53-20-112. Procedural rights -- appointment of counsel. (1) A respondent has all the rights accorded to a person subject to involuntary commitment proceedings under the laws of this state relating to involuntary commitment of a person who suffers from a mental disorder and who requires commitment, as provided in 53-21-115 through 53-21-118.
(2) In addition, the parents or guardian of a respondent has the right to:
(a) be present at any hearing held pursuant to this part;
(b) be represented by counsel in any hearing;
(c) offer evidence and cross-examine witnesses in any hearing; and
(d) have the respondent examined by a professional of the parents' or guardian's choice when a professional is reasonably available unless the person chosen is objected to by the respondent or by a responsible person appointed by the court.
(3) Upon receipt of a petition for commitment, recommitment, or emergency commitment, the court shall order the office of the state public defender, provided for in 2-15-1029, to assign counsel for the respondent. If the parents are indigent and the parents request it or if the guardian is indigent and the guardian requests it, the court shall order the office of state public defender to assign counsel for the parents or guardian pending a determination of indigence pursuant to 47-1-111.
History: En. 38-1203 by Sec. 3, Ch. 468, L. 1975; R.C.M. 1947, 38-1203(1), (2); amd. Sec. 12, Ch. 38, L. 1979; amd. Sec. 6, Ch. 381, L. 1991; amd. Sec. 5, Ch. 255, L. 1995; amd. Sec. 13, Ch. 490, L. 1997; amd. Sec. 2, Ch. 252, L. 2007; amd. Sec. 36, Ch. 358, L. 2017.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Chapter 20. Developmental Disabilities
53-20-103. Residential institution to meet standards
53-20-104. Powers and duties of mental disabilities board of visitors
53-20-106. Certification of developmental disabilities professionals
53-20-107. Department to compile list of qualified developmental disabilities professionals
53-20-108. and 53-20-109 reserved
53-20-110. Community treatment plan -- elements -- placement
53-20-112. Procedural rights -- appointment of counsel
53-20-114. Appointment of responsible person
53-20-116. Residential facility screening team member -- testimony at hearing
53-20-121. Petition for involuntary treatment -- contents of
53-20-126. Maximum period of commitment or treatment plan
53-20-127. Transfer to another facility -- release to community-based alternative -- hearing
53-20-128. Recommitment -- extension of community treatment plan
53-20-129. Emergency admission and commitment
53-20-130. Patient transfers from mental health facilities
53-20-131. Placement in nonstate facility
53-20-133. Residential facility screening team -- referral by court -- membership -- rules
53-20-134. Court records to be kept separate -- sealed -- names omitted
53-20-135. through 53-20-139 reserved
53-20-140. Amendment to commitment order or treatment plan -- emergency amendment
53-20-141. Denial of legal rights
53-20-142. Rights while in residential facility
53-20-143. Right not to be fingerprinted
53-20-144. Rights concerning photographs
53-20-145. Right to be free from unnecessary or excessive medication
53-20-146. Right not to be subjected to certain treatment procedures
53-20-147. Right not to be subjected to experimental research
53-20-148. Right to habilitation
53-20-149. through 53-20-160 reserved
53-20-161. Maintenance of records
53-20-162. Training for resident care workers
53-20-163. Abuse of residents prohibited
53-20-165. Clothing for residents discharged or conditionally released