This subsection contains the Legal Basis for the Provision of Health Care Services and the following: Definitions, Medical and Behavioral Health Case Management, Informed Consent Medical Service Alternatives/Planning, Identification of Children in the Custody of the Children’s Division Solely for the Purpose of Accessing Mental Health Services, Custody Diversion Protocol, Voluntary Placement Agreement, Pregnancy of Child in Out-of-Home Care, Chemical Dependency Treatment, HIV/AIDS Issues, Life Support, Sustaining Therapies and Death of a Child in the Legal Custody of the Children’s Division.
Legal Basis for the Provision of Health Care Services:
To accept for social services and care, homeless, dependent or neglected children in all counties where legal custody is vested in the Children’s Division by the juvenile court where the juvenile court has acquired jurisdiction pursuant to subdivision (1) or (2) of subsection 1 of section 211.031; provided that prior to legal custody being vested in the Children’s Division, the Children’s Division shall conduct an evaluation of the child, examine the child and investigate all pertinent circumstances of his or her background for the purpose of determining appropriate services and a treatment plan for the child. This evaluation shall involve local division staff and consultation with the juvenile officer or such officer’s designee, appropriate state agencies, including but not limited to the department of mental health and the department of elementary and secondary education, or private practitioners who are knowledgeable of the child or programs or services appropriate to the needs of the child and shall be completed within thirty days. Temporary custody may be placed with the Children’s Division while the evaluation is being conducted. A report of such proceedings and findings shall be submitted in writing to the appropriate court in accordance with section 207.020 (17) RSMo., 2014.
Legal custody, according to Section 211.021 (4), RSMo., means the right to care, custody and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline of a child. Legal custody may be taken from a parent only by court action and if the legal custody is taken from a parent without termination of parental rights, the parent’s duty to provide support continues even though the person having legal custody may provide the necessities of daily living.
Related Practice Points and Memos:
7-9-19 – PP19 CM-01 – Timely Informed Consent – Inpatient Hospitalizations and Medication Management Checkups
7-26-19 – CD19-47 – Informed Consent for Psychotropic Medication (Form CD-275)
4-9-20 – PP20-CM-03 – Mandatory Psychotropic Medication Reviews
7-23-20 CD20-34 –Introduction to Child Welfare Manual policy updates to align with best practices and comply with Joint Settlement Agreement requirements.
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