reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-183. Release conditioned on receipt of outpatient care

53-21-183. Release conditioned on receipt of outpatient care.
(1) When, in the opinion of the professional person in charge of a mental health facility providing involuntary treatment, the committed person can be appropriately served by outpatient care prior to the expiration of the period of commitment, then outpatient care may be required as a condition for early release for a period that, when added to the inpatient treatment period, except as provided in 53-21-198, may not exceed the period of commitment. If the mental health facility designated to provide outpatient care is other than the facility providing involuntary treatment, the designated outpatient facility shall agree in writing to assume the responsibility.
(2) The mental health facility designated to provide outpatient care or the professional person in charge of the patient's case may modify the conditions for continued release when the modification is in the best interest of the patient. This includes the authorization to transfer the patient to another mental health facility designated to provide outpatient care, if the transfer is in the best interest of the patient and the designated outpatient facility agrees in writing to assume responsibility. Notice of an intended transfer must be given to the professional person in charge of the mental health facility that provided the involuntary treatment.
(3) Notice in writing to the court that committed the patient for treatment and the county attorney who initiated the action must be provided by the professional person in charge of the patient at least 5 days prior to the patient's release from commitment or outpatient care. Failure to comply with the notice requirement may not delay the release of the patient from commitment or outpatient care.
(4) Sections 53-21-195 through 53-21-198 and this section do not apply to a temporary release, certified by the professional person in charge of the mental health facility, from the facility for the purposes of a home visit not exceeding 30 days.
History: En. 38-1308 by Sec. 8, Ch. 466, L. 1975; amd. Sec. 8, Ch. 546, L. 1977; R.C.M. 1947, 38-1308; amd. Sec. 14, Ch. 547, L. 1979; amd. Sec. 1, Ch. 541, L. 1985; amd. Sec. 1925, Ch. 56, L. 2009; amd. Sec. 3, Ch. 207, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-184. Patients for whom release and discharge provisions inapplicable

53-21-184. Patients for whom release and discharge provisions inapplicable.
The release and discharge provisions of this part shall not apply to any patient held upon an order of court or judge in a proceeding arising out of a criminal act.
History: En. Sec. 1, Ch. 145, L. 1941; R.C.M. 1947, 38-501.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-185. Care and treatment following release

53-21-185. Care and treatment following release.
The department and its agents have an affirmative duty to provide adequate transitional treatment and care for all patients released after a period of involuntary confinement. Transitional care and treatment possibilities include but are not limited to psychiatric day care, treatment in the home by a visiting therapist, nursing home or extended care, a halfway house, outpatient treatment, and treatment in the psychiatric ward of a general hospital.
History: En. 38-1326 by Sec. 26, Ch. 466, L. 1975; R.C.M. 1947, 38-1326.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-186. Support of patient conditionally released

53-21-186. Support of patient conditionally released.
When a mental health facility conditionally releases a patient committed to its care, it is not liable for the patient's support while conditionally released. Liability transfers to the legal guardian, parent, or person under whose care the patient is placed when conditionally released or to any other person legally liable for the patient's support. The local office of public assistance in the county where the patient resides or is found is responsible for providing relief and care for a conditionally released patient who is unable to be self-supporting or who is unable to secure support from the person under whose care the patient was placed on convalescent leave, like any other person in need of relief and care, under the public assistance laws.
History: En. Sec. 6, Ch. 145, L. 1941; amd. Sec. 1, Ch. 149, L. 1953; amd. Sec. 5, Ch. 152, L. 1957; amd. Sec. 32, Ch. 120, L. 1974; amd. Sec. 34, Ch. 466, L. 1975; amd. Sec. 3, Ch. 37, L. 1977; R.C.M. 1947, 38-506; amd. Sec. 111, Ch. 114, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-187. Clothing for patients discharged or conditionally released

53-21-187. Clothing for patients discharged or conditionally released.
A patient may not be discharged or conditionally released from a mental health facility without suitable clothing adapted to the season in which the patient is discharged.
History: En. Sec. 7, Ch. 145, L. 1941; amd. Sec. 6, Ch. 152, L. 1957; amd. Sec. 33, Ch. 120, L. 1974; amd. Sec. 35, Ch. 466, L. 1975; R.C.M. 1947, 38-507; amd. Sec. 1926, 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 › 53-21-188. Repealed

53-21-188. Repealed.
Sec. 7, Ch. 247, L. 1999.
History: En. Sec. 2, Ch. 165; L. 1943; amd. Sec. 24, Ch. 266, L. 1963; amd. Sec. 7, Ch. 120, L. 1974; amd. Sec. 32, Ch. 466, L. 1975; amd. Sec. 1, Ch. 37, L. 1977; R.C.M. 1947, 38-110; amd. Sec. 13, 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 › 53-21-189. Fact of evaluation or treatment not to be used for discrimination

53-21-189. Fact of evaluation or treatment not to be used for discrimination.
No person who has received evaluation or treatment under any of the provisions of this part may be discriminated against because of that status. For purposes of this section, "discrimination" means giving any unfavorable weight to the fact of hospitalization or outpatient care and treatment unrelated to a person's present capacity to meet standards applicable to all persons.
History: En. 38-1313 by Sec. 13, Ch. 466, L. 1975; amd. Sec. 11, Ch. 546, L. 1977; R.C.M. 1947, 38-1313(part).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-190. Fact of evaluation or treatment not to be used in subsequent court proceeding -- exception

53-21-190. Fact of evaluation or treatment not to be used in subsequent court proceeding -- exception.
The fact that a person has received evaluation and treatment, whether voluntarily or involuntarily, at a mental health facility may not be admitted into evidence in a subsequent proceeding for involuntary commitment or for the appointment of a guardian or conservator unless it is necessary to a determination of the present condition of the respondent or the prognosis for treatment in the present case and the judge determines that the need for the evidence outweighs the prejudicial effect of its admission.
History: En. 38-1313 by Sec. 13, Ch. 466, L. 1975; amd. Sec. 11, Ch. 546, L. 1977; R.C.M. 1947, 38-1313(part).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-193. Commitment to behavioral health inpatient facilities -- preference -- voluntary treatment

53-21-193. Commitment to behavioral health inpatient facilities -- preference -- voluntary treatment.
(1) If a respondent is committed to the state hospital under 53-21-127 or if a person in an emergency situation requires detention under 53-21-129 and a bed is available at a behavioral health inpatient facility, the professional person shall inform the county attorney who shall inform the person who is responsible for transporting the individual as to the appropriate facility to which the individual is to be transported for admission.
(2) If a respondent is committed to or an individual requires emergency detention in a behavioral health inpatient facility, the facility must be notified and the facility shall state that a bed is available and agree to accept transfer of the patient based on admission criteria before an individual may be transferred to the behavioral health inpatient facility under this section.
(3) A respondent who is committed to or an individual who is transferred to a behavioral health inpatient facility may be transferred to the state hospital for the remaining period of commitment in accordance with criteria established by the department by rule pursuant to 53-21-194. A court order for commitment or transfer must include the transfer authority, and all conditions contained in the court order apply after a transfer.
(4) The court may not order commitment of the respondent or transfer of an individual to a behavioral health inpatient facility under this part if a bed is not available or if the licensed capacity would be exceeded.
(5) If a bed is available, a behavioral health inpatient facility may admit a person for voluntary treatment.
History: En. Sec. 1, Ch. 513, L. 2003; amd. Sec. 3, Ch. 116, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-194. Department licensure of behavioral health inpatient facilities -- rulemaking authority -- transfer criteria

53-21-194. Department licensure of behavioral health inpatient facilities -- rulemaking authority -- transfer criteria.
(1) The department may license behavioral health inpatient facilities to provide inpatient psychiatric care to persons involuntarily committed or detained under this title or to persons seeking treatment voluntarily.
(2) The department shall adopt rules:
(a) governing the qualifications for licensure of behavioral health inpatient facilities; and
(b) establishing criteria pursuant to subsection (4) for admission to a behavioral health inpatient facility or transfer of a patient from a behavioral health inpatient facility to the state hospital.
(3) The rules for licensure must provide standards for the protection of the health and safety of persons committed to or detained in a behavioral health inpatient facility, including:
(a) requirements for medical stability;
(b) maximum length of stay;
(c) staffing levels and qualifications;
(d) building code classifications for occupancy; and
(e) security.
(4) The criteria for admission or transfer of an individual must reflect:
(a) individualized consideration of the patient's treatment needs and the safety of the public, including the prospects for the patient's successful transition to community care within the current period of commitment;
(b) the appropriateness of specialized programs or facilities at the state hospital; and
(c) the recommendations of the individual's treating professionals or state hospital staff.
(5) The department shall provide notice to the district courts and professional persons of the designation of any mental health facility as a behavioral health inpatient facility, the facility's capacity, and the criteria for admission and transfer.
History: En. Sec. 2, Ch. 513, L. 2003; amd. Sec. 4, Ch. 116, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-195. Rehospitalization of patient conditionally released from inpatient treatment facilities -- petition

53-21-195. Rehospitalization of patient conditionally released from inpatient treatment facilities -- petition.
(1) A proceeding for the rehospitalization of a patient conditionally released from an inpatient mental health facility pursuant to 53-21-182 or 53-21-183 is commenced by the filing of a written petition in any district court by the county attorney, the professional person in charge of the patient's case, or the patient's next of kin. Upon the filing of a petition under this subsection, the clerk of court shall notify each district court that committed the patient for the period of the patient's present hospitalization under 53-21-127 or 53-21-128 and request that the file of the earlier proceeding or proceedings be forwarded to the clerk. The file or files must be promptly forwarded.
(2) The patient has the rights set forth in 53-21-115 in a proceeding under this section.
(3) The petition must state:
(a) the patient's name and last-known address;
(b) the name and address of the patient's spouse, next of kin, attorney, or the friend of respondent appointed by the court, if any and if this information is reasonably ascertainable;
(c) that the patient has been determined by the district court to be suffering from a mental disorder and requiring commitment within the meaning of this part and is presently under a valid order of commitment pursuant to 53-21-127 or 53-21-128;
(d) a simple and precise statement of the facts showing that the patient has violated a condition of the release, that the violation has caused a deterioration of the patient's mental disorder, and that as a result of this deterioration, the patient can no longer be appropriately served by outpatient care; and
(e) a statement of the rights of the respondent, including those set forth in 53-21-115, which must be in conspicuous print and identified by a suitable heading.
(4) The petition must be filed with the clerk of court, who shall immediately notify the judge.
(5) The judge shall issue notice of the time and place of the hearing on the petition. The hearing must be held no more than 5 days after the date that the petition is filed, including weekends and holidays, unless the fifth day falls upon a weekend or holiday or unless additional time is requested by the patient. Further, the judge shall ensure that the notice and copy of the petition are immediately hand-delivered to the patient, to the patient's friend of respondent, if any, and to the patient's counsel.
History: En. Sec. 2, Ch. 541, L. 1985; amd. Sec. 32, 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 › 53-21-196. Detention of conditionally released patient pending hearing

53-21-196. Detention of conditionally released patient pending hearing.
The court may not order detention of the conditionally released patient pending the hearing, except as permitted under 53-21-124.
History: En. Sec. 3, Ch. 541, L. 1985.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 1. Treatment of the Seriously Mentally Ill › 53-21-197. Hearing on rehospitalization petition -- revocation of conditional release

53-21-197. Hearing on rehospitalization petition -- revocation of conditional release.
(1) The court may order that the patient's conditional release status be revoked and that the patient be returned to the mental health facility from which the patient was conditionally released or be sent to another appropriate inpatient mental health facility if, after a hearing, the court finds by clear and convincing evidence that:
(a) the conditionally released patient has been determined by the district court to be suffering from a mental disorder and requiring commitment and is presently under a valid order of commitment pursuant to 53-21-127 or 53-21-128; and
(b) the conditionally released patient has violated a condition of the release, that the violation has caused a deterioration of the patient's mental condition, and that as a result of this deterioration, the patient can no longer be appropriately served by outpatient care.
(2) A revocation of the patient's conditional release status under subsection (1) must be based on the testimony of the professional person responsible for the patient's case.
(3) If the court revokes the patient's conditional release status pursuant to subsection (1), a treatment plan must be updated or a new plan prepared for the patient as required by and within the time set forth in 53-21-162.
(4) Except as provided in 53-21-198, an order revoking the patient's conditional release status may not order hospitalization or impose other conditions of release that extend beyond the expiration date of the order committing the patient under 53-21-127 or 53-21-128.
History: En. Sec. 4, Ch. 541, L. 1985; amd. Sec. 33, 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 › 53-21-199. Option for diversion from involuntary commitment to Montana state hospital

53-21-199. Option for diversion from involuntary commitment to Montana state hospital.
(1) Subject to subsection (3), a person with a mental disorder who is detained under 53-21-120(4) may, upon meeting the requirements in 50-5-226(5), request diversion to a category D assisted living facility.
(2) If a court, after obtaining the results of an examination as provided in 53-21-123, finds that a short-term inpatient treatment is inappropriate for a person who otherwise is eligible for involuntary commitment to the Montana state hospital, the court may initiate the process necessary to determine eligibility for residency in a category D assisted living facility.
(3) For a person to be eligible for diversion from the Montana state hospital to a category D assisted living facility, a court determination and an examination under 53-21-123 must indicate that the person:
(a) is not suffering acute psychosis;
(b) is experiencing behavioral patterns that may make the person a danger to self or others;
(c) is dependent on assistance for two or more activities of daily living; and
(d) is more likely to benefit from being in a category D assisted living facility than in the Montana mental health nursing care center or the Montana state hospital.
History: En. Sec. 1, Ch. 402, L. 2017; Sec. 50-5-224, MCA 2019; redes. 53-21-199 by Code Commissioner, 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-201. Repealed

53-21-201. Repealed.
Secs. 16(2), 19(2), Ch. 602, L. 2003.
History: En. 80-2801 by Sec. 1, Ch. 509, L. 1975; R.C.M. 1947, 80-2801; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 312, L. 1991; amd. Sec. 168, Ch. 418, L. 1995; amd. Sec. 492, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-202. Repealed

53-21-202. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. 80-2802 by Sec. 2, Ch. 509, L. 1975; amd. Sec. 52, Ch. 37, L. 1977; R.C.M. 1947, 80-2802; amd. Sec. 19, Ch. 361, L. 1983; amd. Sec. 2, Ch. 312, L. 1991; amd. Sec. 12, Ch. 579, L. 1993; amd. Sec. 493, Ch. 546, L. 1995; amd. Sec. 15, Ch. 171, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-203. Repealed

53-21-203. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. 80-2803 by Sec. 3, Ch. 509, L. 1975; R.C.M. 1947, 80-2803; amd. Sec. 20, Ch. 361, L. 1983; amd. Sec. 1, Ch. 124, L. 1985.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-204. Repealed

53-21-204. Repealed.
Secs. 16(2), 19(2), Ch. 602, L. 2003.
History: En. 20-2804 by Sec. 4, Ch. 509, L. 1975; R.C.M. 1947, 80-2804; amd. Sec. 1, Ch. 29, L. 1987; amd. Sec. 1, Ch. 806, L. 1991; amd. Sec. 1, Ch. 37, L. 1993; amd. Sec. 169, Ch. 418, L. 1995; amd. Sec. 494, Ch. 546, L. 1995; amd. Sec. 43, Ch. 58, L. 1999; amd. Sec. 160, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-205. Repealed

53-21-205. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. 80-2805 by Sec. 5, Ch. 509, L. 1975; R.C.M. 1947, 80-2805.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-206. Repealed

53-21-206. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. 80-2806 by Sec. 6, Ch. 509, L. 1975; amd. Sec. 17, Ch. 38, L. 1977; R.C.M. 1947, 80-2806; amd. Sec. 11, Ch. 590, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-211. Repealed

53-21-211. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. Sec. 1, Ch. 619, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-212. Repealed

53-21-212. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. Sec. 2, Ch. 619, L. 1989; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 3, Ch. 312, L. 1991; amd. Sec. 170, Ch. 418, L. 1995; amd. Sec. 495, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-213. Repealed

53-21-213. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. Sec. 3, Ch. 619, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 2. Community Mental Health Centers (Repealed) › 53-21-214. Repealed

53-21-214. Repealed.
Sec. 16, Ch. 602, L. 2003.
History: En. Sec. 4, Ch. 619, L. 1989.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 3. Warm Springs State Hospital (Repealed) › 53-21-301. Repealed

53-21-301. Repealed.
Sec. 26, Ch. 361, L. 1983.
History: En. Sec. 67, Ch. 199, L. 1965; amd. Sec. 31, Ch. 320, L. 1967; amd. Sec. 3, Ch. 90, L. 1974; amd. Sec. 60, Ch. 120, L. 1974; R.C.M. 1947, 80-2401.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 3. Warm Springs State Hospital (Repealed) › 53-21-302. Repealed

53-21-302. Repealed.
Sec. 26, Ch. 361, L. 1983.
History: En. Sec. 68, Ch. 199, L. 1965; amd. Sec. 32, Ch. 320, L. 1967; amd. Sec. 62, Ch. 120, L. 1974; amd. Sec. 1, Ch. 338, L. 1974; amd. Sec. 1, Ch. 428, L. 1975; R.C.M. 1947, 80-2402.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-401. Legislative intent

53-21-401. Legislative intent.
(1) It is the intent of the legislature that geriatric patients at the Montana state hospital and geriatric residents of the state who may be at risk of commitment to the Montana state hospital and who do not need intensive psychiatric care receive care and treatment in nursing homes located in community settings.
(2) It is the further intent of the legislature that nursing homes providing such care and treatment be located regionally so that the residents may be near their homes and families.
(3) It is the further intent of the legislature that these nursing homes must be located in communities with:
(a) a labor pool large enough to ensure adequate and qualified staffing;
(b) sufficient medical facilities and medical professionals to provide necessary medical services; and
(c) if possible, an institution or institutions of higher learning with educational programs in disciplines with relevance to the problems of aging.
(4) It is the further intent of the legislature to:
(a) end the involuntary commitment of individuals who have a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury when those individuals meet only the commitment criteria outlined in 53-21-126(1)(a) or (1)(d)(i)(B); and
(b) develop, based on consultation and collaboration between providers and the department, services in the community for those individuals.
History: En. 80-2413 by Sec. 1, Ch. 523, L. 1975; R.C.M. 1947, 80-2413; amd. Sec. 21, Ch. 361, L. 1983; amd. Sec. 3, Ch. 777, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-402. Powers and duties of department of public health and human services

53-21-402. Powers and duties of department of public health and human services.
The department:
(1) shall contract with nonprofit corporations that demonstrate expertise in and the capability of providing rehabilitative and restorative programs for aged citizens for the operation and management of nursing homes established under this part;
(2) shall ensure that nursing homes established and operated under this part are in compliance with all applicable federal and state regulations;
(3) shall adopt rules for staffing requirements and the admission of patients;
(4) shall provide that first priority for admission to nursing homes established under this part be given to:
(a) Montana state hospital patients who are geriatric; and
(b) people with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury who:
(i) have been involuntarily committed to the Montana state hospital but no longer need the intensive treatment provided by the hospital; or
(ii) are substantially unable to provide for their basic needs of food, clothing, shelter, health, or safety;
(5) shall provide members of the transition review committee provided for in 53-21-404 with the information necessary to carry out the committee's duties;
(6) shall implement, in consultation and collaboration with the transition review committee, a plan to prepare for the end of involuntary commitment of many individuals with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury; and
(7) 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 under this part." (Subsections (5) and (6) terminate June 30, 2025--sec. 13, Ch. 777, L. 2023.)
History: En. 80-2414 by Sec. 4, Ch. 523, L. 1975; R.C.M. 1947, 80-2414; amd. Sec. 22, Ch. 361, L. 1983; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 496, Ch. 546, L. 1995; amd. Sec. 4, Ch. 777, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-403. Placement of individuals with Alzheimer's disease, other forms of dementia, or traumatic brain injury -- direction to department

53-21-403. Placement of individuals with Alzheimer's disease, other forms of dementia, or traumatic brain injury -- direction to department.
To accomplish the intent of 53-21-401(4), the legislature directs the department to:
(1) by June 30, 2025, develop and implement a plan to ensure the availability of community-based services for individuals with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury who might otherwise be at risk of involuntary commitment;
(2) collaborate with the transition review committee provided for in 53-21-404 to identify the community-based services needed to ensure that individuals with those diagnoses can be safely and effectively served in the community;
(3) transfer funds as authorized by 17-7-139, 53-21-406, and federal laws and regulations to develop the services needed in the community; and
(4) by June 30, 2025, transition out of the Montana state hospital and into community services the Montana state hospital patients whose primary diagnosis involves Alzheimer's disease, other forms of dementia, or traumatic brain injury and who meet only the commitment criteria of 53-21-126(1)(a) or (1)(d)(i)(B). As part of this transition, the legislature intends for the department to actively pursue the timely discharge of those Montana state hospital patients.
History: En. Sec. 5, Ch. 777, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-406. Certain transfers of funds authorized

53-21-406. Certain transfers of funds authorized.
Funds appropriated to the department for the operation of the Montana state hospital may be used for carrying out the purposes of 53-21-403 if:
(1) Montana state hospital patients are transferred to a community-based nursing home or other community setting that results in lower expenditures than allowed by legislative appropriation; and
(2) a transfer of appropriations between programs is:
(a) made as provided in 17-7-139; and
(b) approved by the governor.
History: En. Sec. 8, Ch. 777, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-407. Limitation on expenditures

53-21-407. Limitation on expenditures.
For the biennium beginning July 1, 2023, the department may spend up to $9 million a year to place individuals with a primary diagnosis of Alzheimer's disease, other forms of dementia, or traumatic brain injury in a community setting rather than at the Montana state hospital when those individuals meet only the commitment criteria of 53-21-126(1)(a) or (1)(d)(i)(B).
History: En. Sec. 9, Ch. 777, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-411. Location and function of Montana mental health nursing care center

53-21-411. Location and function of Montana mental health nursing care center.
(1) The institution located at Lewistown is the Montana mental health nursing care center. The primary function of the center is the care and treatment of persons with mental disorders who require nursing care. Priority must be given to patients referred from the Montana state hospital.
(2) Appropriate admissions to the Montana mental health nursing care center are persons who are unable to maintain themselves in their homes or communities due to a mental disorder, as defined in 53-21-102, but who do not require the intensity of treatment available at the Montana state hospital.
(3) The department of public health and human services may adopt rules concerning specific admission criteria, treatment, and discharge procedures consistent with 53-21-414 and subsections (1) and (2) of this section.
History: En. Sec. 71, Ch. 199, L. 1965; amd. Sec. 70, Ch. 120, L. 1974; amd. Sec. 36, Ch. 466, L. 1975; R.C.M. 1947, 80-2501; amd. Sec. 1, Ch. 231, L. 1983; (2)En. Sec. 3, Ch. 231, L. 1983; amd. Secs. 23, 27, Ch. 361, L. 1983; amd. Sec. 1, Ch. 243, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 3, Ch. 94, L. 1995; amd. Sec. 497, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-412. Repealed

53-21-412. Repealed.
Sec. 7, Ch. 94, L. 1995.
History: En. Sec. 72, Ch. 199, L. 1965; amd. Sec. 71, Ch. 120, L. 1974; R.C.M. 1947, 80-2502; amd. Sec. 24, Ch. 361, L. 1983; amd. Sec. 2, Ch. 243, L. 1985; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-413. Discharge and transfer of patients

53-21-413. Discharge and transfer of patients.
(1) The superintendent of the Montana mental health nursing care center may authorize the discharge of a patient residing at the center according to rules adopted by the department of public health and human services. Rules adopted by the department governing discharge from the center must be consistent with 53-21-111, 53-21-181, and 53-21-183.
(2) A patient in the center who requires the intensity of treatment available at the Montana state hospital may be transferred to the Montana state hospital if the patient is subject to an involuntary commitment. The department shall notify the patient, the patient's next of kin, and the mental disabilities board of visitors at least 15 days before the transfer. If a person or entity notified by the department objects to the transfer, the person or entity may petition the district court for a hearing to review whether the transfer is necessary and appropriate to meet the needs of the patient. The notice required by this subsection must include notification of the right to petition the district court pursuant to this subsection. Notice pursuant to this subsection does not preclude transfer pursuant to 53-21-130.
History: En. Sec. 73, Ch. 199, L. 1965; R.C.M. 1947, 80-2503; amd. Sec. 2, Ch. 231, L. 1983; amd. Sec. 3, Ch. 243, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 5, Ch. 94, L. 1995; amd. Sec. 499, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 4. Community-Based Nursing Homes Montana Mental Health Nursing Care Center › 53-21-414. Admissions to mental health nursing care center

53-21-414. Admissions to mental health nursing care center.
(1) The Montana mental health nursing care center may admit patients on a voluntary basis according to admission criteria and procedures established in administrative rules and by involuntary commitment pursuant to 53-21-127(3)(c).
(2) A patient involuntarily committed to the Montana state hospital may be transferred by the department of public health and human services to the Montana mental health nursing care center if the patient meets the admission criteria of the center. The department shall notify the patient, the patient's next of kin, and the mental disabilities board of visitors at least 15 days before the transfer. If a person or entity notified by the department objects to the transfer, the person or entity may petition the district court for a hearing to review whether the transfer is necessary and appropriate to meet the needs of the patient. The notice required by this subsection must include notification of the right to petition the district court pursuant to this subsection. Section 53-21-128 applies to extensions of involuntary commitment of patients to the center.
(3) Except as provided in 53-21-413(2) and subsection (2) of this section, patients involuntarily transferred to the center have the rights provided in this chapter.
History: En. Sec. 4, Ch. 94, L. 1995; amd. Sec. 3, Ch. 554, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 5. Youth Treatment › 53-21-501. Repealed

53-21-501. Repealed.
Sec. 15, Ch. 14, Sp. L. June 1986.
History: En. Sec. 1, Ch. 363, L. 1983; amd. Sec. 2, Ch. 612, L. 1985.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 5. Youth Treatment › 53-21-505. Repealed

53-21-505. Repealed.
Sec. 15, Ch. 14, Sp. L. June 1986.
History: En. Sec. 2, Ch. 363, L. 1983; amd. Sec. 3, Ch. 612, L. 1985.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 5. Youth Treatment › 53-21-506. No commitment to Montana state hospital

53-21-506. No commitment to Montana state hospital.
An individual who is under 18 years of age may not be voluntarily admitted or committed by a court to the Montana state hospital unless an information has been filed in district court pursuant to 41-5-206.
History: En. Sec. 3, Ch. 363, L. 1983; amd. Sec. 27, Ch. 361, L. 1983; amd. Sec. 4, Ch. 612, L. 1985; amd. Sec. 1, Ch. 549, L. 1987; amd. Sec. 71, Ch. 550, L. 1997.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 5. Youth Treatment › 53-21-508. Monitoring of children's mental health outcomes -- report

53-21-508. Monitoring of children's mental health outcomes -- report.
(1) Each September and March, the department shall measure factors, specific to a point in time, for children receiving targeted case management services in the state-funded children's mental health system to determine the effect of the services on the likelihood the children will remain at home, in school, and out of trouble.
(2) The department shall monitor the following factors to determine whether children receiving targeted case management services are able to remain at home:
(a) the number of children placed in out-of-home mental health treatment, including the level and type of care and whether the treatment is provided in state or out of state; and
(b) the number of children placed in a foster care setting, including kinship care, or a correctional setting.
(3) The department shall monitor the following factors related to the school success of a child receiving targeted case management services:
(a) the number of children enrolled in and attending school; and
(b) the number of children who advanced to the next grade level from the previous school year.
(4) The department shall monitor the following additional factors for children receiving targeted case management services:
(a) the number of children receiving treatment for substance use;
(b) the number of children screened for substance use disorders by the current case management provider;
(c) the number of children involved, formally or informally, with youth court; and
(d) the number of children in care or treatment related to suicide risk.
(5) The department shall report annually to the children, families, health, and human services interim committee in accordance with 5-11-210 on the information required under this section.
History: En. Sec. 1, Ch. 334, L. 2017; amd. Sec. 1, Ch. 385, L. 2019; amd. Sec. 93, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 6. Montana State Hospital › 53-21-601. Location and primary function of hospital

53-21-601. Location and primary function of hospital.
(1) The facility providing mental health care services at Warm Springs, Montana, is the Montana state hospital and as its primary function provides care and treatment of mentally ill persons.
(2) (a) The Montana state hospital is a mental health facility, as defined in 53-21-102, of the department of public health and human services for the care and treatment of mentally ill persons.
(b) The role of the Montana state hospital is to provide intensive inpatient psychiatric services, including those services necessary for transition to community care, as components in a comprehensive continuum of publicly and privately provided programs that emphasize treatment in the least restrictive environment.
(c) The mission of the Montana state hospital is to stabilize persons with severe mental illness and to return them to the community as soon as possible if adequate community-based support services are available.
(3) The department shall adopt rules to manage the state hospital patient population in a manner that will ensure emergency access to services, protect public and individual safety, provide active treatment, implement effective discharge planning, and ensure access to appropriate community-based services.
History: En. Sec. 17, Ch. 199, L. 1965; amd. Sec. 5, Ch. 320, L. 1967; amd. Sec. 1, Ch. 90, L. 1974; R.C.M. 1947, 80-1701; amd. Sec. 13, Ch. 361, L. 1983; Sec. 53-6-301, MCA 1989; redes. 53-21-601 by Code Commissioner, 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 67, L. 1993; amd. Sec. 13, Ch. 579, L. 1993; amd. Sec. 500, Ch. 546, L. 1995; amd. Sec. 6, Ch. 247, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 6. Montana State Hospital › 53-21-602. Repealed

53-21-602. Repealed.
Sec. 19, Ch. 579, L. 1993.
History: En. Sec. 19, Ch. 199, L. 1965; amd. Sec. 7, Ch. 320, L. 1967; R.C.M. 1947, 80-1703; amd. Sec. 15, Ch. 361, L. 1983; amd. Sec. 4, Ch. 151, L. 1985; Sec. 53-6-303, MCA 1989; redes. 53-21-602 by Code Commissioner, 1991; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 6. Montana State Hospital › 53-21-603. Chemical dependency treatment center

53-21-603. Chemical dependency treatment center.
(1) There is a Montana chemical dependency treatment center. The Montana chemical dependency treatment center is the approved public treatment facility as defined in 53-24-103.
(2) The Montana chemical dependency treatment center shall provide detoxification, evaluation, treatment, referral, and rehabilitation to persons in Montana who are referred for inpatient treatment of alcoholism or other chemical dependency.
History: En. Sec. 70, Ch. 199, L. 1965; amd. Sec. 33, Ch. 320, L. 1967; Sec. 80-2404, R.C.M. 1947; amd. and redes. 80-1705 by Sec. 2, Ch. 90, L. 1974; R.C.M. 1947, 80-1705; amd. Sec. 1, Ch. 284, L. 1981; amd. Sec. 16, Ch. 361, L. 1983; Sec. 53-6-304, MCA 1989; redes. 53-21-603 by Code Commissioner, 1991; amd. Sec. 14, Ch. 579, L. 1993; amd. Sec. 1, Ch. 165, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 7. Mental Health Managed Care › 53-21-703. Rulemaking authority

53-21-703. Rulemaking authority.
(1) The department shall adopt appropriate rules necessary for the administration of a program to provide mental health managed care services. The rules must establish eligibility criteria and may include but are not limited to financial standards and criteria for income and resources, treatment of resources, nonfinancial criteria, residency, application, termination, definition of terms, and confidentiality of applicant and recipient information.
(2) The department shall adopt rules establishing the amount, scope, and duration of services. The rules may also include but are not limited to ensuring that services are medically necessary and that the services are the most efficient and cost-effective available.
(3) The department may adopt rules establishing rates of reimbursement of services provided under this part, selection and qualification of providers, and standards for managed care.
(4) Rules adopted by the department must take into account, when appropriate, the availability of appropriated funds, the actual costs of services, the quality of services, the professional knowledge and skills necessary for the delivery of services, and the availability of services.
History: En. Sec. 8, Ch. 577, L. 1999.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 10. Service Area Authorities › 53-21-1001. Definitions

53-21-1001. Definitions.
As used in this part, the following definitions apply:
(1) "Community mental health center" means a licensed mental health center that provides comprehensive public mental health services in a multicounty region under contract with the department, counties, or one or more service area authorities.
(2) "Licensed mental health center" means an entity licensed by the department of public health and human services to provide mental health services and has the same meaning as mental health center as defined in 50-5-101.
(3) "Service area" means a region of the state as defined by the department by rule within which mental health services are administered.
(4) "Service area authority" means an entity, as provided for in 53-21-1006, that has incorporated to collaborate with the department for the planning and oversight of mental health services within a service area.
History: En. Secs. 1, 2, Ch. 602, L. 2003; amd. Sec. 2, Ch. 553, L. 2005; amd. Sec. 7, Ch. 481, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 10. Service Area Authorities › 53-21-1002. Duties of department

53-21-1002. Duties of department.
The department:
(1) shall take cognizance of matters affecting the mental health of the citizens of the state;
(2) shall initiate mental health care and treatment, prevention, and research as can best be accomplished by community-centered services. The department shall initiate and operate services in cooperation with local agencies, service area authorities, mental health professionals, and other entities providing services to persons with mental illness.
(3) shall specifically address:
(a) provider contracting;
(b) service planning;
(c) preadmission screening and discharge planning;
(d) quality management;
(e) utilization management and review;
(f) consumer and family education; and
(g) rights protection;
(4) shall collect and disseminate information relating to mental health;
(5) shall prepare and maintain a comprehensive plan to develop public mental health services in the state and to establish service areas;
(6) must receive from agencies of the United States and other state agencies, persons or groups of persons, associations, firms, or corporations grants of money, receipts from fees, gifts, supplies, materials, and contributions for the development of mental health services within the state;
(7) shall establish qualified provider certification standards by rule, which may include requirements for national accreditation for mental health programs that receive funds from the department;
(8) shall perform an annual review and evaluation of mental health needs and services within the state by region and evaluate the performance of programs that receive funds from the department for compliance with federal and state standards;
(9) shall coordinate state and community resources to ensure comprehensive delivery of services to children with emotional disturbances, as provided in Title 52, chapter 2, part 3; and
(10) shall coordinate the establishment of service area authorities, as provided in 53-21-1006, to collaborate with the department in the planning and oversight of mental health services in a service area.
History: En. Sec. 3, Ch. 602, L. 2003; amd. Sec. 3, Ch. 553, L. 2005; amd. Sec. 8, Ch. 81, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 21. Mentally Ill › Part 10. Service Area Authorities › 53-21-1007. Mental health services contracts

53-21-1007. Mental health services contracts.
(1) The department shall provide for public mental health services for the purposes of the prevention, diagnosis, and treatment of mental illness to the extent funded by the legislature.
(2) The department may administer the provision of services for prevention, diagnosis, and treatment of mental illness directly or indirectly through contract with other agencies of government, private or public agencies, private professional persons, hospitals, or licensed mental health centers.
(3) The department is directed to encourage and create incentives for the use of funding generated by local governments to provide mental health services to participate in federal cost-sharing programs.
(4) The department shall promote the rights of persons with mental illness who are eligible for services to have a choice among qualified providers of mental health services or support services that are administered or funded by the department.
(5) The department shall develop contracts to be bid competitively under the Montana Procurement Act for any service administered or funded by the department that will limit a client's choice of a provider of that service in order to ensure accountability and that necessary services are delivered in all areas of the state. The exception for human services as provided in 18-4-123(18) does not apply.
History: En. Sec. 5, Ch. 602, L. 2003; amd. Sec. 5, Ch. 553, L. 2005.