Effective - 28 Aug 1988
632.385. Patient to be placed outside facility, when — conditions — duration — furloughs — modification of orders — notice requirements. — 1. The head of a mental health facility shall release a patient, whether voluntary or involuntary, from the facility to the least restrictive environment, including referral to and subsequent placement in the placement program of the department, when he believes that such release is in the best interests of the patient. Release to the least restrictive environment shall include provisions for continuing responsibility to and by the facility.
2. Release to the least restrictive environment may be conditioned on the patient receiving outpatient care as prescribed by the head of the mental health facility from which the patient is being released. The period of treatment in the least restrictive environment shall not exceed the period of one year.
3. The facility or agency which is to provide treatment in the least restrictive environment must agree in writing to assume such responsibility. A copy of the conditions for release shall be given to the patient, to the probate division of the circuit court having jurisdiction and the mental health facility providing treatment.
4. The head of a mental health facility may permit a respondent detained for treatment to leave the facility for prescribed short periods on trial visit during his detention subject to conditions prescribed by the head of the mental health facility.
5. The head of the mental health facility providing treatment may modify the conditions for continued release from the facility to the least restrictive environment when such modification is in the best interest of the patient. Notification of any changes shall be sent to the patient and to the court within ninety-six hours if the patient is involuntarily detained under this chapter. Upon a receipt of a notification returning the patient to the facility as an inpatient, the committing court shall, if necessary, order the sheriff or other law enforcement official to apprehend and transport the patient to the facility. The committing court may, on its own motion or shall upon the respondent's motion, order a hearing to be held on the need for such change.
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(L. 1980 H.B. 1724, A.L. 1988 H.B. 971)
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.