Terms Used In Montana Code > Title 53 > Chapter 20 - Developmental Disabilities

• Allegation: something that someone says happened.
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authority: means :

  (a)a municipal or regional airport authority as provided in Title 67, chapter 11;

  (b)a conservancy district as provided in Title 85, chapter 9;

  (c)a conservation district as provided in Title 76, chapter 15;

  (d)a drainage district as provided in Title 85, chapter 8;

  (e)an irrigation district as provided in Title 85, chapter 7;

  (f)a hospital district as provided in Title 7, chapter 34, part 21;

  (g)a water conservation and flood control district as provided in Title 76, chapter 5, part 11;

  (h)a county water and sewer district as provided in Title 7, chapter 13, part 22; or

  (i)an urban transportation district as provided in Title 7, chapter 14, part 2. See Montana Code 7-3-122

• Available: means :

  (i)that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;

  (ii)that funding for the services has been identified and committed for the person's immediate use; and

  (iii)that all providers have offered the necessary services for the person's immediate use. See Montana Code 53-20-102

• Case manager: means a person who is responsible for service coordination, planning, and crisis intervention for persons who are eligible for community-based developmental disabilities services from the department of public health and human services. See Montana Code 53-20-102
• Census: means the number of residents occupying beds in a residential facility on a particular date. See Montana Code 53-20-102
• Center: means the intensive behavior center provided for in 53-20-602. See Montana Code 53-20-601
• 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.
• 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
• community-based services: means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting. See Montana Code 53-20-102
• Comprehensive developmental disability system: means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:

  (a)evaluation services;

  (b)diagnostic services;

  (c)treatment services;

  (d)day-care services;

  (e)training services;

  (f)education services;

  (g)employment services;

  (h)recreation services;

  (i)personal-care services;

  (j)domiciliary-care services;

  (k)special living arrangements services;

  (l)counseling services;

  (m)information and referral services;

  (n)follow-along services;

  (o)protective and other social and sociolegal services, including case management services as defined in 42 C. See Montana Code 53-20-202

• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means a district court of the state of Montana. See Montana Code 53-20-102
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-20-601
• Department: means the department of public health and human services. See Montana Code 53-20-202
• Dependent: A person dependent for support upon another.
• Developmental disabilities: means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability. See Montana Code 53-20-202
• Developmental disabilities facility: means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis. See Montana Code 53-20-202
• Developmental disabilities professional: means a licensed psychologist, a licensed psychiatrist, or a person with a master's degree in psychology, who:

  (a)has training and experience in psychometric testing and evaluation;

  (b)has experience in the field of developmental disabilities; and

  (c)is certified, as provided in 53-20-106, by the department of public health and human services. See Montana Code 53-20-102

• Developmental disability: means a disability that:

  (a)is attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability;

  (b)requires treatment similar to that required by intellectually disabled individuals;

  (c)originated before the individual attained age 18;

  (d)has continued or can be expected to continue indefinitely; and

  (e)results in the person having a substantial disability. See Montana Code 53-20-102

• Developmental disability: has the meaning provided in 53-20-102. See Montana Code 53-20-601
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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

• form: means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111. See Montana Code 7-3-122
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habilitation: means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Legal resident: means a person who maintains Montana as the person's principal establishment, home of record, or permanent home and where, whenever absent due to military obligation, the person intends to return. See Montana Code 53-20-202
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-20-102
• Military dependent: means a child of a military service member. See Montana Code 53-20-202
• Military service: means service in the armed forces or armed forces reserves or membership in the Montana national guard. See Montana Code 53-20-202
• Military service member: means a person who is currently in military service or who has separated from military service in the previous 18 months either through retirement or military separation. See Montana Code 53-20-202
• 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 53-20-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Plan of government: has the meaning provided in 7-1-4121. See Montana Code 7-3-122
• 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
• Property: means real and personal property. See Montana Code 1-1-205
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Qualified intellectual disability professional: means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility. See Montana Code 53-20-102
• Records administrator: means the individual responsible for keeping the public records of the local government and generally means the county, city, or town clerk unless the alternative form or governing body specifies a different individual. See Montana Code 7-3-122
• Resident: means a person committed to a residential facility. See Montana Code 53-20-102
• 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
• Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102
• Seriously developmentally disabled: means a person who:

  (a)has a developmental disability;

  (b)is impaired in cognitive functioning; and

  (c)cannot be safely and effectively habilitated through voluntary use of community-based services because of behaviors that pose an imminent risk of serious harm to self or others. See Montana Code 53-20-102

• Several: means two or more. See Montana Code 1-1-201
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203