Missouri 2025 Regular Session

Missouri Senate Bill SB124 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 124
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR ROBERTS.
6	6	0926S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 219.021, RSMo, and to enact in lieu thereof one new section relating to library
9	9	facilities within the division of youth services.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 219.021, RSMo, is repealed and one new 1
13	13	section enacted in lieu thereof, to be known as section 219.021, 2
14	14	to read as follows:3
15	15	219.021. 1. Except as provided in subsections 2 and 3 1
16	16	of this section, any child may be committed to the custody 2
17	17	of the division when the juvenile court determines a 3
18	18	suitable community-based treatment service does not exist, 4
19	19	or has proven ineffective; and when the child is adjudicated 5
20	20	pursuant to the provisions of subdivision (3) of subsection 6
21	21	1 of section 211.031 o r when the child is adjudicated 7
22	22	pursuant to subdivision (2) of subsection 1 of section 8
23	23	211.031 and is currently under court supervision for 9
24	24	adjudication under subdivision (2) or (3) of subsection 1 of 10
25	25	section 211.031. The division shall not keep any y outh 11
26	26	beyond his eighteenth birth date, except upon petition and a 12
27	27	showing of just cause in which case the division may 13
28	28	maintain custody until the youth's twenty -first birth date. 14
29	29	Notwithstanding any other provision of law to the contrary, 15
30	30	the committing court shall review the treatment plan to be 16
31	31	provided by the division. The division shall notify the 17
32	32	court of original jurisdiction from which the child was 18 SB 124 2
33	33	committed at least three weeks prior to the child's release 19
34	34	to aftercare supervision. The notification shall include a 20
35	35	summary of the treatment plan and progress of the child that 21
36	36	has resulted in the planned release. The court may formally 22
37	37	object to the director of the division in writing, stating 23
38	38	its reasons in opposition to the release. The director 24
39	39	shall review the court's objection in consideration of its 25
40	40	final approval for release. The court's written objection 26
41	41	shall be made within a one -week period after it receives 27
42	42	notification of the division's planned release; otherwise 28
43	43	the division may assume court agreement with the release. 29
44	44	The division director's written response to the court shall 30
45	45	occur within five working days of service of the court's 31
46	46	objection and preferably prior to the release of the child. 32
47	47	The division shall not place a child directly into a precare 33
48	48	setting immediately upon commitment from the court until it 34
49	49	advises the court of such placement. 35
50	50	2. No child who has been diagnosed as having a mental 36
51	51	disease or a communicable or contagious disease shall be 37
52	52	committed to the division; except the division may, by 38
53	53	regulation, when services for the proper care and treatment 39
54	54	of persons having such diseases are available at any of the 40
55	55	facilities under its control, authorize the commitment of 41
56	56	children having such diseases to it for treatment in such 42
57	57	institution. Notice of any such regulation shall be 43
58	58	promptly mailed to the judges and juvenile officers of all 44
59	59	courts having jurisdiction of cases involving children. 45
60	60	3. When a child has been committed t o the division, 46
61	61	the division shall forthwith examine the individual and 47
62	62	investigate all pertinent circumstances of his background 48
63	63	for the purpose of facilitating the placement and treatment 49
64	64	of the child in the most appropriate program or residential 50 SB 124 3
65	65	facility to assure the public safety and the rehabilitation 51
66	66	of the child; except that, no child committed under the 52
67	67	provisions of subdivision (2) of subsection 1 of section 53
68	68	211.031 may be placed in the residential facilities 54
69	69	designated by the division a s a maximum security facility, 55
70	70	unless the juvenile is subsequently adjudicated under 56
71	71	subdivision (3) of subsection 1 of section 211.031. 57
72	72	4. The division may transfer any child under its 58
73	73	jurisdiction to any other institution for children if, after 59
74	74	careful study of the child's needs, it is the judgment of 60
75	75	the division that the transfer should be effected. If the 61
76	76	division determines that the child requires treatment by 62
77	77	another state agency, it may transfer the physical custody 63
78	78	of the child to that agency, and that agency shall accept 64
79	79	the child if the services are available by that agency. 65
80	80	5. The division shall make periodic reexaminations of 66
81	81	all children committed to its custody for the purpose of 67
82	82	determining whether existing disposition s should be modified 68
83	83	or continued. Reexamination shall include a study of all 69
84	84	current circumstances of such child's personal and family 70
85	85	situation and an evaluation of the progress made by such 71
86	86	child since the previous study. Reexamination shall be 72
87	87	conducted as frequently as the division deems necessary, but 73
88	88	in any event, with respect to each such child, at intervals 74
89	89	not to exceed six months. Reports of the results of such 75
90	90	examinations shall be sent to the child's committing court 76
91	91	and to his parents or guardian. 77
92	92	6. Failure of the division to examine a child 78
93	93	committed to it or to reexamine him within six months of a 79
94	94	previous examination shall not of itself entitle the child 80
95	95	to be discharged from the custody of the division but shall 81
96	96	entitle the child, his parent, guardian, or agency to which 82 SB 124 4
97	97	the child may be placed by the division to petition for 83
98	98	review as provided in section 219.051. 84
99	99	7. The division is hereby authorized to establish, 85
100	100	build, repair, maintain, and operate, from fun ds 86
101	101	appropriated or approved by the legislature for these 87
102	102	purposes, facilities and programs necessary to implement the 88
103	103	provisions of this chapter. Such facilities or programs may 89
104	104	include, but not be limited to, the establishment and 90
105	105	operation of training schools, maximum security facilities, 91
106	106	moderate care facilities, group homes, day treatment 92
107	107	programs, family foster homes, aftercare, counseling 93
108	108	services, educational services, and such other services as 94
109	109	may be required to meet the needs of children committed to 95
110	110	it. The division may terminate any facility or program no 96
111	111	longer needed to meet the needs of children , except that the 97
112	112	division shall maintain adequate library facilities for 98
113	113	children in its custody . 99
114	114	8. The division may institute d ay release programs for 100
115	115	children committed to it. The division may arrange with 101
116	116	local schools, public or private agencies, or persons 102
117	117	approved by the division for the release of children 103
118	118	committed to the division on a daily basis to the custody of 104
119	119	such schools, agencies, or persons for participation in 105
120	120	programs. 106
121	121	9. The division shall make all reasonable efforts to 107
122	122	ensure that any outstanding judgment entered in accordance 108
123	123	with section 211.185 or any outstanding assessments ordered 109
124	124	in accordance with section 211.181 be paid while a child is 110
125	125	in the care, custody or control of the division. 111
126	126	