Effective - 28 Aug 2011
633.125. Discharge from facility, when — may be denied, procedure thereafter — referral to regional center for placement, when. — 1. A resident admitted to a developmental disability facility pursuant to section 633.120 shall be discharged immediately when the person who applied for his admission requests the release orally, in writing or otherwise from the head of the developmental disability facility; except, that if the head of the developmental disability facility regards the resident as presenting a likelihood of serious harm to himself or others, the head of the facility may initiate involuntary detention procedures pursuant to chapter 632, if appropriate, or any individual, including the head of the facility or the mental health coordinator may initiate guardianship proceedings and, if appropriate, obtain an emergency commitment order pursuant to chapter 475.
2. A resident shall be discharged from a department developmental disability facility if it is determined in a comprehensive evaluation or periodic review that the person is not intellectually disabled or developmentally disabled, and if the resident, parent, if a minor, or guardian consents to the discharge. If consent is not obtained, the head of the facility shall initiate appeal proceedings under section 633.135, before a resident can be discharged.
3. A resident shall either be discharged from a department developmental disability facility or shall be referred to a regional center for placement in a least restrictive environment pursuant to section 630.610, if it is determined in a comprehensive evaluation or periodic review that the following criteria exist:
(1) The resident's condition is not of such a nature that for the protection or adequate care of the resident or others the resident needs department residential habilitation or other services;
(2) The developmental disability facility does not offer a program which best meets the resident's needs; or
(3) The developmental disability facility does not provide the least restrictive environment feasible. A resident may not be discharged without his consent or the consent of his parent, if he is a minor, or guardian unless proceedings have been completed under section 633.135.
4. After a resident's discharge pursuant to subsection 3 of this section, the resident shall be referred to an appropriate regional center for assistance in obtaining any necessary services.
--------
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, 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.