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Juvenile Transfers

Purpose: When a juvenile (under the age of eighteen (18) years) is placed on an adult ward of a CPS state facility, that person must have a due process hearing.

Authority: 630.050 RSMo, DOR 4.563

Pre-Transfer:

  1. Sending facility contacts Coordinator of Children and Youth Services (Coordinator) to request a pre-transfer hearing.
  2. If Approved, Coordinator contacts hearings officer/designee to schedule a hearing.
  3. Hearing should be scheduled and held within five (5) working days of Coordinator's approval.
  4. Client shall be given at least two (2) working days notice of the hearing.
  5. Client may request a continuance.
  6. Recommendation to the Director of CPS must be issued by hearings officer within four (4) working days of hearing.
  7. Director of CPS makes final decision within one (1) working day.
  8. Decision may be appealed to Director, Department of Mental Health.
  9. Copies of the hearings officer's recommendation are sent to:
    • Client (original)
    • Client's attorney/advocate (if appropriate)
    • Superintendent of sending facility
    • Superintendent of receiving facility
    • Director of Forensic Services (if forensic)
    • Client's parent/guardian
    • Sending facility's representative (the person who presents the case)
    • Director of Children's Services

Post-Transfer

  1. Sending facility contacts Coordinator and hearings officer/designee within one (1) working day of transfer, to schedule a post transfer hearing.
  2. Hearing must be scheduled and held within five (5) working days of the emergency transfer.
  3. Client shall be given at least two (2) working days notice of the hearing.
  4. Client may request a continuance.
  5. Recommendation to the Director of CPS by the hearings officer must be issued within four (4) working days of hearing.
  6. Director of CPS makes final decision within one (1) working day.
  7. Copies of the hearing officer's recommendation are sent to:
    • Client (original)
    • Client's attorney/advocate (if appropriate)
    • Superintendent of sending facility
    • Superintendent of Fulton State Hospital (if appropriate)
    • Director of Forensic Services (if forensic)
    • Client's parent/guardian
    • Sending facility's representative (the person who presents the case)
    • Director of Children's Services