Hearings and Appeals
The Department of Mental Health has an internal process in place to challenge decisions made by Department of Mental Health administrators. This process occurs through administrative hearings. The Department of Mental Health's administrative hearings process is administered by the Department's Hearings Administrator. The office of the Hearings Administrator is located within the Office of Quality Management in Jefferson City.
When a Department of Mental Health administrator takes an action against someone that the person does not agree, he/she may contest the administrator's decision by having an administrative hearing with the Department's Hearings Administrator. Some of the allegations/actions that may result in an administrative hearing include:
- allegations an employee has committed abuse against a consumer
- allegations an employee has committed neglect against a consumer
- allegations an employee has committed misused a consumer's funds or property
- allegations a client who has been released from a psychiatric facility who lives in the community under a court order should have his/her conditional release revoked because the client has violated one or more conditions of his/her release or the client's return to a psychiatric facility is the least restrictive alternative consistent with the client's needs and public safety
- transfer of an adult from a minimum or intermediate secure facility to a maximum secure psychiatric facility ( Biggs Forensic Center )
- transfer of minor from a children's psychiatric facility to an adult psychiatric facility
- revocation or denial of an agency's license as a provider of services to consumers with mental retardation and/or developmental disabilities
- revocation or denial of an agency's certification as a provider of services to consumers of alcohol and/or drug abuse programs
- eligibility for services from the Department of Mental Health made applicants who consider themselves as having mental retardation and/or developmental disabilities
- eligibility for services or participation in the Medicaid Home and Community Based Waiver program
The authority for the Department of Mental Health administrator's action and the adversely affected party's right to an administrative hearing can be found in state statute, state regulation, and /or department regulation. The legal authority for the Department administrator's action will be in the written letter that contains the administrator's decision. Statutes and Regulations that concern administrative hearings include:
9 C.S.R. 10-5.200 - Report of Complaints of Abuse, Neglect and Misuse of Funds/Property
9 C.S.R. 45-2.020 - Appeals Procedures for Service Eligibility Through the Division of Mental Retardation and Developmental Disabilities
Department Operating Regulation 4.533, Transfer to Biggs Forensic Center
Department Operating Regulation 4.563, Transfer of Minors to Adult Wards
Section 552.040.17 (this section concerns revocation of forensic's client's conditional release)
Department Operating Regulation, 4.470, Revocation of Conditional Release or Trial Release
9 C.S.R. 10-7.130 (concerns certification of alcohol an/or drug abuse programs
9 C.S.R. 40-1.050 (concerns licensure of residential facility or day program serving the mentally retarded, developmentally disabled, mentally ill or mentally disordere
In addition to the statutes and regulations stated in the Department Administrator's letter, you can read the Guidelines or Standards of Practice in Administrative Hearings held before the Missouri Department of Mental Health.
