Juvenile Officer of Jackson County v. Division of Family Services

697 S.W.2d 205, 1985 Mo. App. LEXIS 3557
CourtMissouri Court of Appeals
DecidedJune 25, 1985
DocketNo. WD 36558
StatusPublished
Cited by5 cases

This text of 697 S.W.2d 205 (Juvenile Officer of Jackson County v. Division of Family Services) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Juvenile Officer of Jackson County v. Division of Family Services, 697 S.W.2d 205, 1985 Mo. App. LEXIS 3557 (Mo. Ct. App. 1985).

Opinion

DIXON, Judge.

The Missouri Division of Family Services (DFS) appeals from an order entered by the juvenile division of the Circuit Court of Jackson County, requiring that the juvenile, R.M., remain in DFS custody and that he be placed, at DFS expense, at the Dever-eux Foundation in Victoria, Texas. DFS asserts the trial court erred because (1) the order requires that DFS violate the provisions of Chapter 34 RSMo and constitutes an usurpation, by the judicial branch, of powers delegated to the executive branch, and (2) the order is not supported by substantial evidence. Taken with the case is a motion to dismiss DFS’s appeal, because the appeal allegedly was not brought on R.M.’s behalf, as required by § 211.261 RSMo 1978.

Motion denied and judgment affirmed.

R.M. is a minor child who has been in DFS custody since May, 1976, when he was three years old. He has been placed in a series of DFS foster homes, the psychiatric units of two hospitals, and the Spofford Home for Children. The Spofford Home determined R.M. to be a dual diagnosis child and recommended that he be placed in a facility capable of treating him. A dual diagnosis child is one who is suffering from both organic brain dysfunction and some form of emotional disability.

In January, 1984, the juvenile court ordered that the Department of Mental Health and Division of Mental Retardation conduct an in-patient evaluation of R.M. at Western Missouri Mental Health Center (Western Mo.) to determine an appropriate [207]*207placement for R.M., and that DFS explore the Devereux Foundation, Brown School, and other similar facilities for possible placement. Devereux is an institution designed for the treatment of children, adolescents, and young adults with varying degrees of emotional and mental disabilities. At the subsequent review of R.M.’s case, in May, 1984, the juvenile court committed R.M. to the custody of DFS for placement at Western Mo. for “further evaluation and treatment” and ordered that DFS pursue residential placement alternatives. The court again reviewed R.M.’s case on November 15 and December 7, 1984 and, subsequently, ordered that DFS place R.M., who was committed to its custody, in Devereux at DFS expense, this ascertained to be $5,600 per month. It is from this order that DFS appeals.

Taken with the case is a motion to dismiss DFS’s appeal, as not having been brought “on the part of the child”, as required by § 211.261 RSMo 1978. The juvenile officer and guardian ad litem contend that DFS is concerned about its alleged inability to pay for the ordered services and thus, they contend, it has brought the appeal to protect its own pecuniary interests and not the interests of the child. While DFS has raised an issue about its authority to pay for R.M.’s care at Devereux, it has also questioned whether there is substantial evidence to support the court’s order and has briefed the issue in terms of R.M.’s best interests. Thus, DFS has complied with § 211.261 and the motion to dismiss must be denied.

DFS first asserts the court erred in ordering that R.M. be placed at Devereux, at DFS expense, because compliance with the order would require that DFS violate Chapter 34 RSMo, governing state purchases, and because the order constitutes a usurpation, by the judicial branch, of powers delegated to DFS, a constituted portion of the executive branch. State ex rel. Mo. Div of Fam. Ser. v. Moore, 657 S.W.2d 32, 34 (Mo.App.1983).

The principles guiding the resolution of this point are found in the juvenile code, Chapter 211 RSMo. Section 211.011 RSMo 1978 states

The purpose of this chapter is to facilitate the care, protection and discipline of children who come within the jurisdiction of the juvenile court. This chapter shall be liberally construed, therefore, to the end that each child coming within the jurisdiction of the juvenile court shall receive such care, guidance and control, preferably in his own home, as will conduce to the child’s welfare and the best interests of the state and that when such child is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which should have been given him by them.

(Emphasis added). Section 211.031.1 RSMo Supp.1985 further provides that the juvenile court has exclusive original jurisdiction in proceedings involving juveniles such as R.M., and, once determined to be under the court’s jurisdiction, pursuant to § 211.181.1 RSMo 1978, the court may:

(4) Cause the child to be examined and treated by a physician, psychiatrist or psychologist and when the health or condition of the child requires it, cause the child to be placed in a public or private hospital, clinic or institution for treatment and care; except that, nothing contained herein authorizes any form of compulsory medical, surgical, or psychiatric treatment of a child whose parents or guardian in good faith are providing other remedial treatment recognized or permitted under the laws of this state.

(Emphasis added)

Thus, the juvenile court, for which the child’s best interests and welfare are the primary consideration, In Interest of R.L.P., 652 S.W.2d 185, 187 (Mo.App.1983), may order that the child be placed in the institution best suited to his needs, and, if the child is committed to the custody of DFS, pursuant to § 207.020.1(17) RSMo 1978 DFS must pay for that care.

The juvenile code has been held to function as “a complete statutory method for [208]*208the areas specified therein.” In Interest of P.A.M., 606 S.W.2d 449, 452 (Mo.App.1980). The juvenile court’s authority to make orders effectuating the child’s best interests is unquestioned. Nonetheless, DFS asserts the court’s order is essentially a usurpation of executive function. The argument is that Chapter 34 RSMo requires DFS to purchase supplies (a term encompassing contractual services) through the State Office of Administration and that, since there is no contract approved by the State Office of Administration, DFS cannot lawfully obey the court’s order.

In support of that argument, DFS produced evidence regarding the methods used in making purchases. DFS generally presents, on a yearly basis, a list of needed services to the Administrator, who sends out requests for bids and, based on proposals received, selects the “lowest and best bidder.” DFS occasionally receives a waiver from the bidding process, such as that received for the purchase of foster care. It is also possible to periodically return to the Administrator and ask that a new bidding process be instituted for previously unsatisfied needs. DFS contends that, without having gone through the purchasing procedures prescribed by Chapter 34 RSMo, the court’s order that it place R.M. at Dever-eux, which does not have a contract with DFS, interferes with the agency’s discretion to administer its programs and funding and, axiomatically, causes DFS to violate the mandates of Chapter 34 RSMo.

While not directly addressing the Chapter 34 argument, the Eastern District opinion in K.B. v. Mo. Div. of Family Services,

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Bluebook (online)
697 S.W.2d 205, 1985 Mo. App. LEXIS 3557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juvenile-officer-of-jackson-county-v-division-of-family-services-moctapp-1985.