208.204.  Medical care for children in custody of department, payment — division may administer funds — individualized service plans developed for children in state custody exclusively based on need for mental health services. — 1.  The MO HealthNet division may administer the funds appropriated to the department of social services or any division of the department for payment of medical care provided to children in the legal custody of the department of social services or any division of the department.

  2.  Through judicial review or family support team meetings, the children's division shall determine which cases involve children in the system due exclusively to a need for mental health services, and identify the cases where no instance of abuse, neglect, or abandonment exists.

  3.  Within sixty days of a child being identified pursuant to subsection 2 of this section, an individualized service plan shall be developed by the applicable state agencies responsible for providing or paying for any and all appropriate and necessary services.  The individualized service plan shall specifically identify which agencies are going to pay for, subject to appropriations, and provide such services, and such plan shall be submitted to the court for approval.  Services shall be provided in the least restrictive, most appropriate environment that meets the needs of the child including home, community-based treatment, and supports.  The child's family shall actively participate in designing the individualized service plan for the child.  The department of social services shall notify the appropriate judge of the child and shall submit the individualized service plan developed for approval by the judge.  The child may be returned by the judge to the custody of the child's family.

  4.  When the children are returned to their family's custody and become the service responsibility of the department of mental health, the appropriate moneys to provide for the care of each child in each particular situation shall be billed to the department of social services by the department of mental health pursuant to a comprehensive financing plan jointly developed by the two departments.