632.330. Additional detention and treatment may be requested--contents of petition.
Additional detention and treatment may be requested--contents ofpetition.
632.330. 1. At the expiration of the ninety-six hour period, therespondent may be detained and treated involuntarily for an additional twojudicial days only if the head of the mental health facility or a mentalhealth coordinator either has filed a petition for additional inpatientdetention and treatment not to exceed twenty-one days or has filed apetition for outpatient detention and treatment for a period not to exceedone hundred eighty days.
2. Within ninety-six hours following initial detention, the head ofthe facility or the mental health coordinator may file or cause to be filedeither a petition for a twenty-one-day inpatient involuntary detention andtreatment period or a petition for outpatient detention and treatment for aperiod not to exceed one hundred eighty days, provided he has reasonablecause to believe that the person is mentally ill and as a result presents alikelihood of serious harm to himself or others. The court shall serve thepetition and list of prospective witnesses for the petitioner upon therespondent and his attorney at least twenty-four hours before the hearing.The head of the facility shall also notify the mental health coordinator ifthe petition is not filed by the mental health coordinator. The petitionshall:
(1) Allege that the respondent, by reason of mental illness, presentsa likelihood of serious harm to himself or to others;
(2) Allege that the respondent is in need of continued detention andtreatment either on an inpatient basis or on an outpatient basis;
(3) Allege the specific behavior of the respondent or the facts whichsupport such conclusion;
(4) Affirm that attempts were made to provide necessary care,treatment and services in the least restrictive environment to therespondent on a voluntary basis, but either the petitioner believes thatthe respondent lacks the capacity to voluntarily consent to care, treatmentand services or the respondent refuses to voluntarily consent to care,treatment and services such that proceeding with a petition for therespondent's civil detention in the least restrictive environment isnecessary;
(5) Allege that there will be appropriate support from family,friends, case managers or others during the period of outpatient detentionand treatment in the community if such commitment is sought;
(6) Specify the mental health program that is appropriate to handlethe respondent's condition and that has agreed to accept the respondent;
(7) Specify the range of care, treatment and services that shall beprovided to the respondent if the petition for further detention issustained by the court;
(8) Name the entities that have agreed to fund and provide thespecified interventions; and
(9) Be verified by a psychiatrist or by a licensed physician and amental health professional who have examined the respondent.
3. The petitioner shall consider whether based on the respondent'scondition and treatment history, the respondent meets the criteria inchapter 475, RSMo, so that appointment of a full or limited guardian orconservator is appropriate for the court to consider, and if deemed so, thepetitioner then shall proceed as specified in subsection 4 of this section.
4. If the head of the mental health facility, or his designee, or themental health coordinator believes that the respondent, because of a mentalillness or mental disorder, may be incapacitated or disabled as defined inchapter 475, RSMo, the head of the mental health facility or mental healthcoordinator shall cause a petition to be filed pursuant to section 475.060,RSMo, and section 475.061, RSMo, if applicable, with the court havingprobate jurisdiction as determined by section 475.035, RSMo. In addition,if the head of the mental health facility, his designee or the mentalhealth coordinator believes it appropriate, he shall proceed with obtainingan order for the respondent's temporary emergency detention as provided forin section 475.355, RSMo. Furthermore, the hearing on the petition filedpursuant to chapter 475, RSMo, shall be conducted pursuant to therequirements of section 475.075, RSMo, and other appropriate sections ofchapter 475, RSMo, and shall be held within two judicial days aftertermination of the ninety-six-hour civil detention period unless continuedfor good cause shown. Nothing contained in this subsection shall restrictor prohibit the head of the mental health facility, his designee or themental health coordinator from proceeding under the appropriate provisionsof this chapter if the petition for guardianship or conservatorship isdenied.
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)