632.370. Transfer of patient by department--hearing on transfer of minor to adult ward--consent required--notice to be given--considerations--transfer to federal facility, notice, restrictions.
Transfer of patient by department--hearing on transfer of minor toadult ward--consent required--notice to begiven--considerations--transfer to federal facility, notice,restrictions.
632.370. 1. The department may transfer, or authorize the transferof, an involuntary patient detained under this chapter, chapter 211, RSMo,chapter 475, RSMo, or chapter 552, RSMo, from one mental health program toanother if the department determines that it would be consistent with themedical needs of the patient to do so. If a minor is transferred from award for minors to an adult ward, the department shall conduct a dueprocess hearing within six days of such transfer during which hearing thehead of the program shall have the burden to show that the transfer isappropriate for the medical needs of the minor. Whenever a patient istransferred, written notice thereof shall be given after obtaining theconsent of the patient, his parent if he is a minor or his legal guardianto his legal guardian, parents and spouse, or, if none be known, hisnearest known relative or friend. In all such transfers, due considerationshall be given to the relationship of the patient to his family, legalguardian or friends, so as to maintain relationships and encourage visitsbeneficial to the patient. The head of the mental health program shallnotify the court ordering detention or commitment, the patient's last knownattorney of record and the mental health coordinator for the region, andif the person was committed pursuant to chapter 552, RSMo, to theprosecuting attorney of the jurisdiction where the person was tried andacquitted, of any transfer from one mental health facility to another. Theprosecutor of the jurisdiction where the person was tried and acquittedshall use their best efforts to notify the victims of dangerous felonies.Notification by the appropriate person or agency by certified mail to themost current address provided by the victim shall constitute compliancewith the victim notification requirement of this section. In the case of apatient committed under chapter 211, RSMo, the court, on its own motion,may hold a hearing on the transfer to determine whether such transfer isappropriate to the medical needs of the patient.
2. Upon receipt of a certificate of an agency of the United Statesthat facilities are available for the care or treatment of any individualheretofore ordered involuntarily detained, treated and evaluated pursuantto this chapter in any facility for the care or treatment of the mentallyill, mentally retarded or developmentally disabled and that such individualis eligible for care or treatment in a hospital or institution of suchagency, the department may cause his transfer to such agency of the UnitedStates for hospitalization. Upon effecting any such transfer, the courtordering hospitalization, the legal guardian, spouse and parents, or, ifnone be known, his nearest known relative or friend shall be notifiedthereof immediately by the department. No person shall be transferred toan agency of the United States if he is confined pursuant to a convictionfor any felony or misdemeanor or if he has been acquitted of any felony ormisdemeanor solely on the ground of mental illness, unless prior totransfer the court originally ordering confinement of such person enters anorder for the transfer after appropriate motion and hearing. Any persontransferred to an agency of the United States shall be deemed to behospitalized by such agency pursuant to the original order ofhospitalization.
(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841)