reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-222. Respite care and employment responsibilities -- liabilities

53-20-222. Respite care and employment responsibilities -- liabilities.
(1) Contingent upon approval of the program by the federal government for purposes of receiving federal medicaid funds, the department may make payment to an approved, certified, and qualified medicaid provider who passes through the payment on behalf of a family to a person providing respite care for individuals who, because of age or infirmity, are unable to care for themselves as provided under 29 U.S.C. 213. A qualified medicaid provider who passes through payment may not be considered an employer by the department for the purposes of workers' compensation, unemployment insurance, or wage and hour requirements.
(2) The department, through administrative rule, waiver of a state or federal program providing payment for respite care, or a pilot program, may not require a qualified medicaid provider to assume employer responsibilities or liabilities if the family chooses to negotiate the respite care agreement and the qualified provider does not:
(a) control the person who provides respite care; or
(b) direct the respite care provided by the person.
(3) (a) The department may provide an option to families to choose self-directed care.
(b) The department shall continue to provide families the choice of negotiating respite care by using a local qualified medicaid provider to provide pass-through payment and benefiting from the exemptions provided under 39-3-406, 39-51-204, and 39-71-401.
History: En. Sec. 2, Ch. 281, L. 2009; amd. Sec. 12, Ch. 123, L. 2011.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-223. Military dependents -- eligibility and placement determinations

53-20-223. Military dependents -- eligibility and placement determinations.
(1) If a military dependent is eligible for home and community-based developmental disability services while physically present in the state, the department shall reinstate the dependent's eligibility and placement status when the dependent returns to the state if the military service member provides proof acceptable to the department that:
(a) the military service member was on military assignment outside the state, was a legal resident of the state before the military assignment, and maintained residency in the state while on the military assignment;
(b) the military service member and military dependent are physically present in the state and intend to reside permanently in the state while the dependent is receiving services;
(c) the military service member returned to the state within 18 months of separating from military service; and
(d) the military dependent is not eligible for coverage of home and community-based services under another health insurance plan.
(2) (a) Upon the military dependent's return to the state, the department shall reinstate the dependent's eligibility status without a further redetermination of eligibility unless the state's eligibility requirements have changed while the dependent was out of the state.
(b) If the eligibility requirements have changed, the military dependent shall retain eligibility for services until eligibility under the new requirements has been determined.
(3) (a) If the military dependent was on a waiting list for services at the time the dependent left the state due to the military service member's military assignment, the department shall determine the military dependent's place on the waiting list as if the dependent had remained in the state during the time of the military assignment.
(b) If the department finds that the military dependent would be immediately eligible for services upon return to the state, the department shall place the dependent in services as soon as an opening occurs. The department may not remove a person from services in order to place a military dependent in services.
(4) Upon the military dependent's return to the state and when a request for services is made, the department shall notify the dependent of the availability of services and any changes in eligibility requirements. The department shall provide due process through the appeals processes established by the department.
(5) To continue eligibility under this section, the military dependent must inform the department of the dependent's current address and provide updates as requested by the department.
History: En. Sec. 1, Ch. 451, L. 2015.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-224. Legislative findings -- purpose

53-20-224. Legislative findings -- purpose.
(1) The legislature finds that the Montana developmental center has served as a placement of last resort for seriously developmentally disabled individuals, many of whom have co-occurring mental health conditions.
(2) The legislature further finds that as the department has been carrying out the process of closing the Montana developmental center pursuant to Chapter 444, Laws of 2015, family members of Montana developmental center residents, community service providers, and community members have expressed concern that community facilities may not be equipped to provide appropriate care and treatment for some of the residents.
(3) The legislature further finds that family members have expressed concern that their developmentally disabled relatives may not maintain the progress they have made in treatment at the Montana developmental center as they move to new and unfamiliar settings.
(4) It is the intent of the legislature that the department monitor the skills, abilities, and behaviors of Montana developmental center residents while they are in the care and custody of the state and as they transition to the community in order to ensure that the individuals remain safe, maintain or improve their skills and abilities, and find a home that provides the most appropriate services in the least restrictive setting possible.
History: En. Sec. 1, Ch. 265, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-225. Department monitoring of Montana developmental center residents -- report to legislature

53-20-225. Department monitoring of Montana developmental center residents -- report to legislature.
(1) The department shall monitor:
(a) individuals released from the Montana developmental center and placed in a community home as defined in 53-20-302 for 2 years after placement in a community home; and
(b) for the duration of their residency, individuals who are admitted to and residing at the Montana developmental center.
(2) The department shall evaluate on a quarterly basis behaviors in the following areas to determine whether the skills, abilities, and behaviors of an individual subject to this section have improved, diminished, or remained unchanged:
(a) verbal or nonverbal communication, as appropriate for the individual;
(b) activities of daily living;
(c) emotional well-being;
(d) physical aggression; and
(e) sexually inappropriate behaviors.
(3) The department shall report on the results of the monitoring:
(a) at least quarterly to family members and guardians of the individuals if the family members and guardians are authorized to receive health care information; and
(b) annually to the children, families, health, and human services interim committee in accordance with 5-11-210. The report to the interim committee may provide information only in an aggregate form and may not contain any individually identifying information.
History: En. Sec. 2, Ch. 265, L. 2017; amd. Sec. 92, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 3. Community Homes › 53-20-301. Purpose

53-20-301. Purpose.
The legislature, in recognition of the wide and varied needs of persons with developmental disabilities and of the desirability of meeting these needs on a community level to the fullest extent possible and in order to reduce the need for care in existing state institutions, establishes by this part a community home program for persons with developmental disabilities to provide facilities and services for the training and treatment of persons with developmental disabilities in family-oriented residences and establishes a program to provide such homes through local nonprofit corporations.
History: En. Sec. 1, Ch. 373, L. 1973; amd. Sec. 1, Ch. 149, L. 1974; amd. Sec. 1, Ch. 385, L. 1975; R.C.M. 1947, 71-2001; amd. Sec. 21, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 3. Community Homes › 53-20-302. Definition of community home -- limitation on number of residents

53-20-302. Definition of community home -- limitation on number of residents.
A community home for persons with developmental disabilities is a family-oriented residence or home designed to provide facilities for two to eight persons with developmental disabilities, established as an alternative to existing state institutions. The number of persons with developmental disabilities may not exceed eight in a community home, except that the department of public health and human services may grant written approval for more than eight but not more than twelve persons.
History: En. Sec. 2, Ch. 373, L. 1973; R.C.M. 1947, 71-2002; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 478, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 3. Community Homes › 53-20-303. Parties authorized to establish and operate community homes

53-20-303. Parties authorized to establish and operate community homes.
(1) Nonprofit corporations or associations may be formed or organized in any community for the purposes of establishing a community home or homes for persons with developmental disabilities under this part and to receive services, facilities, and funds as the department of public health and human services and other governmental units may be authorized by law to provide.
(2) The department may also establish a community home or homes for persons with developmental disabilities under this part and receive services, facilities, and funds as the department and other governmental units may be authorized by law to provide.
History: En. Sec. 3, Ch. 373, L. 1973; amd. Sec. 2, Ch. 149, L. 1974; R.C.M. 1947, 71-2003; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 479, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 3. Community Homes › 53-20-304. Department contracts with nonprofit corporations -- governmental units providing for community homes

53-20-304. Department contracts with nonprofit corporations -- governmental units providing for community homes.
(1) The department of public health and human services may contract with nonprofit corporations or associations to provide facilities and services for persons with developmental disabilities in community homes for persons with developmental disabilities and is authorized to expend money appropriated or available for that purpose.
(2) Governmental units, including but not limited to counties, municipalities, school districts, or state institutions of higher learning, are authorized to provide, at their own expense, funds, materials, facilities, and services for community homes for persons with developmental disabilities.
History: En. Sec. 4, Ch. 373, L. 1973; amd. Sec. 3, Ch. 149, L. 1974; amd. Sec. 2, Ch. 385, L. 1975; R.C.M. 1947, 71-2004; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 480, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 3. Community Homes › 53-20-305. Local control of community homes -- departmental licensing, administration, operation, health and safety standards

53-20-305. Local control of community homes -- departmental licensing, administration, operation, health and safety standards.
(1) Community homes for persons with developmental disabilities may be under local control, and the nonprofit corporations or associations operating community homes are authorized to establish homes and programs they believe in the best interest of their homes.
(2) (a) A community home for persons with developmental disabilities must be licensed annually by the department of public health and human services.
(b) One temporary license may be issued for no longer than 60 days if there are unavoidable delays in the certification process.
(3) The department of public health and human services for the purpose of licensing shall adopt standards and rules concerning the administration, operation, health, and safety of community homes for persons with developmental disabilities.
History: En. Sec. 5, Ch. 373, L. 1973; amd. Sec. 4, Ch. 149, L. 1974; R.C.M. 1947, 71-2005; amd. Sec. 1, Ch. 271, L. 1981; amd. Sec. 95, Ch. 609, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 164, Ch. 418, L. 1995; amd. Sec. 481, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 3. Community Homes › 53-20-306. Federal aid

53-20-306. Federal aid.
The department of public health and human services may apply for and receive federal-aid money or other assistance that is available for programs in the nature of the program created by this part.
History: En. Sec. 6, Ch. 373, L. 1973; amd. Sec. 5, Ch. 149, L. 1974; R.C.M. 1947, 71-2006; amd. Sec. 482, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 3. Community Homes › 53-20-307. Health and safety standards for licensing

53-20-307. Health and safety standards for licensing.
(1) (a) After initial certification by the state fire prevention and investigation section of the department of justice, community homes must be certified annually for fire and life safety by the department of justice.
(b) The department of justice shall notify the department of public health and human services when a community home has been certified.
(2) (a) Local health officers shall certify community homes for compliance with health and safety standards. If for any reason the local authority cannot complete the certification in a timely manner, the department of public health and human services is authorized to make the determination on certification.
(b) A reasonable fee may be charged to authorized parties, as defined in 53-20-303, for the health and safety certification.
History: En. Sec. 7, Ch. 373, L. 1973; R.C.M. 1947, 71-2007; amd. Sec. 2, Ch. 271, L. 1981; amd. Sec. 96, Ch. 609, L. 1987; amd. Sec. 1, Ch. 706, L. 1991; amd. Sec. 165, Ch. 418, L. 1995; amd. Sec. 483, Ch. 546, L. 1995; amd. Sec. 40, Ch. 449, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 4. Protective Services (Renumbered and Repealed) › 53-20-404. Repealed

53-20-404. Repealed.
Sec. 112, Ch. 609, L. 1987.
History: En. Sec. 4, Ch. 508, L. 1973; R.C.M. 1947, 71-1904; amd. Sec. 3, Ch. 343, L. 1981.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 4. Protective Services (Renumbered and Repealed) › 53-20-407. Repealed

53-20-407. Repealed.
Sec. 112, Ch. 609, L. 1987.
History: En. Sec. 7, Ch. 508, L. 1973; R.C.M. 1947, 71-1907.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 4. Protective Services (Renumbered and Repealed) › 53-20-411. Repealed

53-20-411. Repealed.
Sec. 112, Ch. 609, L. 1987.
History: En. Sec. 11, Ch. 508, L. 1973; R.C.M. 1947, 71-1911.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 4. Protective Services (Renumbered and Repealed) › 53-20-412. Repealed

53-20-412. Repealed.
Sec. 112, Ch. 609, L. 1987.
History: En. Sec. 12, Ch. 508, L. 1973; R.C.M. 1947, 71-1912.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 5. State-Owned Facilities › 53-20-501. Repealed

53-20-501. Repealed.
Sec. 6, Ch. 575, L. 2003.
History: En. Sec. 4, Ch. 111, L. 1971; amd. Sec. 72, Ch. 120, L. 1974; R.C.M. 1947, 80-2604; amd. Sec. 4, Ch. 132, L. 1983; amd. Sec. 8, Ch. 151, L. 1985.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 5. State-Owned Facilities › 53-20-502. Repealed

53-20-502. Repealed.
Sec. 6, Ch. 575, L. 2003.
History: En. Sec. 3, Ch. 255, L. 1967; amd. Sec. 1, Ch. 275, L. 1969; amd. Sec. 1, Ch. 101, L. 1973; amd. Sec. 58, Ch. 120, L. 1974; R.C.M. 1947, 80-2310; amd. Sec. 5, Ch. 132, L. 1983; amd. Sec. 9, Ch. 151, L. 1985.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 5. State-Owned Facilities › 53-20-504. Powers and duties of department of public health and human services

53-20-504. Powers and duties of department of public health and human services.
The department of public health and human services:
(1) may operate or contract with a nonprofit corporation that demonstrates expertise in and the capability of providing programs for the patient population to be served by the facility and for the operation and management of nursing homes;
(2) shall ensure that any state-owned nursing homes are in compliance with federal and state regulations;
(3) shall adopt rules for staffing requirements and the admission of patients;
(4) may accept grants, gifts, bequests, and contributions in money or property or any other form from individuals, corporations, associations, or federal, state, and local government agencies for the purposes of establishing and operating nursing homes.
History: En. Sec. 2, Ch. 537, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 484, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 5. State-Owned Facilities › 53-20-505. Disposition of facility

53-20-505. Disposition of facility.
Section 53-20-504 does not prohibit the disposition of the facility as provided in 77-2-302 if an appropriate use for the facility cannot be found by the department of public health and human services.
History: En. Sec. 3, Ch. 537, L. 1979; amd. Sec. 6, Ch. 132, L. 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 485, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 6. Intensive Behavior Center › 53-20-601. Definitions

53-20-601. Definitions.
As used in this part, the following definitions apply:
(1) "Center" means the intensive behavior center provided for in 53-20-602.
(2) "Department" means the department of public health and human services provided for in 2-15-2201.
(3) "Developmental disability" has the meaning provided in 53-20-102.
History: En. Sec. 1, Ch. 258, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 6. Intensive Behavior Center › 53-20-602. Intensive behavior center limitations

53-20-602. Intensive behavior center limitations.
(1) There is a state-operated 12-bed intensive behavior center for individuals with a developmental disability who are in need of intensive treatment because of continuous or repeated behaviors that pose an imminent risk of serious harm to self or others.
(2) The center shall provide a program of active treatment in a secure residential environment. The treatment must:
(a) address the behavioral issues of each resident; and
(b) foster for each resident the transition to and residency in less restrictive service settings.
(3) The center may serve only individuals for whom the department has asked a county attorney to file a petition alleging the individual is in need of the services and secure setting of the center and requesting that the individual be committed to the center for services. The initial period of commitment to the center may not exceed 90 days. If recommitment is sought pursuant to 53-20-128, each subsequent recommitment period may not exceed 90 days.
History: En. Sec. 2, Ch. 258, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 6. Intensive Behavior Center › 53-20-603. Licensing

53-20-603. Licensing.
The intensive behavior center operated pursuant to this part must be licensed as an intermediate care facility for the developmentally disabled in accordance with 50-5-238.
History: En. Sec. 3, Ch. 258, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 6. Intensive Behavior Center › 53-20-604. Rulemaking authority

53-20-604. Rulemaking authority.
The department may adopt rules to carry out this part, including but not limited to rules for eligibility requirements for admission to the facility.
History: En. Sec. 4, Ch. 258, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-101. Purpose

53-21-101. Purpose.
The purpose of this part is to:
(1) secure for each person who may be suffering from a mental disorder and requiring commitment the care and treatment suited to the needs of the person and to ensure that the care and treatment are skillfully and humanely administered with full respect for the person's dignity and personal integrity;
(2) accomplish this goal whenever possible in a community-based setting;
(3) accomplish this goal in an institutionalized setting only when less restrictive alternatives are unavailable or inadequate and only when a person is suffering from a mental disorder and requires commitment; and
(4) ensure that due process of law is accorded any person coming under the provisions of this part.
History: En. 38-1301 by Sec. 1, Ch. 466, L. 1975; amd. Sec. 1, Ch. 546, L. 1977; R.C.M. 1947, 38-1301; amd. Sec. 14, Ch. 490, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-103. Court records to be kept separate

53-21-103. Court records to be kept separate.
Records and papers in proceedings under this part shall be maintained separately by the clerks of the several courts. Five days prior to the release of a respondent or patient committed to a mental health facility, the facility shall notify the clerk of the court, and the clerk shall immediately seal the record in the case and omit the name of the respondent or patient from the index or indexes of cases in the court unless the court orders the record opened for good cause shown.
History: En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; R.C.M. 1947, 38-1309(5); amd. Sec. 2, Ch. 547, L. 1979.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-105. Certification of professional persons required

53-21-105. Certification of professional persons required.
A person may not act in a professional capacity as provided for in this part unless the person is a professional person as defined in 53-21-102.
History: En. Sec. 2, Ch. 578, L. 1983; amd. Sec. 1911, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-106. Certification of professional persons

53-21-106. Certification of professional persons.
(1) The department shall certify professional persons as defined in 53-21-102 for the purpose of this part.
(2) The department, with reference to recognized national standards in the field of mental health, shall adopt standards and rules governing the certification of professional persons as defined in 53-21-102.
(3) The rules for certification must address but are not limited to:
(a) the type of education that an individual has received, including degrees;
(b) the type of experience or training received by the individual;
(c) continuing education, training, instruction, and work experience necessary to maintain certification;
(d) an examination instrument to be used to determine an individual's proficiency and understanding of mental health laws, diagnosis, and treatment procedures;
(e) the procedure for categorical certification qualifying the level of professional authority and responsibility of an individual; and
(f) specific procedures for certification, recertification, and revocation of certification.
History: En. Sec. 3, Ch. 578, L. 1983; amd. Sec. 2, Ch. 376, L. 1987; amd. Sec. 487, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-111. Voluntary admission -- content of admission form -- requirements for valid admission

53-21-111. Voluntary admission -- content of admission form -- requirements for valid admission.
(1) (a) This part may not be construed to limit the right of a person to make voluntary application for admission at any time to a mental health facility or professional person.
(b) An application for admission to a mental health facility must be in writing on a form prescribed by the facility. The form must explain:
(i) the process for requesting release and that the request must be in writing;
(ii) that the individual applying for release may be held involuntarily for up to 5 days after requesting release; and
(iii) that the facility may request a court to involuntarily commit the applicant.
(c) A statement of the rights of the person voluntarily applying for admission, as set out in this part, must be furnished to the patient within 12 hours.
(2) An applicant who wishes to voluntarily apply for admission to the state hospital shall first obtain certification from a professional person that the applicant is suffering from a mental disorder. The professional person shall then obtain confirmation from the department or the department's designee that the facilities available to the mental health region in which the applicant resides are unable to provide adequate evaluation and treatment. The department shall adopt rules to establish a procedure whereby a professional person shall obtain the confirmation from the department or the department's designee as required in this section.
(3) An application for voluntary admission must give the facility the right to detain the applicant for no more than 5 days, excluding weekends and holidays, past the applicant's written request for release. A mental health facility may adopt rules providing for detention of the applicant for less than 5 days. The facility shall notify all applicants of the rules and post the rules as provided in 53-21-168.
(4) An individual applying for voluntary admission pursuant to this section may not be admitted unless:
(a) the admission is approved by a professional person;
(b) the individual applying for admission has been informed orally of the matters required by subsection (1)(b) to be stated in the written application for admission;
(c) a copy of the written application for admission has been given to the applicant; and
(d) the admission otherwise complies with the requirements of this section.
(5) A person voluntarily entering or remaining in a mental health facility shall enjoy all the rights secured to a person involuntarily committed to the facility.
History: En. 38-1303 by Sec. 3, Ch. 466, L. 1975; amd. Sec. 3, Ch. 546, L. 1977; R.C.M. 1947, 38-1303(1) thru (3), (6); amd. Sec. 3, Ch. 547, L. 1979; amd. Sec. 1, Ch. 603, L. 1985; amd. Sec. 10, Ch. 590, L. 1995; amd. Sec. 1, Ch. 247, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-112. Voluntary admission of minors

53-21-112. Voluntary admission of minors.
(1) Notwithstanding any other provision of law, a parent or guardian of a minor may consent to mental health services to be rendered to the minor by:
(a) a facility;
(b) a person licensed in this state to practice medicine; or
(c) a mental health professional licensed in this state.
(2) A minor who is at least 16 years of age may, without the consent of a parent or guardian, consent to receive mental health services from those facilities or persons listed in subsection (1).
(3) Except as provided by this section, the provisions of 53-21-111 apply to the voluntary admission of a minor to a mental health facility but not to the state hospital.
(4) Except as provided by this subsection, voluntary admission of a minor to a mental health facility for an inpatient course of treatment is for the same period of time as that for an adult. A minor voluntarily admitted with consent of the minor's parent or guardian has the right to be released within 5 days of a request by the parent or guardian as provided in 53-21-111(3). A minor who has been admitted without consent by a parent or guardian, pursuant to subsection (2), may also make a request and also has the right to be released within 5 days as provided in 53-21-111(3). Unless there has been a periodic review and a voluntary readmission consented to by the parent or guardian in the case of a minor patient or consented to by the minor alone in the case of a minor patient who is at least 16 years of age, voluntary admission terminates at the expiration of 1 year. At the minor's request or at any time that the minor is faced with potential legal proceedings, the court shall order the office of state public defender, provided for in 2-15-1029, to assign counsel for the minor.
History: En. 38-1303 by Sec. 3, Ch. 466, L. 1975; amd. Sec. 3, Ch. 546, L. 1977; R.C.M. 1947, 38-1303(7) thru (9); amd. Sec. 14, Ch. 38, L. 1979; amd. Sec. 4, Ch. 547, L. 1979; amd. Sec. 12, Ch. 363, L. 1983; amd. Sec. 12, Ch. 14, Sp. L. June 1986; amd. Sec. 16, Ch. 490, L. 1997; amd. Sec. 57, Ch. 449, L. 2005; amd. Sec. 37, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-113. Costs of committing a patient already voluntarily admitted -- transportation costs for voluntary admission

53-21-113. Costs of committing a patient already voluntarily admitted -- transportation costs for voluntary admission.
(1) The cost of involuntarily committing a patient who is voluntarily admitted to a mental health facility at the time the involuntary proceedings are commenced must be paid by the county of the patient's residence at the time of admission.
(2) The costs of transportation to a mental health facility under 53-21-111 and 53-21-112 must be provided by the local office of public assistance located in the county of the patient's residence. However, if protective proceedings under Title 72, chapter 5, have been or are initiated with respect to the person, the local office of public assistance may seek reimbursement. If no one else is available to transport the person, the sheriff shall transport the person.
History: En. 38-1303 by Sec. 3, Ch. 466, L. 1975; amd. Sec. 3, Ch. 546, L. 1977; R.C.M. 1947, 38-1303(4), (5); amd. Sec. 42, Ch. 571, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-114. Notice of rights to be given

53-21-114. Notice of rights to be given.
(1) Whenever a person is involuntarily detained pursuant to 53-21-121 through 53-21-126, the person must at the time of detention be informed of the person's constitutional rights and the person's rights under this part. Within 3 days of detention, the person must also be informed in writing by the county attorney of the enumerated rights.
(2) A respondent who is subject to an order for short-term treatment or long-term care and treatment must be advised in writing of the right to appeal the order by the court at the conclusion of any hearing as a result of which an order may be entered.
History: (1)En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; Sec. 38-1304, R.C.M. 1947; (2)En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; Sec. 38-1304, R.C.M. 1947; R.C.M. 1947, 38-1304(part), 38-1309(4); amd. Sec. 1, Ch. 522, L. 1983; amd. Sec. 1, Ch. 537, L. 1991; amd. Sec. 1912, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-115. Procedural rights

53-21-115. Procedural rights.
In addition to any other rights that may be guaranteed by the constitution of the United States and of this state, by the laws of this state, or by this part, any person who is involuntarily detained or against whom a petition is filed pursuant to this part has the following rights:
(1) the right to notice reasonably in advance of any hearing or other court proceeding concerning the person;
(2) the right in any hearing to be present, to offer evidence, and to present witnesses in any proceeding concerning the person;
(3) the right to know, before a hearing, the names and addresses of any witnesses who will testify in support of a petition;
(4) the right in any hearing to cross-examine witnesses;
(5) the right to be represented by counsel;
(6) the right to remain silent;
(7) the right in any hearing to be proceeded against according to the rules of evidence applicable to civil matters generally;
(8) the right to view and copy all petitions on file with the court concerning the person;
(9) the right to be examined by a professional person of the person's choice when the professional person is willing and reasonably available;
(10) the right to be dressed in the person's own clothes at any hearing held pursuant to this part;
(11) the right to refuse any but lifesaving medication for up to 24 hours prior to any hearing held pursuant to this part; and
(12) the right to voluntarily take necessary medications prior to any hearing pursuant to this part.
History: En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; R.C.M. 1947, 38-1304(4); amd. Sec. 5, Ch. 547, L. 1979; amd. Sec. 3, Ch. 376, L. 1987; amd. Sec. 17, Ch. 490, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-116. Right to be present at hearing or trial -- assignment of counsel

53-21-116. Right to be present at hearing or trial -- assignment of counsel.
The person alleged to be suffering from a mental disorder and requiring commitment has the right to be present and the right to counsel at any hearing or trial. If the person is indigent or if in the court's discretion assignment of counsel is in the best interest of justice, the judge shall order the office of state public defender, provided for in 2-15-1029, to immediately assign counsel to represent the person at either the hearing or the trial, or both.
History: En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; R.C.M. 1947, 38-1309(part); amd. Sec. 4, Ch. 376, L. 1987; amd. Sec. 18, Ch. 490, L. 1997; amd. Sec. 7, Ch. 583, L. 2003; amd. Sec. 58, Ch. 449, L. 2005; amd. Sec. 38, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-117. Right to representation by own attorney

53-21-117. Right to representation by own attorney.
The respondent or the friend of respondent appointed by the court may secure an attorney of the person's own choice and at the person's own expense to represent the respondent.
History: En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; R.C.M. 1947, 38-1309(part); amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 1913, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-118. Right to examination by professional person of own choosing

53-21-118. Right to examination by professional person of own choosing.
(1) The respondent, the respondent's attorney, or the friend of respondent appointed by the court may secure a professional person of the individual's own choice to examine the respondent and to testify at the hearing before the court or jury as to the results of the professional person's examination.
(2) If the person wishing to secure the testimony of a professional person is unable to do so because of financial reasons and if the respondent joins in the request for the examination, the court shall appoint a professional person other than the professional person requesting the commitment to perform the examination. Whenever possible, the court shall allow the respondent a reasonable choice of an available professional person qualified to perform the requested examination who will be compensated from the public funds of the county where the respondent resides.
History: En. 38-1309 by Sec. 9, Ch. 466, L. 1975; amd. Sec. 9, Ch. 546, L. 1977; R.C.M. 1947, 38-1309(part); amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 1914, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-119. Waiver of rights

53-21-119. Waiver of rights.
(1) A person may waive the person's rights, or if the person is not capable of making an intentional and knowing decision, these rights may be waived by the person's counsel and friend of respondent, if a friend of respondent is appointed, acting together if a record is made of the reasons for the waiver. The right to counsel may not be waived. The right to treatment provided for in this part may not be waived.
(2) The right of the respondent to be physically present at a hearing may also be waived by the respondent's attorney and the friend of respondent with the concurrence of the professional person and the judge upon a finding supported by facts that:
(a) (i) the presence of the respondent at the hearing would be likely to seriously adversely affect the respondent's mental condition; and
(ii) an alternative location for the hearing in surroundings familiar to the respondent would not prevent the adverse effects on the respondent's mental condition; or
(b) the respondent has voluntarily expressed a desire to waive the respondent's presence at the hearing.
(3) (a) In the case of a minor, provided that a record is made of the reasons for the waiver, the minor's rights may be waived by the mutual consent of the minor's counsel and parents or guardian or guardian ad litem if there are no parents or guardian.
(b) If there is an apparent conflict of interest between a minor and the minor's parents or guardian, the court shall appoint a guardian ad litem for the minor.
History: En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; R.C.M. 1947, 38-1304(part); amd. Secs. 6, 14, Ch. 547, L. 1979; amd. Sec. 1915, Ch. 56, L. 2009; amd. Sec. 2, Ch. 308, L. 2013.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-120. Detention to be in least restrictive environment -- preference for mental health facility -- court relief -- prehearing detention of mentally ill person prohibited

53-21-120. Detention to be in least restrictive environment -- preference for mental health facility -- court relief -- prehearing detention of mentally ill person prohibited.
(1) A person detained pursuant to this part must be detained in the least restrictive environment required to protect the life and physical safety of the person detained or members of the public; in this respect, prevention of significant injury to property may be considered.
(2) Whenever possible, a person detained pursuant to this part must be detained in a mental health facility and in the county of residence. If the person detained demands a jury trial and the trial cannot be held within 7 days, subject to the provisions in 53-21-193, the individual may be sent to the state hospital or a behavioral health inpatient facility until the time of trial if arrangements can be made to return the person to trial. The trial must be held within 30 days. The county of residence shall pay the cost of travel and professional services associated with the trial. A person may not be detained in any hospital or other medical facility that is not a mental health facility unless the hospital or facility has agreed in writing to admit the person.
(3) A person may not be detained pursuant to this part in a jail or other correctional facility.
(4) A person detained prior to involuntary commitment may apply to the court for immediate relief with respect to the need for detention or the adequacy of the facility being utilized to detain.
History: En. 38-1304 by Sec. 4, Ch. 466, L. 1975; amd. Sec. 4, Ch. 546, L. 1977; R.C.M. 1947, 38-1304(5); amd. Sec. 7, Ch. 547, L. 1979; amd. Sec. 5, Ch. 376, L. 1987; amd. Sec. 1, Ch. 360, L. 1989; amd. Sec. 1, Ch. 636, L. 1991; amd. Sec. 4, Ch. 513, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-123. Examination of respondent following initial hearing -- recommendation of professional person

53-21-123. Examination of respondent following initial hearing -- recommendation of professional person.
(1) Following the initial hearing, whether before a judge or justice of the peace, the respondent must be examined by the professional person without unreasonable delay. The examination may not exceed a period of 4 hours. The professional person shall immediately notify the county attorney of the findings in person or by phone and shall make a written report of the examination to the court, with copies to the respondent's attorney and the county attorney.
(2) (a) The professional person shall include in the report a recommendation about whether the respondent should be:
(i) diverted from involuntary commitment to short-term inpatient treatment provided for under 53-21-1205 and 53-21-1206; or
(ii) evaluated for eligibility as a resident in a category D assisted living facility as provided in 53-21-199.
(b) If the professional person recommends commitment, the professional person's written report must contain a statement of the professional person's recommendations to the court for disposition under 53-21-127.
(3) The following action must be taken based on the professional person's findings:
(a) If the professional person recommends dismissal, the professional person shall additionally notify counsel and the respondent must be released and the petition dismissed. However, the county attorney may, upon good cause shown, request the court to order an additional, but no more than one, examination by a different professional person for a period of no more than 4 hours.
(b) If the professional person recommends diversion from involuntary commitment to short-term inpatient treatment or an option for living in a category D assisted living facility, the court shall suspend the commitment hearing unless the county attorney or the respondent's attorney objects within 24 hours of receiving notice of the professional person's recommendation.
(c) If the court finds that commitment proceedings should continue, the hearing must be held as scheduled.
(4) The court may not order further evaluation pending the hearing unless sound medical reasons require additional time for a complete evaluation. The reasons must be set forth in the order, along with the amount of additional time needed.
History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(4); amd. Sec. 8, Ch. 376, L. 1987; amd. Sec. 21, Ch. 490, L. 1997; amd. Sec. 9, Ch. 342, L. 2001; amd. Sec. 3, Ch. 481, L. 2009; amd. Sec. 5, Ch. 402, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-124. Detention of respondent pending hearing or trial -- jail prohibited

53-21-124. Detention of respondent pending hearing or trial -- jail prohibited.
(1) The court may not order detention of a respondent pending the hearing unless requested by the county attorney and upon the existence of probable cause for detention. Counsel must be orally notified immediately. Counsel for the respondent may then request a detention hearing, which must be held immediately.
(2) In the event of detention, the respondent must be detained in the least restrictive setting necessary to ensure the respondent's presence and ensure the safety of the respondent and of others as provided in 53-21-120.
(3) If the respondent is detained, the respondent has the right to be examined additionally by a professional person of the respondent's choice, which may not depend on the respondent's ability to pay, and the respondent must be informed of this right. Unless objection is made by counsel for the respondent, the respondent must continue to be evaluated and treated by the professional person pending the hearing.
(4) A respondent may not be detained in a jail or other correctional facility pending a hearing or trial to determine whether the respondent should be committed to a mental health facility.
History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(5); amd. Sec. 2, Ch. 360, L. 1989; amd. Sec. 4, Ch. 312, L. 1991; amd. Sec. 2, Ch. 636, L. 1991; amd. Sec. 10, Ch. 342, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-125. Request for jury trial

53-21-125. Request for jury trial.
At any time prior to the date set for hearing, the respondent, through counsel, may request a jury trial, and upon the request, the time set for hearing must be vacated and the matter set on the court's jury calendar at the earliest date possible, the matter taking precedence over all other matters. If there is not a jury in attendance, a jury must be selected in the manner provided in 3-15-506 and a date must be set for trial by a jury within 7 days, exclusive of Saturdays, Sundays, and holidays.
History: En. 38-1305 by Sec. 5, Ch. 466, L. 1975; amd. Sec. 5, Ch. 546, L. 1977; R.C.M. 1947, 38-1305(part); amd. Sec. 1916, Ch. 56, L. 2009.