Montana Code 53-20-112. Procedural rights — appointment of counsel
53-20-112. Procedural rights — appointment of counsel. (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 53-21-118.
Terms Used In Montana Code 53-20-112
- Available: means :
(i)that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;
(ii)that funding for the services has been identified and committed for the person's immediate use; and
(iii)that all providers have offered the necessary services for the person's immediate use. See Montana Code 53-20-102
- Court: means a district court of the state of Montana. See Montana Code 53-20-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Respondent: means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan. See Montana Code 53-20-102
- Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)In addition, the parents or guardian of a respondent has the right to:
(a)be present at any hearing held pursuant to this part;
(b)be represented by counsel in any hearing;
(c)offer evidence and cross-examine witnesses in any hearing; and
(d)have the respondent examined by a professional of the parents’ or guardian’s choice when a professional is reasonably available unless the person chosen is objected to by the respondent or by a responsible person appointed by the court.
(3)Upon receipt of a petition for commitment, recommitment, or emergency commitment, the court shall order the office of the state public defender, provided for in 2-15-1029, to assign counsel for the respondent. If the parents are indigent and the parents request it or if the guardian is indigent and the guardian requests it, the court shall order the office of state public defender to assign counsel for the parents or guardian pending a determination of indigence pursuant to 47-1-111.