Montana Code 53-20-125. Outcome of screening — recommendation for commitment or imposition of community treatment plan — hearing
53-20-125. Outcome of screening — recommendation for commitment or imposition of community treatment plan — hearing. (1) A court may commit a person to a residential facility or impose a community treatment plan only if the person:
Terms Used In Montana Code 53-20-125
- Census: means the number of residents occupying beds in a residential facility on a particular date. See Montana Code 53-20-102
- 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
- community-based services: means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting. See Montana Code 53-20-102
- Court: means a district court of the state of Montana. See Montana Code 53-20-102
- Developmental disability: means a disability that:
(a)is attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability;
(b)requires treatment similar to that required by intellectually disabled individuals;
(c)originated before the individual attained age 18;
(d)has continued or can be expected to continue indefinitely; and
(e)results in the person having a substantial disability. 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.
- Habilitation: means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. See Montana Code 53-20-102
- 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
- Writing: includes printing. See Montana Code 1-1-203
(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 a community treatment plan by the residential facility screening team, as provided in 53-20-133, and by a court, as provided in 53-20-129 or in this section.
(2)After the screening required by 53-20-133, the residential facility screening team shall file its written recommendation and report with the court. The report must include the factual basis for the recommendation and must describe any tests or evaluation devices that have been employed in evaluating the respondent. The residential facility screening team shall provide to the court, the county attorney, the respondent’s attorney, and any other party requesting it the social and placement information that the team relied on in making its determination.
(3)The residential facility team may recommend commitment to a specific residential facility.
(4)Notice of the determination of the residential facility screening team must be mailed or delivered to:
(a)the respondent;
(b)the respondent’s parents, guardian, or next of kin, if known;
(c)the responsible person;
(d)the respondent’s advocate, if any;
(e)the county attorney;
(f)the residential facility to which the residential facility screening team has recommended commitment;
(g)the attorney for the respondent, if any; and
(h)the attorney for the parents or guardian, if any.
(5)The respondent, the respondent’s parents or guardian, the responsible person, the respondent’s advocate, if any, or the attorney for any party may request that a hearing be held on the recommendation of the residential facility screening team. The request for a hearing must be made in writing within 15 days of service of the report.
(6)Notice of the hearing must be mailed or delivered to each of the parties listed in subsection (5).
(7)The hearing must be held before the court without jury. The rules of civil procedure apply.
(8)Upon receiving the report of the residential facility screening team and after a hearing, if one is requested, the court shall enter findings of fact and take one of the following actions:
(a)If both the residential facility screening team and the court find that the respondent is seriously developmentally disabled and in need of commitment to a residential facility, the court shall order the respondent committed to a residential facility for an extended course of treatment and habilitation, subject to the provisions of subsection (12).
(b)If both the residential facility screening team and the court find that the respondent is seriously developmentally disabled but either the residential facility screening team or the court finds that a less restrictive community treatment plan has been proposed, the court may impose a community treatment plan that meets the conditions set forth in 53-20-133(4). If the court finds that a community treatment plan proposed by the parties or recommended by the residential facility screening team does not meet the conditions set forth in 53-20-133(4), it may order the respondent committed to a residential facility. The court may not impose a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions of 53-20-133(4)(c) and (4)(d).
(c)If either the residential facility screening team or the court finds that the respondent has a developmental disability but is not seriously developmentally disabled, the court shall dismiss the petition and refer the respondent to the department of public health and human services to be considered for placement in voluntary community-based services according to 53-20-209.
(d)If either the residential facility screening team or the court finds that the respondent does not have a developmental disability or is not in need of developmental disabilities services, the court shall dismiss the petition.
(9)(a) If the residential facility screening team recommends commitment to a residential facility or imposition of a community treatment plan and none of the parties notified of the recommendation request a hearing within 15 days of service of the screening team’s report, the court may:
(i)issue an order committing the respondent to the residential facility for an extended period of treatment and habilitation;
(ii)issue an order imposing a community treatment plan that the court finds meets the conditions set forth in 53-20-133(4); or
(iii)initiate its own inquiry as to whether an order should be granted.
(b)The court may not impose a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions in 53-20-133(4)(c) and (4)(d).
(10)The court may refuse to authorize commitment of a respondent to a residential facility for an extended period of treatment and habilitation if commitment is not in the best interests of the respondent.
(11)A court order entered in a proceeding under this part must be provided to the residential facility screening team.
(12)(a) A court may not commit a respondent to a residential facility unless the facility has confirmed in writing that admission of the respondent will not cause the census at the residential facility to exceed its licensed capacity.
(b)After December 31, 2016, a court may not commit a respondent to the Montana developmental center.