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Section A. Section 219.021, RSMo, is repealed and one new 1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