53-20-144. Rights concerning photographs. (1) A person admitted to a residential facility may be photographed upon admission for identification, medical, habilitative, and administrative purposes of the facility. Such photographs shall be confidential and shall not be released by the facility except pursuant to court order.

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Terms Used In Montana Code 53-20-144

  • Court: means a district court of the state of Montana. See Montana Code 53-20-102
  • 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.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Resident: means a person committed to a residential facility. 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

(2)No other nonmedical or nonhabilitative photographs shall be taken or used without consent of the resident‘s parents or guardian or the responsible person appointed by the court.