EXECUTIVE ORDER
NO. 92-01
WHEREAS, state systems serving children their families are in and need of fundamental restructuring, and
WHEREAS, the foundation of any new system must be a unified effort by state agencies to meet the needs of children and families, and
WHEREAS, the creation of one state agency for children's services is needed to achieve this goal,
NOW, THEREFORE, I, JOHN ASHCROFT, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and the laws of Missouri, including Sections 26.500 through 26.540, RSMo, do hereby proclaim the following reorganization plan which provides for the establishment of a division of children's services in the department of social services.
- There hereby is created a division
of children's services in the
department of social services
in charge of a director to be
appointed by the director of the
department. The compensation of
the director of the division shall
be established by the director
of the department subject to appropriations
therefore.
- All powers, duties and functions
of the division of youth services
under Section 219.011 RSMo, relating
to definitions; Section 219.016
RSMo, relating to responsibilities
of the division; Section 219.021
RSMo Supp, 1991, relating to when
a child is committed to the division;
Section 219.026 RSMo Supp. 1991,
relating to the release of children
on aftercare supervision and procedures
authorized when a child violates
conditions of services; Section
219.036 RSMo, relating to employment
of division personnel, an annual
and master plan and authorizing
director to be state agent to
deal with federal government;
Section 219.041 RSMo, relating
to the incentive subsidy program;
Section 219.046 RSMo, relating
to the state advisory board of
youth services; 219.051 RSMo,
relating to division duties when
a child is committed to the division;
Section 219.061 RSMo, relating
to confidentiality and penalties
and authorizing division to sue
for damages; Section 219.066 RSMo,
relating to authorization of medical
and dental treatment; Section
219.071 RSMo, relating to segregation
of children from criminals; Section
219.076 RSMo, relating to transporting
of children; Section 219.081 RSMo,
relating to when the division
is relieved of custody; and Section
219.086 RSMo, relating to transfer
of a child to another state are
transferred to the division of
children's services by a type
1 transfer as defined in the Omnibus
Reorganization Act of 1974. The
division of youth services hereby
is abolished.
- All powers, duties and functions
of the division of family services
under Section 208.047 RSMo and
elsewhere relating to payments
for foster care are transferred
to the division of children's
services by a type 1 transfer
as defined in the Omnibus Reorganization
Act of 1974.
- All powers, duties and functions
of the division of family services
under Section 210.010 RSMo and
Section 210.001 RSMo Supp. 1991,
relating to the general provisions
of child protection and reformation;
Sections 210.110, 210.115, 210.120,
210.125.3, 210.130, 210.135, 210.140,
210.155, 210.165, 210.166, 210.167,
210.,180, 210.183 RSMo, Sections
210.145, 210.160.2, 210.150, 210.152,
210.192 RSMo Supp. 1991, relating
to child abuse and neglect; Section
210.231 RSMo and Sections 210.201,
210.211, 210.221 RSMo Supp. 1991,
relating to licensing of certain
child care homes; Section 210.292.2
RSMo, relating to family foster
care in first class counties and
St. Louis City; Sections 210.481(3),
210.486, 210.491, 210.496, 210.501,
210.506, 210.511, 210.516, 210.521,
210.526, 210.536.1 RSMo and Sections
210.537, 210.543, 210.545, 210.551,
210.560, 210.565 RSMo Supp. 1991,
relating to homes for children,
foster homes, child placing agencies
and licensing; Sections 210.570
through 210.610 RSMo, the Interstate
Compact on Juveniles; Sections
210.620 through 210.640 RSMo,
the Interstate Compact on Child
Placement; and Sections 210.700,
210.710, 210.730, 210.760 RSMo
and 210.720 RSMo Supp, 1991 relating
to court review of children placed
with the agency or foster care
are transferred to the division
of children's services by a type
1 transfer as defined in the Omnibus
Reorganization Act of 1974.
- All powers, duties and functions
of the division of family services
under Section 211.036 RSMo Supp.
1991 relating to custody of children;
Section 211.081 RSMo Supp. 1991
relating to placement of juveniles;
Section 211.183 RSMo Supp. 1991,
relating to efforts made by the
division of family services; Sections
211.455.3, 211.477.1, 211.477.4
RSMo and Section 211.447.2(3),
211.447.3(3) RSMo Supp. 1991,
relating to termination of parental
rights; and Sections 211.459.1
and 211.459.3 RSMo, relating to
dispositional hearings, are transferred
to the division of children's
services by a type 1 transfer
as defined in the Omnibus Reorganization
Act of 1974.
- All powers, duties and functions
of the division of family services
under Section 452.390 RSMo are
transferred to the division of
children's services by a type
1 transfer as defined in the Omnibus
Reorganlzation Act of 1974.
- All powers, duties and functions
of the division of family services
under Section 453.015, 453.065,
453.073, 453.074, 453.102 RSMo
and Sections 453.014, 453.070.2,
453.070.4, 453.110 RSMo Supp.
1991 relating to adoption are
transferred to the division of
children's services by a type
transfer as defined in the Omnibus
Reorganization Act of 1974.
- All powers, duties and functions
of the division of family services
under Section 207.010 RSMo relating
to child welfare services, and
social services to families and
adults are transferred to the
division of children's services
by a type 1 transfer as defined
in the Omnibus Reorganization
Act of 1974.
- All powers, duties and functions
of the division of family services
under Section 207.020.1 RSMo paragraphs
(1), (2), (3), (4), (5), (6),
(7), (11), (12), (13), (14), (15),
(18) and (19) and Section 207.020.2
RSMo shall be retained by the
division of family services but
the same powers, duties and functions
and any other powers, duties and
functions In Section 207.020 RSMo
are also transferred to the division,
of children's services in connection
with the powers, duties and functions
transferred by paragraphs (3)
through (8) of this Reorganization
Plan.
- Effective July 1, 1993, all
powers, duties and functions of
the divlsion of comprehensive
psychiatric services under Sections
630.205 through 630.225, 630.405
through 630.460, 630.605 through
630.660, 632.055 and 632.110 RSMo
relating to purchase of service
and community placement of children
under the age of eighteen, are
transferred to the division of
children's services by a type
1 transfer as defined in the Omnibus
Reorganization Act of 1974, but
the same powers, duties and functions
are retained by the division of
comprehensive psychiatric services
with regard to clients of the
division of comprehensive psychiatric
services, age 18 and over. The
two agencies shall agree upon
the appropriate number of inpatient
psychiatric beds to be available
for use of clients of the division
of children's services.
- Effective July 1, 1993, all
powers, duties and functions of
the division of mental retardation/developmental
disabilities under Sections 630.005(8),
633.120, 633.110, 633.025 and
633.115 RSMo relating to purchase
of service and community placement
of children under the age of eighteen,
eligible for services on the basis
of developmental disabilities
shall be transferred to the division
of children's services by a type
1 transfer as defined in the Omnibus
Reorganization Act of 1974 and
such powers, duties and functions
under these sections shall be
retained by the division of mental
retardation/developmental disabilities
with regard to clients of the
division of mental retardation/developmental
disabilities age eighteen and
older. All powers, duties and
functions of the division of mental
retardation/developmental disabilities
relating to the operation yof
state operated habilitation centers
shall be retained by the division
of mental retardatlon/developmental
disabilities. The two agencies
shall agree upon the appropriate
state operated habllitation services
to be available for clients of
the division of children's services.
- The division of children's services
and the divisions of comprehensive
psychiatric services and mental
retardation/developmental disabilities
shall have the authority to enter
into interagency agreement to
provide for continuing service
delivery by the division of comprehensive
psychiatric services and the division
of mental retardatlon/developmental
disabilities for children between
the ages of fourteen and eighteen
who are already actively receiving
services from the divisions of
comprehensive psychiatric services
and mental retardation/developmental
disabIlities on the date of transfer
of functions to the division of
children's services. The divisions
of comprehensive psychiatric services
and mental retardation/developmental
disabilities shall not, as a part
of this authority, retain the
power or authority to admit any
new client or former client, now
inactive, to services if than
client is under the age of eighteen.
- Effective July 1, 1993, all
powers, duties and functions of
the department of mental health
to take custody of children under
the age of eighteen, pursuant
to Chapter 211 and Sections 632.115,
632.300 through 632.450 and 552.040
RSMo shall be transferred to the
division of children's services
by a type 1 transfer as defined
in the Omnibus Reorganization
Act of 1974.
- All powers, duties and functions
of the department of mental health
under Sections 632.040, 632.045,
633.040 and 633.045 RSMo shall
be transferred to the division
of children's services with regard
to children under the age of eighteen,
by a type 1 transfer as defined
in the Omnibus Reorganization
Act of 1974 and those same powers,
duties and functions shall be
retained by the department of
mental health with regard to clients
eighteen and older.
- All powers, duties and functions
of the department of health relating
to state administrative responsibilities
and coordination of the Early
and Periodic Screening, Diagnosis,
and Treatment program are transferred
to the division of children's
services by a type 1 transfer
as defined In the Omnibus Reorganization
Act of 1974.
- Staff positions and accompanying
resources shall be transferred
from the division of alcohol and
drug abuse of the department of
mental health to the division
of children's services to provide
assessment, referral and staff
training to allow high risk children
and their families access to alcohol
and drug treatment services.
- No provision of this order shall
be construed to remove any agency
or position of employment from
under any of the provisions of
the State Personnel Law under
Chapter 36 RSMo as amended.
- The director of the department
of social services shall establish
the internal organization of the
division of children's services
and such organization shall be
published as part of the department
of social service's departmental
plan.
- No later than January 15, 1996, the division of children's services, through the department of social services, shall provide a report to the governor and to each house of the general assembly detailing activities of the division and report as to how delivery and effectiveness of services to clients of the division have been enhanced as a result of this reorganization. The governor shall make any needed administrative adjustments, submit to the general assembly appropriate organizational or programmatic changes for legislative action, and cooperate in public hearings concerning the division with any joint committee of the general assembly appointed for that purpose.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 15th day of January, 1992.
[John Ashcroft's signature] GOVERNOR
ATTEST:
[Roy D. Blunt's signature]
SECRETARY OF STATE