53-21-151. Notification of noncompliance as condition for treatment plan — response. (1) If the respondent has been ordered to follow a treatment plan and the respondent does not substantially comply with the treatment plan developed pursuant to the order for treatment pursuant to a commitment to a community facility or program or course of treatment, the chief medical officer or designee shall promptly notify the court upon becoming aware of substantial noncompliance that is likely to result in at least one of the conditions in 53-21-126(1) and shall provide supporting documentation.

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Terms Used In Montana Code 53-21-151

  • 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
  • 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
  • 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)The court may take reasonable steps to ensure compliance with the court’s outpatient treatment order, including but not limited to the following:

(a)directing that the friend of respondent remind the respondent of the respondent’s treatment obligations and attempt to persuade the noncompliant respondent to comply with the treatment plan;

(b)presenting the respondent to the mental health facility or program for treatment, including administration of medication pursuant to 53-21-127(6); or

(c)directing the treating provider to work with the respondent to bring about compliance with the treatment plan.