Juvenile Transfers
Purpose
When a juvenile (under the age of eighteen (18) years) is placed on an adult ward of a CPS state facility, that person must have a due process hearing.
Authority: 630.050 RSMo, DOR 4.563
Pre-Transfer:
- Sending facility contacts Coordinator of Children and Youth Services (Coordinator) to request a pre-transfer hearing.
- If Approved, Coordinator contacts hearings officer/designee to schedule a hearing.
- Hearing should be scheduled and held within five (5) working days of Coordinator's approval.
- Client shall be given at least two (2) working days notice of the hearing.
- Client may request a continuance.
- Recommendation to the Director of CPS must be issued by hearings officer within four (4) working days of hearing.
- Director of CPS makes final decision within one (1) working day.
- Decision may be appealed to Director, Department of Mental Health.
Copies of the hearings officer's recommendation are sent to:
- Client (original)
- Client's attorney/advocate (if appropriate)
- Superintendent of sending facility
- Superintendent of receiving facility
- Director of Forensic Services (if forensic)
- Client's parent/guardian
- Sending facility's representative (the person who presents the case)
- Director of Children's Services
Post-Transfer
- Sending facility contacts Coordinator and hearings officer/designee within one (1) working day of transfer, to schedule a post transfer hearing.
- Hearing must be scheduled and held within five (5) working days of the emergency transfer.
- Client shall be given at least two (2) working days notice of the hearing.
- Client may request a continuance.
- Recommendation to the Director of CPS by the hearings officer must be issued within four (4) working days of hearing.
- Director of CPS makes final decision within one (1) working day.
Copies of the hearing officer's recommendation are sent to:
- Client (original)
- Client's attorney/advocate (if appropriate)
- Superintendent of sending facility
- Superintendent of Fulton State Hospital (if appropriate)
- Director of Forensic Services (if forensic)
- Client's parent/guardian
- Sending facility's representative (the person who presents the case)
- Director of Children's Services