reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.110 - Minors to be accepted for evaluation, when, by whom — may then be admitted to mental health facility — parent or guardian to consent — peace officer may transport to facility, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
Effective - 28 Aug 2011
632.110. Minors to be accepted for evaluation, when, by whom — may then be admitted to mental health facility — parent or guardian to consent — peace officer may transport to facility, when. —
1. The head of a private mental health facility may, and the head of a department mental health facility shall, except in the case of a medical emergency and subject to the availability of suitable programs and accommodations, accept for evaluation, on an outpatient basis if practicable, any minor for whom an application for voluntary admission is made by his parent or other legal custodian. The department may require that a community-based service where the minor resides perform the evaluation pursuant to an affiliation agreement or contract with the department.
2. If the minor is diagnosed as having a mental disorder, other than an intellectual disability or developmental disability without another accompanying mental disorder, and found suitable for inpatient treatment as a result of the evaluation, the minor may be admitted by a private mental health facility or shall be admitted by a department mental health facility, if suitable accommodations are available, for care, treatment and rehabilitation as an inpatient for such periods and under such conditions as authorized by law. The department may require that a community-based service where the patient resides admit the person for inpatient care, treatment and rehabilitation pursuant to an affiliation agreement and contract with the department.
3. The parent or legal custodian who applied for the admission of the minor shall have the right to authorize his evaluation, care, treatment and rehabilitation and the right to refuse permission to medicate the minor; except that medication may be given in emergency situations.
4. The parent or legal custodian may request a peace officer to take a minor into custody and transport him to the mental health facility for evaluation if the parent or legal custodian applies for such evaluation under subsection 1 of this section.
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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 632 - Comprehensive Psychiatric Services › Section 632.115 - Juveniles to be admitted by heads of facilities when committed.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
Effective - 28 Aug 2011
632.115. Juveniles to be admitted by heads of facilities when committed. —
The head of a private mental health facility may, and the head of a public mental health facility shall, except in the case of medical emergency and subject to the availability of suitable programs and accommodations, admit any minor who has symptoms of mental disorder other than an intellectual disability or developmental disability, who is under the jurisdiction of a juvenile court and who is committed to a facility not operated by the state of Missouri under section 211.181 or to the custody of the director pursuant to sections 211.201 to 211.207 for assignment by the director to an appropriate facility.
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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 632 - Comprehensive Psychiatric Services › Section 632.120 - Incompetents to be accepted by heads of facilities upon application — duration of admission for evaluation — consent may be authorized.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2011
632.120. Incompetents to be accepted by heads of facilities upon application — duration of admission for evaluation — consent may be authorized. —
1. The head of a private mental health facility may, and the head of a department facility shall, except in the case of a medical emergency and subject to the availability of suitable programs and accommodations, accept for evaluation and treatment, on an outpatient basis if practicable, any person who has been declared incapacitated by a court of competent jurisdiction and for whom an application for voluntary admission is made by his guardian. The department may require that a community-based service where the person resides perform the evaluation pursuant to an affiliation agreement and contract with the department.
2. If the person is diagnosed as having a mental disorder, other than developmental disability without another accompanying mental disorder, and the person is found suitable for inpatient treatment as a result of the evaluation, the person may be admitted by a private mental health facility or shall be admitted by a public mental health facility, if suitable accommodations are available, for care, treatment and rehabilitation as an inpatient for up to thirty days after admission for evaluation and treatment.
3. If further inpatient services are recommended, the person may remain in the facility only if his guardian is authorized by the court to continue the inpatient hospitalization. The court may authorize the guardian to consent to evaluation, care, treatment, including medication, and rehabilitation on an inpatient basis.
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(L. 1980 H.B. 1724, A.L. 1985 S.B. 35, et al., A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.150 - Release of voluntary patients — voluntary patient may be involuntarily detained, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.150. Release of voluntary patients — voluntary patient may be involuntarily detained, procedure. —
1. A voluntary patient who has applied for his or her own admission may request his or her release either orally or in writing to the head of the mental health facility and shall be released immediately; except, that if the head of the facility determines that he or she is mentally disordered and, as a result, presents a likelihood of serious physical harm to himself or herself or others, the head of the facility may refuse the request for release.
2. If the request for release is refused, the mental health facility may detain the person only if a licensed physician, a registered professional nurse designated by the facility and approved by the department, a mental health professional or a peace officer completes an application for detention for evaluation and treatment to begin the involuntary detention of the patient under this chapter.
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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.155 - Release of voluntary minor patients, consent required — may be involuntarily detained, when, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.155. Release of voluntary minor patients, consent required — may be involuntarily detained, when, procedure. —
1. A voluntary patient who is a minor and who requests his or her release either orally or in writing, or whose release is requested in writing to the head of the facility by his or her parent, spouse, adult next of kin, or person entitled to his or her custody, shall be released immediately; except, that if the patient was admitted on the application of another person, his or her release shall be conditioned upon receiving the consent of the person applying for his or her admission.
2. If the head of the mental health facility determines that the minor is mentally disordered and, as a result, presents a likelihood of serious physical harm to himself or herself or others, the head of the facility may refuse the release. The mental health facility may detain the minor only if a licensed physician, a mental health professional or a registered professional nurse designated by the facility and approved by the department completes an application for detention for evaluation and treatment to begin the involuntary detention of the minor under this chapter or, if appropriate, the minor is detained in the facility under the provisions of chapter 211.
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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.175 - Review of patient's condition, by whom, when — release or placement — copy of review to be given.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
Effective - 28 Aug 1980
632.175. Review of patient's condition, by whom, when — release or placement — copy of review to be given. —
1. At least once every one hundred eighty days, the head of each mental health facility shall cause the condition of each patient to be reviewed for the purpose of determining whether the patient needs further hospitalization or should be released. If, as a result of such review, it is determined that inpatient care, treatment and rehabilitation are no longer appropriate, the head of the facility shall discharge, or initiate proceedings to discharge, the patient. If a patient meets the criteria for placement, the head of the facility shall refer him for placement.
2. In making the review required by this section, the head of the facility shall satisfy himself that the patient is receiving care, treatment or rehabilitation in the least restrictive environment available.
3. If the patient has a guardian, copies of this review and the person's individualized treatment plan shall be sent to the guardian and the court.
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(L. 1980 H.B. 1724)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.310 - Facilities to accept certain applicants — evaluation to follow — transportation back to place of residence.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.310. Facilities to accept certain applicants — evaluation to follow — transportation back to place of residence. —
1. Whenever a court has authorized the initial detention and evaluation of a respondent pursuant to subsection 2 of section 632.305, or whenever a licensed physician, a registered professional nurse designated by the facility and approved by the department, or a mental health professional submits an application for initial detention and evaluation pursuant to subsection 4 of section 632.305, a public mental health facility shall, and a private mental health facility may immediately accept such application and the respondent on a provisional basis, and the facility shall then evaluate the respondent's condition and admit him or her for treatment or release him or her in accordance with the provisions of this chapter.
2. Whenever a peace officer applies for initial detention and evaluation pursuant to subsection 3 of section 632.305, the mental health facility may, but is not required to, accept the application and the respondent. If the facility accepts the application and the respondent, the facility shall evaluate the respondent's condition and admit him or her for treatment or release him or her in accordance with the provisions of this chapter.
3. If the respondent is not accepted for admission by a facility providing ninety-six-hour evaluation and treatment, the facility shall immediately furnish transportation, if not otherwise available, to return the respondent to his or her place of residence or other appropriate place; provided, that in the case of a person transported to the facility by a peace officer or other governmental agency, such peace officer or agency shall furnish or arrange for such transportation.
4. The department may require, pursuant to an affiliation agreement and contract with a community-based service certified by the department to serve the catchment area where a respondent whose mental disorder consists of alcohol or drug abuse resides, that the service immediately accept the application and respondent engaging in alcohol or drug abuse on a provisional basis and that the service then evaluate such respondent's condition and admit him or her for treatment for up to ninety-six hours, petition for further detention and treatment, or release him or her in accordance with the provisions of chapter 631.
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(L. 1980 H.B. 1724, A.L. 1982 H.B. 1565, A.L. 1985 S.B. 265, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.312 - Transportation costs, sheriff may be reimbursed.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2011
632.312. Transportation costs, sheriff may be reimbursed. —
Notwithstanding the provisions of section 105.452 to the contrary, a sheriff may receive reimbursement for the actual costs of transporting a person to and from a mental health facility pursuant to chapter 632 from a public or private hospital, not-for-profit charitable organization, the state, or a political subdivision. Reimbursement from the state for actual costs, except for allowable mileage expenses, shall be subject to appropriations.
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(L. 2011 H.B. 111)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.315 - Copies of admission application to be furnished.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.315. Copies of admission application to be furnished. —
Any mental health facility accepting a respondent pursuant to section 632.310 shall be furnished a copy of the application for initial detention and evaluation. If a person is involuntarily detained in a mental health facility pursuant to section 632.310, no later than twenty-four hours after his or her arrival, excluding Saturdays, Sundays and legal holidays, the head of the mental health facility shall file with the court the application, a copy of the notice required by section 632.325 and proof that the notice was given. The person's designated attorney shall receive a copy of all documents.
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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)
CROSS REFERENCE:
Alcohol and drug abuse facilities, procedure applicable, 631.175
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.320 - Time limits for certain procedures.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.320. Time limits for certain procedures. —
1. Within three hours of the time at which the respondent arrives at a mental health facility he or she shall:
(1) Be seen by a mental health professional or registered professional nurse; and
(2) Be given a copy of the application for initial detention and evaluation, a notice of rights pursuant to section 632.325 and a notice giving the name, business address and telephone number of the attorney appointed to represent him or her; and
(3) Be provided assistance in contacting the appointed attorney or an attorney of his or her own choosing, if so requested.
2. Within eighteen hours after the respondent arrives at the mental health facility, he or she shall be examined by a licensed physician.
3. Within forty-eight hours after the respondent arrives at the mental health facility, unless sooner released, designated staff at the mental health facility shall meet with the respondent and explain his or her statutory rights under this chapter.
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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.337 - Immediate inpatient detention during court-ordered outpatient detention and treatment, procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1996
632.337. Immediate inpatient detention during court-ordered outpatient detention and treatment, procedure. —
1. When the court has ordered up to one hundred eighty days of outpatient detention and treatment pursuant to section 632.335 or 632.350 or 632.355, and the supervisory mental health program has good cause to believe that immediate detention in a more appropriate least restrictive environment is required because the respondent presents a likelihood of serious harm due to mental illness, the supervisory mental health program may direct that the respondent be detained for up to ninety-six hours at an appropriate mental health program that has agreed to accept the respondent and may authorize the sheriff to detain and transport the respondent to that mental health program. Detention for more than ninety-six hours shall be pursuant to section 632.330.
2. Evidence of detention for ninety-six-hour periods during the one hundred eighty-day outpatient detention and treatment may be considered by the court in determining additional periods of detention and treatment.
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(L. 1996 S.B. 884 & 841)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.340 - Further additional detention or outpatient detention and treatment may be requested — hearing to be held, when — treatment plan to be presented.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.340. Further additional detention or outpatient detention and treatment may be requested — hearing to be held, when — treatment plan to be presented. —
1. Before the expiration of the twenty-one-day inpatient detention and treatment period ordered pursuant to section 632.335, the court may order the respondent to be detained and treated involuntarily for an additional period not to exceed ninety inpatient days or may order the respondent to be detained for outpatient detention and treatment for a period not to exceed one hundred eighty days; provided, that:
(1) The respondent is mentally ill and continues to present a likelihood of serious harm to himself or herself or others; and
(2) The court, after a hearing, orders the respondent detained and treated for the additional period.
2. If, within seventeen days of the court hearing described in section 632.335, the head of the mental health program has reasonable cause to believe that the respondent is mentally ill and as a result presents a likelihood of serious harm to himself or herself or others, and believes that further detention and treatment is necessary, he or she shall file, or cause to be filed, with the court a petition for ninety days additional detention and treatment or a petition for outpatient detention and treatment for a period not to exceed one hundred eighty days. The court shall immediately set a date and time for a hearing on the petition, which shall take place within four judicial days of the date of the filing of the petition. The court shall serve a copy of the petition and the notice of the date and time of the hearing upon the petitioner, the respondent, and their attorneys as promptly as possible, but not later than two judicial days after the filing of the petition. The petitioner shall also file with the court, for the court to serve upon the respondent's attorney not later than two judicial days after the filing of the petition, a list of the proposed witnesses for the petitioner. The petition shall comply with the requirements of section 632.330, and an individualized treatment plan for the respondent shall be attached thereto.
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(L. 1980 H.B. 1724, 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 632.345 - Physician or licensed psychologist to be appointed, qualifications — detention to be continued, how long.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.345. Physician or licensed psychologist to be appointed, qualifications — detention to be continued, how long. —
1. If requested by the respondent, the court shall appoint an available licensed physician or licensed psychologist to examine him or her and testify at the respondent's request. If the respondent or his or her counsel so request, the court shall not appoint a physician or licensed psychologist who is on the staff of the program wherein the person is detained, and if the respondent is detained in a program operated by the department and respondent or his or her counsel so request, the court shall not appoint a physician or licensed psychologist who is an employee of the department.
2. The court may grant continuances but shall do so only upon a showing of good and sufficient cause.
3. The respondent shall continue to be detained and treated pending the hearing unless released by order of the court. If a continuance is granted, the court, in its discretion, may order respondent released upon conditions described by the court pending the hearing. If no order has been made within thirty days after the filing of the petition, not including extensions of time requested by the respondent and granted, the respondent shall be released.
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(L. 1980 H.B. 1724, 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 632.350 - Conduct of hearing — jury question — result.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.350. Conduct of hearing — jury question — result. —
1. The hearing for a ninety-day inpatient detention and treatment period or for outpatient detention and treatment for a period not to exceed one hundred eighty days shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the mental health of the respondent. If a jury trial is not requested, due consideration shall be given by the court to holding a hearing at the mental health program. The hearing shall be held in accordance with the provisions set forth in section 632.335.
2. The burden of proof at the hearing shall be by clear and convincing evidence and shall be upon the petitioner.
3. If the matter is tried before a jury, the jury shall determine and shall be instructed only upon the issues of whether or not the respondent is mentally ill and, as a result, presents a likelihood of serious harm to himself or herself or others. The remaining procedures for the jury trial shall be as in other civil matters.
4. The respondent shall not be required to file an answer or other responsive pleading.
5. At the conclusion of the hearing, if the court or jury finds that the respondent, as the result of mental illness, presents a likelihood of serious harm to himself or herself or to others, and the court finds that a program appropriate to handle the respondent's condition has agreed to accept him or her, the court shall order the respondent to be detained for involuntary treatment in the least restrictive environment for a period not to exceed ninety days or for outpatient detention and treatment under the supervision of a mental health program in the least restrictive environment for a period not to exceed one hundred eighty days.
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(L. 1980 H.B. 1724, 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 632.355 - Additional detention or period of outpatient detention and treatment may be ordered, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.355. Additional detention or period of outpatient detention and treatment may be ordered, when. —
1. At the expiration of the ninety-day inpatient commitment period ordered by the court pursuant to section 632.350, the respondent may be detained and treated as an involuntarily inpatient for an additional period of time not to exceed one year or such lesser period of time as determined by the court or may be detained for outpatient detention and treatment for a period of time not to exceed one hundred eighty days; provided, that:
(1) The respondent is mentally ill and continues to present a likelihood of serious harm to himself or herself or to others; and
(2) The court after a hearing orders the person detained and treated for the additional period.
2. Within the ninety-day commitment period, the head of the mental health program may file or cause to be filed, in compliance with the requirements of section 632.330, a petition for a one-year inpatient detention and treatment period or a petition for outpatient detention and treatment for a period not to exceed one hundred eighty days if he or she has reasonable cause to believe that the respondent is mentally ill and as a result presents a likelihood of serious harm to himself or herself or others, and that further detention and treatment is necessary pursuant to an individualized treatment plan prepared by the program and filed with the court. Procedures specified in sections 632.340, 632.345 and 632.350 shall be followed.
3. At the conclusion of the hearing, if the court or jury finds that the respondent, as the result of mental illness, presents a likelihood of serious harm to himself or herself or others, and the court finds that a program appropriate to handle the respondent's condition has agreed to accept him or her, the court shall order that the respondent be detained for involuntary treatment in the least restrictive environment for a period not to exceed one year or for outpatient detention and treatment under the supervision of a mental health program in the least restrictive environment for a period not to exceed one hundred eighty days.
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(L. 1980 H.B. 1724, 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 632.360 - Discharge of patient, when — procedure.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1996
632.360. Discharge of patient, when — procedure. —
At the end of any detention period ordered by the court under this chapter, the respondent shall be discharged unless a petition for further detention is filed and heard in the same manner as provided herein. Successive one-year detention periods, or successive one hundred eighty-day outpatient detention periods, are permissible on the same grounds and pursuant to the same procedures as the initial detention period. No order of civil detention under this chapter may exceed one year for an inpatient detention period or one hundred eighty days for an outpatient detention period.
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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.365 - Where detention to take place.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1996
632.365. Where detention to take place. —
Notwithstanding any other provision of the law to the contrary, whenever a court orders a person detained for involuntary treatment in a mental health program operated by the department, the order of detention shall be to the custody of the director of the department, who shall determine where detention and involuntary treatment shall take place in the least restrictive environment, be it an inpatient or outpatient setting.
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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.375 - Patient to be evaluated, when — report to certain persons — court may consider continuation of detention.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.375. Patient to be evaluated, when — report to certain persons — court may consider continuation of detention. —
1. At least once every one hundred eighty days, the head of each mental health program shall have each respondent who is detained at the program for a one-year period under this chapter examined and evaluated to determine if the respondent continues to be mentally ill, and as a result presents a likelihood of serious harm to himself or herself or others. The court, the respondent, and the respondent's attorney shall be provided copies of the report of the examination and evaluation described by this section and the respondent's individualized treatment plan.
2. Upon receipt of the report, the court may, upon its own motion, or shall, upon the motion of the respondent, order a hearing to be held as to the need for continued detention and involuntary treatment. At the conclusion of the hearing, the court may order:
(1) The discharge of the respondent; or
(2) An appropriate least restrictive course of detention and involuntary treatment; or
(3) The respondent to be remanded to the mental health program for the unexpired portion of the original commitment order.
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(L. 1980 H.B. 1724, 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 632.380 - Provisions of chapter not to apply to certain persons.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2011
632.380. Provisions of chapter not to apply to certain persons. —
Persons with an intellectual disability or a developmental disability or who are senile or impaired by alcoholism or drug abuse shall not be detained judicially under this chapter, unless they are also mentally ill and as a result present likelihood of serious harm to themselves or to others. Such persons may, however, be committed upon court order under this chapter and the provisions of chapter 475 relating to incapacitated persons, pursuant to chapter 211 relating to juveniles, or may be admitted as voluntary patients under section 632.105 or 632.120.
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(L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45, A.L. 1996 S.B. 884 & 841, A.L. 2011 H.B. 555 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.385 - Patient to be placed outside facility, when — conditions — duration — furloughs — modification of orders — notice requirements.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.385. Patient to be placed outside facility, when — conditions — duration — furloughs — modification of orders — notice requirements. —
1. The head of a mental health facility shall release a patient, whether voluntary or involuntary, from the facility to the least restrictive environment, including referral to and subsequent placement in the placement program of the department, when he or she believes that such release is in the best interests of the patient. Release to the least restrictive environment shall include provisions for continuing responsibility to and by the facility.
2. Release to the least restrictive environment may be conditioned on the patient receiving outpatient care as prescribed by the head of the mental health facility from which the patient is being released. The period of treatment in the least restrictive environment shall not exceed the period of one year.
3. The facility or agency which is to provide treatment in the least restrictive environment must agree in writing to assume such responsibility. A copy of the conditions for release shall be given to the patient, to the probate division of the circuit court having jurisdiction and the mental health facility providing treatment.
4. The head of a mental health facility may permit a respondent detained for treatment to leave the facility for prescribed short periods on trial visit during his or her detention subject to conditions prescribed by the head of the mental health facility.
5. The head of the mental health facility providing treatment may modify the conditions for continued release from the facility to the least restrictive environment when such modification is in the best interest of the patient. Notification of any changes shall be sent to the patient and to the court within ninety-six hours if the patient is involuntarily detained under this chapter. Upon a receipt of a notification returning the patient to the facility as an inpatient, the committing court shall, if necessary, order the sheriff or other law enforcement official to apprehend and transport the patient to the facility. The committing court may, on its own motion or shall upon the respondent's motion, order a hearing to be held on the need for such change.
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(L. 1980 H.B. 1724, A.L. 1988 H.B. 971, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.390 - Head of program to release certain patients — notification to interested parties — involuntary patient may become voluntary, notification to interested parties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.390. Head of program to release certain patients — notification to interested parties — involuntary patient may become voluntary, notification to interested parties. —
1. The head of a mental health program shall release any person who is involuntarily detained under this chapter when, in his or her opinion, the person is no longer mentally ill or the person, although mentally ill, does not present a likelihood of serious harm to himself or herself or others, even though the detention period has not expired.
2. Whenever the head of a mental health program discharges a person prior to the expiration of the detention order, he or she shall notify, in writing, the court.
3. Whenever a respondent voluntarily admits himself or herself and the head of a mental health program accepts the admission application submitted by respondent in good faith under section 632.105, the respondent's involuntary detention shall cease, and the head of the program shall notify, in writing, the court.
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(L. 1980 H.B. 1724, 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 632.400 - Reexamination of detained person.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.400. Reexamination of detained person. —
Any respondent ordered detained for ninety-day or one-year periods of involuntary inpatient treatment or ordered detained for a period of up to one hundred eighty days of outpatient detention and treatment under this chapter shall be entitled to a reexamination of the order for his or her detention on his or her own motion, or that of his or her legal guardian, parent, spouse, relative, friend or attorney to the court. Upon receipt of the motion, the court shall conduct or cause to be conducted by a special commissioner proceedings in accordance with section 632.340.
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(L. 1980 H.B. 1724, 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 632.405 - Prosecutor's duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1980
632.405. Prosecutor's duties. —
It shall be the duty of the prosecuting attorney of the county wherein a hearing described under this chapter takes place to represent the petitioner and to file and prosecute in court all petitions for detention, evaluation and treatment pursuant to this chapter. Such duty shall be fulfilled by the county counselor in counties having a county counselor and by the circuit attorney in any city not within a county.
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(L. 1980 H.B. 1724)
CROSS REFERENCE:
Alcohol and drug abuse facility detention, prosecutor's duties, 631.175
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.410 - Venue — change of jurisdiction.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.410. Venue — change of jurisdiction. —
Venue for proceedings for involuntary detentions pursuant to the provisions of this chapter shall be in the court having probate jurisdiction in the county in which the mental health program is located wherein the respondent is detained; provided, however, that if the respondent is a resident of this state and makes application for the hearing to be held in his or her county of residence, the court shall order the proceedings, with all papers, files and transcripts of the proceedings, to be transferred to the court having probate jurisdiction in the respondent's county of residence. Once a court has assumed jurisdiction with respect to involuntary detention proceedings, no other court shall assume jurisdiction until the court having prior jurisdiction has transferred jurisdiction and all papers, files, and transcripts. If the court having jurisdiction receives notice that a respondent has been transferred to a mental health program in another county, the court shall transfer jurisdiction, along with all papers, files and transcripts, to the court in the county where the respondent has been transferred.
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(L. 1980 H.B. 1724, 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 632.415 - Court to maintain register of attorneys available to represent patients — state to pay certain attorney's fees.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.415. Court to maintain register of attorneys available to represent patients — state to pay certain attorney's fees. —
1. The judge having probate jurisdiction in each county where a mental health program is located shall prepare and maintain a current register of attorneys who have agreed to be appointed to represent respondents against whom involuntary civil detention proceedings have been instituted in such county. The judge may choose lawyers who are paid by any public or private agency or other lawyers who are appointed to the register.
2. If the judge finds that the respondent is unable to pay attorney's fees for the services rendered in the proceedings, the judge shall allow a reasonable attorney's fee for the services, which fee shall be assessed as costs and paid together with all other costs in the proceeding by the state, in accordance with rules and regulations promulgated by the state court administrator, from funds appropriated to the office of administration for such purposes provided that no attorney's fees shall be allowed for services rendered by any attorney who is a salaried employee of a public agency or a private agency which receives public funds.
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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)
CROSS REFERENCE:
Alcohol and drug abuse, respondent's rights, court's duties, 631.175
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.420 - Certain examining physicians to be paid by state.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.420. Certain examining physicians to be paid by state. —
The court having probate jurisdiction in appointing licensed physicians pursuant to section 632.345 shall choose, if available, physicians who have agreed to serve without fee or physicians paid by any private or public agency, if they are found suitable; provided, that if the court finds no suitable physicians from such sources, the court shall appoint an available licensed physician and he or she shall be paid a reasonable fee, as determined by the court, by the state from funds appropriated to the office of administration for this purpose.
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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.425 - Physician-patient, psychologist-patient privileges waived in detention proceedings.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1980
632.425. Physician-patient, psychologist-patient privileges waived in detention proceedings. —
The physician-patient privilege recognized by section 491.060 and the psychologist-patient privilege recognized by section 337.055 shall be deemed waived in detention proceedings under this chapter. The fact that such privileges have been waived pursuant to this section does not by itself waive the privileges in any other proceeding, civil or criminal. The waiver of the privileges shall extend only to that evidence which is directly material and relevant to detention proceedings.
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(L. 1980 H.B. 1724)
CROSS REFERENCE:
Alcohol and drug abuse, detention proceedings, privileges waived, 631.175
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.430 - Appeals — to have priority — attorney general to be notified and to represent state.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.430. Appeals — to have priority — attorney general to be notified and to represent state. —
1. Appeals from court orders made under this chapter may be made by the respondent or by the petitioner to the appropriate appellate court pursuant to the rules of civil procedure of the supreme court of Missouri pertaining to appeals. Such appeal shall have priority on the docket of the appellate court and shall be expedited in all respects. The court shall notify the attorney general's office whenever an appeal is filed under this subsection, and the attorney general shall represent the state when it is a party to such appeal.
2. A motion to stay any order restricting an individual's liberty may be filed in either the court or the appropriate appellate court. A stay order shall not be granted in any case where the court finds that the person is so mentally ill that there is an imminent likelihood of serious physical harm to himself or herself or others if he or she is not detained or treated pending appeal. Any refusal to grant a stay by the court may be reviewed by the appropriate appellate court on motion.
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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.435 - Habeas corpus.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1980
632.435. Habeas corpus. —
Any person detained under this chapter shall be entitled to apply for a writ of habeas corpus.
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(L. 1980 H.B. 1724)
CROSS REFERENCE:
Alcohol and drug abuse detention, right of application for writ of habeas corpus, 631.175
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.440 - No liability for health care professionals, public officials and certain peace officers.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 2023, 2 histories
632.440. No liability for health care professionals, public officials and certain peace officers. —
No officer of a public or private agency, mental health facility or mental health program; no head, attending staff or consultant of any such agency, facility or mental health program; no behavioral health liaison, registered professional nurse, licensed physician, mental health professional nor any other public official performing functions necessary for the administration of this chapter; no peace officer responsible for detaining a person pursuant to this chapter; and no peace officer responsible for detaining or transporting, or both, any person upon the request of any behavioral health liaison pursuant to section 632.305 or acting pursuant to the request of a guardian who is acting pursuant to chapter 475, or upon the request of the head of any supervisory mental health program who is acting pursuant to section 632.337, regardless of whether such peace officer is outside the jurisdiction for which he or she serves as a peace officer during the course of such detention or transportation, or both, shall be civilly liable for investigating, detaining, transporting, conditionally releasing or discharging a person pursuant to this chapter or chapter 475, at or before the end of the period for which the person was admitted or detained for evaluation or treatment so long as such duties were performed in good faith and without gross negligence.
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(L. 1980 H.B. 1724, A.L. 1983 H.B. 801, A.L. 1996 S.B. 884 & 841, A.L. 2008 S.B. 1081, A.L. 2023 S.B. 106)
CROSS REFERENCE:
Alcohol and drug abuse treatment facility, no liability for public officials and certain peace officers, 631.175
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.445 - No liability for petitioners.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1980
632.445. No liability for petitioners. —
No person making or filing an application alleging that a person should be involuntarily detained, certified or committed, treated or evaluated pursuant to this chapter shall be rendered civilly or criminally liable if the application was made and filed in good faith.
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(L. 1980 H.B. 1724)
CROSS REFERENCE:
Alcohol and drug abuse detention, no liability for petitioners, 631.175
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 632 - Comprehensive Psychiatric Services › Section 632.450 - Representation by attorney required — duties of attorney.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 632
• Effective - 28 Aug 1980
632.450. Representation by attorney required — duties of attorney. —
1. An attorney shall be appointed to represent the respondent in all judicial proceedings under this chapter, including appeal, unless relieved by the courts for good cause shown.
2. The attorneys shall personally contact the respondent within two days of the appointment and meet with the respondent in person as soon as is reasonably possible after the appointment to advise the respondent regarding the proceedings.
3. The attorney shall fully advise the respondent, if the respondent is not fully discharged by the courts, of the right to appeal and regarding the respondent's rights and interests after detention.
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(L. 1980 H.B. 1724)
CROSS REFERENCE:
Alcohol and drug abuse, representation by attorney, duties of attorney, 631.175