Montana Code 53-20-133. Residential facility screening team — referral by court — membership — rules
53-20-133. Residential facility screening team — referral by court — membership — rules. (1) When the district court receives a petition for commitment to a residential facility or for imposition of a community treatment plan under this part, the court, prior to proceeding, shall refer the respondent to the residential facility screening team for screening to determine whether commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.
Terms Used In Montana Code 53-20-133
- 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
- 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 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
- 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
- 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
- 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
(2)A court may not commit a respondent to a residential facility or impose a community treatment plan under 53-20-125, 53-20-128, or 53-20-129 unless the residential facility screening team determines that commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.
(3)The residential facility screening team may not determine that commitment to a residential facility or imposition of a community treatment plan is appropriate on an extended basis unless the residential facility screening team determines that the respondent is seriously developmentally disabled.
(4)The residential facility screening team may not recommend imposition of a community treatment plan unless it finds that the proposed plan:
(a)provides adequate assurances of safety from the consequences of the behaviors of the respondent for both the respondent and the community;
(b)provides effective habilitation services for the respondent’s developmental disability;
(c)is funded from public or private sources that are identified, committed, and available to pay for all of the proposed services to the respondent; and
(d)ensures services from identified, qualified providers that are committed and available to provide all of the proposed services to the respondent.
(5)For purposes of this part, the department of public health and human services shall adopt rules providing for the membership and terms of the members of the residential facility screening team and setting forth the criteria and procedures to govern the determinations made by the residential facility screening team.