Montana Code 53-20-130. Patient transfers from mental health facilities
53-20-130. Patient transfers from mental health facilities. If a person is a patient in a mental health facility and the professional person, as defined in 53-21-102, in charge of the patient determines that the patient is suffering from a developmental disability rather than mental illness and should more properly be committed to a residential facility or an appropriate less restrictive alternative, the professional person shall commence proceedings to effect a commitment, consistent with the procedures set forth in this part for commitments generally.
Terms Used In Montana Code 53-20-130
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201