Montana Code 53-20-127. Transfer to another facility — release to community-based alternative — hearing
53-20-127. Transfer to another facility — release to community-based alternative — hearing. (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 longer requires placement in a residential facility and that there exist sufficient community-based alternatives to provide adequate treatment and habilitation for the resident and adequate protection of the life and physical safety of the resident and others, the qualified intellectual disability professional may release the resident to the community-based alternative.
Terms Used In Montana Code 53-20-127
- 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
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Qualified intellectual disability professional: means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility. See Montana Code 53-20-102
- Resident: means a person committed to a residential facility. 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
(2)Notice of the proposed release must be sent at least 15 days prior to the date of release to:
(a)the resident;
(b)the resident’s parents or guardian;
(c)the attorney who most recently represented the resident, if any;
(d)the responsible person appointed by the court, if any;
(e)the resident’s advocate, if any; and
(f)the court that ordered the commitment.
(3)If a party that was notified objects to the release, the party may petition the court for a hearing to determine whether the release should be allowed. The hearing must comply with the procedures set forth in 53-20-125. The court may on its own initiative inquire concerning the propriety of the release.
(4)A resident may be transferred without the notice provided in subsection (2) to a hospital or other medical facility for necessary medical treatment or to a mental health facility for emergency treatment provided that the emergency transfer complies with the statutory requirements for emergency detention of the mentally ill. Within 24 hours of an emergency medical or psychiatric transfer, notice must be given to the parents or guardian of the resident, the responsible person appointed by the court, if any, and the court.
(5)If a person is committed to a residential facility for an extended course of habilitation without a hearing and if subsequent to commitment one of the parties who could have requested a hearing learns that an alternative course of treatment is available that is more suitable to the needs of the resident, the party may request the qualified intellectual disability professional responsible for the resident’s habilitation to release the resident to the alternative if it is a community-based alternative. A release must comply with the requirements of subsections (1) through (4). If the qualified intellectual disability professional in charge of the resident refuses to authorize the release, the party may petition the court for a hearing to determine whether the resident’s commitment should be continued. The hearing must comply with the procedures set forth in 53-20-125.