Effective - 28 Aug 2011
633.120. Referral for admission to facility, when — admission or rejection, appeal — consent. — 1. A regional center may refer a client for admission to a developmental disability facility only if determined by a comprehensive evaluation that:
(1) The person has a developmental disability;
(2) Protective services are required to guarantee the health, safety or mental well-being of the person;
(3) Placement in a developmental disability facility is in the best interests of the person; and
(4) All other less restrictive services, including but not limited to family support and supported living, have been explored and found inadequate to prevent placement in a developmental disability facility.
2. The regional center shall forward its comprehensive evaluation containing the determination under subsection 1 of this section and such other records as are necessary to enable the developmental disability facility to determine whether to accept or reject the referral.
3. The head of a private developmental disability facility may, and the head of a department developmental disability facility shall, admit the person if, as a result of reviewing the evaluation, the head of the developmental disability facility determines that the client is appropriate for admission as a resident and suitable accommodations are available. If the head of a department developmental disability facility rejects the referral, the regional center may appeal the rejection to the division director. After consulting with the head of the referring regional center and the head of the department developmental disability facility, the division director shall determine the appropriate disposition of the client.
4. The person to be admitted, if competent, his parent or legal custodian, if he is a minor, or his guardian, as authorized by a court, shall consent to the admission unless otherwise ordered by a court.
5. The head of a developmental disability facility shall have an individualized habilitation plan for each resident within thirty days of the resident's admission. Such plan shall include a statement regarding the resident's anticipated length of stay in the facility and the feasibility of least restrictive alternatives.
6. If procedures are initiated under chapter 475 for the appointment of a guardian for a resident of a department developmental disability facility, the referral procedure under this section shall not apply.
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(L. 1980 H.B. 1724, A.L. 1990 H.B. 1383, A.L. 2011 H.B. 555 merged with H.B. 648)
Structure Missouri Revised Statutes
Title XL - Additional Executive Departments
Chapter 633 - Intellectual Disabilities and Developmental Disabilities
Section 633.005 - Definitions.
Section 633.010 - Responsibilities, powers, functions and duties of division.
Section 633.015 - Division director to be chief administrative officer.
Section 633.025 - Services to be provided.
Section 633.027 - Developmentally disabled persons to be served.
Section 633.029 - Definition to determine status of eligibility.
Section 633.030 - Department to develop state plan, contents.
Section 633.035 - Department director to establish regions.
Section 633.045 - Duties of regional advisory councils — plans.
Section 633.050 - Regional councils to review, advise and recommend — duties.
Section 633.100 - Department to establish regional centers.
Section 633.105 - Regional centers to secure services.
Section 633.110 - What services may be provided — consent required, when.
Section 633.115 - Entities to be used by regional centers.
Section 633.130 - Evaluation of residents required — discharge thereafter.
Section 633.140 - Return of absentee, procedure.
Section 633.145 - Transfer of patient between facilities by department — notice, consent.
Section 633.155 - Admission for respite care for limited time only.
Section 633.160 - Emergency admission may be made, duration, conditions.
Section 633.170 - Definitions.
Section 633.175 - Community awareness program — administration of family support program.
Section 633.190 - Promulgation of rules.
Section 633.210 - Office of autism services established, duties — autism spectrum disorder defined.
Section 633.303 - Termination of workers on disqualification registry.
Section 633.309 - No transfer to homes or facilities with noncompliance notices.