Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates the title to better capture
the information provided in the rule. The amendment also updates language in
the purpose and the amendments throughout. The amendment changes the timeframe
for the regional administrator to make a decision on a request for
administrative transfer from two (2) days to five (5) working days to allow
additional time for review. The amendment changes the timeframe for the
hearings officer to set a date for a vertical transfer hearing from seven (7)
calendar days to fifteen (15) calendar days to allow more notification to be
given to those wanting to attend. The amendment changes the timeframe for the
hearing officer to notify the participants of the decisions on the vertical
transfer hearing from two (2) working days to five (5) working days to allow
additional time for review.
PURPOSE: This rule protects the rights and ensures the
appropriate treatment of youth moved from one Division of Youth Services (DYS)
program to another. The procedure is to be used if a youth has been
inappropriately classified into a program or if the program is not meeting the
youth's needs.
(1) An administrative
transfer may be effected when a change in placement, either interagency or
intragency, may better serve the needs of the youth. An administrative transfer
is a transfer from one (1) foster home to another, from one (1) community-based
facility to another, or from one (1) medium or secure care facility to another.
(A) Such a transfer may be effected when one
(1) or more of the following conditions are present:
1. An opening exists in a similar placement
that is closer to the youth's home community;
2. A placement in a different area would
provide access to a program(s) and that would be of special benefit to the
youth; and
3. There is evidence the
youth has potential to benefit from the program offered in his/her current
placement but either internal or external forces make it difficult for them to
obtain maximum value from the placement.
(B) The youth, their parent(s) or guardian(s)
or site supervisor or service coordinator may request an administrative
transfer in writing to the regional administrator or their designee. The
regional administrator or their designee shall review the request and, if
appropriate, authorize the transfer. In determining whether a transfer is
appropriate, the following information as relevant in reaching a conclusion
shall be considered:
1. Reasons offered both
in support of and in opposition to the transfer;
2. Evaluation of the progress of the youth in
the current placement; and
3.
Availability of space in other programs and approval of the receiving facility
manager. If this transfer is across regional lines, then the appropriate
regional administrator or their designee shall be involved.
(C) The regional administrator or
their designee shall notify, in writing, the youth, their parent(s) or
guardian(s), and site supervisor or service coordinator of the decision as to
whether the transfer is approved or disapproved and the reason therefore. The
decision shall be made within five (5) working days of the request and a copy
of the transfer shall be included in the youth's case record.
(2) A vertical transfer is a
transfer from a community-based program to any DYS residential program.
(A) A vertical transfer may be effected when-
1) the youth poses a danger to the safety of
other persons, employees, the site, or the community; or
2) the youth will benefit more from the
pro-gram(s) offered at the recommended site than from the program(s) offered in
the current placement.
(B) The following procedures must be followed
for a vertical transfer:
1. The youth,
parent(s) or guardian(s), site supervisor, or service coordinator may request a
transfer;
2. The request shall be
in writing to the regional administrator or their designee and shall state the
reasons the transfer is being requested;
3. Upon receipt of the request, the regional
administrator or their designee shall appoint a hearing officer and one (1) or
more parties who are neutral and objective to hold a hearing;
4. The hearing officer shall set a date for a
hearing on the question of transfer. This hearing shall be held within fifteen
(15) calendar days from the date the request is received;
5. The youth, parent(s) or guardian(s) of the
youth, and the site supervisor or service coordinator shall be given adequate
and timely notice of the time and place of the hearing and of the reasons
therefore, stated with specificity, that the transfer has been requested;
and
6. The youth and the parent(s)
or guardian(s) of the youth shall also be notified that the youth has the right
to present evidence, to confront and cross-examine witnesses, and to remain
silent at the hearing. Further, the youth shall have the right to request a
staff member or a parent(s) or guardian(s) or attorney to represent him/her at
this hearing.
(C) Only
information introduced as evidence at the hearing shall be considered by the
hearing officer(s). The following are considered relevant to the determination:
the treatment needs of the youth; and whether other programs, either
community-based or residential, would provide a program(s) better suited to the
needs of the youth.
(D) Within five
(5) working days of the hearing, the hearing officer(s) shall notify, in
writing, the youth, the parent(s) or guardian(s) of the youth, and the person
who has physical custody of the youth of its decision and the reasons
therefore.
(E) A vertical transfer
shall not be authorized as punishment.
(3) An interagency transfer is a transfer
from a program or facility operated by or under the control of the division to
a program or facility operated by or under the control of another agency.
(A) An interagency transfer may be effected
when the division lacks the programs or services to promote the rehabilitation
of the youth and another childcaring agency is equipped to provide these
programs or services.
(B) The
director or their designee may authorize an interagency transfer if, after a
careful examination of the youth's needs, they determine that the transfer
should be effected. After a decision for transfer is made, the youth, their
parent(s) or guardian(s), and the service coordinator will be notified of the
decision and the reasons for the transfer. One (1) copy of the notice will be
retained in the youth's case record.
(4) Appeal of a Transfer Decision. When the
decision is made to transfer the youth, the youth and the parent(s) or
guardian(s) of the youth shall be notified of the right to petition the
director for a hearing to review the decision in accordance with 219.051,
RSMo.
*Original authority: 219.021, RSMo 1975, amended 1980,
1981, 1987, 1993, 1995 and 219.036, RSMo 1975, amended
1993.
