Title 53, Title 53

(1) A respondent has all the rights accorded to a person subject to involuntary commitment proceedings under the laws of this state relating to involuntary commitment of a person who suffers from a mental disorder and who requires commitment, as provided in 53-21-115 through 53-2…

(1) A respondent may waive the respondent's procedural rights provided that the waiver is knowingly and intentionally made. (2) The right to counsel in a hearing held pursuant to 53-20-125 may not be waived. (3) The right to habilitation provided for in this part may not be waive…

(1) In a proceeding under this part, the court shall appoint a responsible person to protect the interests of the respondent if the court determines: (a) that a conflict of interest may exist between the respondent and the respondent's parents or guardian; (b) that the parents or…

In a hearing held pursuant to this part, a member of the residential facility screening team may be required to testify with regard to a determination made by the residential facility screening team.

(1) Except as provided in 53-20-129, hearings held pursuant to this part must be held in the district court for the district in which: (a) the respondent resides; or (b) the residential facility to which the respondent is committed or is to be committed is located. (2) The cost o…

Any order issued by a court after a hearing held pursuant to any provision of this part may be appealed to the Montana supreme court in the same manner as for civil appeals generally.

(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 deve…

(1) A court may commit a person to a residential facility or impose a community treatment plan only if the person: (a) is 18 years of age or older; and (b) is determined to be seriously developmentally disabled and in need of commitment to a residential facility or imposition of …

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 a…

(1) If, at any time during the period for which a resident is committed to a residential facility for an extended period of habilitation and treatment, the qualified intellectual disability professional responsible for the resident's habilitation decides that the resident no long…

(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…

(1) Subject to the provisions of subsection (3), a person believed to be seriously developmentally disabled may be admitted to a residential facility or a temporary court-ordered community treatment plan may be imposed on an emergency basis without notice to the person or approva…

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 resid…

(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 fac…

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 co…

(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 determi…

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 im…

(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…

(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 pr…

Persons admitted to a residential facility for a period of habilitation have the following rights: (1) Residents have a right to dignity, privacy, and humane care. (2) Residents are entitled to send and receive sealed mail. Moreover, it is the duty of the facility to foster the e…

No person admitted to or in a residential facility shall be fingerprinted unless required by other provisions of law.

(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 ord…

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 t…

(1) Residents of a residential facility have a right not to be subjected to unusual or hazardous treatment procedures 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 pe…

(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 th…

(1) Persons admitted to residential facilities have a right to habilitation, including medical treatment, education, and care suited to their needs, regardless of age, degree of intellectual disability, or disabling condition. Each resident has a right to a habilitation program t…

(1) Complete records for each resident must be maintained and must be readily available to persons who are directly involved with the particular resident and to the mental disabilities board of visitors. All information contained in a resident's records must be considered privile…

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 inservic…

(1) Any form of mistreatment, neglect, or abuse of a resident is prohibited. (2) A residential facility shall publish in the facility and circulate to staff a written policy statement that defines the facility's requirements for reporting and investigating allegations of mistreat…

The following rules govern resident labor: (1) A resident may not be required to perform labor that involves the operation and maintenance of the facility or for which the facility is under contract with an outside organization. Privileges or release from the facility may not be …

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.

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.

(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…

(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…

This part shall be known and may be cited as the "Montana Developmental Disabilities Services and Facilities Act of 1974".

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 s…

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 disab…

(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 …

(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 ot…

(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 respe…

(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 …

For purposes of this part, Indian people living within federal Indian reservations shall be entitled to all services provided for under this part.

Nothing in this part shall be construed to prevent the continuation of existing developmental disabilities facilities or services in the state.

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.

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.

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 expe…