Montana Code 53-21-199. Option for diversion from involuntary commitment to Montana state hospital
53-21-199. Option for diversion from involuntary commitment to Montana state hospital. (1) Subject to subsection (3), a person with a mental disorder who is detained under 53-21-120(4) may, upon meeting the requirements in 50-5-226(5), request diversion to a category D assisted living facility.
Terms Used In Montana Code 53-21-199
- Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- Dependent: A person dependent for support upon another.
- 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
- Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. 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
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- 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
(2)If a court, after obtaining the results of an examination as provided in 53-21-123, finds that a short-term inpatient treatment is inappropriate for a person who otherwise is eligible for involuntary commitment to the Montana state hospital, the court may initiate the process necessary to determine eligibility for residency in a category D assisted living facility.
(3)For a person to be eligible for diversion from the Montana state hospital to a category D assisted living facility, a court determination and an examination under 53-21-123 must indicate that the person:
(a)is not suffering acute psychosis;
(b)is experiencing behavioral patterns that may make the person a danger to self or others;
(c)is dependent on assistance for two or more activities of daily living; and
(d)is more likely to benefit from being in a category D assisted living facility than in the Montana mental health nursing care center or the Montana state hospital.