Section 630.620

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

Effective - 28 Aug 1996   

  630.620.  Facilities and programs to be utilized in making placements. — 1.  Except as provided in subsection 2 of this section, the department may place any patient or resident referred by a department facility or any person applying directly or referred under section 630.610 who is accepted for placement, in one or more of the following facilities or programs as soon as practicable after consultation with the person, patient or resident, if competent, or his parents, if he is a minor, or his guardian:

  (1)  A facility licensed by the department of social services under chapter 198 and licensed or certified, or both, by the department under this chapter;

  (2)  A facility or program licensed or certified, or both, by the department;

  (3)  The home of the client.

  2.  If the person was committed to the department of mental health pursuant to chapter 552 based on an accepted plea of not guilty by reason of a mental disease or defect excluding responsibility or an acquittal on that basis as provided in section 552.030 for a dangerous felony as defined in section 556.061, or a violation of section 565.020 or 566.040, or an attempt to commit one of the preceding crimes, the placement shall be to a secure facility as defined in section 552.040, unless a court order is entered allowing placement in a nonsecure facility.

  3.  The department shall provide a written statement to the client, the client's parent, if the client is a minor, the client's legal guardian, the referring court or the referring state or private agency or facility, and to the client's next of kin specifying reasons why a proposed placement is appropriate pursuant to section 630.615.  If the client was originally committed pursuant to chapter 552, the written statement shall also be provided to the prosecuting attorney in the jurisdiction where the person was tried and acquitted.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)