Section 632.605

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2026, see footnote   

  632.605.  Noncompliance, notification to the court — permissible court actions. — 1.  During the period of an order for assisted outpatient treatment, if the mental health program or mental health professional who is providing the respondent's assisted outpatient treatment determines that the respondent is not complying with the court order, the mental health program or mental health professional shall notify the court immediately.

  2.  If it comes to the attention of the court that a respondent subject to an order of assisted outpatient treatment is not complying with the order, the court may require one or more of the following, without a hearing:

  (1)  That the respondent be taken for evaluation to a community mental health center providing comprehensive mental health services to individuals residing in the service area in which the respondent resides;

  (2)  That the respondent be hospitalized in a psychiatric hospital for a period of not more than ten days; and

  (3)  Upon recommendation by the community mental health center providing comprehensive mental health services to individuals residing in the service area in which the respondent resides, that the individual be hospitalized for a period of more than ten days, but not longer than the duration of the order for assisted outpatient treatment, or not longer than ninety days, whichever is less.

  3.  The court may direct peace officers to transport the respondent to a designated facility or a community mental health center, as applicable, and the court may specify conditions under which the respondent may return to assisted outpatient treatment before the order expires.  Reimbursement for transportation costs shall be allowed as provided under section 632.312.

  4.  A respondent hospitalized without a hearing as provided in subsection 2 of this section may object to the hospitalization.  Upon transfer of the respondent to the hospital, the hospital shall notify the respondent of his or her right to object under this section.  Upon receipt of an objection to the hospitalization, the court shall schedule a hearing for a determination that the individual requires hospitalization.  The respondent shall have all rights specified in section 632.593 at the hearing.  The court shall order the respondent discharged from hospitalization unless the court or jury finds, based upon clear and convincing evidence, that the respondent requires hospitalization as a result of the respondent's failure to comply with the order for assisted outpatient treatment.

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(L. 2026 H.B. 2637 & 3155)

Severability clause, see § 1.1005