Montana Code 53-20-121. Petition for involuntary treatment — contents of
53-20-121. Petition for involuntary treatment — contents of. (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 developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan.
Terms Used In Montana Code 53-20-121
- Community treatment plan: means a comprehensive, individualized plan of care that addresses the habilitation needs of and the risks posed by the behaviors of a respondent who is found to be seriously developmentally disabled. See Montana Code 53-20-102
- facility: means :
(a)the Montana developmental center; or
(b)a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14. See Montana Code 53-20-102
- 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.
- Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-20-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Residential facility screening team: means a team of persons, appointed as provided in 53-20-133, that is responsible for screening a respondent to determine if the commitment of the respondent to a residential facility or the imposition of a community treatment plan is appropriate. See Montana Code 53-20-102
- 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
- Seriously developmentally disabled: means a person who:
(a)has a developmental disability;
(b)is impaired in cognitive functioning; and
(c)cannot be safely and effectively habilitated through voluntary use of community-based services because of behaviors that pose an imminent risk of serious harm to self or others. See Montana Code 53-20-102
(2)The petition must contain:
(a)the name and address of the person requesting the petition and the person’s interest in the case;
(b)the name and address of the respondent;
(c)the name and address of the parents or guardian of the respondent and of any other person believed to be legally responsible for the care, support, and maintenance of the respondent;
(d)the name and address of the respondent’s next of kin, to the extent known;
(e)the name and address of any person who the county attorney believes might be willing and able to be appointed as a responsible person;
(f)a description of the relief requested, whether commitment to a residential facility or imposition of a community treatment plan; and
(g)a statement of the rights of the respondent and the respondent’s parents or guardian that must be in conspicuous print and identified by a suitable heading.
(3)If the petition requests imposition of a community treatment plan, a copy of the proposed community treatment plan must be attached to the petition.
(4)The county attorney shall immediately mail a copy of the petition to the residential facility screening team, the respondent’s parents or guardian, if any, and the respondent’s counsel. The county attorney shall ensure that the petition is promptly hand-delivered to the respondent.