632.430. Appeals — to have priority — attorney general to be notified and to represent state. — 1. Appeals from court orders made under this chapter may be made by the respondent or by the petitioner to the appropriate appellate court pursuant to the rules of civil procedure of the supreme court of Missouri pertaining to appeals. Such appeal shall have priority on the docket of the appellate court and shall be expedited in all respects. The court shall notify the attorney general's office whenever an appeal is filed under this subsection, and the attorney general shall represent the state when it is a party to such appeal.
2. A motion to stay any order restricting an individual's liberty may be filed in either the court or the appropriate appellate court. A stay order shall not be granted in any case where the court finds that the person is so mentally ill that there is an imminent likelihood of serious physical harm to himself or herself or others if he or she is not detained or treated pending appeal. Any refusal to grant a stay by the court may be reviewed by the appropriate appellate court on motion.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 2001–2023 · leading case:
In re C.T., 432 S.W.3d 283 (Mo. Ct. App. 2014).
In re C.T., 432 S.W.3d 283 (Mo. Ct. App. 2014).
· cites it 2× “Pursuant to section 632.430, any person under a court order of involuntary detention for mental health treatment under Chapter 632 can file a motion to stay "any order restricting an individual’s liberty” in “either the court or the appropriate appellate court.”
Attorney Gen. v. Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001).
“However, among those statutes is one specifically allowing appeals: § 632.430.”
In The Matter of L.T. (Mo. Ct. App. 2023).
· cites it 2× “This court ordered the appeal expedited pursuant to section 632.430. 1 The briefing schedule was shortened and the case was docketed for oral argument on August 15, 2023.”
In the Matter of C.T. (Mo. Ct. App. 2014).
· cites it 2× “This Court defers to the trial 3 Pursuant to section 632.430, any person under a court order of involuntary detention for mental health treatment under Chapter 632 can file a motion to stay “any order restricting an individual’s liberty” in “either the court or the appropriate…”
In Re Salcedo, 34 S.W.3d 862 (Mo. Ct. App. 2001).
“However, among those statutes is one specifically allowing appeals: § 632.430.”
Pierce v. Pemiscot Mem'l Health Sys., 25 F. Supp. 3d 1198 (E.D. Mo. 2014).
“; see also § 632.430 (“an attorney shall be appointed to represent the respondent in all judicial proceedings under this chapter”).”
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