of regional advisory councils — plans.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.045. Duties of regional advisory councils — plans. —
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 persons with an intellectual disability or a developmental disability;
(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.
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(L. 1980 H.B. 1724, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.050 - Regional councils to review, advise and recommend — duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.050. Regional councils to review, advise and recommend — duties. —
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 persons with an intellectual disability or developmental disability 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.
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(L. 1980 H.B. 1724, A.L. 1993 H.B. 330, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.100 - Department to establish regional centers.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 1980
633.100. Department to establish regional centers. —
The department shall establish regional centers in regions located throughout the state.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.105 - Regional centers to secure services.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2014
633.105. Regional centers to secure services. —
The regional centers shall be the entry and exit points in each region responsible for securing comprehensive intellectual disability 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.
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(L. 1980 H.B. 1724, A.L. 2014 H.B. 1064)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.110 - What services may be provided — consent required, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.110. What services may be provided — consent required, when. —
1. Any person suspected to have an intellectual disability or developmental disability 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 has an intellectual disability or a developmental disability 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 person with an intellectual disability or developmental disability 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.
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(L. 1980 H.B. 1724, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 633 - Intellectual Disabilities and Developmental Disabilities › Section 633.115 - Entities to be used by regional centers.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 633
Effective - 28 Aug 2011
633.115. Entities to be used by regional centers. —
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 with an intellectual disability or developmental disability 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 persons with an intellectual disability or developmental disability 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 developmental disability facility operated by the department for clients who are persons with an intellectual disability or developmental disability.
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(L. 1980 H.B. 1724, A.L. 1990 H.B. 1383, A.L. 2011 H.B. 555 merged with H.B. 648)