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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

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  630.635.  Procedure when consent not given — review panel to be named — notice and hearing required — appeal — emergency transfers may be made. — 1.  If a resident in a developmental disability facility, or his parent if he is a minor, or his legal guardian refuses to consent to the proposed placement, the head of the developmental disability facility may petition, under the procedures in section 633.135, the director of the division of developmental disabilities to determine whether the proposed placement is appropriate under chapter 633.

  2.  If a patient in a mental health facility, or his parent if he is a minor, or his legal guardian refuses to consent to the proposed placement, the head of the mental health facility may petition the director of the division of comprehensive psychiatric services to determine whether the proposed placement is appropriate under sections 630.610, 630.615 and 630.620.

  3.  The director of the division of comprehensive psychiatric services shall refer the petition to the chairman of the state advisory council for his division who shall appoint and convene a review panel composed of three members.  At least one member of the panel shall be a family member or guardian of a patient who resides in a mental health facility operated by the department.  The remaining members of the panel shall be persons who are from nongovernmental organizations or groups concerned with the prevention of mental disorders, evaluation, care, treatment or rehabilitation of persons affected by the same conditions as the patient the department seeks to place and who are familiar with services and service needs of persons in mental health facilities operated by the department.  No member of the panel shall be an officer or employee of the department.

  4.  After prompt notice and hearing, the panel shall determine whether the proposed placement is appropriate under sections 630.610, 630.615 and 630.620.  The hearing shall be electronically recorded for purposes of obtaining a transcript.  The council shall forward the tape recording, recommended findings of fact, conclusions of law, and decision to the director who shall enter findings of fact, conclusions of law, and the final decision.  Notice of the director's decision shall be sent to the patient, or his parent if he is a minor, or his guardian by registered mail, return receipt requested.  The director shall expedite this review in all respects.

  5.  If the patient, or his parent if he is a minor, or his guardian disagrees with the decision of the director, he may appeal the decision, within thirty days after notice of the decision is sent, to the circuit court of the county where the patient or resident, or his parent if he is a minor, or his guardian resides.  The court shall review the record, proceedings and decision of the director not only under the provisions of chapter 536, but also as to whether or not the head of the facility or the department sustained its burden of proof that the proposed placement is appropriate under sections 630.110, 630.115 and 630.120.  The court shall expedite this review in all respects.  Notwithstanding the provisions of section 536.140, a court may, for good cause shown, hear and consider additional competent and material evidence.

  6.  The notice and procedure for the hearing by the panel shall be in accordance with chapter 536.

  7.  In all proceedings either before the panel or before the circuit court, the burden of proof shall be upon the head of the facility to demonstrate by a preponderance of evidence that the proposed placement is appropriate under the criteria set forth in sections 630.610, 630.615 and 630.120.

  8.  Pending the convening of the hearing panel and the final decision of the director or the court if the director's decision is appealed, the department shall not place or discharge the patient from a facility except that the department may temporarily transfer such patient in the case of a medical emergency.

  9.  There shall be no retaliation against any state employee as the result of a good faith decision to place the patient which is appealed and who testifies during a hearing or otherwise provides information or evidence in regard to a proposed placement.

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(L. 1980 H.B. 1724, A.L. 2011 H.B. 555 merged with H.B. 648)


---- end of effective   28 Aug 2011 ----

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