Montana Code 53-20-140. Amendment to commitment order or treatment plan — emergency amendment
53-20-140. Amendment to commitment order or treatment plan — emergency amendment. (1) A community treatment plan ordered pursuant to 53-20-125 or 53-20-128 may be amended with the consensus of the respondent‘s individual treatment planning team, including the respondent, without further order of the court. The amended plan must meet the conditions set forth in 53-20-133(4).
Terms Used In Montana Code 53-20-140
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- 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
- Individual treatment planning team: means the interdisciplinary team of persons involved in and responsible for the habilitation of a resident. See Montana Code 53-20-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
(2)An order of commitment to a residential facility may be amended to an order imposing a community treatment plan with the consensus of the respondent’s individual treatment planning team, including the respondent, and the court shall issue an order imposing the agreed-upon community treatment plan. The community treatment plan must meet the conditions set forth in 53-20-133(4).
(3)Any party may request amendment of a commitment ordered or a community treatment plan imposed under 53-20-125 or 53-20-128 by bringing the matter to the attention of the respondent’s individual treatment planning team. If consensus is not reached, any party may request a hearing on a proposed amendment. The court shall request an evaluation of any proposed amendment by the residential facility screening team prior to the hearing.
(4)After a hearing or upon the agreement of the parties on an amendment of a commitment or an order imposing a community treatment plan, the court may make any order which is authorized in 53-20-125, including:
(a)adding, removing, or modifying conditions of a community treatment plan;
(b)substituting commitment to a residential facility for a community treatment plan; or
(c)substituting imposition of a community treatment plan for commitment to a residential facility.
(5)Any community treatment plan imposed as a result of a request for amendment must meet the conditions set forth in 53-20-133(4). 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).
(6)If the court finds probable cause to believe that the respondent or others are in imminent risk of death or serious bodily injury, as defined in 45-2-101, the court may order a temporary amendment to a community treatment plan, for a period of up to 7 calendar days, without notice to the respondent. A hearing must be scheduled within the 7-day period of the temporary amendment. Any temporarily amended community treatment plan must meet the conditions set forth in 53-20-133(4). The court may not amend a community treatment plan for an extended period unless the residential facility screening team certifies that all services in the proposed amended plan meet the conditions of 53-20-133(4)(c) and (4)(d). The court may not order emergency commitment to a residential facility except through the process set forth in 53-20-129.