Peace officer may act, when, how--involuntary treatment may beordered, how, where rendered--religious beliefs to be observed.
660.290. 1. When a peace officer has probable cause tobelieve that an eligible adult will suffer an imminent likelihoodof serious physical harm if not immediately placed in a medicalfacility for care and treatment, that the adult is incapable ofgiving consent, and that it is not possible to follow theprocedures in section 660.285, the officer may transport, orarrange transportation for, the eligible adult to an appropriatemedical facility which may admit the eligible adult and shallnotify the next of kin, if known, and the director.
2. Where access to the eligible adult is barred and asubstantial likelihood exists of serious physical harm resultingto the eligible adult if he is not immediately affordedprotective services, the peace officer may apply to theappropriate court for a warrant to enter upon the describedpremises and remove the eligible adult. The application for thewarrant shall identify the eligible adult and the circumstancesand facts which require the issuance of the warrant.
3. If immediately upon admission to a medical facility, aperson who is legally authorized to give consent for theprovision of medical treatment for the eligible adult, has notgiven or refused to give such consent, and it is the opinion ofthe medical staff of the facility that treatment is necessary toprevent serious physical harm, the director or the head of themedical facility shall file a petition in the appropriate courtfor an order authorizing specific medical treatment. The courtshall hold a hearing and issue its decision forthwith.Notwithstanding the above, if a licensed physician designated bythe facility for such purpose examines the eligible adult anddetermines that the treatment is immediately or imminentlynecessary and any delay occasioned by the hearing provided inthis subsection would jeopardize the life of the person affected,the medical facility may treat the eligible adult prior to suchcourt hearing.
4. The court shall conduct a hearing pursuant to chapter475, RSMo, forthwith and, if the court finds the eligible adultincapacitated, it shall appoint a guardian ad litem for theperson of the eligible adult to determine the nature and extentof the medical treatment necessary for the benefit of theeligible adult and to supervise the rendition of such treatment.The guardian ad litem shall promptly report the completion oftreatment to the court, who shall thereupon conduct a restorationhearing or a hearing to appoint a permanent guardian.
5. The medical care under this section may not be renderedin a mental health facility unless authorized pursuant to thecivil commitment procedures in chapter 632, RSMo.
6. Nothing contained in this section or in any other sectionof sections 660.250 to 660.295 shall be construed as requiringphysician or medical care or hospitalization of any person who,because of religious faith or conviction, relies on spiritualmeans or prayer to cure or prevent disease or suffering nor shallany provision of sections 660.250 to 660.295 be construed so asto designate any person as an eligible adult who presents alikelihood of suffering serious physical harm and is in need ofprotective services solely because such person, because ofreligious faith or conviction, relies on spiritual means orprayer to cure or prevent disease or suffering.
Peace officer may act, when, how--involuntary treatment may beordered, how, where rendered--religious beliefs to be observed.
660.290. 1. When a peace officer has probable cause tobelieve that an eligible adult will suffer an imminent likelihoodof serious physical harm if not immediately placed in a medicalfacility for care and treatment, that the adult is incapable ofgiving consent, and that it is not possible to follow theprocedures in section 660.285, the officer may transport, orarrange transportation for, the eligible adult to an appropriatemedical facility which may admit the eligible adult and shallnotify the next of kin, if known, and the director.
2. Where access to the eligible adult is barred and asubstantial likelihood exists of serious physical harm resultingto the eligible adult if he is not immediately affordedprotective services, the peace officer may apply to theappropriate court for a warrant to enter upon the describedpremises and remove the eligible adult. The application for thewarrant shall identify the eligible adult and the circumstancesand facts which require the issuance of the warrant.
3. If immediately upon admission to a medical facility, aperson who is legally authorized to give consent for theprovision of medical treatment for the eligible adult, has notgiven or refused to give such consent, and it is the opinion ofthe medical staff of the facility that treatment is necessary toprevent serious physical harm, the director or the head of themedical facility shall file a petition in the appropriate courtfor an order authorizing specific medical treatment. The courtshall hold a hearing and issue its decision forthwith.Notwithstanding the above, if a licensed physician designated bythe facility for such purpose examines the eligible adult anddetermines that the treatment is immediately or imminentlynecessary and any delay occasioned by the hearing provided inthis subsection would jeopardize the life of the person affected,the medical facility may treat the eligible adult prior to suchcourt hearing.
4. The court shall conduct a hearing pursuant to chapter475, RSMo, forthwith and, if the court finds the eligible adultincapacitated, it shall appoint a guardian ad litem for theperson of the eligible adult to determine the nature and extentof the medical treatment necessary for the benefit of theeligible adult and to supervise the rendition of such treatment.The guardian ad litem shall promptly report the completion oftreatment to the court, who shall thereupon conduct a restorationhearing or a hearing to appoint a permanent guardian.
5. The medical care under this section may not be renderedin a mental health facility unless authorized pursuant to thecivil commitment procedures in chapter 632, RSMo.
6. Nothing contained in this section or in any other sectionof sections 660.250 to 660.295 shall be construed as requiringphysician or medical care or hospitalization of any person who,because of religious faith or conviction, relies on spiritualmeans or prayer to cure or prevent disease or suffering nor shallany provision of sections 660.250 to 660.295 be construed so asto designate any person as an eligible adult who presents alikelihood of suffering serious physical harm and is in need ofprotective services solely because such person, because ofreligious faith or conviction, relies on spiritual means orprayer to cure or prevent disease or suffering.
Peace officer may act, when, how--involuntary treatment may beordered, how, where rendered--religious beliefs to be observed.
660.290. 1. When a peace officer has probable cause tobelieve that an eligible adult will suffer an imminent likelihoodof serious physical harm if not immediately placed in a medicalfacility for care and treatment, that the adult is incapable ofgiving consent, and that it is not possible to follow theprocedures in section 660.285, the officer may transport, orarrange transportation for, the eligible adult to an appropriatemedical facility which may admit the eligible adult and shallnotify the next of kin, if known, and the director.
2. Where access to the eligible adult is barred and asubstantial likelihood exists of serious physical harm resultingto the eligible adult if he is not immediately affordedprotective services, the peace officer may apply to theappropriate court for a warrant to enter upon the describedpremises and remove the eligible adult. The application for thewarrant shall identify the eligible adult and the circumstancesand facts which require the issuance of the warrant.
3. If immediately upon admission to a medical facility, aperson who is legally authorized to give consent for theprovision of medical treatment for the eligible adult, has notgiven or refused to give such consent, and it is the opinion ofthe medical staff of the facility that treatment is necessary toprevent serious physical harm, the director or the head of themedical facility shall file a petition in the appropriate courtfor an order authorizing specific medical treatment. The courtshall hold a hearing and issue its decision forthwith.Notwithstanding the above, if a licensed physician designated bythe facility for such purpose examines the eligible adult anddetermines that the treatment is immediately or imminentlynecessary and any delay occasioned by the hearing provided inthis subsection would jeopardize the life of the person affected,the medical facility may treat the eligible adult prior to suchcourt hearing.
4. The court shall conduct a hearing pursuant to chapter475, RSMo, forthwith and, if the court finds the eligible adultincapacitated, it shall appoint a guardian ad litem for theperson of the eligible adult to determine the nature and extentof the medical treatment necessary for the benefit of theeligible adult and to supervise the rendition of such treatment.The guardian ad litem shall promptly report the completion oftreatment to the court, who shall thereupon conduct a restorationhearing or a hearing to appoint a permanent guardian.
5. The medical care under this section may not be renderedin a mental health facility unless authorized pursuant to thecivil commitment procedures in chapter 632, RSMo.
6. Nothing contained in this section or in any other sectionof sections 660.250 to 660.295 shall be construed as requiringphysician or medical care or hospitalization of any person who,because of religious faith or conviction, relies on spiritualmeans or prayer to cure or prevent disease or suffering nor shallany provision of sections 660.250 to 660.295 be construed so asto designate any person as an eligible adult who presents alikelihood of suffering serious physical harm and is in need ofprotective services solely because such person, because ofreligious faith or conviction, relies on spiritual means orprayer to cure or prevent disease or suffering.
