PURPOSE: The purpose of this rule is to protect the rights and insure the appropriate treatment of juveniles moved from one Division of Youth Seruices (DYSj facility to another. The procedure is to be used if a youngster has

Division llO-Division of Youth Services

been inappropriately classified into a facility or if the facility is not meeting his/her needs. Residential care are those seruices which provide twenty-four (24). hour liuing accommodations and are operated by diuision employees. ‘These facilities include group homes, park camps and institutions.

1. (I) A lateral transfer is a transfer from one
2. (1) foster home to another, from one (1) community-based facility to another or from

3. (1) one institution to another.

   1. (A) A lateral transfer may be effected when one (1) or more of the following conditions are present:

      1. 1. An opening exists in a similar plaee-

ment that is closer to the youth’s home community;

1. 2. A placement in a different area would

provide access to a program(s) and that would b f e o special benefit to the youth, and

1. 3. There is evidence the youth has poten-

tial to benefit from the program offered in his/her current placement but either internal or external forces make it difficult for him/her to obtain maximum value from the plaeeme,,t,

1. (B) The youth, his/her parent or guardian or a member of the treatment staff may request a lateral transfer. The facility manager or the superintendent having programmatic responsibility for the youth may initiate a lateral t ransfer and is authorized to complete the t ransfer. S/he shall consider the following information as relevant in reaching a conclusion:

   1. 1. Reasons offered both in support of and

in opposition to the transfer;

1. 2. Evaluation of the progress of the youth

in the current placement; and

1. 3. Availability of space in other programs

and approval of the receiving facility manager. If this move is acrws regional lines, then the appropriate regional administrator, institutional superintendent or assistant director should be involved.

1. (C) The facility manager or superintendent making the decision shall notify, in writing, the youth, the parents or guardian of the de&on to transfer or not to transfer (if requested by the youth, parent or guardian) and the reasons for reaching this decision. The decision shall be made within seven (7) days of the request and a copy of the notice shall be included in the youth’s case record.

1. (2) A vertical transfer is a transfer from a community-based program to an institution.

   1. (A) A vertical transfer may be effected when-l) the youth poses a danger to the safety of other persons, either staff or youth, at the facility; or 2) the youth will benefit more

      Roy D. Blunt SecreUR Of state

from the program(s) offered at a” institution than from the program(s) offered in the current placement.

1. (B) All of the following procedures must be followed in order to effect a vertical transfer:

   1. 1. The youth, the parents or guardian of

the youth or the person who has physical custody of the youth may request a transfer pursuant to this rule;

1. 2. The request shall be in writing to the

director or his/her designee and shall state the reasons the transfer is being requested;

1. 3. Upon receipt of the request, the director

or his/her designee shall appoint a three (3) member committee, with one (1) member designated as a chairperson, to hear evidence on the request. At least one (1) committee member shall be a supervisor. Other members may be selected from the aftercare workers, facility, treatment staff, classification specialists or other supervisors. All three (3) members of this committee shall be neutral and detached and shall not have worked directly with the youth in question prior to this time;

1. 4. The committee shall set a date for a

hearing on the question of transfer. In no event shall more than seven (7) days elapse between the time the request is received and the time the hearing is held;

1. 5. Tbe youth, the parents or guardian of

the youth and the person who has physical custody of the youth shall be given adequate and timely notice of the time and place of the hearing and of the reasons, stated with specificity, that the transfer has been requested; and

1. 6. The youth and the parents or guardian

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 or guardian or attorney to represent him/her at this proceeding.

1. (C) Only information adduced as evidence at the hearing shall be considered by the committee. The following are considered relevant to the determination: the treatment needs of the youth, and whether other programs, either community based or institutional, would provide a program(s) better suited to the needs of the youth.
2. (D) Within two (2) days of the hearing, the committee chairman shall notify, in writing, the youth, the parents or guardian of the youth and the person who has physical custody of the youth of its decision and the reasons for it.

3. (E) A vertical transfer shall not be authorized as punishment.

   Ray D. Blunt S~lrebly Of state

1. (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.

   1. (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 ser. vices.
   2. (B) The director or his/her designee may authorize a” interagency transfer. After a careful examination of the youth’s needs, s/he determines that the transfer should be effected. Within five (5) days after the decision to transfer is made, the youth, his/her parents or guardian will be notified of the decision and the reaso”s for the transfer. One (1) copy of the notice will be retained in the youth’s case record.

2. (4) An emergency transfer is the transfer of a youth from any division program, community-based or institutional, to either another division facility or a court-approved detention center for a short period of time, not to exceed ten (10) days.

   1. (A) An emergency transfer may be effected only when the youth poses a serious threat to the safety of staff or other youth or the youth is in a situation perilous to his/her safety.
   2. (B) The following procedure must be used in order to effect an emergency transfer. The “nit manager or institutional superintendent is authorized to approve and effect a” emergency transfer. The “nit manager or institutional superintendent shall notify the director or his/her designee of the decision to make a” emergency transfer. Upon notification, the director or his/her designee shall initiate the same transfer proceeding that is used in effecting a vertical transfer. The youth shall be given a fair hearing before a special committee in accordance with paragraph (2)(B)3. of this rule, and the committee shall decide whether to replace the youth in the original facility or to place him/her in a different facility.

3. (5) Appeal of a Transfer Decision. When the decision is made to transfer the youth, the youth and the parents or guardian 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 (1986).

   Auth: sections 219.021.4. and 219.036, RSMo (1986). Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Rescinded and readopted: Filed May 30, 1979, effectiue Sept. 14,1979.

   CODEOF STATE REGULATIONS 13 CSR 110-2 , @b