A minor may be admitted to an adult Division of Behavioral Health facility if the transfer or direct admission is necessary and appropriate. The transfer of a minor from Hawthorn Children’s Psychiatric Hospital into an adult facility or direct admission into an adult facility is necessary if Hawthorn cannot effectively provide for the medical needs, psychiatric needs, and safety needs of the minor and it is necessary for the safety of other patients, staff, or the general public. The transfer or direct admission is appropriate if the receiving facility has the resources to effectively provide for the minor’s developmental needs, including medical, educational, psychiatric, and safety needs.
The Chief Operating Officer of Hawthorn may apply to the Director of Children’s Services for a pre-transfer hearing. If approved, the hearing shall be held within five working days of the approval (excluding Saturday, Sunday, and legal holidays). If special circumstances require the immediate transfer of a minor and a pre-transfer hearing is not feasible, the COO of Hawthorn may transfer the minor to an adult facility on an emergency basis. The COO of Hawthorn notifies the Director of Children’s Services of the immediate transfer. If the Director of Children’s Services approves of the immediate transfer, a hearing shall take place within five working days of the transfer (excluding Saturday, Sunday, and legal holidays).
Regardless of whether the hearing takes place before the transfer or direct admission or after, the Department Hearings Administrator conducts the hearing. Pre-transfer hearings are held at Hawthorn; post-transfer and direct admission hearings are held at the receiving adult facility. An Assistant General Counsel represents Hawthorn at the hearing. The Hearings Administrator, COO of Hawthorn, client, client’s guardian, client’s attorney, and witnesses may appear at the hearing via video conference at the Hearings Administrator’s discretion. The Hearings Administrator issues a decision within four working days of the hearing (excluding Saturday, Sunday, and legal holidays) affirming or reversing the transfer or direct admission (or proposed transfer or direct admission) of the minor to the adult facility.
Authority: 630.050, 632.370 RSMo; DOR 4.563