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RSMo 475.460effective 10 Sep 1947

Commitment to Veterans Administration or other United States agency

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In plain English

If a court decides someone needs to be placed in a hospital or care facility for mental health reasons, and that person qualifies for care through the Veterans Administration (VA) or another U.S. government agency, the court can send them there instead of a state hospital. The person must be told about the court proceedings and has the right to show up and speak. Missouri courts keep the power to check on that person and decide if they still need to be held, even if the facility is in another state. Someone already in a state mental hospital can also be moved to a VA or federal facility if a spot is available and they qualify — but not if they were locked up because of a crime or found not guilty by reason of insanity, unless a court approves the move first.

Word-for-word law

475.460. to or other United States agency. — 1. Whenever, in any under the laws of this state for the commitment of a person alleged to be of or otherwise in need of in a hospital or other institution for his proper care, it is determined after such of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans Administration or other agency of the United States government, the court, upon receipt of a from the Veterans Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said Veterans Administration or other agency. The person whose commitment is sought shall be personally with notice of the pending in the manner as provided by the law of this state; and nothing in sections 475.380 to 475.480 shall affect his right to appear and be heard in the proceedings. Upon commitment, such person, when admitted to any facility operated by any such agency within or without this state shall be subject to the of the Veterans Administration or other agency. The of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall with respect to such person be with the same powers as s of state hospitals for mental diseases within this state with respect to retention of , , or . is retained in the committing or other court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for of his , and all commitments sections 475.380 to 475.480 are so .

2. The or s of commitment by a of another state or of the of Columbia, committing a person to the Veterans Administration, or other agency of the United States government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint as is provided in 1 of this section with respect to persons committed by the courts of this state. is hereby given to the of the law of the committing state or district in respect to the of the chief officer of any facility of the Veterans Administration, or of any institution operated in this state by any other agency of the United States to retain custody, or transfer, parole or discharge the committed person.

3. Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to any hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to of any or or if he has been of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate and .

4. Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment.

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Source & history notes

(L. 1947 V. I p. 4 § 17)

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Related Missouri laws

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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.

RSMo 475.460: Commitment to Veterans Administration or other United States agency | KnowMo Laws