Transfers Between DYS Residential and/or Community Based Programs

PURPOSE: This rule protects the rights and ensures the appropriate treatment of youth moved from one Division of Youth Services (DYS) program to another. The procedure is to be used if a youth has been inappropriately classified into a program or if the program is not meeting the youth’s needs. (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) medium or secure care facility to another. (A) Such a transfer may be effected when one (1) or more of the following conditions are present: 1. An opening exists in a similar placement that is closer to the youth’s home community; 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 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 them to obtain maximum value from the placement. (B) The youth, their parent(s) or guardian(s) or site supervisor or service coordinator may request an administrative transfer in writing to the regional administrator or their designee. The regional administrator or their designee shall review the request and, if appropriate, authorize the transfer. In determining whether a transfer is appropriate, the following information as relevant in reaching a conclusion shall be considered: 1. Reasons offered both in support of and in opposition to the transfer; 2. Evaluation of the progress of the youth in the current placement; and 3. Availability of space in other programs and approval of the receiving facility manager. If this transfer is across regional lines, then the appropriate regional administrator or their designee shall be involved. (C) The regional administrator or their designee shall notify, in writing, the youth, their parent(s) or guardian(s), and site supervisor 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 five (5) working days of the request and a copy of the transfer shall be included in the youth’s case record. (2) A vertical transfer is a transfer from a community-based program to any DYS residential program. (A) A vertical transfer may be effected when—1) the youth poses a danger to the safety of other persons, employees, 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. (B) The following procedures must be followed for a vertical transfer: 1. The youth, parent(s) or guardian(s), site supervisor, or service coordinator may request a transfer; 2. The request shall be in writing to the regional administrator or their designee and shall state the reasons the transfer is being requested; 3. Upon receipt of the request, the regional administrator or their designee shall appoint a hearing officer and one (1) or more parties who are neutral and objective to hold a hearing; 4. The hearing officer shall set a date for a hearing on the question of transfer. This hearing shall be held within fifteen (15) calendar days from the date the request is received; 5. The youth, parent(s) or guardian(s) of the youth, and the site supervisor 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 6. The youth and the parent(s) or guardian(s) 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(s) or guardian(s) or attorney to represent him/her at this hearing. (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 residential, would provide a program(s) better suited to the needs of the youth. (D) Within five (5) working days of the hearing, the hearing officer(s) shall notify, in writing, the youth, the parent(s) or guardian(s) of the youth, and the person who has physical custody of the youth of its decision and the reasons therefore. (E) A vertical transfer shall not be authorized as punishment. (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. (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. (B) The director or their designee may authorize an interagency transfer if, after a careful examination of the youth’s needs, they determine that the transfer should be effected. After a decision for transfer is made, the youth, their parent(s) or guardian(s), and the service coordinator will be notified of the decision and the reasons for the transfer. One (1) copy of the notice will be retained in the youth’s case record. (4) Appeal of a Transfer Decision. When the decision is made to transfer the youth, the youth and the parent(s) or guardian(s) 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. AUTHORITY: sections 219.021.4, 219.036, and 660.017, RSMo 2016.* 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. Amended: Filed April 18, 2018, effective Nov. 30, 2018. *Original authority: 219.021, RSMo 1975, amended 1980, 1981, 1987, 1993, 1995, 2015; 219.036, RSMo 1975, amended 1993; and 660.017, RSMo 1993, amended 1995.