reglab/housing_qa huggingface dataset:
MT Code § 53-20-110 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-110. Community treatment plan -- elements -- placement

  53-20-110. Community treatment plan -- elements -- placement. A court may order a respondent to be placed in a community treatment plan as a less restrictive alternative to commitment to a residential facility. The plan may include but is not limited to requiring the respondent to:   (1) participate in a specified set of community-based services;   (2) participate in services addressing the risk to self or others, including but not limited to group or individual therapy, staff supervision, psychiatric care, or medication; and   (3) abide by individualized restrictions on the respondent's behavior or other conditions of continued participation that the court finds necessary to protect the respondent or the public, including but not limited to residential requirements, restrictions on access to intoxicants or weapons, productive use of free time, limited financial independence, curfew, or authorization for providers to share information about the respondent with law enforcement.   History: En. Sec. 3, Ch. 252, L. 2007.
MT Code § 53-20-111 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-111. Repealed

  53-20-111. Repealed. Sec. 20, Ch. 255, L. 1995.   History: En. 38-1215 by Sec. 15, Ch. 468, L. 1975; amd. Sec. 4, Ch. 568, L. 1977; R.C.M. 1947, 38-1215; amd. Sec. 5, Ch. 381, L. 1991.
MT Code § 53-20-112 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-112. Procedural rights -- appointment of counsel

  53-20-112. Procedural rights -- appointment of counsel. (1) A respondent has all the rights accorded to a person subject to involuntary commitment proceedings under the laws of this state relating to involuntary commitment of a person who suffers from a mental disorder and who requires commitment, as provided in 53-21-115 through 53-21-118.   (2) In addition, the parents or guardian of a respondent has the right to:   (a) be present at any hearing held pursuant to this part;   (b) be represented by counsel in any hearing;   (c) offer evidence and cross-examine witnesses in any hearing; and   (d) have the respondent examined by a professional of the parents' or guardian's choice when a professional is reasonably available unless the person chosen is objected to by the respondent or by a responsible person appointed by the court.   (3) Upon receipt of a petition for commitment, recommitment, or emergency commitment, the court shall order the office of the state public defender, provided for in 2-15-1029, to assign counsel for the respondent. If the parents are indigent and the parents request it or if the guardian is indigent and the guardian requests it, the court shall order the office of state public defender to assign counsel for the parents or guardian pending a determination of indigence pursuant to 47-1-111.   History: En. 38-1203 by Sec. 3, Ch. 468, L. 1975; R.C.M. 1947, 38-1203(1), (2); amd. Sec. 12, Ch. 38, L. 1979; amd. Sec. 6, Ch. 381, L. 1991; amd. Sec. 5, Ch. 255, L. 1995; amd. Sec. 13, Ch. 490, L. 1997; amd. Sec. 2, Ch. 252, L. 2007; amd. Sec. 36, Ch. 358, L. 2017.
MT Code § 53-20-113 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-113. Waiver of rights

  53-20-113. Waiver of rights. (1) A respondent may waive the respondent's procedural rights provided that the waiver is knowingly and intentionally made.   (2) The right to counsel in a hearing held pursuant to 53-20-125 may not be waived.   (3) The right to habilitation provided for in this part may not be waived.   (4) A respondent may knowingly and intentionally waive the respondent's rights only with the concurrence of the respondent's counsel, if any, or, if the respondent has no counsel, the respondent's parents, guardian, or other responsible person appointed by the court.   History: En. 38-1203 by Sec. 3, Ch. 468, L. 1975; R.C.M. 1947, 38-1203(3) thru (5); amd. Sec. 7, Ch. 381, L. 1991; amd. Sec. 6, Ch. 255, L. 1995.
MT Code § 53-20-114 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-114. Appointment of responsible person

  53-20-114. Appointment of responsible person. (1) In a proceeding under this part, the court shall appoint a responsible person to protect the interests of the respondent if the court determines:   (a) that a conflict of interest may exist between the respondent and the respondent's parents or guardian;   (b) that the parents or guardian are unable to protect the interests of the respondent; or   (c) that the respondent has no parent or guardian.   (2) The responsible person may not be an employee of a residential facility.   (3) Only one person may be the responsible person within the meaning of this part.   (4) In appointing a responsible person, the court shall consider the preference of the respondent. The court may at any time, for good cause shown, change its designation of who is the responsible person.   (5) The appointment of the responsible person must terminate at the time of the resident's discharge from the residential facility. The appointment of the responsible person may not terminate during any period of conditional release from the facility.   History: En. 38-1202 by Sec. 2, Ch. 468, L. 1975; amd. Sec. 4, Ch. 37, L. 1977; amd. Sec. 1, Ch. 568, L. 1977; R.C.M. 1947, 38-1202(part); amd. Sec. 2, Ch. 485, L. 1979; amd. Sec. 7, Ch. 255, L. 1995.
MT Code § 53-20-115 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-115. Repealed

  53-20-115. Repealed. Sec. 25, Ch. 381, L. 1991.   History: En. 38-1212 by Sec. 12, Ch. 468, L. 1975; R.C.M. 1947, 38-1212.
MT Code § 53-20-116 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-116. Residential facility screening team member -- testimony at hearing

  53-20-116. Residential facility screening team member -- testimony at hearing. In a hearing held pursuant to this part, a member of the residential facility screening team may be required to testify with regard to a determination made by the residential facility screening team.   History: En. 38-1213 by Sec. 13, Ch. 468, L. 1975; R.C.M. 1947, 38-1213; amd. Sec. 8, Ch. 381, L. 1991; amd. Sec. 8, Ch. 255, L. 1995.
MT Code § 53-20-117 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-117. Repealed

  53-20-117. Repealed. Sec. 25, Ch. 381, L. 1991.   History: En. 38-1214 by Sec. 14, Ch. 468, L. 1975; R.C.M. 1947, 38-1214.
MT Code § 53-20-118 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-118. Venue for hearing

  53-20-118. Venue for hearing. (1) Except as provided in 53-20-129, hearings held pursuant to this part must be held in the district court for the district in which:   (a) the respondent resides; or   (b) the residential facility to which the respondent is committed or is to be committed is located.   (2) The cost of any hearing held pursuant to this part must be borne by the county where the respondent resides.   History: En. 38-1210 by Sec. 10, Ch. 468, L. 1975; R.C.M. 1947, 38-1210; amd. Sec. 9, Ch. 255, L. 1995; amd. Sec. 4, Ch. 252, L. 2007.
MT Code § 53-20-119 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-119. Appeal procedure

  53-20-119. Appeal procedure. Any order issued by a court after a hearing held pursuant to any provision of this part may be appealed to the Montana supreme court in the same manner as for civil appeals generally.   History: En. 38-1211 by Sec. 11, Ch. 468, L. 1975; R.C.M. 1947, 38-1211.
MT Code § 53-20-120 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-120. Repealed

  53-20-120. Repealed. Sec. 25, Ch. 381, L. 1991.   History: En. 38-1204 by Sec. 4, Ch. 468, L. 1975; R.C.M. 1947, 38-1204.
MT Code § 53-20-121 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-121. Petition for involuntary treatment -- contents of

  53-20-121. Petition for involuntary treatment -- contents of. (1) A person who believes that there is a person who is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan may request the county attorney to file a petition alleging that the person is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan.   (2) The petition must contain:   (a) the name and address of the person requesting the petition and the person's interest in the case;   (b) the name and address of the respondent;   (c) the name and address of the parents or guardian of the respondent and of any other person believed to be legally responsible for the care, support, and maintenance of the respondent;   (d) the name and address of the respondent's next of kin, to the extent known;   (e) the name and address of any person who the county attorney believes might be willing and able to be appointed as a responsible person;   (f) a description of the relief requested, whether commitment to a residential facility or imposition of a community treatment plan; and   (g) a statement of the rights of the respondent and the respondent's parents or guardian that must be in conspicuous print and identified by a suitable heading.   (3) If the petition requests imposition of a community treatment plan, a copy of the proposed community treatment plan must be attached to the petition.   (4) The county attorney shall immediately mail a copy of the petition to the residential facility screening team, the respondent's parents or guardian, if any, and the respondent's counsel. The county attorney shall ensure that the petition is promptly hand-delivered to the respondent.   History: En. 38-1205 by Sec. 5, Ch. 468, L. 1975; amd. Sec. 5, Ch. 37, L. 1977; R.C.M. 1947, 38-1205(1), (2); amd. Sec. 9, Ch. 381, L. 1991; amd. Sec. 10, Ch. 255, L. 1995; amd. Sec. 5, Ch. 252, L. 2007.
MT Code § 53-20-122 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-122. Repealed

  53-20-122. Repealed. Sec. 25, Ch. 381, L. 1991.   History: En. 38-1205 by Sec. 5, Ch. 468, L. 1975; amd. Sec. 5, Ch. 37, L. 1977; R.C.M. 1947, 38-1205(3), (4).
MT Code § 53-20-123 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-123. Repealed

  53-20-123. Repealed. Sec. 25, Ch. 381, L. 1991.   History: En. 38-1206 by Sec. 6, Ch. 468, L. 1975; amd. Sec. 6, Ch. 37, L. 1977; R.C.M. 1947, 38-1206; amd. Sec. 3, Ch. 485, L. 1979; amd. Sec. 1, Ch. 262, L. 1991.
MT Code § 53-20-124 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-124. Repealed

  53-20-124. Repealed. Sec. 25, Ch. 381, L. 1991.   History: En. 38-1207 by Sec. 7, Ch. 468, L. 1975; R.C.M. 1947, 38-1207; amd. Sec. 2, Ch. 417, L. 1987.
MT Code § 53-20-126 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-126. Maximum period of commitment or treatment plan

  53-20-126. Maximum period of commitment or treatment plan. The court order approving the commitment to a residential facility or the imposition of the community treatment plan must specify the maximum period of time for which the person is committed or for which a community treatment plan is imposed. Except as provided in 53-20-602 for an individual committed to the intensive behavior center, the maximum period may not exceed 90 days for commitment to a residential facility or 1 year for the imposition of a community treatment plan.   History: En. 38-1209 by Sec. 9, Ch. 468, L. 1975; amd. Sec. 3, Ch. 568, L. 1977; R.C.M. 1947, 38-1209(1), (2); amd. Sec. 12, Ch. 255, L. 1995; amd. Sec. 7, Ch. 252, L. 2007; amd. Sec. 1, Ch. 373, L. 2015; amd. Sec. 5, Ch. 258, L. 2017.
MT Code § 53-20-128 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-128. Recommitment -- extension of community treatment plan

  53-20-128. Recommitment -- extension of community treatment plan. (1) The qualified intellectual disability professional responsible for a resident's habilitation or the case manager responsible for habilitation of a person under a community treatment plan may request that the county attorney file a petition for recommitment or extension of the order imposing the community treatment plan.   (2) A petition for recommitment or extension must be filed with the district court before the end of the current period of commitment or the expiration of the order imposing the current community treatment plan.   (3) A petition for recommitment or extension of a community treatment plan must be accompanied by a written report containing the recommendation of the qualified intellectual disability professional or case manager and a summary of the current habilitation plan or community treatment plan for the respondent.   (4) The petition must be reviewed in accordance with 53-20-133 by the residential facility screening team.   (5) Copies of the petition for recommitment and the report of the qualified intellectual disability professional or case manager must be sent to:   (a) the court that issued the current order;   (b) the residential facility screening team;   (c) the resident;   (d) the resident's parents or guardian or next of kin, if any;   (e) the attorney who most recently represented the resident, if any;   (f) the responsible person appointed by the court, if any; and   (g) the resident's advocate, if any.   (6)  The provisions of 53-20-125 apply to a petition for recommitment or extension of an order imposing a community treatment plan.   (7) If either the court or the residential facility screening team finds that the respondent has been placed voluntarily in community-based services or that the need for developmental disabilities services no longer exists, the court shall dismiss the petition.   (8) The court may not order recommitment to a residential facility that does not have an individualized habilitation plan for the resident.   (9) The court may not extend an order imposing a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions set forth in 53-20-133(4)(c) and (4)(d).   History: En. 38-1209 by Sec. 9, Ch. 468, L. 1975; amd. Sec. 3, Ch. 568, L. 1977; R.C.M. 1947, 38-1209(4), (5); amd. Sec. 4, Ch. 417, L. 1987; amd. Sec. 12, Ch. 381, L. 1991; amd. Sec. 14, Ch. 255, L. 1995; amd. Sec. 471, Ch. 546, L. 1995; amd. Sec. 8, Ch. 252, L. 2007; amd. Sec. 90, Ch. 2, L. 2009; amd. Sec. 12, Ch. 68, L. 2013.
MT Code § 53-20-130 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-130. Patient transfers from mental health facilities

  53-20-130. Patient transfers from mental health facilities. If a person is a patient in a mental health facility and the professional person, as defined in 53-21-102, in charge of the patient determines that the patient is suffering from a developmental disability rather than mental illness and should more properly be committed to a residential facility or an appropriate less restrictive alternative, the professional person shall commence proceedings to effect a commitment, consistent with the procedures set forth in this part for commitments generally.   History: En. 38-1233 by Sec. 33, Ch. 468, L. 1975; R.C.M. 1947, 38-1233; amd. Sec. 4, Ch. 485, L. 1979; amd. Sec. 16, Ch. 255, L. 1995.
MT Code § 53-20-131 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-131. Placement in nonstate facility

  53-20-131. Placement in nonstate facility. (1) Consistent with other provisions of this part, a person admitted to a residential facility under this part for a period of more than 30 days may be committed by the court to the custody of friends or next of kin residing outside the state or transferred to an out-of-state facility for the habilitation of persons who are persons with developmental disabilities if the out-of-state facility agrees to receive the person. The commitment or transfer may not be for a longer period of time than is permitted within Montana. If the person is indigent, the expense of supporting the person in an out-of-state facility and the expense of transportation must be borne by the state of Montana.   (2) The transfer of persons admitted to a residential facility outside of Montana under the provisions of this part or into Montana under the laws of another jurisdiction must be governed by the provisions of the Interstate Compact on Mental Health.   History: En. 38-1218 by Sec. 18, Ch. 468, L. 1975; R.C.M. 1947, 38-1218; amd. Sec. 6, Ch. 151, L. 1985; amd. Sec. 14, Ch. 381, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1907, Ch. 56, L. 2009.
MT Code § 53-20-132 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-132. Court-ordered placement in community-based services prohibited except through statutory process

  53-20-132. Court-ordered placement in community-based services prohibited except through statutory process. This part may not be construed as authorizing the placement of and delivery of services to persons with developmental disabilities in community-based services by court order, except by imposing a community treatment plan pursuant to this part. Placement of persons in voluntary community-based services is governed by 53-20-209.   History: En. Sec. 1, Ch. 417, L. 1987; amd. Sec. 15, Ch. 381, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 10, Ch. 252, L. 2007.
MT Code § 53-20-133 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-133. Residential facility screening team -- referral by court -- membership -- rules

  53-20-133. Residential facility screening team -- referral by court -- membership -- rules. (1) When the district court receives a petition for commitment to a residential facility or for imposition of a community treatment plan under this part, the court, prior to proceeding, shall refer the respondent to the residential facility screening team for screening to determine whether commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.   (2) A court may not commit a respondent to a residential facility or impose a community treatment plan under 53-20-125, 53-20-128, or 53-20-129 unless the residential facility screening team determines that commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.   (3) The residential facility screening team may not determine that commitment to a residential facility or imposition of a community treatment plan is appropriate on an extended basis unless the residential facility screening team determines that the respondent is seriously developmentally disabled.   (4) The residential facility screening team may not recommend imposition of a community treatment plan unless it finds that the proposed plan:   (a) provides adequate assurances of safety from the consequences of the behaviors of the respondent for both the respondent and the community;   (b) provides effective habilitation services for the respondent's developmental disability;   (c) is funded from public or private sources that are identified, committed, and available to pay for all of the proposed services to the respondent; and   (d) ensures services from identified, qualified providers that are committed and available to provide all of the proposed services to the respondent.   (5) For purposes of this part, the department of public health and human services shall adopt rules providing for the membership and terms of the members of the residential facility screening team and setting forth the criteria and procedures to govern the determinations made by the residential facility screening team.   History: En. Sec. 1, Ch. 381, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 17, Ch. 255, L. 1995; amd. Sec. 472, Ch. 546, L. 1995; amd. Sec. 11, Ch. 252, L. 2007; amd. Sec. 91, Ch. 2, L. 2009.
MT Code § 53-20-134 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-134. Court records to be kept separate -- sealed -- names omitted

  53-20-134. Court records to be kept separate -- sealed -- names omitted. Records and papers in proceedings under this part must be maintained separately by each clerk of court. Five days prior to the release of a respondent or resident committed to a residential facility, the facility shall notify the appropriate clerk of court, and the clerk shall immediately seal the record in the case and omit the name of the respondent or resident from the index or indexes of cases in the court unless the court orders the record opened for good cause shown.   History: En. Sec. 1, Ch. 263, L. 2007.
MT Code § 53-20-135 (2021)
2021 Montana Code Annotated|Title 53. Social Services and Institutions|Chapter 20. Developmental Disabilities|Part 1. Treatment|53-20-135. through 53-20-139 reserved

  53-20-135 through 53-20-139 reserved.