Section 630.320

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

Effective - 28 Aug 1995   

  630.320.  Disposition of unclaimed funds of patient — escheats, procedure. — 1.  If any patient or resident dies, is released, escapes or otherwise leaves the care of the department, and leaves any personal funds in the custody of a department facility, the head of the facility shall use all proper diligence to refund such moneys.  All reasonable means shall be used to contact the patient or resident if living, or if deceased, the patient's or resident's heirs to refund such moneys.  If the patient or resident is deceased, the facility may dispose of these moneys through the probate court or otherwise release these moneys to the heirs, if located.  The facility may also make claim for these moneys for unmet costs of care in accordance with procedures established by the director of the department.

  2.  After one year from the date of such death, release, escape or other departure, if there shall remain in the custody of a facility any money, the owner of which is unknown, or if known, cannot be located, in each and every such instance, the money shall be disposed of in the following manner:

  (1)  Amounts less than one hundred dollars shall be deposited into the state treasury to the credit of the mental health trust fund.  Such money shall escheat and vest absolutely in the state of Missouri, and all persons shall be forever barred and precluded from setting up title or claim to any of such moneys.

  (2)  Amounts of one hundred dollars or more shall be deposited into the state treasury to the credit of the general revenue fund in a special account designated as escheat.  Claims may be made, as provided in this section, for such moneys for a period of two years after deposit into the escheat account.  After remaining therein unclaimed for two years such moneys shall escheat and vest absolutely in the state of Missouri and be credited to the mental health trust fund.  Thereafter, all persons shall be forever barred and precluded from setting up title or claim to any of such moneys.

  3.  Within two years after such money in amounts of one hundred dollars or more has been transmitted into the escheats account, any person who appears and claims the same may file his petition in the circuit court of Cole County, Missouri, stating the nature of his claim and asking to be paid such money.  A copy of the petition shall be served upon the director who shall file an answer to the same.  If the court finds that such person is entitled to any money so paid into the state treasury, it shall order the commissioner of administration to issue a warrant for the amount of such claim, but without interest or costs; provided, that either party may appeal from the decision of the court in the same manner as provided by law in other civil actions.

  4.  Nothing in this section shall be deemed to apply to funds regularly due the state of Missouri for the support and maintenance of patients of state facilities.

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(L. 1980 H.B. 1724, A.L. 1982 H.B. 1565, A.L. 1995 S.B. 454)