PURPOSE: The purpose of this rule is to protect the rights and ensure the appropriate treatment of youth moved from one Division of Youth Services (DYS) facility to another. The procedure is to be used if a youth has been inappropriately classified into a facility or if the facility is not meeting the youth’s needs. Residential care services are those services which provide twenty-four (24)-hour living accommodations and are operated by division employees. These facilities include group homes, park camps and institutions.

1. (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) institution to another.

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

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

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 be of special benefit to the youth; and

1. 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 him/her to obtain maximum value from the placement.

1. (B) The youth, his/her parent or guardian or site or service coordinator may request an administrative transfer in writing to the regional administrator and his/her designee. The regional administrator or his/her designee shall review the request and, if appropriate, shall authorize the transfer. In determining whether a transfer is appropriate the following information as relevant in reaching a conclusion shall be considered:

   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 pro-

grams and approval of the receiving facility manager. If this transfer is across regional lines, then the appropriate regional administrator or his/her designee shall be involved.

1. (C) The regional administrator or his/her designee shall notify, in writing, the youth, his/her parents or guardian and site 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 two (2) working days of the request and a copy of the transfer shall be included in the youth’s case record.

1. (2) A vertical transfer is a transfer from a community-based program to any DYS residential program.

   1. (A) A vertical transfer may be effected when—1) the youth poses a danger to the safety of other persons, staff, the site, or the community; or 2) the youth will benefit more from the program(s) offered at the recommended site than from the program(s) offered in the current placement.

   2. (B) The following procedures must be followed in order to effect a vertical transfer:

      1. 1. The youth, parent or guardian, site or

service coordinator may request a transfer;

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

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

1. 3. Upon receipt of the request, the

regional administrator or his/her designee shall appoint a hearing officer and one or more parties who are neutral and objective to hold a hearing;

1. 4. The hearing officer shall set a date for

a hearing on the question of transfer. This hearing shall be held within seven (7) calendar days from the date the request is received;

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

youth, and the site 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

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 hearing.

1. (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 institutional, would provide a program(s) better suited to the needs of the youth.
2. (D) Within two (2) days of the hearing, the hearing officer(s) 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 therefore.
3. (E) A vertical transfer shall not be authorized as punishment.

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 services.
   2. (B) The director or his/her designee may authorize an interagency transfer if, after a careful examination of the youth’s needs, s/he determines that the transfer should be effected. After a decision for transfer is made, the youth, his/her parents or guardian, and the service coordinator will be notified of the decision and the reasons for the transfer. One
2. (1) copy of the notice will be retained in the youth’s case record.
3. (4) 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 1994.

AUTHORITY: sections 219.021.4, RSMo Supp. 1999 and 219.036, RSMo 1994.* Original rule filed Dec. 30, 1975, effective Jan. 9, 1976. Rescinded and readopted: Filed May 30, 1979, effective Sept. 14, 1979. Amended: Filed Feb. 10, 2000, effective Aug. 30, 2000. *Original authority: 219.021, RSMo 1975, amended 1980, 1981, 1987, 1993, 1995 and 219.036, RSMo 1975, amended 1993.