Montana Code 53-21-1205. Short-term inpatient treatment — process — placement — length — conditions for proceeding with commitment hearing
53-21-1205. Short-term inpatient treatment — process — placement — length — conditions for proceeding with commitment hearing. (1) When a commitment hearing has been suspended pursuant to 53-21-123(3)(b) so that the respondent may be diverted to short-term inpatient treatment, the professional person who conducted the examination shall, with the concurrence of the county attorney, recommend to the court an appropriate placement in a mental health facility with available short-term treatment beds.
Terms Used In Montana Code 53-21-1205
- Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Emergency situation: means :
(a)a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment; or
(b)a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety. See Montana Code 53-21-102
- facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Professional person: means :
(a)a medical doctor;
(b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(c)a licensed psychologist;
(d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102
- Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102
(2)Short-term inpatient treatment may not exceed 14 days, except pending a commitment hearing scheduled pursuant to subsection (5).
(3)Subject to the provisions of this section, a respondent may be released before completing 14 days of treatment if the professional person responsible for the respondent’s treatment plan determines that the respondent no longer requires inpatient treatment. However, the county attorney and the respondent’s attorney must be notified at least 24 hours before a respondent is released.
(4)When a respondent is released, the professional person shall notify the court and the court shall dismiss the commitment petition.
(5)The court must be notified and shall proceed with a commitment hearing within 5 business days of receiving notice of any of the following circumstances:
(a)the professional person responsible for the respondent’s treatment plan determines that the respondent should not be released after 14 days of treatment because, in the professional person’s judgment, an emergency situation would exist if the respondent were released;
(b)the respondent refuses treatment;
(c)the respondent’s attorney requests the respondent’s release before the 14-day treatment period is completed; or
(d)the county attorney objects to the respondent’s release within 24 hours of being notified of the respondent’s pending release as required in subsection (3).