53-20-121. Petition for involuntary treatment -- contents of. (1) A person who believes that there is a person who is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan may request the county attorney to file a petition alleging that the person is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan.
(2) The petition must contain:
(a) the name and address of the person requesting the petition and the person's interest in the case;
(b) the name and address of the respondent;
(c) the name and address of the parents or guardian of the respondent and of any other person believed to be legally responsible for the care, support, and maintenance of the respondent;
(d) the name and address of the respondent's next of kin, to the extent known;
(e) the name and address of any person who the county attorney believes might be willing and able to be appointed as a responsible person;
(f) a description of the relief requested, whether commitment to a residential facility or imposition of a community treatment plan; and
(g) a statement of the rights of the respondent and the respondent's parents or guardian that must be in conspicuous print and identified by a suitable heading.
(3) If the petition requests imposition of a community treatment plan, a copy of the proposed community treatment plan must be attached to the petition.
(4) The county attorney shall immediately mail a copy of the petition to the residential facility screening team, the respondent's parents or guardian, if any, and the respondent's counsel. The county attorney shall ensure that the petition is promptly hand-delivered to the respondent.
History: En. 38-1205 by Sec. 5, Ch. 468, L. 1975; amd. Sec. 5, Ch. 37, L. 1977; R.C.M. 1947, 38-1205(1), (2); amd. Sec. 9, Ch. 381, L. 1991; amd. Sec. 10, Ch. 255, L. 1995; amd. Sec. 5, Ch. 252, L. 2007.
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