Section 210.119

Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

Effective - 28 Aug 2025, see footnote   

  210.119.  Severe behavioral challenges, program established — eligibility — contracts for service — immunity from liability, when — rules. — 1.  The department of social services shall establish a program to provide a comprehensive system of service delivery, education, and residential care for youth with severe behavioral challenges.  In order to be eligible for services under this program, youth shall:

  (1)  Be in the custody of the children's division;

  (2)  Be under twenty-one years of age; and

  (3)  Be determined by a team within the department to have needs that cannot be met by existing state programs.  Such determination shall include any assessment necessary to maximize resources for the youth.

  2.  The department shall be authorized to enter into any contracts necessary to implement this program, including contracts for program operations with a qualified service provider or consortium of qualified service providers.  Qualified service providers shall be certified, licensed, or accredited in their respective fields of service, based in this state, and entities with proven experience in the areas for which they shall provide services, as well as meet any additional requirements set by the department designed to meet the best interests of the children they serve.

  3.  The department shall be authorized to enter into memoranda of understanding with any facility or campus under state ownership that is appropriate for the program and the youth being served.

  4.  No qualified service provider, or any employees or contractors of such qualified service provider, shall be liable in damages for any services and duties provided under a contract entered into under subsection 2 of this section, provided that such services and duties are performed in good faith and without gross negligence.  In no case shall a qualified service provider be immune for abuse or neglect of a child, as such terms are defined in section 210.110.  The provisions of this subsection shall be void if the state creates a fund or entity that indemnifies or provides coverage in an amount of not less than one million dollars, which shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the U.S. Department of Commerce, for damages due to a cause of action against a qualified service provider, or an employee or contractor of such qualified service provider, under this section for personal injury.

  5.  The department may promulgate such rules and regulations as are necessary to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2025, shall be invalid and void.

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(L. 2025 H.B. 737 & 486 merged with S.B. 43)