Missouri Revised Statutes

Mo. Rev. Stat. § 632.335 (2026)

Court procedures relating to continued detention or outpatient detention and treatment

✓ current as of May 2026

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632.335. Court procedures relating to continued detention or outpatient detention and treatment — continued detention may be ordered — patient's rights relating thereto. — 1. The petition for additional inpatient detention and treatment not to exceed twenty-one days or the petition for outpatient detention and treatment not to exceed one hundred eighty days shall be filed with the court having probate jurisdiction. At the time of filing the petition, the court clerk shall set a date and time for the hearing which shall take place within two judicial days of the filing of the petition. The clerk shall promptly notify the respondent, his or her attorney, the petitioner and the petitioner's attorney of the date and time for the hearing. The court shall not grant continuances except upon a showing of good and sufficient cause. If a continuance is granted, the court, in its discretion, may order the person released pending the hearing upon conditions prescribed by the court. The court may order the continued detention and treatment of the person at a mental health facility pending the continued hearing, and a copy of such order shall be furnished to the facility.

2. The hearing shall be conducted in as informal a manner as may be consistent with orderly procedure and in a physical setting not likely to have a harmful effect on the respondent. Due consideration shall be given by the court to holding a hearing at the mental health facility. The respondent shall have the following rights in addition to those specified elsewhere:

(1) To be represented by an attorney;

(2) To present evidence on his or her own behalf;

(3) To cross-examine witnesses who testify against him or her;

(4) To remain silent;

(5) To view and copy all petitions and reports in the court file of his or her case;

(6) To have the hearing open or closed to the public as he or she elects;

(7) To be proceeded against according to the rules of evidence applicable to civil judicial proceedings; and

(8) A hearing before a jury if requested by the patient or his or her attorney.

3. The respondent shall be present at the hearing, unless the respondent's physical condition is such that he or she cannot be present in the courtroom or if the court determines that the respondent's conduct in the courtroom is so disruptive that the proceedings cannot reasonably continue.

4. At the conclusion of the hearing, if the court finds, based upon clear and convincing evidence, that respondent, as the result of mental illness, presents a likelihood of serious harm to himself or herself or to others, and that a mental health program appropriate to handle the respondent's condition has agreed to accept him or her, the court shall order either that the respondent be detained for inpatient involuntary treatment in the least restrictive environment for a period not to exceed twenty-one days or be detained for outpatient detention and treatment under the supervision of a mental health program in the least restrictive environment for a period not to exceed one hundred eighty days.

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(L. 1980 H.B. 1724, A.L. 1996 S.B. 884 & 841, A.L. 2023 S.B. 106)

Notes of Decisions

Cited in 8 cases (2 in the last 5 years), 1981–2023 · leading case: Care & Treatment of Bernat v. State, 194 S.W.3d 863 (Mo. 2006).

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Care & Treatment of Bernat v. State, 194 S.W.3d 863 (Mo. 2006). · cites it 8× “In other words, the state asks this Court to infer an affirmative bar on according this right to alleged SVPs from the fact the legislature has consistently "remained silent" on this issue.”

In re Todd, 767 S.W.2d 589 (Mo. Ct. App. 1988). · cites it 2× “Todd was ordered committed to Southeast Missouri Mental Health Cen *590 ter for a period not to exceed twenty-one days on December 1, 1988, after an eviden-tiary hearing that day where the trial court found pursuant to § 632.335 RSMo 1986 that she had a mental illness and that,…”

In re Brocato, 621 S.W.2d 547 (Mo. Ct. App. 1981). · cites it 2× “As is pointed out above, there is no evidence to show Brocato’s physical condition, especially with reference to height, weight and appearance as related to nourishment. Again, without any facts in evidence there is no evidentiary support for a finding that Brocato was incapable…”

In The Matter of L.T. (Mo. Ct. App. 2023). · cites it 6× “340 addresses further detention of a person who is already subject to inpatient detention and treatment for a 21-day period pursuant to section 632.335. Section 632.340.2 provides that a petition seeking further detention "shall comply with the requirements of section 632.”

Bell v. Jones, 659 S.W.2d 802 (Mo. Ct. App. 1983). · cites it 2× “The physician also noted Bell’s refusal to continue using his medicine if released. The treating physician filed the petition requesting extended care, to which Bell filed his motion to dismiss.”

Blum v. Schmitt (E.D. Mo. 2021). · cites it 2× “In his appellate brief, Blum argued that the State’s demand for jury trial over his waiver violated only Missouri law, and specifically Article 1, § 22(a) of the Missouri Constitution and Mo. Rev. Stat. §§ 632.335 , 632.350. (See Resp.”

Pierce v. Pemiscot Mem'l Health Sys., 25 F. Supp. 3d 1198 (E.D. Mo. 2014). · cites it 2× “§ 632.335. And, at that hearing, respondents are entitled to be represented by an attorney, present evidence on their own behalf, cross-examine witnesses, view evidence in the court file, and have a hearing before a jury.”

In re N.B., 672 S.W.2d 191 (Mo. Ct. App. 1984). “After hearing, an order pursuant to § 632.335 for twenty-one day commitment was issued by the court.”

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