Montana Code 53-20-128. Recommitment — extension of community treatment plan
53-20-128. Recommitment — extension of community treatment plan. (1) The qualified intellectual disability professional responsible for a resident‘s habilitation or the case manager responsible for habilitation of a person under a community treatment plan may request that the county attorney file a petition for recommitment or extension of the order imposing the community treatment plan.
Terms Used In Montana Code 53-20-128
- 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
- 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
- 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.
- 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
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
(2)A petition for recommitment or extension must be filed with the district court before the end of the current period of commitment or the expiration of the order imposing the current community treatment plan.
(3)A petition for recommitment or extension of a community treatment plan must be accompanied by a written report containing the recommendation of the qualified intellectual disability professional or case manager and a summary of the current habilitation plan or community treatment plan for the respondent.
(4)The petition must be reviewed in accordance with 53-20-133 by the residential facility screening team.
(5)Copies of the petition for recommitment and the report of the qualified intellectual disability professional or case manager must be sent to:
(a)the court that issued the current order;
(b)the residential facility screening team;
(c)the resident;
(d)the resident’s parents or guardian or next of kin, if any;
(e)the attorney who most recently represented the resident, if any;
(f)the responsible person appointed by the court, if any; and
(g)the resident’s advocate, if any.
(6)The provisions of 53-20-125 apply to a petition for recommitment or extension of an order imposing a community treatment plan.
(7)If either the court or the residential facility screening team finds that the respondent has been placed voluntarily in community-based services or that the need for developmental disabilities services no longer exists, the court shall dismiss the petition.
(8)The court may not order recommitment to a residential facility that does not have an individualized habilitation plan for the resident.
(9)The court may not extend an order imposing a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions set forth in 53-20-133(4)(c) and (4)(d).