Title 52, Title 52

This part may be cited as the "Protective Services Act for Vulnerable Adults".

As used in this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Protective services" means emergency services that are provided in a coordinated effort by the department to a vulnerab…

To ensure that vulnerable adults in the state are afforded the opportunity to receive protective services and to implement certain provisions of the federal government's Title XX, Social Services Amendments of 1972, the legislature declares that the department is the public agenc…

The department is responsible for acting on requests for protective services from vulnerable adults or from relatives, friends, or other reputable persons requesting the services on behalf of a vulnerable adult.

The department may implement a program for protective services by establishing appropriate rules which are not inconsistent with the department's activities.

The department shall make annual reports on the number of people served by this part and the type of protective services made available to the vulnerable adults of Montana.

(1) The provision of protective services does not create a guardianship or conservatorship relationship between the department and the vulnerable adult. (2) The department may not provide protective services that impose a legal limitation or restriction on a vulnerable adult: (a)…

As used in this part, unless the context clearly indicates otherwise, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Older Americans Act" means the Older Americans Act of 1965, as amended,…

The purpose of this part is to grant the department authority to develop and administer the state plan on aging, to coordinate services to older adults pursuant to the Older Americans Act, and to establish or redesignate planning and service areas pursuant to section 305 of that …

The department may administer and develop the state plan on aging.

(1) On or before October 1, 1983, and every 4 years following, the department shall redesignate the planning and service areas it utilizes for services to older adults. (2) The department shall fix the number of planning and service areas at no less than 7 and no more than 10. (3…

The department shall adopt rules to administer and implement this part.

(1) The department shall achieve accountability in providing quality services in a cost-effective manner by: (a) establishing goals, responsibilities, and performance expectations for goals in providing services to older adults and to older Montanans as provided in Title 52, chap…

This part may be cited as the "Montana Older Americans Act".

In this part, the following definitions apply: (1) "Department" means the department of public health and human services provided for in 2-15-2201. (2) "Older Montanan" means a resident of this state who is at least 60 years of age.

(1) The legislature finds that older Montanans constitute a valuable resource of this state and that their competence, experience, and wisdom must be used more effectively for the benefit of all Montanans. (2) The legislature further finds that a complete range of services is not…

Subject to available funding, the department, in conjunction with other state, local, and private agencies and organizations, shall identify and may provide for older Montanans, in addition to existing services: (1) a directory of available services; (2) transportation that provi…

The department shall develop a plan to coordinate the services identified in 52-3-504, facilitate cooperation among agencies, avoid duplication, and increase efficiency.

Nothing in this part shall be construed to prevent the department from complying with the rules and regulations promulgated by the U.S. department of health and human services pursuant to the "Older Americans Act of 1965", as amended.

The legislature finds that many disabled and elderly Montana citizens reside in long-term care facilities in Montana and because of their isolated and vulnerable condition are dependent on others for care and protection. It is the intent of the legislature that, contingent on rec…

In this part, the following definitions apply: (1) "Local ombudsman" means a person officially designated by the long-term care ombudsman to act as the long-term care ombudsman's local representative. (2) "Long-term care facility" means a facility or part of a facility that provi…

Contingent on receipt of federal funds for the purpose, there is an office of legal and long-term care ombudsman services in the department of public health and human services. As required by the Older Americans Act of 1965, as amended (42 U.S.C. 3001, et seq.), and the regulatio…

(1) Subject to subsection (2), the long-term care ombudsman or local ombudsman must have access without advance notice to any long-term care facility, including private access to any resident, for the purpose of meeting with residents, investigating and resolving complaints, and …

(1) A person who violates the provisions of 52-3-604 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The department of public health and human services or, upon request of that department, the county attorney of the coun…

This part may be cited as the "Montana Vulnerable Adult Prevention of Abuse Act".

The legislature finds that a need exists to provide for cooperation among law enforcement officials and agencies, courts, and state and county agencies providing human services in preventing the abuse, sexual abuse, neglect, and exploitation of Montana's vulnerable adults through…

As used in this part, the following definitions apply: (1) "Abuse" means: (a) the commission of assault as described in 45-5-201; (b) the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful a…

(1) The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811(1)(a). (2) The department shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part. (3) The department …

(1) The county attorney or the department shall convene one or more temporary or permanent interdisciplinary adult protective service teams. The teams shall assist in assessing the needs of, formulating and monitoring a treatment plan for, and coordinating services to vulnerable …

(1) When the professionals and other persons listed in subsection (3) know or have reasonable cause to suspect that a vulnerable adult known to them in their professional or official capacities has been subjected to abuse, sexual abuse, neglect, or exploitation, they shall: (a) i…

(1) The report required by 52-3-811 may be made in writing or orally, by telephone, in person, or electronically through the department. A person who receives an oral report shall prepare it in writing as soon as possible. (2) The report referred to under this section must contai…

(1) The case records of the department, its local affiliate, the county attorney, and the court concerning actions taken under this part and all reports made pursuant to 52-3-811 must be kept confidential except as provided by this section. For the purposes of this section, the t…

(1) A person who makes a report required or authorized to be made under 52-3-811 is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the report unless the report is false in any material respect and the person acted in bad faith o…

(1) A person or agency receiving a report of suspected abuse, sexual abuse, neglect, or exploitation under 52-3-811 shall prepare a written description of the conditions regarded as evidence of abuse, sexual abuse, neglect, or exploitation and may, with the consent of an allegedl…

(1) (a) If the department receives a report of an allegation of exploitation of a victim pursuant to 52-3-811 that would constitute a crime under 45-5-804 or the crime of theft of identity in which the victim is an incapacitated person or vulnerable adult pursuant to 45-6-332, an…

(1) By September 15 of each even-numbered year, the department shall report to the attorney general and the law and justice interim committee in accordance with 5-11-210 the number of referrals to county attorneys by county pursuant to 52-3-811 for suspected offenses under 45-5-8…

In any proceeding resulting from a report made pursuant to the provisions of this part or in any proceeding where the report or its content is sought to be introduced into evidence, the report or its content or any other fact related to the report or to the condition of the vulne…