630.127. Notification protocols--rulemaking authority.
Notification protocols--rulemaking authority.
630.127. 1. The department of mental health shall develop rules,guidelines, and protocols for an initial notification to a parent orguardian of a patient, resident, or client when first entering the care andcustody of the department, or when first entering a facility licensed,certified, or funded by the department. Such notification shall notify theparent or guardian, or a consumer who is his or her own guardian, of thepossibility of a person being placed in the facility with the patient,resident, or client who falls in one of the following categories:
(1) Individuals who are required to register as a sexual offender,under sections 589.400 to 589.425, RSMo; or
(2) Individuals who have been determined to lack capacity tounderstand the proceedings against him or her or to assist in his or herown defense under section 552.020, RSMo, for offenses the person would haveotherwise been required to register as a sexual offender under sections589.400 to 589.425, RSMo.
2. Such rules, guidelines and protocols developed under subsection 1of this section shall include the process and mechanisms for assessingrisk, for planning and providing care and safety, and for the provision ofservices and supports necessary to mitigate risk for persons residing in astate facility or facility licensed, certified, or funded by thedepartment. Such protocols shall also provide a mechanism for the parentor guardian, or the consumer who is his or her own guardian, to raise anyconcerns and to seek consultation about the placement.
3. The department of mental health shall develop rules, guidelines,and protocols for notifying a parent or guardian of a patient, resident, orclient, or a consumer who is his or her own guardian, residing in a statefacility or facility licensed, certified, or funded by the department thata person required to register as a sexual offender under sections 589.400to 589.425, RSMo, is residing in or has been placed in the same statefacility, or facility licensed, certified, or funded by the department asthe patient, resident, or client. Such protocols shall provide a mechanismfor the parent or guardian, or the consumer who is his or her own guardian,to raise any concerns and to seek consultation prior to placement of theperson required to register as a sexual offender.
4. The department of mental health shall develop rules, guidelines,and protocols to obtain consent from the parent or guardian of a patient,resident, or client, or a consumer who is his or her own guardian and whofalls under the category in subdivision (2) of subsection 1 of this sectionto disclose his or her name and criminal charges to other parents orguardians of a patient, resident, or client, or to a consumer who is his orher own guardian residing in the same facility. Such request fordisclosure shall inform all parties of the steps to be taken in the eventconsent to disclose is given or denied. Refusal to grant consent underthis subsection by a parent or guardian of a patient, resident, or client,or a consumer who is his or her own guardian, of a facility licensed,certified, or funded by the department shall not prevent placement.
5. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo.
(L. 2007 S.B. 3)