Title 52, Title 52

(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…

The legislature, in recognition of the needs of persons with severe disabilities and of the desirability of meeting those needs on a community level, establishes in 52-4-201 through 52-4-205 authority for the state to license community homes for persons with severe disabilities. …

As used in 52-4-201 through 52-4-205, the following definitions apply: (1) "Community home for persons with severe disabilities" means a family-oriented residence that is designed to provide residential services for two to eight persons with severe disabilities and that does not …

(1) A person may not operate a community home for persons with severe disabilities, also called a facility, unless the facility is licensed by the department. (2) A community home for persons with severe disabilities must be inspected and licensed annually by the department of pu…

(1) A community home for persons with severe disabilities must be certified annually for fire and life safety by the department of justice. The department of justice shall notify the department whenever a community home has been certified or refused certification. (2) (a) Local h…

(1) The department shall, for the purpose of licensing, adopt rules to govern administration, operation, and health and safety requirements for community homes for persons with severe disabilities in order to protect rights of residents. The department shall provide for temporary…

(1) The department of corrections, within the annual or biennial budgetary appropriation, may establish, maintain, and operate correctional facilities to provide custody, assessment, care, supervision, treatment, education, rehabilitation, and work and skill development of youth …

The facilities provided for in 52-5-101 shall exercise their functions under the supervision and general management of the department of corrections. Except where otherwise provided by law, the department by rules shall establish standards of care and policies of admission, trans…

(1) The department of corrections may enter into agreements with the governing body of an Indian tribe within the state for residential, educational, and evaluation services maintained by the department for children who have been adjudicated delinquent by the tribal court, subjec…

Each facility provided for in 52-5-101 is under the immediate management and control of a superintendent. If the parent or legal guardian of a resident of a facility cannot be located, the superintendent or the superintendent's designee may consent to necessary medical treatment …

The academic and vocational curricula in facilities containing academic and vocational training must include academic and vocational subjects that conform to the Montana school accreditation standards set by the board of public education.

A youth who has attained 18 years of age may not be committed by any youth court to the department of corrections.

(1) Before a youth is admitted for any purpose or for any length of time to the Pine Hills correctional facility or another facility under an order of commitment to the department of corrections, the youth must be examined by a licensed physician assistant, by an advanced practic…

(1) Prior to adjudication: (a) for a youth placed in a facility, other than a correctional facility or a detention facility, the judicial district of the youth court to which the youth has been referred shall pay the cost for transporting the youth to the facility and for any oth…

The department of corrections, upon recommendation of the superintendent of a facility, may transfer a child resident in one of its correctional facilities to any other facility or institution under the jurisdiction and control of the department or under contract to the departmen…

(1) Upon the application of a person who has not attained 18 years of age who has been sentenced to a state prison facility or upon the application of the youth's parents or guardian, the governor may, after consulting with the department of corrections and with the approval of t…

The department of corrections may, on the recommendation of the superintendent, authorize a resident of a correctional facility who has completed high school and who is otherwise eligible to receive up to $800 per year toward the resident's expenses incurred in attending a unit o…

The department may publish the name and picture of and the offense and other information relating to a youth who has left a correctional facility or program operated by the department or who is committed to the department and who presents a threat to public safety if the publicat…

(1) A person is guilty of an offense if the person purposely or knowingly: (a) permits or assists a resident of a correctional facility to leave a facility without permission; (b) permits or assists a resident's failure to return to a correctional facility from which the resident…

The department of corrections may: (1) establish youth industries programs in state correctional facilities that: (a) assist in the training and rehabilitation of residents who are youth at correctional facilities; and (b) provide the production or manufacture of products and the…

The department of corrections may adopt rules necessary for administration of industries programs authorized in 52-5-120. Rules adopted by the department may include rules regarding: (1) requirements for participation of youth in industries programs; (2) the type of training and …

(1) At least 30 days before a youth is released by the department of corrections from a correctional facility to the supervision, custody, and control of the youth court, the department, youth, and juvenile probation officer assigned to the youth shall develop a conditional relea…

The youth court has control over a youth released by the department of corrections pursuant to a conditional release agreement under 52-5-126 until the youth attains 18 years of age unless the youth is discharged by the youth court before age 18. However, the youth is subject to …

(1) A juvenile probation officer may detain a youth who allegedly has violated the terms and conditions of the youth's conditional release agreement. A law enforcement officer of the state or a county or a city shall detain a youth who has allegedly violated the terms and conditi…