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Montana Statutes, Title 53

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Montana/Statutes

← All Montana coverage

Title 53, Title 53

19 chapters · 716 sections in this title.

All chapters in Title 53716 Ch 6, HEALTH CARE SERVICES148 Ch 21, MENTALLY ILL134 Ch 20, DEVELOPMENTAL DISABILITIES73 Ch 30, CORRECTIONS63 Ch 2, ADMINISTRATION OF PUBLIC ASSISTANCE54 Ch 1, GENERAL ADMINISTRATION OF INSTITUTIONS52 Ch 4, CHILDREN'S SERVICES51 Ch 19, PHYSICALLY DISABLED27 Ch 24, ALCOHOLISM AND DRUG DEPENDENCE27 Ch 7, VOCATIONAL REHABILITATION26 Ch 9, SERVICES FOR VICTIMS OF CRIME25 Ch 25, DISABILITY INDIVIDUAL SAVINGS ACCOUN…16 Ch 22, INTERSTATE COMPACT ON MENTAL HEALTH6 Ch 10, ADMINISTRATION OF HUMAN SERVICES5

716 sections·Filtered byTitle 53✕

Mont. Code Ann. § 53-20-215 Regulatory Streamlining
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(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…
Mont. Code Ann. § 53-20-216 Crisis Response Services -- Department And Provider Responsibilities
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(1) (a) The department shall establish crisis response services to help individuals with developmental disabilities minimize or avoid instances of crisis. The services must assist providers and families in preventing, deescalating, and intervening in instances in which individual…
Mont. Code Ann. § 53-20-221 Liability Training Program And Materials For Respite Care
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(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 provide…
Mont. Code Ann. § 53-20-222 Respite Care And Employment Responsibilities -- Liabilities
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(1) Contingent upon approval of the program by the federal government for purposes of receiving federal medicaid funds, the department may make payment to an approved, certified, and qualified medicaid provider who passes through the payment on behalf of a family to a person prov…

Mont. Code Ann. § 53-20-223 Military Dependents -- Eligibility And Placement Determinations

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(1) If a military dependent is eligible for home and community-based developmental disability services while physically present in the state, the department shall reinstate the dependent's eligibility and placement status when the dependent returns to the state if the military se…

Mont. Code Ann. § 53-20-224 Legislative Findings -- Purpose

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(1) The legislature finds that the Montana developmental center has served as a placement of last resort for seriously developmentally disabled individuals, many of whom have co-occurring mental health conditions. (2) The legislature further finds that as the department has been …

Mont. Code Ann. § 53-20-225 Department Monitoring Of Montana Developmental Center Residents -- Report To Legislature

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(1) The department shall monitor: (a) individuals released from the Montana developmental center and placed in a community home as defined in 53-20-302 for 2 years after placement in a community home; and (b) for the duration of their residency, individuals who are admitted to an…

Mont. Code Ann. § 53-20-301 Purpose

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The legislature, in recognition of the wide and varied needs of persons with developmental disabilities and of the desirability of meeting these needs on a community level to the fullest extent possible and in order to reduce the need for care in existing state institutions, esta…

Mont. Code Ann. § 53-20-302 Definition Of Community Home -- Limitation On Number Of Residents

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(1) A community home for persons with developmental disabilities is a family-oriented residence or home designed to provide facilities for two to six persons with developmental disabilities, established as an alternative to existing state institutions. (2) The department may waiv…

Mont. Code Ann. § 53-20-303 Parties Authorized To Establish And Operate Community Homes

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(1) Nonprofit corporations or associations may be formed or organized in any community for the purposes of establishing a community home or homes for persons with developmental disabilities under this part and to receive services, facilities, and funds as the department of public…

Mont. Code Ann. § 53-20-304 Department Contracts With Nonprofit Corporations -- Governmental Units Providing For Community Homes

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(1) The department of public health and human services may contract with nonprofit corporations or associations to provide facilities and services for persons with developmental disabilities in community homes for persons with developmental disabilities and is authorized to expen…

Mont. Code Ann. § 53-20-305 Community Homes -- Departmental Licensing, Administration, Operation, Health And Safety Standards

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

Mont. Code Ann. § 53-20-306 Federal Aid

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The department of public health and human services may apply for and receive federal-aid money or other assistance that is available for programs in the nature of the program created by this part.

Mont. Code Ann. § 53-20-307 Health And Safety Standards For Licensing

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(1) (a) After initial certification by the state fire prevention and investigation section of the department of justice, community homes must be certified annually for fire and life safety by the department of justice. (b) The department of justice shall notify the department of …

Mont. Code Ann. § 53-20-504 Powers And Duties Of Department Of Public Health And Human Services

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The department of public health and human services: (1) may operate or contract with a nonprofit corporation that demonstrates expertise in and the capability of providing programs for the patient population to be served by the facility and for the operation and management of nur…

Mont. Code Ann. § 53-20-505 Disposition Of Facility

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Section 53-20-504 does not prohibit the disposition of the facility as provided in 77-2-302 if an appropriate use for the facility cannot be found by the department of public health and human services.

Mont. Code Ann. § 53-20-601 Definitions

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As used in this part, the following definitions apply: (1) "Center" means the intensive behavior center provided for in 53-20-602. (2) "Department" means the department of public health and human services provided for in 2-15-2201. (3) "Developmental disability" has the meaning p…

Mont. Code Ann. § 53-20-602 Intensive Behavior Center Limitations

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(1) There is a state-operated 12-bed intensive behavior center for individuals with a developmental disability who are in need of intensive treatment because of continuous or repeated behaviors that pose an imminent risk of serious harm to self or others. (2) The center shall pro…

Mont. Code Ann. § 53-20-603 Licensing

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The intensive behavior center operated pursuant to this part must be licensed as an intermediate care facility for the developmentally disabled in accordance with 50-5-238.

Mont. Code Ann. § 53-20-604 Rulemaking Authority

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The department may adopt rules to carry out this part, including but not limited to rules for eligibility requirements for admission to the facility.

Mont. Code Ann. § 53-21-1001 Definitions

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As used in this part, the following definitions apply: (1) "Community mental health center" means a licensed mental health center that provides comprehensive public mental health services in a multicounty region under contract with the department, counties, or one or more service…

Mont. Code Ann. § 53-21-1002 Duties Of Department

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The department: (1) shall take cognizance of matters affecting the mental health of the citizens of the state; (2) shall initiate mental health care and treatment, prevention, and research as can best be accomplished by community-centered services. The department shall initiate a…

Mont. Code Ann. § 53-21-1006 Service Area Authorities -- Leadership Committees -- Boards -- Plans

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(1) In the development of a service area authority, public meetings must be held in communities throughout a service area as defined by the department by rule. The purpose of the meetings is to assist the department to establish a stakeholder leadership committee. The meetings mu…

Mont. Code Ann. § 53-21-1007 Mental Health Services Contracts

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(1) The department shall provide for public mental health services for the purposes of the prevention, diagnosis, and treatment of mental illness to the extent funded by the legislature. (2) The department may administer the provision of services for prevention, diagnosis, and tr…

Mont. Code Ann. § 53-21-101 Purpose

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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…

Mont. Code Ann. § 53-21-1010 County Commissioners -- Community Mental Health Centers -- Licensed Mental Health Centers

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(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…

Mont. Code Ann. § 53-21-1011 Continuation Of Services

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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.

Mont. Code Ann. § 53-21-1012 Availability Of Services

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(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 …

Mont. Code Ann. § 53-21-1013 Purpose

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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…

Mont. Code Ann. § 53-21-1014 Certified Community Behavioral Health Clinics -- Department Duties -- Reporting Requirement

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(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…

Mont. Code Ann. § 53-21-1015 Certified Community Behavioral Health Clinic Requirements -- Billing Practices -- Performance Measurements

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(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…

Mont. Code Ann. § 53-21-1016 Incentive Program -- Rulemaking

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(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.

Mont. Code Ann. § 53-21-102 Definitions

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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 …

Mont. Code Ann. § 53-21-103 Court Records To Be Kept Separate

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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…

Mont. Code Ann. § 53-21-104 Powers And Duties Of Mental Disabilities Board Of Visitors

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(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…

Mont. Code Ann. § 53-21-105 Certification Of Professional Persons Required

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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.

Mont. Code Ann. § 53-21-106 Certification Of Professional Persons

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(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…

Mont. Code Ann. § 53-21-107 Abuse And Neglect Of Persons Admitted To Mental Health Facility Prohibited -- Reporting -- Investigations

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(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…

Mont. Code Ann. § 53-21-1101 Suicide Prevention Officer -- Duties

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(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…

Mont. Code Ann. § 53-21-1102 Suicide Reduction Plan

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(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 …

Mont. Code Ann. § 53-21-1103 Suicide Hotline

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(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…

Mont. Code Ann. § 53-21-111 Voluntary Admission -- Content Of Admission Form -- Requirements For Valid Admission

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(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…

Mont. Code Ann. § 53-21-1111 Suicide Prevention Grants

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(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…

Mont. Code Ann. § 53-21-112 Voluntary Admission Of Minors

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(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…

Mont. Code Ann. § 53-21-113 Costs Of Committing A Patient Already Voluntarily Admitted -- Transportation Costs For Voluntary Admission

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(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…

Mont. Code Ann. § 53-21-114 Notice Of Rights To Be Given

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(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…

Mont. Code Ann. § 53-21-115 Procedural Rights

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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…

Mont. Code Ann. § 53-21-116 Right To Be Present At Hearing Or Trial -- Assignment Of Counsel

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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…

Mont. Code Ann. § 53-21-117 Right To Representation By Own Attorney

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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.

Mont. Code Ann. § 53-21-118 Right To Examination By Professional Person Of Own Choosing

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(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…