§ 53-20-101 Purpose
§ 53-20-102 Definitions
§ 53-20-103 Residential institution to meet standards
§ 53-20-104 Powers and duties of mental disabilities board of visitors
§ 53-20-105 Repealed
§ 53-20-106 Certification of developmental disabilities professionals
§ 53-20-107 Department to compile list of qualified developmental disabilities professionals
§ 53-20-110 Community treatment plan — elements — placement
§ 53-20-111 Repealed
§ 53-20-112 Procedural rights — appointment of counsel
§ 53-20-113 Waiver of rights
§ 53-20-114 Appointment of responsible person
§ 53-20-115 Repealed
§ 53-20-116 Residential facility screening team member — testimony at hearing
§ 53-20-117 Repealed
§ 53-20-118 Venue for hearing
§ 53-20-119 Appeal procedure
§ 53-20-120 Repealed
§ 53-20-121 Petition for involuntary treatment — contents of
§ 53-20-122 Repealed
§ 53-20-123 Repealed
§ 53-20-124 Repealed
§ 53-20-125 Outcome of screening — recommendation for commitment or imposition of community treatment plan — hearing
§ 53-20-126 Maximum period of commitment or treatment plan
§ 53-20-127 Transfer to another facility — release to community-based alternative — hearing
§ 53-20-128 Recommitment — extension of community treatment plan
§ 53-20-129 Emergency admission and commitment
§ 53-20-130 Patient transfers from mental health facilities
§ 53-20-131 Placement in nonstate facility
§ 53-20-132 Court-ordered placement in community-based services prohibited except through statutory process
§ 53-20-133 Residential facility screening team — referral by court — membership — rules
§ 53-20-134 Court records to be kept separate — sealed — names omitted
§ 53-20-140 Amendment to commitment order or treatment plan — emergency amendment
§ 53-20-141 Denial of legal rights
§ 53-20-142 Rights while in residential facility
§ 53-20-143 Right not to be fingerprinted
§ 53-20-144 Rights concerning photographs
§ 53-20-145 Right to be free from unnecessary or excessive medication
§ 53-20-146 Right not to be subjected to certain treatment procedures
§ 53-20-147 Right not to be subjected to experimental research
§ 53-20-148 Right to habilitation
§ 53-20-161 Maintenance of records
§ 53-20-162 Training for resident care workers
§ 53-20-163 Abuse of residents prohibited
§ 53-20-164 Resident labor
§ 53-20-165 Clothing for residents discharged or conditionally released
§ 53-20-171 Terminated
§ 53-20-172 Dual eligibility for services
§ 53-20-173 Autism facilities grant — purpose — eligibility — rulemaking
§ 53-20-174 Autism facilities special revenue account
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code > Title 53 > Chapter 20 > Part 1 - Treatment

  • 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.
  • 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
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Court: means a district court of the state of Montana. See Montana Code 53-20-102
  • Dependent: A person dependent for support upon another.
  • 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

  • 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

  • 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
  • mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-20-102
  • 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 53-20-102
  • 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.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • 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