SECOND REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WARD.
Read 1st time April 20, 2004, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 211, RSMo, by adding thereto one new section relating to evaluation of juveniles taken into state custody.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 211, RSMo, is amended by adding thereto one new section, to be known as section 211.057, to read as follows:
211.057. 1. When a child is taken into custody by the state which would place the child under the jurisdiction of the juvenile court pursuant to subdivision (2), (3), or (5) of subsection 1 of section 211.031, the following actions shall be taken:
(1) Pursuant to subsection 2 of this section, the child's case shall be submitted to the review committee to determine whether the child should receive a psychological evaluation by a licensed clinical mental health professional employed by or contracting with the state to provide such mental health services;
(2) Upon completion of any psychological evaluation conducted pursuant to this section and if such evaluation determines in the clinical judgment of a licensed clinical mental health professional that the child suffers from a mental health condition that creates a substantial risk that such child is a danger to himself or herself or to other persons, the child shall receive treatment services for such mental health condition until the licensed clinical mental health professional determines that the child is no longer a danger to himself or herself or to other persons; provided that in all cases under this subdivision, the child shall remain under state supervision until the child's eighteenth birthday. Such supervision may include, but shall not be limited to, any of the following:
(a) Requiring the child to be treated in a residential program or receive therapy under the direction of a licensed clinical mental health professional while the child is in the custody of the state and/or after such child is released from the custody of the state;
(b) Placing the child on probation or parole, or other similar court-ordered oversight measures, after the child leaves the custody of the state for the purpose of monitoring and verifying the continuation of such child's mental health treatment until the licensed clinical mental health professional determines that the child is no longer at risk. Such oversight measures shall include, but shall not be limited to, a juvenile sexual offender list available to law enforcement personnel and licensed clinical mental health professionals only; or
(c) Delaying the child's release from state custody solely based on the mental health of the child until such time as the licensed clinical mental health professional determines that the child can receive the necessary mental health treatment services without remaining in the custody of the state and that sufficient oversight provisions are in place to ensure the continuation of any treatment services the licensed clinical mental health professional deems necessary.
2. There is hereby established the "Juvenile Mental Health Review Committee" within the juvenile court system to review all cases of juveniles taken into custody by the state and under the jurisdiction of the juvenile court pursuant to subdivision (2), (3), or (5) of subsection 1 of section 211.031 to determine whether such child should be psychologically evaluated by a licensed clinical mental health professional. The review committee shall consist of five members, all of which shall be clinical mental health professionals licensed in this state with expertise and training in the diagnosis and treatment of juveniles. Such qualifications shall include expertise and training in child victimization and treatment of juvenile sexual offenders. At least one member of the review committee shall be a licensed clinical mental health professional who works in the sexual predator unit. The members of the review committee shall be appointed by the governor with the advice and consent of the senate. Members of the committee shall serve four-year terms; except that, of the initial members appointed to the review committee, two shall be appointed to a two-year term and three shall be appointed to a four-year term.
3. The purpose of the juvenile mental health review committee shall be to screen children placed in the custody of the state at the earliest possible time to identify those children who are at severe risk and require greater supervision and mental health treatment services. All cases of children placed in the custody of the state under subdivision (2), (3), or (5) of subsection 1 of section 211.031 shall be reviewed by the committee at the earliest feasible time after the child is taken into state custody, but in no event shall a child be released from state custody until the committee has reviewed the child's case and made a determination as to the need for psychological evaluation of such child.
4. The case of any child referred by the committee for psychological evaluation shall remain open until the child reaches the age of eighteen. Any court or state agency responsible for receiving or responding to reports related to such children shall accept reports and respond appropriately in all cases remaining open under this section.
5. For purposes of this section, all licensed clinical mental health professionals must be specialists in child and adolescent behaviors and must have at least a master's degree in relevant mental health field from an accredited university.