§ 53-20-125 — Outcome Of Screening -- Recommendation For Commitment Or Imposition Of Community Treatment Plan -- Hearing

53-20-125 . Outcome of screening -- recommendation for commitment or imposition of community treatment plan -- hearing. (1) A court may commit a person to a residential facility or impose a community treatment plan only if the person:
(a) is 18 years of age or older; and
(b) is determined to be seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan by the residential facility screening team, as provided in 53-20-133 , and by a court, as provided in 53-20-129 or in this section.
(2) After the screening required by 53-20-133 , the residential facility screening team shall file its written recommendation and report with the court. The report must include the factual basis for the recommendation and must describe any tests or evaluation devices that have been employed in evaluating the respondent. The residential facility screening team shall provide to the court, the county attorney, the respondent's attorney, and any other party requesting it the social and placement information that the team relied on in making its determination.
(3) The residential facility team may recommend commitment to a specific residential facility.
(4) Notice of the determination of the residential facility screening team must be mailed or delivered to:
(a) the respondent;
(b) the respondent's parents, guardian, or next of kin, if known;
(c) the responsible person;
(d) the respondent's advocate, if any;
(e) the county attorney;
(f) the residential facility to which the residential facility screening team has recommended commitment;
(g) the attorney for the respondent, if any; and
(h) the attorney for the parents or guardian, if any.
(5) The respondent, the respondent's parents or guardian, the responsible person, the respondent's advocate, if any, or the attorney for any party may request that a hearing be held on the recommendation of the residential facility screening team. The request for a hearing must be made in writing within 15 days of service of the report.
(6) Notice of the hearing must be mailed or delivered to each of the parties listed in subsection (5).
(7) The hearing must be held before the court without jury. The rules of civil procedure apply.
(8) Upon receiving the report of the residential facility screening team and after a hearing, if one is requested, the court shall enter findings of fact and take one of the following actions:
(a) If both the residential facility screening team and the court find that the respondent is seriously developmentally disabled and in need of commitment to a residential facility, the court shall order the respondent committed to a residential facility for an extended course of treatment and habilitation, subject to the provisions of subsection (12).
(b) If both the residential facility screening team and the court find that the respondent is seriously developmentally disabled but either the residential facility screening team or the court finds that a less restrictive community treatment plan has been proposed, the court may impose a community treatment plan that meets the conditions set forth in 53-20-133 (4). If the court finds that a community treatment plan proposed by the parties or recommended by the residential facility screening team does not meet the conditions set forth in 53-20-133 (4), it may order the respondent committed to a residential facility. The court may not impose a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions of 53-20-133 (4)(c) and (4)(d).
(c) If either the residential facility screening team or the court finds that the respondent has a developmental disability but is not seriously developmentally disabled, the court shall dismiss the petition and refer the respondent to the department of public health and human services to be considered for placement in voluntary community-based services according to 53-20-209 .
(d) If either the residential facility screening team or the court finds that the respondent does not have a developmental disability or is not in need of developmental disabilities services, the court shall dismiss the petition.
(9) (a) If the residential facility screening team recommends commitment to a residential facility or imposition of a community treatment plan and none of the parties notified of the recommendation request a hearing within 15 days of service of the screening team's report, the court may:
(i) issue an order committing the respondent to the residential facility for an extended period of treatment and habilitation;
(ii) issue an order imposing a community treatment plan that the court finds meets the conditions set forth in 53-20-133 (4); or
(iii) initiate its own inquiry as to whether an order should be granted.
(b) The court may not impose a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions in 53-20-133 (4)(c) and (4)(d).
(10) The court may refuse to authorize commitment of a respondent to a residential facility for an extended period of treatment and habilitation if commitment is not in the best interests of the respondent.
(11) A court order entered in a proceeding under this part must be provided to the residential facility screening team.
(12) (a) A court may not commit a respondent to a residential facility unless the facility has confirmed in writing that admission of the respondent will not cause the census at the residential facility to exceed its licensed capacity.
(b) After December 31, 2016, a court may not commit a respondent to the Montana developmental center.

Legislative History

En. 38-1208 by Sec. 8, Ch. 468, L. 1975; amd. Sec. 7, Ch. 37, L. 1977; amd. Sec. 2, Ch. 568, L. 1977; R.C.M. 1947, 38-1208(1) thru (4); amd. Sec. 3, Ch. 417, L. 1987; amd. Sec. 10, Ch. 381, L. 1991; amd. Sec. 11, Ch. 255, L. 1995; amd. Sec. 470, Ch. 546, L. 1995; amd. Sec. 56, Ch. 449, L. 2005; amd. Sec. 1, Ch. 34, L. 2007; amd. Sec. 6, Ch. 252, L. 2007; amd. Sec. 89, Ch. 2, L. 2009; amd. Sec. 9, Ch. 444, L. 2015.