211.201. Commitment of children to department of mental health, duration — jurisdiction by court and department — extension of commitment, procedure. — 1. Notwithstanding the provisions of sections 211.151, 211.161 and 211.181, and any other provision of law contrary to this section, the juvenile court may not order that children be detained by, committed to or otherwise placed in the department of mental health for periods longer than thirty days except as provided in sections 211.201 to 211.207.
2. Notwithstanding any other provision of law to the contrary, a juvenile court loses jurisdiction of a child committed by it to the department of mental health unless, by the terms of its order committing the child to the department, the court expressly retains jurisdiction of the child.
3. If a child is to be detained beyond his eighteenth birthday in the custody of the department, the child may only be held pursuant to an express court order entered after a hearing within thirty days of the child's eighteenth birthday. The department shall notify the court thirty days before the child's eighteenth birthday that the department shall discharge the child unless the court sets the matter down for a hearing. If the court, on its own motion or motion of any interested party, believes the person should be detained, the court shall give proper notice of the hearing before the child's eighteenth birthday to the director of the department and other parties as required by law.
Notes of Decisions
Eckerhart v. Hensley, 475 F. Supp. 908 (W.D. Mo. 1979).
· cites it 2× “The Fifth Circuit cited three grounds for civil commitment to mental institutions: danger to others, danger to self, and the need for treatment, care or supervision.”
State v. Kemper, 535 S.W.2d 241 (Mo. Ct. App. 1975).
· cites it 2× “On the third finding, regarding appellant’s mental condition, appellant contends that the finding is not supported by clear, cogent and convincing evidence, and that even if it were, the standard implied in the finding is improper and that the proper standard should be whether…”
State v. Ewing, 518 S.W.2d 643 (Mo. 1975).
“-355) ; epileptic-, mentally deficient or mentally disordered juveniles, who may be disposed of under § 211.201(1) and (2) ; §§ 195.505, 195.520, 195.”
Missouri Dep't of Mental Health v. Juv. Officer, 995 S.W.2d 21 (Mo. Ct. App. 1999).
· cites it 2× “181, as a broad general grant of power to commit a child to the custody of a public agency or institution, must yield to the more specific provisions of §§ 211.201 and 211.202. Section 211.201.1, which governs the commitment of children to the Department, provides in relevant…”
In re Cad, 995 S.W.2d 21 (Mo. Ct. App. 1999).
· cites it 2× “181, as a broad general grant of power to commit a child to the custody of a public agency or institution, must yield to the more specific provisions of §§ 211.201 and 211.202. Section 211.201.1, which governs the commitment of children to the Department, provides in relevant…”
Mo. Rev. Stat. § 211.201(1): 1 case
State v. Ewing, 518 S.W.2d 643 (Mo. 1975).
“-355) ; epileptic-, mentally deficient or mentally disordered juveniles, who may be disposed of under § 211.201(1) and (2) ; §§ 195.505, 195.520, 195.”
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