reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-121. Petition for involuntary treatment -- contents of

53-20-121. Petition for involuntary treatment -- contents of.
(1) A person who believes that there is a person who is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan may request the county attorney to file a petition alleging that the person is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan.
(2) The petition must contain:
(a) the name and address of the person requesting the petition and the person's interest in the case;
(b) the name and address of the respondent;
(c) the name and address of the parents or guardian of the respondent and of any other person believed to be legally responsible for the care, support, and maintenance of the respondent;
(d) the name and address of the respondent's next of kin, to the extent known;
(e) the name and address of any person who the county attorney believes might be willing and able to be appointed as a responsible person;
(f) a description of the relief requested, whether commitment to a residential facility or imposition of a community treatment plan; and
(g) a statement of the rights of the respondent and the respondent's parents or guardian that must be in conspicuous print and identified by a suitable heading.
(3) If the petition requests imposition of a community treatment plan, a copy of the proposed community treatment plan must be attached to the petition.
(4) The county attorney shall immediately mail a copy of the petition to the residential facility screening team, the respondent's parents or guardian, if any, and the respondent's counsel. The county attorney shall ensure that the petition is promptly hand-delivered to the respondent.
History: En. 38-1205 by Sec. 5, Ch. 468, L. 1975; amd. Sec. 5, Ch. 37, L. 1977; R.C.M. 1947, 38-1205(1), (2); amd. Sec. 9, Ch. 381, L. 1991; amd. Sec. 10, Ch. 255, L. 1995; amd. Sec. 5, Ch. 252, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-122. Repealed

53-20-122. Repealed.
Sec. 25, Ch. 381, L. 1991.
History: En. 38-1205 by Sec. 5, Ch. 468, L. 1975; amd. Sec. 5, Ch. 37, L. 1977; R.C.M. 1947, 38-1205(3), (4).
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-123. Repealed

53-20-123. Repealed.
Sec. 25, Ch. 381, L. 1991.
History: En. 38-1206 by Sec. 6, Ch. 468, L. 1975; amd. Sec. 6, Ch. 37, L. 1977; R.C.M. 1947, 38-1206; amd. Sec. 3, Ch. 485, L. 1979; amd. Sec. 1, Ch. 262, L. 1991.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-124. Repealed

53-20-124. Repealed.
Sec. 25, Ch. 381, L. 1991.
History: En. 38-1207 by Sec. 7, Ch. 468, L. 1975; R.C.M. 1947, 38-1207; amd. Sec. 2, Ch. 417, L. 1987.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-126. Maximum period of commitment or treatment plan

53-20-126. Maximum period of commitment or treatment plan.
The court order approving the commitment to a residential facility or the imposition of the community treatment plan must specify the maximum period of time for which the person is committed or for which a community treatment plan is imposed. Except as provided in 53-20-602 for an individual committed to the intensive behavior center, the maximum period may not exceed 90 days for commitment to a residential facility or 1 year for the imposition of a community treatment plan.
History: En. 38-1209 by Sec. 9, Ch. 468, L. 1975; amd. Sec. 3, Ch. 568, L. 1977; R.C.M. 1947, 38-1209(1), (2); amd. Sec. 12, Ch. 255, L. 1995; amd. Sec. 7, Ch. 252, L. 2007; amd. Sec. 1, Ch. 373, L. 2015; amd. Sec. 5, Ch. 258, L. 2017.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-128. Recommitment -- extension of community treatment plan

53-20-128. Recommitment -- extension of community treatment plan.
(1) The qualified intellectual disability professional responsible for a resident's habilitation or the case manager responsible for habilitation of a person under a community treatment plan may request that the county attorney file a petition for recommitment or extension of the order imposing the community treatment plan.
(2) A petition for recommitment or extension must be filed with the district court before the end of the current period of commitment or the expiration of the order imposing the current community treatment plan.
(3) A petition for recommitment or extension of a community treatment plan must be accompanied by a written report containing the recommendation of the qualified intellectual disability professional or case manager and a summary of the current habilitation plan or community treatment plan for the respondent.
(4) The petition must be reviewed in accordance with 53-20-133 by the residential facility screening team.
(5) Copies of the petition for recommitment and the report of the qualified intellectual disability professional or case manager must be sent to:
(a) the court that issued the current order;
(b) the residential facility screening team;
(c) the resident;
(d) the resident's parents or guardian or next of kin, if any;
(e) the attorney who most recently represented the resident, if any;
(f) the responsible person appointed by the court, if any; and
(g) the resident's advocate, if any.
(6) The provisions of 53-20-125 apply to a petition for recommitment or extension of an order imposing a community treatment plan.
(7) If either the court or the residential facility screening team finds that the respondent has been placed voluntarily in community-based services or that the need for developmental disabilities services no longer exists, the court shall dismiss the petition.
(8) The court may not order recommitment to a residential facility that does not have an individualized habilitation plan for the resident.
(9) The court may not extend an order imposing a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions set forth in 53-20-133(4)(c) and (4)(d).
History: En. 38-1209 by Sec. 9, Ch. 468, L. 1975; amd. Sec. 3, Ch. 568, L. 1977; R.C.M. 1947, 38-1209(4), (5); amd. Sec. 4, Ch. 417, L. 1987; amd. Sec. 12, Ch. 381, L. 1991; amd. Sec. 14, Ch. 255, L. 1995; amd. Sec. 471, Ch. 546, L. 1995; amd. Sec. 8, Ch. 252, L. 2007; amd. Sec. 90, Ch. 2, L. 2009; amd. Sec. 12, Ch. 68, L. 2013.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-130. Patient transfers from mental health facilities

53-20-130. Patient transfers from mental health facilities.
If a person is a patient in a mental health facility and the professional person, as defined in 53-21-102, in charge of the patient determines that the patient is suffering from a developmental disability rather than mental illness and should more properly be committed to a residential facility or an appropriate less restrictive alternative, the professional person shall commence proceedings to effect a commitment, consistent with the procedures set forth in this part for commitments generally.
History: En. 38-1233 by Sec. 33, Ch. 468, L. 1975; R.C.M. 1947, 38-1233; amd. Sec. 4, Ch. 485, L. 1979; amd. Sec. 16, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-131. Placement in nonstate facility

53-20-131. Placement in nonstate facility.
(1) Consistent with other provisions of this part, a person admitted to a residential facility under this part for a period of more than 30 days may be committed by the court to the custody of friends or next of kin residing outside the state or transferred to an out-of-state facility for the habilitation of persons who are persons with developmental disabilities if the out-of-state facility agrees to receive the person. The commitment or transfer may not be for a longer period of time than is permitted within Montana. If the person is indigent, the expense of supporting the person in an out-of-state facility and the expense of transportation must be borne by the state of Montana.
(2) The transfer of persons admitted to a residential facility outside of Montana under the provisions of this part or into Montana under the laws of another jurisdiction must be governed by the provisions of the Interstate Compact on Mental Health.
History: En. 38-1218 by Sec. 18, Ch. 468, L. 1975; R.C.M. 1947, 38-1218; amd. Sec. 6, Ch. 151, L. 1985; amd. Sec. 14, Ch. 381, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1907, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-132. Court-ordered placement in community-based services prohibited except through statutory process

53-20-132. Court-ordered placement in community-based services prohibited except through statutory process.
This part may not be construed as authorizing the placement of and delivery of services to persons with developmental disabilities in community-based services by court order, except by imposing a community treatment plan pursuant to this part. Placement of persons in voluntary community-based services is governed by 53-20-209.
History: En. Sec. 1, Ch. 417, L. 1987; amd. Sec. 15, Ch. 381, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 10, Ch. 252, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-133. Residential facility screening team -- referral by court -- membership -- rules

53-20-133. Residential facility screening team -- referral by court -- membership -- rules.
(1) When the district court receives a petition for commitment to a residential facility or for imposition of a community treatment plan under this part, the court, prior to proceeding, shall refer the respondent to the residential facility screening team for screening to determine whether commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.
(2) A court may not commit a respondent to a residential facility or impose a community treatment plan under 53-20-125, 53-20-128, or 53-20-129 unless the residential facility screening team determines that commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.
(3) The residential facility screening team may not determine that commitment to a residential facility or imposition of a community treatment plan is appropriate on an extended basis unless the residential facility screening team determines that the respondent is seriously developmentally disabled.
(4) The residential facility screening team may not recommend imposition of a community treatment plan unless it finds that the proposed plan:
(a) provides adequate assurances of safety from the consequences of the behaviors of the respondent for both the respondent and the community;
(b) provides effective habilitation services for the respondent's developmental disability;
(c) is funded from public or private sources that are identified, committed, and available to pay for all of the proposed services to the respondent; and
(d) ensures services from identified, qualified providers that are committed and available to provide all of the proposed services to the respondent.
(5) For purposes of this part, the department of public health and human services shall adopt rules providing for the membership and terms of the members of the residential facility screening team and setting forth the criteria and procedures to govern the determinations made by the residential facility screening team.
History: En. Sec. 1, Ch. 381, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 17, Ch. 255, L. 1995; amd. Sec. 472, Ch. 546, L. 1995; amd. Sec. 11, Ch. 252, L. 2007; amd. Sec. 91, Ch. 2, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-134. Court records to be kept separate -- sealed -- names omitted

53-20-134. Court records to be kept separate -- sealed -- names omitted.
Records and papers in proceedings under this part must be maintained separately by each clerk of court. Five days prior to the release of a respondent or resident committed to a residential facility, the facility shall notify the appropriate clerk of court, and the clerk shall immediately seal the record in the case and omit the name of the respondent or resident from the index or indexes of cases in the court unless the court orders the record opened for good cause shown.
History: En. Sec. 1, Ch. 263, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-140. Amendment to commitment order or treatment plan -- emergency amendment

53-20-140. Amendment to commitment order or treatment plan -- emergency amendment.
(1) A community treatment plan ordered pursuant to 53-20-125 or 53-20-128 may be amended with the consensus of the respondent's individual treatment planning team, including the respondent, without further order of the court. The amended plan must meet the conditions set forth in 53-20-133(4).
(2) An order of commitment to a residential facility may be amended to an order imposing a community treatment plan with the consensus of the respondent's individual treatment planning team, including the respondent, and the court shall issue an order imposing the agreed-upon community treatment plan. The community treatment plan must meet the conditions set forth in 53-20-133(4).
(3) Any party may request amendment of a commitment ordered or a community treatment plan imposed under 53-20-125 or 53-20-128 by bringing the matter to the attention of the respondent's individual treatment planning team. If consensus is not reached, any party may request a hearing on a proposed amendment. The court shall request an evaluation of any proposed amendment by the residential facility screening team prior to the hearing.
(4) After a hearing or upon the agreement of the parties on an amendment of a commitment or an order imposing a community treatment plan, the court may make any order which is authorized in 53-20-125, including:
(a) adding, removing, or modifying conditions of a community treatment plan;
(b) substituting commitment to a residential facility for a community treatment plan; or
(c) substituting imposition of a community treatment plan for commitment to a residential facility.
(5) Any community treatment plan imposed as a result of a request for amendment must meet the conditions set forth in 53-20-133(4). The court may not impose a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions of 53-20-133(4)(c) and (4)(d).
(6) If the court finds probable cause to believe that the respondent or others are in imminent risk of death or serious bodily injury, as defined in 45-2-101, the court may order a temporary amendment to a community treatment plan, for a period of up to 7 calendar days, without notice to the respondent. A hearing must be scheduled within the 7-day period of the temporary amendment. Any temporarily amended community treatment plan must meet the conditions set forth in 53-20-133(4). The court may not amend a community treatment plan for an extended period unless the residential facility screening team certifies that all services in the proposed amended plan meet the conditions of 53-20-133(4)(c) and (4)(d). The court may not order emergency commitment to a residential facility except through the process set forth in 53-20-129.
History: En. Sec. 12, Ch. 252, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-141. Denial of legal rights

53-20-141. Denial of legal rights.
(1) Unless specifically stated in an order by the court, a person committed to a residential facility or for whom a community treatment plan has been imposed for an extended course of habilitation does not forfeit any legal right or suffer any legal disability by reason of the provisions of this part, except to the extent that it may be necessary to detain the person for habilitation, evaluation, or care.
(2) Whenever a person is admitted to a residential facility or a community treatment plan is imposed for the person for a period of more than 30 days, the court ordering the commitment or imposing the community treatment plan may make an order stating specifically any legal rights that are denied and any legal disabilities that are imposed on the respondent. As part of its order, the court may appoint a person to act as conservator of the respondent's property. Any conservatorship created pursuant to this section terminates upon the conclusion of the commitment or expiration of the order imposing the community treatment plan if not previously terminated by the court. A conservatorship or guardianship extending beyond the period of the commitment or order imposing a community treatment plan may not be created except according to the procedures set forth under Montana law for the appointment of conservators and guardians generally.
(3) A person who has been committed to a residential facility or for whom a community treatment plan has been imposed pursuant to this part is, upon the termination of the commitment or expiration of the order imposing the community treatment plan, automatically restored to all of the person's civil and legal rights that may have been lost when the person was committed or the community treatment plan was imposed. However, this subsection does not affect any guardianship or conservatorship created independently of the proceedings according to the provisions of Montana law relating to the appointment of conservators and guardians generally. Upon termination of any commitment or order imposing a community treatment plan under this part, the qualified intellectual disability professional or case manager in charge of the person's care shall give the person a written statement setting forth the substance of this subsection.
History: En. 38-1217 by Sec. 17, Ch. 468, L. 1975; R.C.M. 1947, 38-1217; amd. Sec. 16, Ch. 381, L. 1991; amd. Sec. 13, Ch. 252, L. 2007; amd. Sec. 13, Ch. 68, L. 2013.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-143. Right not to be fingerprinted

53-20-143. Right not to be fingerprinted.
No person admitted to or in a residential facility shall be fingerprinted unless required by other provisions of law.
History: En. 38-1219 by Sec. 19, Ch. 468, L. 1975; R.C.M. 1947, 38-1219.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-144. Rights concerning photographs

53-20-144. Rights concerning photographs.
(1) A person admitted to a residential facility may be photographed upon admission for identification, medical, habilitative, and administrative purposes of the facility. Such photographs shall be confidential and shall not be released by the facility except pursuant to court order.
(2) No other nonmedical or nonhabilitative photographs shall be taken or used without consent of the resident's parents or guardian or the responsible person appointed by the court.
History: En. 38-1220 by Sec. 20, Ch. 468, L. 1975; R.C.M. 1947, 38-1220; amd. Sec. 6, Ch. 485, L. 1979.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-145. Right to be free from unnecessary or excessive medication

53-20-145. Right to be free from unnecessary or excessive medication.
Residents have a right to be free from unnecessary or excessive medication. Medication may not be administered unless at the written order of a physician. The individual treatment planning team and the attending physician are responsible for all medication given or administered to a resident. The use of medication may not exceed standards of use that are advocated by the United States food and drug administration. Notation of each individual's medication must be kept in the individual's medical records. A pharmacist or a registered nurse shall review monthly the record of each resident on medication for potential adverse reactions, allergies, interactions, contraindications, rationality, and laboratory test modifications and shall advise the physician of any problems. Medications must be reviewed quarterly by the attending or staff physician. At least monthly, an attending physician shall review the drug regimen of each patient on psychotropic medication. All prescriptions must be written with a termination date that may not exceed 90 days. Medication for newly admitted residents must be reviewed and reordered as necessary upon admission and then every 30 days for the first 90 days. Medications may not be used as punishment, for the convenience of staff, as a substitute for a habilitation program, or in quantities that interfere with the resident's treatment program. This section may not be interpreted to relieve a physician or other professional or medical staff person from any obligation to adequately monitor the medication of a resident, with due consideration to the nature of the medication, the purpose for which it is given, and the condition of the resident.
History: En. 38-1226 by Sec. 26, Ch. 468, L. 1975; R.C.M. 1947, 38-1226; amd. Sec. 7, Ch. 485, L. 1979; amd. Sec. 18, Ch. 381, L. 1991; amd. Sec. 1908, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-147. Right not to be subjected to experimental research

53-20-147. Right not to be subjected to experimental research.
(1) Residents of a residential facility have a right not to be subjected to experimental research without the express and informed consent of the resident, if the resident is able to give consent, and of the resident's parents or guardian or the responsible person appointed by the court after opportunities for consultation with independent specialists and with legal counsel.
(2) The proposed research must have been reviewed and approved by the mental disabilities board of visitors before consent may be sought. Prior to approval, the board shall determine that the research complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services for projects supported by that agency.
History: En. 38-1228 by Sec. 28, Ch. 468, L. 1975; R.C.M. 1947, 38-1228; amd. Sec. 71, Ch. 10, L. 1993.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-162. Training for resident care workers

53-20-162. Training for resident care workers.
All resident care workers who have not had prior clinical experience in a residential facility for habilitation of persons with developmental disabilities must be given suitable orientation training. Staff members on all levels must be given suitable, regularly scheduled inservice training. Each resident care worker shall receive supervision that emphasizes the protection of residents and their rights.
History: En. 38-1224 by Sec. 24, Ch. 468, L. 1975; R.C.M. 1947, 38-1224; amd. Sec. 22, Ch. 381, L. 1991; amd. Sec. 21, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-165. Clothing for residents discharged or conditionally released

53-20-165. Clothing for residents discharged or conditionally released.
A resident may not be discharged or conditionally released from a residential facility for persons with developmental disabilities without suitable reasonable clothing that will allow the resident to make a normal appearance in the community.
History: En. Sec. 12, Ch. 485, L. 1979; amd. Sec. 21, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-172. Dual eligibility for services

53-20-172. Dual eligibility for services.
An individual with developmental disabilities who is eligible for services pursuant to this chapter may also apply for and, if qualified, receive medicaid services pursuant to law governing the Montana medicaid program.
History: En. Sec. 2, Ch. 374, L. 2007.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-173. Autism facilities grant -- purpose -- eligibility -- rulemaking

53-20-173. Autism facilities grant -- purpose -- eligibility -- rulemaking.
(1) There is an autism facilities grant program administered by the department of public health and human services for the purpose of providing grants for the construction of autism facilities designed and equipped to provide services to individuals with autism spectrum disorders.
(2) To be eligible for a grant from the department, a nonprofit or government entity shall:
(a) match each $1 of the grant with $1 raised from public or private sources; and
(b) provide the department with plans for the construction and development of autism facilities in the state.
(3) The department shall adopt rules for administration of the grant program.
(4) For the purposes of this section, "autism facility" is a facility in the state that provides services to children or adults, or both, with autism spectrum disorder, including but not limited to housing, therapy, and other support services.
History: En. Sec. 1, Ch. 748, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 1. Treatment › 53-20-174. Autism facilities special revenue account

53-20-174. Autism facilities special revenue account.
(1) There is an autism facilities account in the state special revenue fund established in 17-2-102 to the credit of the department of public health and human services.
(2) The purpose of the account is to provide funding for autism facilities grants awarded in accordance with 53-20-173.
(3) The account consists of
(a) money appropriated to or transferred into the account by the legislature;
(b) any funds available through and identified by the department for the autism facilities grant program; and
(c) gifts, grants, or donations made for the purposes of 53-20-173.
History: En. Sec. 2, Ch. 748, L. 2023.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-201. Short title

53-20-201. Short title.
This part shall be known and may be cited as the "Montana Developmental Disabilities Services and Facilities Act of 1974".
History: En. 80-2611 by Sec. 1, Ch. 325, L. 1974; redes. 71-2401 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2401.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-202. Definitions

53-20-202. Definitions.
As used in this part, the following definitions apply:
(1) "Comprehensive developmental disability system" means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:
(a) evaluation services;
(b) diagnostic services;
(c) treatment services;
(d) day-care services;
(e) training services;
(f) education services;
(g) employment services;
(h) recreation services;
(i) personal-care services;
(j) domiciliary-care services;
(k) special living arrangements services;
(l) counseling services;
(m) information and referral services;
(n) follow-along services;
(o) protective and other social and sociolegal services, including case management services as defined in 42 CFR 440.169; and
(p) transportation services.
(2) "Department" means the department of public health and human services.
(3) "Developmental disabilities" means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability.
(4) "Developmental disabilities facility" means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis.
(5) "Legal resident" means a person who maintains Montana as the person's principal establishment, home of record, or permanent home and where, whenever absent due to military obligation, the person intends to return.
(6) "Military dependent" means a child of a military service member.
(7) "Military service" means service in the armed forces or armed forces reserves or membership in the Montana national guard.
(8) "Military service member" means a person who is currently in military service or who has separated from military service in the previous 18 months either through retirement or military separation.
History: En. 80-2612 by Sec. 2, Ch. 325, L. 1974; R.C.M. 1947, 80-2612; amd. and redes. 71-2402 by Sec. 1, Ch. 239, L. 1975; amd. Sec. 1, Ch. 559, L. 1977; R.C.M. 1947, 71-2402; amd. Sec. 113, Ch. 370, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 475, Ch. 546, L. 1995; amd. Sec. 70, Ch. 472, L. 1997; amd. Sec. 3, Ch. 78, L. 2005; amd. Sec. 19, Ch. 68, L. 2013; amd. Sec. 2, Ch. 451, L. 2015; amd. Sec. 1, Ch. 394, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-203. Responsibilities of department

53-20-203. Responsibilities of department.
The department shall:
(1) take cognizance of matters affecting the citizens of the state who are persons with developmental disabilities;
(2) initiate a preventive developmental disabilities program that must include but not be limited to the implementation of developmental disabilities care, treatment, prevention, and research as can best be accomplished by community-centered services. Every means must be used to initiate and operate the service program in cooperation with local agencies under the provisions of 53-20-205.
(3) collect and disseminate information relating to developmental disabilities;
(4) prepare an annual comprehensive plan for the initiation and maintenance of developmental disabilities services in the state. The services must include but not be limited to community comprehensive developmental disabilities services as listed in 53-20-202(1).
(5) provide by rule for the evaluation of:
(a) persons who apply for services;
(b) persons admitted into a program at a developmental disability facility; and
(c) persons residing at or released from the Montana developmental center into a community home, in accordance with the requirements established in 53-20-225;
(6) carry out the review of administrative rules, policies, and procedures provided for in 53-20-215 and take the steps necessary to eliminate or change a rule, policy, or procedure found by the review to be unnecessary, duplicative, or in need of revision, including applying for any amendments to medicaid waivers;
(7) receive from agencies of the government of the United States and other agencies, persons or groups of persons, associations, firms, or corporations grants of money, receipts from fees, gifts, supplies, materials, and contributions to initiate and maintain developmental disabilities services within the state;
(8) require that habilitation plans be developed, implemented, and continuously maintained for all persons with developmental disabilities who are served through a community-based program funded by the state; and
(9) use funds available for cases in which special medical or material assistance is necessary to rehabilitate children with developmental disabilities or children with physical disabilities if the assistance is not otherwise provided for by law.
History: En. 80-2613 by Sec. 3, Ch. 325, L. 1974; R.C.M. 1947, 80-2613; amd. and redes. 71-2403 by Sec. 2, Ch. 239, L. 1975; amd. Sec. 2, Ch. 559, L. 1977; R.C.M. 1947, 71-2403; amd. Sec. 1, Ch. 414, L. 1979; amd. Sec. 1, Ch. 426, L. 1987; amd. Sec. 93, Ch. 609, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 13, Ch. 171, L. 1997; amd. Sec. 71, Ch. 472, L. 1997; amd. Sec. 4, Ch. 78, L. 2005; amd. Sec. 3, Ch. 265, L. 2017; amd. Sec. 2, Ch. 246, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-204. Rules

53-20-204. Rules.
(1) The department may adopt rules necessary for the proper administration of this part, including but not limited to:
(a) the training and other standards necessary to provide crisis support services as allowed under 53-20-216; and
(b) the reimbursement rates for crisis support services provided pursuant to 53-20-216.
(2) The department shall adopt rules in cooperation with the board of nursing under which a properly trained staff member of a facility providing services to persons with developmental disabilities under this part may assist and supervise a client of the facility in taking medication if the medication is usually self-administered and if a physician has prescribed the assistance.
History: En. 80-2614 by Sec. 4, Ch. 325, L. 1974; R.C.M. 1947, 80-2614; amd. and redes. 71-2404 by Sec. 3, Ch. 239, L. 1975; amd. Sec. 41, Ch. 37, L. 1977; amd. Sec. 3, Ch. 559, L. 1977; R.C.M. 1947, 71-2404(1), (4); amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 2, Ch. 577, L. 2021.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-205. Community services

53-20-205. Community services.
(1) The department may establish and administer community comprehensive services, programs, clinics, or other facilities throughout the state for the purpose of aiding in the prevention, diagnosis, amelioration, or treatment of developmental disabilities. Programs, clinics, or other services may be provided directly by state agencies or indirectly through contract or cooperative arrangements with other agencies of government, regional or local, private or public agencies, private professional persons, or accredited health or long-term care facilities.
(2) (a) The department may contract for programs for developmental disabilities services. Contracts entered into by the department must contain specific conditions for performance by the contractor. The department shall set minimum standards for programs and establish appropriate qualifications for persons employed in the programs.
(b) A contract for case management services targeted for people with developmental disabilities must include funding to allow for an average caseload of no more than 35 clients per case manager.
(3) All developmental disabilities facilities and services must comply with existing federal guidelines and with requirements that will enable the services and facilities to qualify for available aid funds. However, this section does not require facilities serving persons with developmental disabilities to meet the same or equal standards as licensed medical facilities unless the developmental disabilities facility is providing professional or skilled medical care.
(4) Comprehensive services, programs, clinics, or other facilities established or provided by the department under this part must conform as nearly as possible to the plans of the council created under 2-15-1869.
(5) The department may promote scientific and medical research investigations relative to the incidence, cause, prevention, and care of persons with developmental disabilities.
History: (1), (4)En. 80-2615 by Sec. 5, Ch. 325, L. 1974; R.C.M. 1947, 80-2615; amd. and redes. 71-2405 by Sec. 4, Ch. 239, L. 1975; amd. Sec. 42, Ch. 37, L. 1977; Sec. 71-2405, R.C.M. 1947; (2), (3)En. 80-2614 by Sec. 4, Ch. 325, L. 1974; R.C.M. 1947, 80-2614; amd. and redes. 71-2404 by Sec. 3, Ch. 239, L. 1975; amd. Sec. 41, Ch. 37, L. 1977; amd. Sec. 3, Ch. 559, L. 1977; Sec. 71-2404, R.C.M. 1947; R.C.M. 1947, 71-2404(2), (3), 71-2405; amd. Sec. 13, Ch. 38, L. 1979; (5)En. Sec. 2, Ch. 414, L. 1979; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 14, Ch. 171, L. 1997; amd. Sec. 5, Ch. 78, L. 2005; amd. Sec. 2, Ch. 394, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-206. Repealed

53-20-206. Repealed.
Sec. 6, Ch. 78, L. 2005.
History: En. 71-2406 by Sec. 5, Ch. 239, L. 1975; amd. Sec. 4, Ch. 559, L. 1977; R.C.M. 1947, 71-2406(4) thru (9); amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 3, Ch. 478, L. 2003.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-207. Repealed

53-20-207. Repealed.
Sec. 16, Ch. 171, L. 1997.
History: En. 71-2407 by Sec. 6, Ch. 239, L. 1975; amd. Sec. 5, Ch. 559, L. 1977; R.C.M. 1947, 71-2407; amd. Sec. 3, Ch. 414, L. 1979; amd. Sec. 21, Ch. 255, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-208. Contributions of counties and municipalities

53-20-208. Contributions of counties and municipalities.
(1) The boards of county commissioners of the several counties and the governing bodies of municipalities of this state may contribute to any developmental disabilities facility approved by the department, without regard to whether the facility is within or outside of their respective jurisdictions. Subject to 15-10-420, the boards of county commissioners of the counties may levy a tax on the taxable value of all taxable property within the county. The tax is in addition to all other county tax levies. All proceeds of the tax, if levied, must be used for the sole purpose of support of developmental disabilities services.
(2) For the purpose of carrying out the provisions of this section, boards of county commissioners and governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities.
History: En. 80-2619 by Sec. 9, Ch. 325, L. 1974; Sec. 80-2619, R.C.M. 1947; amd. and redes. 71-2408 by Sec. 7, Ch. 239, L. 1975; R.C.M. 1947, 71-2408; amd. Sec. 131, Ch. 584, L. 1999; amd. Sec. 159, Ch. 574, L. 2001.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-209. Eligibility for services

53-20-209. Eligibility for services.
(1) A person suspected of having a developmental disability is eligible for an evaluation to determine whether the person is a person with developmental disabilities.
(2) If the department determines through a screening process that a person with developmental disabilities is in need of available services and those services can be provided to the person, the department may provide services available under Title 53, chapter 20, part 3, and this part.
History: En. 80-2621 by Sec. 11, Ch. 325, L. 1974; Sec. 80-2621, R.C.M. 1947; redes. 71-2409 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2409; amd. Sec. 1, Ch. 245, L. 1985; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1910, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-210. Application to reservation Indians

53-20-210. Application to reservation Indians.
For purposes of this part, Indian people living within federal Indian reservations shall be entitled to all services provided for under this part.
History: En. 80-2622 by Sec. 12, Ch. 325, L. 1974; Sec. 80-2622, R.C.M. 1947; redes. 71-2410 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2410.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-211. No effect on existing facilities

53-20-211. No effect on existing facilities.
Nothing in this part shall be construed to prevent the continuation of existing developmental disabilities facilities or services in the state.
History: En. 80-2623 by Sec. 13, Ch. 325, L. 1974; Sec. 80-2623, R.C.M. 1947; redes. 71-2411 by Sec. 10, Ch. 239, L. 1975; R.C.M. 1947, 71-2411.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-212. Discrimination forbidden

53-20-212. Discrimination forbidden.
The services provided under this part shall be made available without discrimination on the basis of race, color, creed, religion, or ability to pay and shall comply with the provisions of Title VI of the federal Civil Rights Act of 1964.
History: En. 80-2624 by Sec. 14, Ch. 325, L. 1974; Sec. 80-2624, R.C.M. 1947; redes. 71-2412 by Sec. 10, Ch. 239, L. 1975; amd. Sec. 16, Ch. 38, L. 1977; R.C.M. 1947, 71-2412.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-213. Departments to cooperate

53-20-213. Departments to cooperate.
The department of public health and human services and the office of superintendent of public instruction shall cooperate on all aspects of each agency's respective programs for persons with developmental disabilities.
History: En. 71-2414 by Sec. 8, Ch. 239, L. 1975; amd. Sec. 6, Ch. 559, L. 1977; R.C.M. 1947, 71-2414(1); amd. Sec. 94, Ch. 609, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 163, Ch. 418, L. 1995; amd. Sec. 476, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-214. Certain transfers of funds authorized

53-20-214. Certain transfers of funds authorized.
Funds appropriated to the Montana state hospital or Montana developmental center may be used for comprehensive developmental disability systems if:
(1) residents of any of those institutions are transferred to a comprehensive developmental disability system resulting in less expenditures at that institution 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. 71-2414 by Sec. 8, Ch. 239, L. 1975; amd. Sec. 6, Ch. 559, L. 1977; R.C.M. 1947, 71-2414(2); amd. Sec. 17, Ch. 361, L. 1983; amd. Sec. 7, Ch. 151, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 477, Ch. 546, L. 1995; amd. Sec. 15, Ch. 444, L. 2015.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-215. Regulatory streamlining

53-20-215. Regulatory streamlining.
(1) The department's division responsible for administering the comprehensive developmental disability system shall work with providers of community developmental disability services to identify areas in which the department's administrative rules, policies, or procedures related to the system:
(a) duplicate federal regulations;
(b) duplicate or contradict rules or policies established for the system by other department divisions;
(c) are applied inconsistently across the designated developmental disabilities regions or by department staff and contractors; or
(d) create the potential for waste of resources.
(2) Based on the areas identified pursuant to subsection (1), the department shall review the related administrative rules, policies, and procedures to:
(a) determine the ongoing reasonable necessity pursuant to 2-4-305;
(b) determine the costs and benefits to providers of community services and to the state of continuing each rule, policy, or procedure;
(c) eliminate rules, policies, or procedures that are determined to be not cost-effective;
(d) eliminate duplication in oversight and monitoring requirements; and
(e) create consistency in the application of a rule, policy, or procedure, if necessary.
(3) The department shall develop a written plan that:
(a) outlines the process and deadline for completing the initial review of the rules, policies, and procedures; and
(b) establishes a process and timeline for an ongoing review, in conjunction with providers, that will continue to identify and correct areas of duplication, inconsistency, or waste.
(4) The department shall:
(a) include other interested parties in the review required under this section; and
(b) complete the activities required under this section using existing resources.
History: En. Sec. 1, Ch. 246, L. 2019.
2023 Montana Code Annotated › Title 53. Social Services and Institutions › Chapter 20. Developmental Disabilities › Part 2. Community-Based Services › 53-20-221. Liability training program and materials for respite care

53-20-221. Liability training program and materials for respite care.
(1) The department, in conjunction with the department of labor and industry, shall develop a training program and educational materials on labor law and liability issues related to the employment of a person by an individual for respite care services under the exemptions provided in 39-3-406, 39-51-204, and 39-71-401. The educational materials must provide information on the labor law requirements applicable to an individual hiring a person for respite care services.
(2) The department shall make the training materials available to providers of community-based services for people with developmental disabilities that serve as the organized health care delivery system for respite care funds available from the department for use by individuals who hire and pay a person to provide respite care to a family member or a person for whom they are the legal guardian.
(3) To qualify for the respite care funds available from the department, an individual:
(a) shall receive training offered by a provider; and
(b) shall sign a statement acknowledging that the individual has completed the training and has read the related educational materials.
History: En. Sec. 1, Ch. 281, L. 2009; amd. Sec. 11, Ch. 123, L. 2011.