Missouri Revised Statutes
Chapter 632 - Comprehensive Psychiatric Services
Section 632.305 - Detention for evaluation and treatment, who may request — procedure — duration — disposition after application.

Effective - 28 Aug 2022, 2 histories
632.305. Detention for evaluation and treatment, who may request — procedure — duration — disposition after application. — 1. An application for detention for evaluation and treatment may be executed by any adult person, who need not be an attorney or represented by an attorney, including the mental health coordinator, on a form provided by the court for such purpose, and shall allege under oath, without a notarization requirement, that the applicant has reason to believe that the respondent is suffering from a mental disorder and presents a likelihood of serious harm to himself or herself or to others. The application shall specify the factual information on which such belief is based and should contain the names and addresses of all persons known to the applicant who have knowledge of such facts through personal observation.
2. The filing of a written application in court by any adult person, who need not be an attorney or represented by an attorney, including the mental health coordinator, shall authorize the applicant to bring the matter before the court on an ex parte basis to determine whether the respondent should be taken into custody and transported to a mental health facility. The application may be filed in the court having probate jurisdiction in any county where the respondent may be found. If the court finds that there is probable cause, either upon testimony under oath or upon a review of affidavits, to believe that the respondent may be suffering from a mental disorder and presents a likelihood of serious harm to himself or herself or others, it shall direct a peace officer to take the respondent into custody and transport him or her to a mental health facility for detention for evaluation and treatment for a period not to exceed ninety-six hours unless further detention and treatment is authorized pursuant to this chapter. Nothing herein shall be construed to prohibit the court, in the exercise of its discretion, from giving the respondent an opportunity to be heard.
3. A mental health coordinator may request a peace officer to take or a peace officer may take a person into custody for detention for evaluation and treatment for a period not to exceed ninety-six hours only when such mental health coordinator or peace officer has reasonable cause to believe that such person is suffering from a mental disorder and that the likelihood of serious harm by such person to himself or herself or others is imminent unless such person is immediately taken into custody. Upon arrival at the mental health facility, the peace officer or mental health coordinator who conveyed such person or caused him or her to be conveyed shall either present the application for detention for evaluation and treatment upon which the court has issued a finding of probable cause and the respondent was taken into custody or complete an application for initial detention for evaluation and treatment for a period not to exceed ninety-six hours which shall be based upon his or her own personal observations or investigations and shall contain the information required in subsection 1 of this section.
4. If a person presents himself or herself or is presented by others to a mental health facility and a licensed physician, a registered professional nurse or a mental health professional designated by the head of the facility and approved by the department for such purpose has reasonable cause to believe that the person is mentally disordered and presents an imminent likelihood of serious harm to himself or herself or others unless he or she is accepted for detention, the licensed physician, the mental health professional or the registered professional nurse designated by the facility and approved by the department may complete an application for detention for evaluation and treatment for a period not to exceed ninety-six hours. The application shall be based on his or her own personal observations or investigation and shall contain the information required in subsection 1 of this section.
5. Any oath required by the provisions of this section shall be subject to the provisions of section 492.060.
­­--------
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2022 S.B. 775, et al.)

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 632 - Comprehensive Psychiatric Services

Section 632.005 - Definitions.

Section 632.010 - Responsibilities, powers, functions and duties of division.

Section 632.015 - Division director to be chief administrative officer.

Section 632.020 - Advisory council for comprehensive psychiatric services — members, number, terms, qualifications, appointment — organization, meetings — duties.

Section 632.025 - Services to be provided.

Section 632.030 - Department to develop state plan, contents.

Section 632.035 - Department director to establish regions.

Section 632.040 - Department director may establish regional councils — division director to appoint members — terms and qualifications of members.

Section 632.045 - Duties of regional advisory councils — plans — employment of staff.

Section 632.050 - Division to identify community-based services.

Section 632.055 - Division to provide services.

Section 632.060 - Department may establish outpatient clinics — cooperation with others.

Section 632.070 - Department of social services to cooperate with mental health department — consent for minors required.

Section 632.105 - Adults to be accepted for evaluation, when, by whom — may then be admitted to mental health facility — consent required.

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.

Section 632.115 - Juveniles to be admitted by heads of facilities when committed.

Section 632.120 - Incompetents to be accepted by heads of facilities upon application — duration of admission for evaluation — consent may be authorized.

Section 632.150 - Release of voluntary patients — voluntary patient may be involuntarily detained, procedure.

Section 632.155 - Release of voluntary minor patients, consent required — may be involuntarily detained, when, procedure.

Section 632.175 - Review of patient's condition, by whom, when — release or placement — copy of review to be given.

Section 632.300 - Procedure when a likelihood of serious harm is alleged.

Section 632.305 - Detention for evaluation and treatment, who may request — procedure — duration — disposition after application.

Section 632.310 - Facilities to accept certain applicants — evaluation to follow — transportation back to place of residence.

Section 632.312 - Transportation costs, sheriff may be reimbursed.

Section 632.315 - Copies of admission application to be furnished.

Section 632.320 - Time limits for certain procedures.

Section 632.325 - Information to be furnished to patient and others, when.

Section 632.330 - Additional detention and treatment may be requested — contents of petition.

Section 632.335 - Court procedures relating to continued detention or outpatient detention and treatment — continued detention may be ordered — patient's rights relating thereto.

Section 632.337 - Immediate inpatient detention during court-ordered outpatient detention and treatment, procedure.

Section 632.340 - Further additional detention or outpatient detention and treatment may be requested — hearing to be held, when — treatment plan to be presented.

Section 632.345 - Physician or licensed psychologist to be appointed, qualifications — detention to be continued, how long.

Section 632.350 - Conduct of hearing — jury question — result.

Section 632.355 - Additional detention or period of outpatient detention and treatment may be ordered, when.

Section 632.360 - Discharge of patient, when — procedure.

Section 632.365 - Where detention to take place.

Section 632.370 - Transfer of patient by department — hearing on transfer of minor to adult ward — consent required — notice to be given — considerations — transfer to federal facility, notice, restrictions.

Section 632.375 - Patient to be evaluated, when — report to certain persons — court may consider continuation of detention.

Section 632.380 - Provisions of chapter not to apply to certain persons.

Section 632.385 - Patient to be placed outside facility, when — conditions — duration — furloughs — modification of orders — notice requirements.

Section 632.390 - Head of program to release certain patients — notification to interested parties — involuntary patient may become voluntary, notification to interested parties.

Section 632.392 - Release of patient involuntarily detained, duties of department — educational materials — disclosure of confidential information — "care provider" defined.

Section 632.395 - Court may order transfer of custody to federal facility, when — head of federal facility to be successor administrator — court to retain jurisdiction — orders from courts of other states to be observed in this state.

Section 632.400 - Reexamination of detained person.

Section 632.405 - Prosecutor's duties.

Section 632.410 - Venue — change of jurisdiction.

Section 632.415 - Court to maintain register of attorneys available to represent patients — state to pay certain attorney's fees.

Section 632.420 - Certain examining physicians to be paid by state.

Section 632.425 - Physician-patient, psychologist-patient privileges waived in detention proceedings.

Section 632.430 - Appeals — to have priority — attorney general to be notified and to represent state.

Section 632.435 - Habeas corpus.

Section 632.440 - No liability for health care professionals, public officials and certain peace officers.

Section 632.445 - No liability for petitioners.

Section 632.450 - Representation by attorney required — duties of attorney.

Section 632.455 - Patient, absent without permission, return may be requested, when.

Section 632.475 - Sexual psychopaths committed before August 13, 1980, effect — application for release, hearing procedure — law officers to be given notice of probation or discharge.

Section 632.480 - Definitions.

Section 632.483 - Notice to attorney general, when — contents of notice — immunity from liability, when — multidisciplinary team established — prosecutors' review committee established.

Section 632.484 - Detention and evaluation of persons alleged to be sexually violent predators — duties of attorney general and department of mental health.

Section 632.486 - Petition filed by attorney general, when — copy of multidisciplinary team's assessment to be filed with petition.

Section 632.489 - Probable cause determined — sexually violent predator taken into custody, when — hearing, procedure — examination by department of mental health.

Section 632.492 - Trial — procedure — assistance of counsel, right to jury, when.

Section 632.495 - Unanimous verdict required — offender committed to custody of department of mental health, when — contracting with county jails, when — release, when — mistrial procedures.

Section 632.498 - Annual examination of mental condition, not required, when — annual review by the court — petition for release, hearing, procedures (when director disapproves).

Section 632.501 - Petition for release — hearing (when director approves).

Section 632.504 - Subsequent petitions for release — approval or denial procedures.

Section 632.505 - Conditional release — interagency agreements for supervision, plan — court review of plan, order, conditions — copy of order — continuing control and care — modifications — violations — agreements with private entities — fee, rulema...

Section 632.507 - Attorney general to inform victims — notification of proceedings.

Section 632.510 - Release of information, when.

Section 632.513 - Sealed records of proceedings — access permitted, when.

Section 632.520 - Offender committing violence against an employee--definitions--penalty--damage of property, violation, penalty.

Section 632.525 - Abrogation of case law, sexually violent offense definition.

Section 632.550 - Definitions.

Section 632.553 - Department to designate county for demonstration project — advisory board, members, duties — project goals.

Section 632.555 - Governing board for project, members, terms, duties.

Section 632.557 - Reports to governor and general assembly.

Section 632.560 - Mental health care provider requirements.

Section 632.575 - Unlawful use of unmanned aircraft over a mental health hospital, offense of — permissible acts — signage — violation, penalty.