The legal basis for the provision of medical services comes from the following Missouri statutes:
207.020(17) To accept for social services and care, homeless, dependent and neglected children in all counties where legal custody being 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, RSMo;
208.204.2. Through judicial review or Family Support Team meetings, the Children’s Division shall determine which cases involve children in the system due exclusively to a need for mental health services, and identify the cases where no instance of abuse, neglect, or abandonment exists.
208.204.3. Within sixty days of a child being identified pursuant to the above, an individualized treatment plan shall be developed by the applicable state agencies responsible for providing or paying for any/all appropriate services-subject to appropriation-and the Department of Social Services shall submit the plan to the appropriate judge of the child for approval. The child may be returned by the judge to the custody of the child’s family.
208.204.4. When the children are returned to their family’s custody and become the service responsibility of the department of mental health, the appropriate moneys to provide for the care of each child…shall be billed to the Department of Social Services by the Department of Mental Health pursuant to a comprehensive financing plan developed jointly by the two departments.
210.002 Year 2000 Plan requires The Children’s Division (CD) to participate in the development and implementation of coordinated social and health services which includes preventive, maintenance and long-term medical and mental health care.
210.108.1. As used in this section, “voluntary placement agreement” means a written agreement between the department of social services and a parent, legal guardian, or custodian of a child seventeen years of age or younger solely in need of mental health treatment. A voluntary placement agreement developed under a Department of Mental Health assessment and certification of appropriateness authorizes the Department of Social Services to administer the placement and care of a child while the parent, legal guardian, or custodian of the child retains legal custody.
210.108.2. The Department of Social Services may enter into a cooperative interagency agreement with the Department of Mental Health authorizing the Department of Mental Health to administer the placement and care of a child under a voluntary placement agreement. The Department of Mental Health is defined as a child placing agency under section 210.481 solely for children placed under a voluntary placement agreement.
210.108.3 Any function delegated from the Department of Social Services to the Department of Mental Health regarding the placement and care of children shall be administered and supervised by the Department of Social Services to ensure compliance with federal and state law.
210.108.4. The Departments of Social Services and Mental Health may promulgate rules under this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall be come effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonservable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.
210.110. The Children’s Division will develop an approach which will recognize and treat the specific needs of at-risk and abused or neglected children under the age of ten (10). A physical, developmental, and mental health screening must be completed within thirty days of a child’s entry into custody and every six months thereafter as long as the child remains in care. Screenings may be offered at a centralized location and include, at a minimum, the following:
- A complete physical to be performed by a pediatrician familiar with the effects of abuse and neglect on young children;
- A developmental, behavioral, and emotional screening.
210.720(2) In such permanency hearings the court shall consider all relevant factors including; (3) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.
210.760 In making placements in foster care the Children’s Division shall: (2) Provide full and accurate medical information and medical history to the persons providing foster care at the time of placement.
210.002 Year 2000 Plan requires The Children’s Division (CD) to participate in the development and implementation of coordinated social and health services which includes preventive, maintenance and long-term medical and mental health care.