Effective - 28 Aug 1996
632.325. Information to be furnished to patient and others, when. — If the respondent is accepted for evaluation or for evaluation and treatment pursuant to this chapter, he shall be advised, orally and in writing, of the information contained in subdivisions (1) through (11) of this section. The respondent's guardian and, if possible and the respondent consents, a responsible member of his immediate family shall be advised, within eight hours either orally or in writing, of the information contained in subdivisions (1) through (11) of this section. The personnel of the mental health facility to which the respondent is taken or the mental health coordinator shall advise the aforementioned individuals that unless the respondent is released or voluntarily admits himself within ninety-six hours of the initial detention:
(1) He may be detained for ninety-six hours from the time of his initial detention to be evaluated and treated;
(2) Within the ninety-six hours, the head of the mental health facility or the mental health coordinator may file a petition to have him detained for an additional period not to exceed twenty-one days, after a court hearing;
(3) He will be given a judicial hearing within two judicial days after the day the petition for additional detention is filed;
(4) An attorney has been appointed who will represent him before and after the hearing and who will be notified as soon as possible; provided, however, that he also has the right to private counsel of his own choosing and at his own expense;
(5) He has the right to communicate with counsel at all reasonable times and to have assistance in contacting such counsel;
(6) The purpose of the evaluation is to determine whether he meets the criteria for civil detention under this chapter and that anything he says to personnel at the mental health facility may be used in making that determination, may result in involuntary detention proceedings being filed against him and may be used at the court hearing;
(7) He has the right to present evidence and to cross-examine witnesses who testify against him at the hearing;
(8) During the period prior to being examined by a licensed physician, he may refuse medication unless he presents an imminent likelihood of serious physical injury to himself or others;
(9) He has the right to refuse medication except for lifesaving treatment beginning twenty-four hours prior to the hearing for twenty-one-day detention;
(10) He has the right to request that the hearing be held in his county of residence if he is a resident of this state;
(11) He has the right to have an interpreter assist him to communicate, at the facility or during the hearing, or both, if he has impaired hearing or does not speak English.
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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)
Structure 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 632.025 - Services to be provided.
Section 632.030 - Department to develop state plan, contents.
Section 632.035 - Department director to establish regions.
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 632.115 - Juveniles to be admitted by heads of facilities when committed.
Section 632.300 - Procedure when a likelihood of serious harm is alleged.
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 632.350 - Conduct of hearing — jury question — result.
Section 632.360 - Discharge of patient, when — procedure.
Section 632.365 - Where detention to take place.
Section 632.380 - Provisions of chapter not to apply to certain persons.
Section 632.400 - Reexamination of detained person.
Section 632.405 - Prosecutor's duties.
Section 632.410 - Venue — change of jurisdiction.
Section 632.420 - Certain examining physicians to be paid by state.
Section 632.435 - Habeas corpus.
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 632.480 - Definitions.
Section 632.492 - Trial — procedure — assistance of counsel, right to jury, when.
Section 632.501 - Petition for release — hearing (when director approves).
Section 632.504 - Subsequent petitions for release — approval or denial procedures.
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 632.525 - Abrogation of case law, sexually violent offense definition.
Section 632.550 - Definitions.
Section 632.555 - Governing board for project, members, terms, duties.
Section 632.557 - Reports to governor and general assembly.