reglab/housing_qa huggingface dataset:
MT Code § 52-3-604 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 6. Ombudsman Services|52-3-604. Access to long-term care facilities

  52-3-604. Access to long-term care facilities. (1) Subject to subsection (2), the long-term care ombudsman or local ombudsman must have access without advance notice to any long-term care facility, including private access to any resident, for the purpose of meeting with residents, investigating and resolving complaints, and advising residents on their rights.   (2) Access must be granted to the long-term care ombudsman or local ombudsman during normal visiting hours and to the long-term care ombudsman at any time. A local ombudsman may have access after normal visiting hours with approval, directions, and oversight of the long-term care ombudsman when necessary to perform the duties described in 52-3-603.   (3) The ombudsman shall carry out the duties described in 52-3-603 in a manner that is least disruptive to resident care and activities.   History: En. Sec. 4, Ch. 223, L. 1987; Sec. 53-5-804, MCA 1989; redes. 52-3-604 by Code Commissioner, 1991; amd. Sec. 1, Ch. 60, L. 2007.
MT Code § 52-3-605 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 6. Ombudsman Services|52-3-605. Enforcement of access

  52-3-605. Enforcement of access. (1) A person who violates the provisions of 52-3-604 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The department of public health and human services or, upon request of that department, the county attorney of the county in which the long-term care facility in question is located may petition the district court to impose, assess, and recover the civil penalty. Money collected as a civil penalty must be deposited in the state general fund.   (2) The department of public health and human services or, upon request of that department, the county attorney of the county in which the long-term care facility in question is located may bring an action to enjoin a violation of any provision of 52-3-604 in addition to or exclusive of the remedy in subsection (1).   History: En. Sec. 5, Ch. 223, L. 1987; Sec. 53-5-805, MCA 1989; redes. 52-3-605 by Code Commissioner, 1991; amd. Sec. 153, Ch. 418, L. 1995; amd. Sec. 362, Ch. 546, L. 1995.
MT Code § 52-3-801 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-801. Short title

  52-3-801. Short title. This part may be cited as the "Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act".   History: En. Sec. 1, Ch. 623, L. 1983; amd. Sec. 1, Ch. 198, L. 1989; Sec. 53-5-501, MCA 1989; redes. 52-3-801 by Code Commissioner, 1991; amd. Sec. 21, Ch. 255, L. 1995.
MT Code § 52-3-802 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-802. Legislative findings and purpose

  52-3-802. Legislative findings and purpose. The legislature finds that a need exists to provide for cooperation among law enforcement officials and agencies, courts, and state and county agencies providing human services in preventing the abuse, sexual abuse, neglect, and exploitation of Montana's elderly persons and persons with developmental disabilities through the identification, reporting, and prosecution of acts of abuse, sexual abuse, neglect, and exploitation.   History: En. Sec. 2, Ch. 623, L. 1983; amd. Sec. 2, Ch. 198, L. 1989; Sec. 53-5-502, MCA 1989; redes. 52-3-802 by Code Commissioner, 1991; amd. Sec. 1, Ch. 167, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1, Ch. 196, L. 1999.
MT Code § 52-3-804 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-804. Duties of department

  52-3-804. Duties of department. (1) The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811(1)(a).   (2) The department shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part.   (3) The department shall, when appropriate, provide protective services under Title 52, chapter 3, part 2, for an older person or a person with a developmental disability alleged to have been abused, sexually abused, neglected, or exploited.   (4) If a person alleged to be abused, sexually abused, neglected, or exploited pursuant to this part or the person's caretaker refuses to allow a representative of the department entrance to the premises for the purpose of investigating a report made pursuant to 52-3-811(1)(a), the district court in the county where the person is found may order a law enforcement officer or a department social worker to enter the premises to conduct an investigation upon finding that there is probable cause to believe that the person is abused, sexually abused, neglected, or exploited.   (5) If a representative of the department has reasonable grounds to believe that an older person or a person with a developmental disability alleged to be abused, sexually abused, neglected, or exploited is suffering from abuse, sexual abuse, neglect, or exploitation that presents a substantial risk of death or serious physical injury, the department may:   (a) provide voluntary protective services as provided in subsection (3); or   (b) if the department representative has reasonable grounds to believe that the person is incapacitated, provide emergency protective services as follows:   (i) arrange or facilitate an appropriate emergency protective service placement;   (ii) transport or arrange for the transport of the person to the appropriate placement;   (iii) not later than 2 judicial days following placement of the person, either:   (A) provide voluntary protective services as provided under subsection (3); or   (B) petition the district court to act as temporary guardian or appoint a temporary guardian as provided in 72-5-317.   History: En. Sec. 9, Ch. 623, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 4, Ch. 198, L. 1989; Sec. 53-5-504, MCA 1989; redes. 52-3-804 by Code Commissioner, 1991; amd. Sec. 2, Ch. 716, L. 1991; amd. Sec. 3, Ch. 167, L. 1993; amd. Sec. 4, Ch. 465, L. 1995; amd. Sec. 363, Ch. 546, L. 1995; amd. Sec. 3, Ch. 196, L. 1999.
MT Code § 52-3-805 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-805. Adult protective service teams

  52-3-805. Adult protective service teams. (1) The county attorney or the department of public health and human services shall convene one or more temporary or permanent interdisciplinary adult protective service teams. These teams shall assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to older persons and persons with developmental disabilities who are victims of abuse, sexual abuse, neglect, or exploitation. The supervisor of adult protective services of the department of public health and human services or the department's designee shall serve as the team's coordinator. Members must include a social worker, a member of a local law enforcement agency, a representative of the medical profession, and a county attorney or the county attorney's designee, who is an attorney. Members may include other appropriate persons designated by the county attorney or the department.   (2) When the team considers a matter involving an adult with developmental disabilities in the care of a person providing developmental disabilities services, the team must also include a provider of developmental disability services other than the provider involved in the matter under review. The team shall make a report to the county attorney that contains a recommendation concerning any criminal prosecution to be brought pursuant to this part.   History: En. Sec. 1, Ch. 662, L. 1985; amd. Sec. 12, Ch. 609, L. 1987; Sec. 53-5-505, MCA 1989; redes. 52-3-805 by Code Commissioner, 1991; amd. Sec. 4, Ch. 167, L. 1993; amd. Sec. 2, Ch. 421, L. 1993; amd. Sec. 2, Ch. 426, L. 1993; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 364, Ch. 546, L. 1995.
MT Code § 52-3-806 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-806. through 52-3-810 reserved

  52-3-806 through 52-3-810 reserved.
MT Code § 52-3-812 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-812. Content of report

  52-3-812. Content of report. (1) The report required by 52-3-811 may be made in writing or orally, by telephone or in person. A person who receives an oral report shall prepare it in writing as soon as possible.   (2) The report referred to under this section must contain:   (a) the names and addresses of the older person or the person with a developmental disability and the person, if any, responsible for that person's care;   (b) the name and address, if available, of the person who is alleged to have abused, sexually abused, neglected, or exploited the older person or the person with a developmental disability;   (c) to the extent known, the person's age and the nature and extent of the abuse, sexual abuse, neglect, or exploitation, including any evidence of previous injuries, abuse, sexual abuse, neglect, or exploitation sustained by the older person or the person with a developmental disability and any evidence of prior instances of abuse, sexual abuse, neglect, or exploitation of other older persons or persons with developmental disabilities committed by the person alleged to have committed abuse, sexual abuse, neglect, or exploitation; and   (d) the name and address of the person making the report.   History: En. Sec. 5, Ch. 623, L. 1983; amd. Sec. 6, Ch. 198, L. 1989; Sec. 53-5-512, MCA 1989; redes. 52-3-812 by Code Commissioner, 1991; amd. Sec. 6, Ch. 167, L. 1993; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 5, Ch. 196, L. 1999.
MT Code § 52-3-814 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-814. Immunity from civil and criminal liability

  52-3-814. Immunity from civil and criminal liability. (1) A person who makes a report required or authorized to be made under 52-3-811 is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report unless the report is false in any material respect and the person acted in bad faith or with malicious purpose.   (2) A person who provides information or who uses information obtained pursuant to 52-3-813(2) to refuse to hire or to discharge an employee, volunteer, or other person who through their employment or volunteer activities may have unsupervised contact with an older person or a person with a developmental disability is immune from civil liability unless the person providing or using the information acts in bad faith or with malicious purpose.   History: En. Sec. 7, Ch. 623, L. 1983; Sec. 53-5-514, MCA 1989; redes. 52-3-814 by Code Commissioner, 1991; amd. Sec. 6, Ch. 465, L. 1995.
MT Code § 52-3-815 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-815. Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted

  52-3-815. Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted. (1) A person or agency receiving a report of suspected abuse, sexual abuse, neglect, or exploitation under 52-3-811 shall prepare a written description of the conditions regarded as evidence of abuse, sexual abuse, neglect, or exploitation and may, with the consent of an allegedly abused, sexually abused, neglected, or exploited older person or person with a developmental disability or without consent of the person if it appears that the person is an incapacitated person, take or cause to be taken photographs of an area of trauma visible on the body of the allegedly abused, sexually abused, neglected, or exploited person and regarded as evidence of abuse, sexual abuse, neglect, or exploitation.   (2) A physician required to report under 52-3-811 may, with the consent of an allegedly abused, sexually abused, neglected, or exploited older person or person with a developmental disability or without consent of the person if it appears that the person is an incapacitated person, require x-rays or other appropriate medical tests or procedures that would, in the professional opinion of the physician, assist in establishing evidence related to the allegation of abuse, sexual abuse, neglect, or exploitation.   (3) Evidence authorized to be gathered under this section must be submitted with the report required under 52-3-811 to the authorities designated in 52-3-811 as soon as possible after submission of the report.   History: En. Sec. 3, Ch. 716, L. 1991; amd. Sec. 8, Ch. 167, L. 1993; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 7, Ch. 196, L. 1999.
MT Code § 52-3-816 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-816. through 52-3-820 reserved

  52-3-816 through 52-3-820 reserved.
MT Code § 52-3-821 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-821. Admissibility of evidence

  52-3-821. Admissibility of evidence. In any proceeding resulting from a report made pursuant to the provisions of this part or in any proceeding where the report or its content is sought to be introduced into evidence, the report or its content or any other fact related to the report or to the condition of the person who is the subject of the report may not be excluded on the ground that the matter is or may be the subject of a privilege granted in Title 26, chapter 1, part 8, except the attorney-client privilege granted by 26-1-803.   History: En. Sec. 8, Ch. 623, L. 1983; amd. Sec. 8, Ch. 198, L. 1989; Sec. 53-5-521, MCA 1989; redes. 52-3-821 by Code Commissioner, 1991.
MT Code § 52-3-822 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-822. through 52-3-824 reserved

  52-3-822 through 52-3-824 reserved.
MT Code § 52-3-825 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 3. Adult Services|Part 8. Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act|52-3-825. Penalties

  52-3-825. Penalties. (1) A person who purposely or knowingly fails to make a report required by 52-3-811 or discloses or fails to disclose the contents of a case record or report in violation of 52-3-813 is guilty of an offense and upon conviction is punishable as provided in 46-18-212.   (2) (a) Except as provided in subsection (2)(c), a person who purposely or knowingly abuses, sexually abuses, or neglects an older person or a person with a developmental disability is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.   (b) (i) Except as provided in subsection (2)(c), a person who negligently abuses an older person or a person with a developmental disability is guilty of a misdemeanor and upon a first conviction shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both.   (ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(b)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years and be fined an amount not to exceed $10,000, or both.   (c) (i) A person who causes personal degradation to an older person or a person with a developmental disability in a place where the older person or person with a developmental disability has a reasonable expectation of privacy is, for a first offense, guilty of a misdemeanor and shall be imprisoned in the county jail for a term not to exceed 6 months or be fined an amount not to exceed $500, or both;   (ii) Upon a second or subsequent conviction of the conduct described in subsection (2)(c)(i), the person is guilty of a felony and shall be imprisoned for a term not to exceed 10 years or be fined an amount not to exceed $10,000, or both.   (d) A person with a developmental disability may not be charged under subsections (2)(a) through (2)(c).   History: En. Sec. 10, Ch. 623, L. 1983; amd. Sec. 2, Ch. 668, L. 1985; amd. Sec. 1, Ch. 411, L. 1987; amd. Sec. 9, Ch. 198, L. 1989; Sec. 53-5-525, MCA 1989; redes. 52-3-825 by Code Commissioner, 1991; amd. Sec. 9, Ch. 167, L. 1993; amd. Sec. 7, Ch. 465, L. 1995; amd. Sec. 8, Ch. 196, L. 1999; amd. Sec. 2, Ch. 350, L. 2003; amd. Sec. 1, Ch. 429, L. 2005; amd. Sec. 2, Ch. 158, L. 2013; amd. Sec. 3, Ch. 180, L. 2015; amd. Sec. 2, Ch. 329, L. 2019.
MT Code § 52-4-101 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-101. Repealed

  52-4-101. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 1, Ch. 508, L. 1973; R.C.M. 1947, 71-1901; amd. Sec. 97, Ch. 609, L. 1987; Sec. 53-20-401, MCA 1989; redes. 52-4-101 by Code Commissioner, 1991.
MT Code § 52-4-102 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-102. Repealed

  52-4-102. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 2, Ch. 508, L. 1973; R.C.M. 1947, 71-1902; amd. Sec. 1, Ch. 343, L. 1981; amd. Sec. 98, Ch. 609, L. 1987; Sec. 53-20-402, MCA 1989; redes. 52-4-102 by Code Commissioner, 1991.
MT Code § 52-4-103 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-103. Repealed

  52-4-103. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 3, Ch. 508, L. 1973; amd. Sec. 39, Ch. 37, L. 1977; R.C.M. 1947, 71-1903; amd. Sec. 2, Ch. 343, L. 1981; Sec. 53-20-403, MCA 1989; redes. 52-4-103 by Code Commissioner, 1991.
MT Code § 52-4-104 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-104. Repealed

  52-4-104. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 5, Ch. 508, L. 1973; R.C.M. 1947, 71-1905; amd. Sec. 4, Ch. 343, L. 1981; amd. Sec. 99, Ch. 609, L. 1987; Sec. 53-20-405, MCA 1989; redes. 52-4-104 by Code Commissioner, 1991.
MT Code § 52-4-105 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-105. Repealed

  52-4-105. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 6, Ch. 508, L. 1973; R.C.M. 1947, 71-1906; amd. Sec. 5, Ch. 343, L. 1981; Sec. 53-20-406, MCA 1989; redes. 52-4-105 by Code Commissioner, 1991.
MT Code § 52-4-106 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-106. Repealed

  52-4-106. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 8, Ch. 508, L. 1973; R.C.M. 1947, 71-1908; Sec. 53-20-408, MCA 1989; redes. 52-4-106 by Code Commissioner, 1991.
MT Code § 52-4-107 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-107. Repealed

  52-4-107. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 9, Ch. 508, L. 1973; R.C.M. 1947, 71-1909; amd. Sec. 100, Ch. 609, L. 1987; Sec. 53-20-409, MCA 1989; redes. 52-4-107 by Code Commissioner, 1991.
MT Code § 52-4-108 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-108. Repealed

  52-4-108. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 10, Ch. 508, L. 1973; R.C.M. 1947, 71-1910(1); amd. Sec. 101, Ch. 609, L. 1987; Sec. 53-20-410, MCA 1989; redes. 52-4-108 by Code Commissioner, 1991.
MT Code § 52-4-109 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-109. reserved

  52-4-109 reserved.
MT Code § 52-4-110 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 1. Developmentally Disabled -- Protective Services (Repealed)|52-4-110. Repealed

  52-4-110. Repealed. Sec. 9, Ch. 465, L. 1995.   History: En. Sec. 13, Ch. 508, L. 1973; R.C.M. 1947, 71-1913; Sec. 53-20-413, MCA 1989; redes. 52-4-110 by Code Commissioner, 1991.
MT Code § 52-4-201 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 2. Physically Disabled -- Community Home Licensing|52-4-201. Purpose

  52-4-201. Purpose. The legislature, in recognition of the needs of persons with severe disabilities and of the desirability of meeting those needs on a community level, establishes in 52-4-201 through 52-4-205 authority for the state to license community homes for persons with severe disabilities. Licensed community homes for persons with severe disabilities are for the purpose of providing residential settings for persons with severe disabilities receiving services funded through state-administered programs who otherwise are unable to live independently and who are determined to be capable of residing in noninstitutional settings.   History: En. Sec. 8, Ch. 330, L. 1989; Sec. 53-19-201, MCA 1989; redes. 52-4-201 by Code Commissioner, 1991.
MT Code § 52-4-202 (2021)
2021 Montana Code Annotated|Title 52. Family Services|Chapter 4. Services to the Disabled|Part 2. Physically Disabled -- Community Home Licensing|52-4-202. Definitions

  52-4-202. Definitions. As used in 52-4-201 through 52-4-205, the following definitions apply:   (1) "Community home for persons with severe disabilities" means a family-oriented residence that is designed to provide residential services for two to eight persons with severe disabilities and that does not provide skilled or intermediate nursing care. This definition does not preclude the provision of skilled or intermediate nursing care by third-person providers.   (2) "Department" means the department of public health and human services provided for in 2-15-2201.   (3) "Disability" means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973 (29 U.S.C. 796, et seq.), as may be amended.   (4) "Severe disability" means a permanent disability that substantially limits major life activity, such as walking, self-care, seeing, hearing, speaking, learning, reasoning, judgment, or memory, and that can be diagnosed by a physician. The term includes the condition of a person with severe disabilities as defined in 53-19-102.   History: En. Sec. 9, Ch. 330, L. 1989; Sec. 53-19-202, MCA 1989; redes. 52-4-202 by Code Commissioner, 1991; amd. Sec. 368, Ch. 546, L. 1995.