reglab/housing_qa huggingface dataset:
MT Code § 53-20-140 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-140. Amendment to commitment order or treatment plan -- emergency amendment

  53-20-140. Amendment to commitment order or treatment plan -- emergency amendment. (1) A community treatment plan ordered pursuant to 53-20-125 or 53-20-128 may be amended with the consensus of the respondent's individual treatment planning team, including the respondent, without further order of the court. The amended plan must meet the conditions set forth in 53-20-133(4).   (2) An order of commitment to a residential facility may be amended to an order imposing a community treatment plan with the consensus of the respondent's individual treatment planning team, including the respondent, and the court shall issue an order imposing the agreed-upon community treatment plan. The community treatment plan must meet the conditions set forth in 53-20-133(4).   (3) Any party may request amendment of a commitment ordered or a community treatment plan imposed under 53-20-125 or 53-20-128 by bringing the matter to the attention of the respondent's individual treatment planning team. If consensus is not reached, any party may request a hearing on a proposed amendment. The court shall request an evaluation of any proposed amendment by the residential facility screening team prior to the hearing.   (4) After a hearing or upon the agreement of the parties on an amendment of a commitment or an order imposing a community treatment plan, the court may make any order which is authorized in 53-20-125, including:   (a) adding, removing, or modifying conditions of a community treatment plan;   (b) substituting commitment to a residential facility for a community treatment plan; or   (c) substituting imposition of a community treatment plan for commitment to a residential facility.   (5) Any community treatment plan imposed as a result of a request for amendment must meet the conditions set forth in 53-20-133(4). The court may not impose a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions of 53-20-133(4)(c) and (4)(d).   (6) If the court finds probable cause to believe that the respondent or others are in imminent risk of death or serious bodily injury, as defined in 45-2-101, the court may order a temporary amendment to a community treatment plan, for a period of up to 7 calendar days, without notice to the respondent. A hearing must be scheduled within the 7-day period of the temporary amendment. Any temporarily amended community treatment plan must meet the conditions set forth in 53-20-133(4). The court may not amend a community treatment plan for an extended period unless the residential facility screening team certifies that all services in the proposed amended plan meet the conditions of 53-20-133(4)(c) and (4)(d). The court may not order emergency commitment to a residential facility except through the process set forth in 53-20-129.   History: En. Sec. 12, Ch. 252, L. 2007.
MT Code § 53-20-141 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-141. Denial of legal rights

  53-20-141. Denial of legal rights. (1) Unless specifically stated in an order by the court, a person committed to a residential facility or for whom a community treatment plan has been imposed for an extended course of habilitation does not forfeit any legal right or suffer any legal disability by reason of the provisions of this part, except to the extent that it may be necessary to detain the person for habilitation, evaluation, or care.   (2) Whenever a person is admitted to a residential facility or a community treatment plan is imposed for the person for a period of more than 30 days, the court ordering the commitment or imposing the community treatment plan may make an order stating specifically any legal rights that are denied and any legal disabilities that are imposed on the respondent. As part of its order, the court may appoint a person to act as conservator of the respondent's property. Any conservatorship created pursuant to this section terminates upon the conclusion of the commitment or expiration of the order imposing the community treatment plan if not previously terminated by the court. A conservatorship or guardianship extending beyond the period of the commitment or order imposing a community treatment plan may not be created except according to the procedures set forth under Montana law for the appointment of conservators and guardians generally.   (3) A person who has been committed to a residential facility or for whom a community treatment plan has been imposed pursuant to this part is, upon the termination of the commitment or expiration of the order imposing the community treatment plan, automatically restored to all of the person's civil and legal rights that may have been lost when the person was committed or the community treatment plan was imposed. However, this subsection does not affect any guardianship or conservatorship created independently of the proceedings according to the provisions of Montana law relating to the appointment of conservators and guardians generally. Upon termination of any commitment or order imposing a community treatment plan under this part, the qualified intellectual disability professional or case manager in charge of the person's care shall give the person a written statement setting forth the substance of this subsection.   History: En. 38-1217 by Sec. 17, Ch. 468, L. 1975; R.C.M. 1947, 38-1217; amd. Sec. 16, Ch. 381, L. 1991; amd. Sec. 13, Ch. 252, L. 2007; amd. Sec. 13, Ch. 68, L. 2013.
MT Code § 53-20-143 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-143. Right not to be fingerprinted

  53-20-143. Right not to be fingerprinted. No person admitted to or in a residential facility shall be fingerprinted unless required by other provisions of law.   History: En. 38-1219 by Sec. 19, Ch. 468, L. 1975; R.C.M. 1947, 38-1219.
MT Code § 53-20-144 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-144. Rights concerning photographs

  53-20-144. Rights concerning photographs. (1) A person admitted to a residential facility may be photographed upon admission for identification, medical, habilitative, and administrative purposes of the facility. Such photographs shall be confidential and shall not be released by the facility except pursuant to court order.   (2) No other nonmedical or nonhabilitative photographs shall be taken or used without consent of the resident's parents or guardian or the responsible person appointed by the court.   History: En. 38-1220 by Sec. 20, Ch. 468, L. 1975; R.C.M. 1947, 38-1220; amd. Sec. 6, Ch. 485, L. 1979.
MT Code § 53-20-145 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-145. Right to be free from unnecessary or excessive medication

  53-20-145. Right to be free from unnecessary or excessive medication. Residents have a right to be free from unnecessary or excessive medication. Medication may not be administered unless at the written order of a physician. The individual treatment planning team and the attending physician are responsible for all medication given or administered to a resident. The use of medication may not exceed standards of use that are advocated by the United States food and drug administration. Notation of each individual's medication must be kept in the individual's medical records. A pharmacist or a registered nurse shall review monthly the record of each resident on medication for potential adverse reactions, allergies, interactions, contraindications, rationality, and laboratory test modifications and shall advise the physician of any problems. Medications must be reviewed quarterly by the attending or staff physician. At least monthly, an attending physician shall review the drug regimen of each patient on psychotropic medication. All prescriptions must be written with a termination date that may not exceed 90 days. Medication for newly admitted residents must be reviewed and reordered as necessary upon admission and then every 30 days for the first 90 days. Medications may not be used as punishment, for the convenience of staff, as a substitute for a habilitation program, or in quantities that interfere with the resident's treatment program. This section may not be interpreted to relieve a physician or other professional or medical staff person from any obligation to adequately monitor the medication of a resident, with due consideration to the nature of the medication, the purpose for which it is given, and the condition of the resident.   History: En. 38-1226 by Sec. 26, Ch. 468, L. 1975; R.C.M. 1947, 38-1226; amd. Sec. 7, Ch. 485, L. 1979; amd. Sec. 18, Ch. 381, L. 1991; amd. Sec. 1908, Ch. 56, L. 2009.
MT Code § 53-20-147 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-147. Right not to be subjected to experimental research

  53-20-147. Right not to be subjected to experimental research. (1) Residents of a residential facility have a right not to be subjected to experimental research without the express and informed consent of the resident, if the resident is able to give consent, and of the resident's parents or guardian or the responsible person appointed by the court after opportunities for consultation with independent specialists and with legal counsel.   (2) The proposed research must have been reviewed and approved by the mental disabilities board of visitors before consent may be sought. Prior to approval, the board shall determine that the research complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services for projects supported by that agency.   History: En. 38-1228 by Sec. 28, Ch. 468, L. 1975; R.C.M. 1947, 38-1228; amd. Sec. 71, Ch. 10, L. 1993.
MT Code § 53-20-149 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-149. through 53-20-160 reserved

  53-20-149 through 53-20-160 reserved.
MT Code § 53-20-162 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-162. Training for resident care workers

  53-20-162. Training for resident care workers. All resident care workers who have not had prior clinical experience in a residential facility for habilitation of persons with developmental disabilities must be given suitable orientation training. Staff members on all levels must be given suitable, regularly scheduled inservice training. Each resident care worker shall receive supervision that emphasizes the protection of residents and their rights.   History: En. 38-1224 by Sec. 24, Ch. 468, L. 1975; R.C.M. 1947, 38-1224; amd. Sec. 22, Ch. 381, L. 1991; amd. Sec. 21, Ch. 255, L. 1995.
MT Code § 53-20-165 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-165. Clothing for residents discharged or conditionally released

  53-20-165. Clothing for residents discharged or conditionally released. A resident may not be discharged or conditionally released from a residential facility for persons with developmental disabilities without suitable reasonable clothing that will allow the resident to make a normal appearance in the community.   History: En. Sec. 12, Ch. 485, L. 1979; amd. Sec. 21, Ch. 255, L. 1995.
MT Code § 53-20-166 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-166. through 53-20-170 reserved

  53-20-166 through 53-20-170 reserved.
MT Code § 53-20-171 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-171. Terminated

  53-20-171. Terminated. Sec. 1, Ch. 338, L. 2005.   History: En. Sec. 1, Ch. 590, L. 2003.
MT Code § 53-20-172 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-172. Dual eligibility for services

  53-20-172. Dual eligibility for services. An individual with developmental disabilities who is eligible for services pursuant to this chapter may also apply for and, if qualified, receive medicaid services pursuant to law governing the Montana medicaid program.   History: En. Sec. 2, Ch. 374, L. 2007.
MT Code § 53-20-201 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-201. Short title

  53-20-201. Short title. This part shall be known and may be cited as the "Montana Developmental Disabilities Services and Facilities Act of 1974".   History: En. 80-2611 by Sec. 1, Ch. 325, L. 1974; redes. 71-2401 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2401.
MT Code § 53-20-202 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-202. Definitions

  53-20-202. Definitions. As used in this part, the following definitions apply:   (1) "Comprehensive developmental disability system" means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:   (a) evaluation services;   (b) diagnostic services;   (c) treatment services;   (d) day-care services;   (e) training services;   (f) education services;   (g) employment services;   (h) recreation services;   (i) personal-care services;   (j) domiciliary-care services;   (k) special living arrangements services;   (l) counseling services;   (m) information and referral services;   (n) follow-along services;   (o) protective and other social and sociolegal services, including case management services as defined in 42 CFR 440.169; and   (p) transportation services.   (2) "Department" means the department of public health and human services.   (3) "Developmental disabilities" means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability.   (4) "Developmental disabilities facility" means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis.   (5) "Legal resident" means a person who maintains Montana as the person's principal establishment, home of record, or permanent home and where, whenever absent due to military obligation, the person intends to return.   (6) "Military dependent" means a child of a military service member.   (7) "Military service" means service in the armed forces or armed forces reserves or membership in the Montana national guard.   (8) "Military service member" means a person who is currently in military service or who has separated from military service in the previous 18 months either through retirement or military separation.   History: En. 80-2612 by Sec. 2, Ch. 325, L. 1974; R.C.M. 1947, 80-2612; amd. and redes. 71-2402 by Sec. 1, Ch. 239, L. 1975; amd. Sec. 1, Ch. 559, L. 1977; R.C.M. 1947, 71-2402; amd. Sec. 113, Ch. 370, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 475, Ch. 546, L. 1995; amd. Sec. 70, Ch. 472, L. 1997; amd. Sec. 3, Ch. 78, L. 2005; amd. Sec. 19, Ch. 68, L. 2013; amd. Sec. 2, Ch. 451, L. 2015; amd. Sec. 1, Ch. 394, L. 2019.
MT Code § 53-20-203 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-203. Responsibilities of department

  53-20-203. Responsibilities of department. The department shall:   (1) take cognizance of matters affecting the citizens of the state who are persons with developmental disabilities;   (2) initiate a preventive developmental disabilities program that must include but not be limited to the implementation of developmental disabilities care, treatment, prevention, and research as can best be accomplished by community-centered services. Every means must be used to initiate and operate the service program in cooperation with local agencies under the provisions of 53-20-205.   (3) collect and disseminate information relating to developmental disabilities;   (4) prepare an annual comprehensive plan for the initiation and maintenance of developmental disabilities services in the state. The services must include but not be limited to community comprehensive developmental disabilities services as listed in 53-20-202(1).   (5) provide by rule for the evaluation of:   (a) persons who apply for services;   (b) persons admitted into a program at a developmental disability facility; and   (c) persons residing at or released from the Montana developmental center into a community home, in accordance with the requirements established in 53-20-225;   (6) carry out the review of administrative rules, policies, and procedures provided for in 53-20-215 and take the steps necessary to eliminate or change a rule, policy, or procedure found by the review to be unnecessary, duplicative, or in need of revision, including applying for any amendments to medicaid waivers;   (7) receive from agencies of the government of the United States and other agencies, persons or groups of persons, associations, firms, or corporations grants of money, receipts from fees, gifts, supplies, materials, and contributions to initiate and maintain developmental disabilities services within the state;   (8) require that habilitation plans be developed, implemented, and continuously maintained for all persons with developmental disabilities who are served through a community-based program funded by the state; and   (9) use funds available for cases in which special medical or material assistance is necessary to rehabilitate children with developmental disabilities or children with physical disabilities if the assistance is not otherwise provided for by law.   History: En. 80-2613 by Sec. 3, Ch. 325, L. 1974; R.C.M. 1947, 80-2613; amd. and redes. 71-2403 by Sec. 2, Ch. 239, L. 1975; amd. Sec. 2, Ch. 559, L. 1977; R.C.M. 1947, 71-2403; amd. Sec. 1, Ch. 414, L. 1979; amd. Sec. 1, Ch. 426, L. 1987; amd. Sec. 93, Ch. 609, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 13, Ch. 171, L. 1997; amd. Sec. 71, Ch. 472, L. 1997; amd. Sec. 4, Ch. 78, L. 2005; amd. Sec. 3, Ch. 265, L. 2017; amd. Sec. 2, Ch. 246, L. 2019.
MT Code § 53-20-204 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-204. Rules

  53-20-204. Rules. (1) The department may adopt rules necessary for the proper administration of this part.   (2) The department shall adopt rules in cooperation with the board of nursing under which a properly trained staff member of a facility providing services to persons with developmental disabilities under this part may assist and supervise a client of the facility in taking medication if the medication is usually self-administered and if a physician has prescribed the assistance.   History: En. 80-2614 by Sec. 4, Ch. 325, L. 1974; R.C.M. 1947, 80-2614; amd. and redes. 71-2404 by Sec. 3, Ch. 239, L. 1975; amd. Sec. 41, Ch. 37, L. 1977; amd. Sec. 3, Ch. 559, L. 1977; R.C.M. 1947, 71-2404(1), (4); amd. Sec. 21, Ch. 255, L. 1995.
MT Code § 53-20-205 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-205. Community services

  53-20-205. Community services. (1) The department may establish and administer community comprehensive services, programs, clinics, or other facilities throughout the state for the purpose of aiding in the prevention, diagnosis, amelioration, or treatment of developmental disabilities. Programs, clinics, or other services may be provided directly by state agencies or indirectly through contract or cooperative arrangements with other agencies of government, regional or local, private or public agencies, private professional persons, or accredited health or long-term care facilities.   (2) (a) The department may contract for programs for developmental disabilities services. Contracts entered into by the department must contain specific conditions for performance by the contractor. The department shall set minimum standards for programs and establish appropriate qualifications for persons employed in the programs.   (b) A contract for case management services targeted for people with developmental disabilities must include funding to allow for an average caseload of no more than 35 clients per case manager.   (3) All developmental disabilities facilities and services must comply with existing federal guidelines and with requirements that will enable the services and facilities to qualify for available aid funds. However, this section does not require facilities serving persons with developmental disabilities to meet the same or equal standards as licensed medical facilities unless the developmental disabilities facility is providing professional or skilled medical care.   (4) Comprehensive services, programs, clinics, or other facilities established or provided by the department under this part must conform as nearly as possible to the plans of the council created under 2-15-1869.   (5) The department may promote scientific and medical research investigations relative to the incidence, cause, prevention, and care of persons with developmental disabilities.   History: (1), (4)En. 80-2615 by Sec. 5, Ch. 325, L. 1974; R.C.M. 1947, 80-2615; amd. and redes. 71-2405 by Sec. 4, Ch. 239, L. 1975; amd. Sec. 42, Ch. 37, L. 1977; Sec. 71-2405, R.C.M. 1947; (2), (3)En. 80-2614 by Sec. 4, Ch. 325, L. 1974; R.C.M. 1947, 80-2614; amd. and redes. 71-2404 by Sec. 3, Ch. 239, L. 1975; amd. Sec. 41, Ch. 37, L. 1977; amd. Sec. 3, Ch. 559, L. 1977; Sec. 71-2404, R.C.M. 1947; R.C.M. 1947, 71-2404(2), (3), 71-2405; amd. Sec. 13, Ch. 38, L. 1979; (5)En. Sec. 2, Ch. 414, L. 1979; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 14, Ch. 171, L. 1997; amd. Sec. 5, Ch. 78, L. 2005; amd. Sec. 2, Ch. 394, L. 2019.
MT Code § 53-20-206 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-206. Repealed

  53-20-206. Repealed. Sec. 6, Ch. 78, L. 2005.   History: En. 71-2406 by Sec. 5, Ch. 239, L. 1975; amd. Sec. 4, Ch. 559, L. 1977; R.C.M. 1947, 71-2406(4) thru (9); amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 3, Ch. 478, L. 2003.
MT Code § 53-20-207 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 2. Community-Based Services|53-20-207. Repealed

  53-20-207. Repealed. Sec. 16, Ch. 171, L. 1997.   History: En. 71-2407 by Sec. 6, Ch. 239, L. 1975; amd. Sec. 5, Ch. 559, L. 1977; R.C.M. 1947, 71-2407; amd. Sec. 3, Ch. 414, L. 1979; amd. Sec. 21, Ch. 255, L. 1995.