PURPOSE: This rule prescribes policies for designation of protectors and recognition of certain rights of protectors, parents and guardians of clients of the Division of Mental Retardation and Developmental Disabilities. (1) The term protector means a parent, relative or other person designated by an adult client that does not have a guardian. The protector shall be recognized by the division to assist the client in planning and participating in habilitation.

1. (2) The division shall recognize and encourage parents who are willing and able to exercise their rights to be involved in clients’ comprehensive evaluations, care, habilitation, placement or referral as set out in this rule.
2. (3) As set out in section 633.110, RSMo, parents of minor clients and legal guardians have the right to approve or refuse care, habilitation, referral or placement of their children or wards.

3. (4) Adult clients who have not been declared legally incapacitated may give their written consent for parents, relatives or other persons to serve as their protectors to advocate for and advise, guide and encourage the clients and members of the interdisciplinary team in developing and providing habilitation plans.

   1. (A) In accordance with departmental policy, the consent shall authorize the protectors’ access to those client records specified by the clients and for periods of time specified by the clients.
   2. (B) Protectors shall not have the right to approve or refuse care, habilitation, referral or placement of clients.
   3. (C) Clients may revoke their consent verbally or in writing at any time and facility staff shall recognize the revocations immediately.
   4. (D) Consents and revocations shall be documented in clients’ records and heads of facilities shall give copies to protectors.

4. (5) If facility staff find that a parent, guardian or protector is acting contrary to the best interest of a client by preventing or disrupting the client’s care or habilitation, the staff shall notify the head of the facility of their findings. If the head of the facility concurs with the findings, s/he shall provide written notification of the findings to the parent, guardian or protector.

   1. (A) If the client is a minor, the head of the facility may consult with juvenile court about the findings and then take appropriate action as authorized by law.
   2. (B) In the case of a legal guardian, the head of the facility shall consult about the matter with department attorneys and the probate division judge supervising the guardian and, if indicated, take appropriate action through the court.
   3. (C) In the case of a protector, the head of the facility shall allow the protector to present an appeal in person or in writing regarding the findings. If the head of the facility continues to concur with the findings, the protector may further appeal the notice of nonrecognition to the division director, who shall review the decision of the head of the facility and suspend, modify, affirm or reverse the action of the head of the facility. The division director shall notify the head of the facility and the protector in writing of the decision. The decision of the division director shall be final.

AUTHORITY: section 630.050, RSMo 1994.* This rule was previously filed as 9 CSR 50- 1.055. Original rule filed March 4, 1992, effective Aug. 6, 1992. Amended: Filed May 25, 1995, effective Dec. 30, 1995. *Original authority: 630.050, RSMo 1980, amended 1993.