Montana Code 53-21-169. Protection and advocacy system — designation and authority
53-21-169. Protection and advocacy system — designation and authority. (1) A protection and advocacy system for individuals with a significant mental illness or emotional impairment is designated by the governor and may be administered in the state under the provisions of 42 U.S.C. § 10801 through 10851. An eligible mental health protection and advocacy system under the provisions of 42 U.S.C. § 10801 through 10851 must have as its primary goals:
Terms Used In Montana Code 53-21-169
- Abuse: means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility. 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
- Neglect: means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect. See Montana Code 53-21-102
- 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
(a)the protection and advocacy of the rights of mentally ill individuals who are defined in 42 U.S.C. § 10802 as individuals with a significant mental illness or emotional impairment; and
(b)the investigation of incidents of abuse and neglect, as defined in 42 U.S.C. § 10802, of mentally ill individuals.
(2)Pursuant to 42 U.S.C. § 10801 and 10802, the protection and advocacy system may:
(a)investigate incidents of abuse and neglect of mentally ill individuals;
(b)pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are residents of the state and are receiving care or treatment in the state;
(c)have access to all mentally ill individuals and all facilities, wards, and living quarters as necessary to fulfill the goals described in subsection (1); and
(d)pursuant to 42 U.S.C. § 10801 through 10851 and Title 50, chapter 16, part 5, have access to records, including:
(i)reports prepared by the staff of a mental health care and treatment facility;
(ii)reports prepared by an agency investigating reports of abuse, neglect, and injury occurring at a facility and that describe the incidents and the steps taken to investigate the reports;
(iii)reports provided by the director of the department pursuant to 53-21-107(9); and
(iv)discharge planning records.
(3)All information obtained under this section must be kept confidential pursuant to 42 U.S.C. § 10806.
(4)The protection and advocacy system described in this section is independent of any public or private agency that provides treatment or services to the mentally ill.