Montana Code 53-21-112. Voluntary admission of minors
53-21-112. Voluntary admission of minors. (1) Notwithstanding any other provision of law, a parent or guardian of a minor may consent to mental health services to be rendered to the minor by:
Terms Used In Montana Code 53-21-112
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
- 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.
- Mental health professional: means :
(a)a certified professional person;
(b)a physician licensed under Title 37, chapter 3;
(c)a clinical professional counselor licensed under Title 37, chapter 39;
(d)a psychologist licensed under Title 37, chapter 17;
(e)a clinical social worker licensed under Title 37, chapter 39;
(f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(h)a marriage and family therapist licensed under Title 37, chapter 39. See Montana Code 53-21-102
- Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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
- State hospital: means the Montana state hospital. See Montana Code 53-21-102
(a)a facility;
(b)a person licensed in this state to practice medicine; or
(c)a mental health professional licensed in this state.
(2)A minor who is at least 16 years of age may, without the consent of a parent or guardian, consent to receive mental health services from those facilities or persons listed in subsection (1).
(3)Except as provided by this section, the provisions of 53-21-111 apply to the voluntary admission of a minor to a mental health facility but not to the state hospital.
(4)Except as provided by this subsection, voluntary admission of a minor to a mental health facility for an inpatient course of treatment is for the same period of time as that for an adult. A minor voluntarily admitted with consent of the minor’s parent or guardian has the right to be released within 5 days of a request by the parent or guardian as provided in 53-21-111(3). A minor who has been admitted without consent by a parent or guardian, pursuant to subsection (2), may also make a request and also has the right to be released within 5 days as provided in 53-21-111(3). Unless there has been a periodic review and a voluntary readmission consented to by the parent or guardian in the case of a minor patient or consented to by the minor alone in the case of a minor patient who is at least 16 years of age, voluntary admission terminates at the expiration of 1 year. At the minor’s request or at any time that the minor is faced with potential legal proceedings, the court shall order the office of state public defender, provided for in 2-15-1029, to assign counsel for the minor.