Montana Code 53-21-121. Petition for commitment — contents of — notice of
53-21-121. Petition for commitment — contents of — notice of. (1) The county attorney, upon the written request of any person having direct knowledge of the facts, may file a petition with the court alleging that there is a person within the county who is suffering from a mental disorder and who requires commitment pursuant to this chapter.
Terms Used In Montana Code 53-21-121
- Allegation: something that someone says happened.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- 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
- Department: means the department of public health and human services provided for in 2-15-2201. 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
- Friend of respondent: means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. See Montana Code 53-21-102
- Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 53-21-102
- Mental health professional: means :
(a)a certified professional person;
(b)a physician licensed under Title 37, chapter 3;
(c)a clinical professional counselor licensed under Title 37, chapter 39;
(d)a psychologist licensed under Title 37, chapter 17;
(e)a clinical social worker licensed under Title 37, chapter 39;
(f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(h)a marriage and family therapist licensed under Title 37, chapter 39. See Montana Code 53-21-102
- 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 53-21-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
(2)The petition must contain:
(a)the name and address of the person requesting the petition and the person’s interest in the case;
(b)the name of the respondent and, if known, the address, age, sex, as defined in 1-1-201, marital status, and occupation of the respondent;
(c)the purported facts supporting the allegation of mental disorder, including a report by a mental health professional if any, a statement of the disposition sought pursuant to 53-21-127, and the need for commitment;
(d)the name and address of every person known or believed to be legally responsible for the care, support, and maintenance of the respondent for whom evaluation is sought;
(e)the name and address of the respondent’s next of kin to the extent known to the county attorney and the person requesting the petition;
(f)the name and address of any person whom the county attorney believes might be willing and able to be appointed as friend of respondent;
(g)the name, address, and telephone number of the attorney, if any, who has most recently represented the respondent for whom evaluation is sought; if there is no attorney, there must be a statement as to whether to the best knowledge of the person requesting the petition the respondent for whom evaluation is sought is indigent and unable to afford the services of an attorney;
(h)a statement of the rights of the respondent, which must be in conspicuous print and identified by a suitable heading; and
(i)the name and address of the mental health facility to which it is proposed that the respondent may be committed, if known.
(3)Notice of the petition must be hand-delivered to the respondent and to the respondent’s counsel on or before the initial appearance of the respondent before the judge or justice of the peace. The respondent’s counsel shall meet with the respondent, explain the substance of the petition, and explain the probable course of the proceedings. Notice of the petition and the order setting the date and time of the hearing and the names of the respondent’s counsel, professional person, and friend of respondent must be hand-delivered, mailed, or sent by a facsimile transmission to the person or persons legally responsible for care, support, and maintenance of the respondent, the next of kin identified in the petition, any other person identified by the county attorney as a possible friend of respondent other than the one named as the friend of respondent, the director of the department or the director’s designee, and the mental health facility to which the respondent may be committed, if known. The notice may provide, other than as to the respondent and the respondent’s counsel, that no further notice will be given unless written request is filed with the clerk of court.