Title 53, Title 53

The purpose of this part is to: (1) secure for each person who may be suffering from a mental disorder and requiring commitment the care and treatment suited to the needs of the person and to ensure that the care and treatment are skillfully and humanely administered with full re…

(1) The county commissioners in each of the counties in the region or service area that are designated as participating counties pursuant to subsection (4) may appoint, upon request, a person from their respective county to serve as a representative of the county on a community m…

This part may not be construed to prevent the continuation of services by or the facilities of existing community mental health centers or of any other appropriately certified or licensed mental health center or mental health professional.

(1) The services funded by the department are available without discrimination on the basis of race, color, creed, religion, or ability to pay and must comply with Title VI of the Civil Rights Act of 1964. (2) Services available to individuals unable to pay may be limited by the …

The purpose of this part is to: (1) create service area authorities that collaborate with the department and local advisory councils to plan, implement, and evaluate regional public mental health care within the budget constraints for each service region; (2) promote consumer and…

(1) Subject to available funding, the department shall establish a program no later than October 1, 2026, for the implementation of certified community behavioral health clinics that meet the requirements of Public Law 113-93 and related federal regulations and guidance. (2) In d…

(1) In addition to the services required under federal law and regulation, a certified community behavioral health clinic shall directly provide the following services: (a) targeted case management; (b) peer and family caregiver services and supports; and (c) outreach and educati…

(1) The department shall develop an incentive program to provide additional financial support to certified community behavioral health clinics that demonstrate exceptional quality outcome measures. (2) The department shall adopt rules to implement this section.

As used in this chapter, the following definitions apply: (1) "Abuse" means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility …

Records and papers in proceedings under this part shall be maintained separately by the clerks of the several courts. Five days prior to the release of a respondent or patient committed to a mental health facility, the facility shall notify the clerk of the court, and the clerk s…

(1) The board is an independent board of inquiry and review that is responsible to ensure that the treatment of all persons either voluntarily or involuntarily admitted to a mental facility in Montana is humane, is consistent with established clinical and other professional stand…

A person may not act in a professional capacity as provided for in this part unless the person is a professional person as defined in 53-21-102.

(1) The department shall certify professional persons as defined in 53-21-102 for the purpose of this part. (2) The department, with reference to recognized national standards in the field of mental health, shall adopt standards and rules governing the certification of profession…

(1) Any form of abuse or neglect of a person admitted to a mental health facility is prohibited. (2) Each mental health facility shall publish policies and procedures that define the facility's guidelines for detecting, reporting, investigating, determining the validity, and reso…

(1) The department shall implement a suicide prevention program administered by a suicide prevention officer attached to the division responsible for administering adult mental health services. The program must be informed by the best available evidence. (2) The suicide preventio…

(1) The department shall produce a biennial suicide reduction plan that must be submitted to the legislature as provided in 5-11-210. (2) The plan must include: (a) an assessment of both risk and protective factors impacting Montana's suicide rate; (b) an assessment of both risk …

(1) The department is required to have a suicide crisis hotline available, staffed by paid, trained employees 24 hours a day and 365 days a year. (2) The hotline may be operated by the department or by a qualified Montana-based, nonprofit organization. (3) The department shall co…

(1) (a) This part may not be construed to limit the right of a person to make voluntary application for admission at any time to a mental health facility or professional person. (b) An application for admission to a mental health facility must be in writing on a form prescribed b…

(1) The department shall administer a grant program from funds appropriated by the legislature for suicide prevention activities pursuant to this section. (2) (a) To be eligible for a grant under this section, an entity shall demonstrate credible evidence to the department that t…

(1) Notwithstanding any other provision of law, a parent or guardian of a minor may consent to mental health services to be rendered to the minor by: (a) a facility; (b) a person licensed in this state to practice medicine; or (c) a mental health professional licensed in this sta…

(1) The cost of involuntarily committing a patient who is voluntarily admitted to a mental health facility at the time the involuntary proceedings are commenced must be paid by the county of the patient's residence at the time of admission. (2) The costs of transportation to a me…

(1) Whenever a person is involuntarily detained pursuant to 53-21-121 through 53-21-126, the person must at the time of detention be informed of the person's constitutional rights and the person's rights under this part. Within 3 days of detention, the person must also be informe…

In addition to any other rights that may be guaranteed by the constitution of the United States and of this state, by the laws of this state, or by this part, any person who is involuntarily detained or against whom a petition is filed pursuant to this part has the following righ…

The person alleged to be suffering from a mental disorder and requiring commitment has the right to be present and the right to counsel at any hearing or trial. If the person is indigent or if in the court's discretion assignment of counsel is in the best interest of justice, the…

The respondent or the friend of respondent appointed by the court may secure an attorney of the person's own choice and at the person's own expense to represent the respondent.

(1) The respondent, the respondent's attorney, or the friend of respondent appointed by the court may secure a professional person of the individual's own choice to examine the respondent and to testify at the hearing before the court or jury as to the results of the professional…

(1) A respondent's right to counsel and the right to treatment provided for in this part may not be waived. (2) A respondent's procedural right to be physically present at any hearing as provided in 53-21-115(2) and 53-21-116 may be waived by the court: (a) at the request of the …

(1) A person detained pursuant to this part must be detained in the least restrictive environment required to protect the life and physical safety of the person detained or members of the public; in this respect, prevention of significant injury to property may be considered. (2)…

(1) The sheriff or administrator of a detention center in each county shall require screening of inmates to identify persons accused of minor misdemeanor offenses who appear to be suffering from mental disorders and who may require commitment, as defined in 53-21-102. (2) If as a…

(1) The department shall, subject to available appropriations for the purposes of this part, establish crisis intervention programs. The programs must be designed to provide 24-hour emergency admission and care of persons suffering from a mental disorder and requiring commitment …

(1) As soon as possible after July 1 of each new biennium, from funds appropriated by the legislature for the purposes of this section, the department shall grant to each eligible county or federally recognized tribal government state matching funds for: (a) jail diversion and cr…

(1) To the extent funding is appropriated for the purposes of this section, for each service area, as defined in 53-21-1001, the department shall contract with a mental health facility for psychiatric treatment beds that may be used for: (a) inpatient crisis intervention services…

(1) When a commitment hearing has been suspended pursuant to 53-21-123(3)(b) so that the respondent may be diverted to short-term inpatient treatment, the professional person who conducted the examination shall, with the concurrence of the county attorney, recommend to the court …

(1) For each respondent admitted as an inpatient to a mental health facility for short-term inpatient treatment pursuant to 53-21-1205 and this section, the provisions of 53-21-162 and 53-21-180 apply, except as follows: (a) the comprehensive physical and mental examination and r…

(1) There is a mental health services special revenue account within the state special revenue fund established in 17-2-102. (2) The account consists of: (a) money transferred into the account; and (b) money appropriated by the legislature. (3) Money in the account must be used b…

(1) The county attorney, upon the written request of any person having direct knowledge of the facts, may file a petition with the court alleging that there is a person within the county who is suffering from a mental disorder and who requires commitment pursuant to this chapter.…

(1) The petition must be filed with the clerk of court who shall immediately notify the judge. (2) (a) The judge shall consider the petition. If the judge finds no probable cause, the petition must be dismissed. If the judge finds probable cause and the respondent does not have p…

(1) Following the initial hearing, whether before a judge or justice of the peace, the respondent must be examined by the professional person without unreasonable delay. The examination may not exceed a period of 4 hours. The professional person shall immediately notify the count…

(1) The court may not order detention of a respondent pending the hearing unless requested by the county attorney and upon the existence of probable cause for detention. Counsel must be orally notified immediately. Counsel for the respondent may then request a detention hearing, …

At any time prior to the date set for hearing, the respondent, through counsel, may request a jury trial, and upon the request, the time set for hearing must be vacated and the matter set on the court's jury calendar at the earliest date possible, the matter taking precedence ove…

(1) The respondent must be present unless the respondent's presence has been waived as provided in 53-21-119(2), and the respondent must be represented by counsel at all stages of the trial. The trial must be limited to the determination of whether or not the respondent is suffer…

(1) A respondent must be discharged and the petition dismissed if, upon trial, it is determined that the respondent: (a) is not suffering from a mental disorder; (b) does not require commitment within the meaning of this part; or (c) is suffering from a mental disorder but the re…

(1) (a) Not less than 2 calendar weeks prior to the end of the 3-month period of commitment to the state hospital, a behavioral health inpatient facility, or the Montana mental health nursing care center or the period of commitment to a community facility or program or a course o…

(1) When an emergency situation as defined in 53-21-102 exists, a peace officer or emergency care provider as defined in 50-6-202 may take any person who appears to have a mental disorder and appears to require commitment into custody only for sufficient time to contact a profess…

(1) A person who is in the custody of the department for any purpose other than treatment of severe mental illness may not be transferred or committed to a mental health facility for more than 10 days unless the transfer or commitment is effected according to the procedures set o…

The purpose of this part is to: (1) promote more timely, informed, compassionate, and effective mental health care; (2) recognize the right of any person who has capacity to give or withhold informed consent for mental health services; (3) prevent unnecessary delays in receiving …