Montana Code 53-20-131. Placement in nonstate facility
53-20-131. Placement in nonstate facility. (1) Consistent with other provisions of this part, a person admitted to a residential facility under this part for a period of more than 30 days may be committed by the court to the custody of friends or next of kin residing outside the state or transferred to an out-of-state facility for the habilitation of persons who are persons with developmental disabilities if the out-of-state facility agrees to receive the person. The commitment or transfer may not be for a longer period of time than is permitted within Montana. If the person is indigent, the expense of supporting the person in an out-of-state facility and the expense of transportation must be borne by the state of Montana.
Terms Used In Montana Code 53-20-131
- 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
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- 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)The transfer of persons admitted to a residential facility outside of Montana under the provisions of this part or into Montana under the laws of another jurisdiction must be governed by the provisions of the Interstate Compact on Mental Health.