Montana Code 53-20-129. Emergency admission and commitment
53-20-129. Emergency admission and commitment. (1) Subject to the provisions of subsection (3), a person believed to be seriously developmentally disabled may be admitted to a residential facility or a temporary court-ordered community treatment plan may be imposed on an emergency basis without notice to the person or approval by the residential facility screening team when necessary to protect the person or others from death or serious bodily injury, as defined in 45-2-101.
Terms Used In Montana Code 53-20-129
- 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
- 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
- Court: means a district court of the state of Montana. See Montana Code 53-20-102
- 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
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- 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
- Writing: includes printing. See Montana Code 1-1-203
(2)An emergency admission to a residential facility may be initiated only by a developmental disabilities professional.
(3)(a) An emergency admission to a residential facility may not proceed unless the residential facility has confirmed in writing that admission of the person will not cause the census at the facility to exceed its licensed capacity and that the facility can accommodate the emergency needs of the person.
(b)After December 31, 2016, an emergency admission may not be made to the Montana developmental center.
(4)A petition for emergency commitment must be filed on the next judicial day after an emergency admission to a residential facility by the county attorney of the county where the respondent resides.
(5)A petition for imposition of an emergency community treatment plan may be filed by the county attorney of the county where the respondent resides and must include or have attached the written report of a case manager. Any temporary community treatment plan must meet the conditions set forth in 53-20-133(4).
(6)The residential facility screening team shall report back to the court on the seventh judicial day following the filing of the petition for emergency commitment or imposition of a temporary community treatment plan.
(7)Once the report of the residential facility screening team is received by the court, continued placement in the residential facility or continued imposition of the temporary community treatment plan may not continue without an order of the court for emergency commitment or continued imposition of the community treatment plan.
(8)A court may order an emergency commitment or continue a temporary community treatment plan only when the residential facility screening team has recommended and the court has determined that the emergency commitment or continued imposition of a community treatment plan is necessary to protect the respondent or others from death or serious bodily injury, as defined in 45-2-101. Any temporary community treatment plan must meet the conditions set forth in 53-20-133(4).
(9)An order for emergency commitment or continued imposition of a temporary community treatment plan may be entered without a hearing before the court if the court finds that the record supports the order.
(10)An emergency commitment to a residential facility or imposition of a temporary community treatment plan may not continue for longer than 30 days after placement in the residential facility or imposition of a temporary community treatment plan unless a petition for an extended commitment to the residential facility or for imposition of a community treatment plan as provided in 53-20-121 has been filed.