53-20-131. Placement in nonstate facility. (1) Consistent with other provisions of this part, a person admitted to a residential facility under this part for a period of more than 30 days may be committed by the court to the custody of friends or next of kin residing outside the state or transferred to an out-of-state facility for the habilitation of persons who are persons with developmental disabilities if the out-of-state facility agrees to receive the person. The commitment or transfer may not be for a longer period of time than is permitted within Montana. If the person is indigent, the expense of supporting the person in an out-of-state facility and the expense of transportation must be borne by the state of Montana.
(2) The transfer of persons admitted to a residential facility outside of Montana under the provisions of this part or into Montana under the laws of another jurisdiction must be governed by the provisions of the Interstate Compact on Mental Health.
History: En. 38-1218 by Sec. 18, Ch. 468, L. 1975; R.C.M. 1947, 38-1218; amd. Sec. 6, Ch. 151, L. 1985; amd. Sec. 14, Ch. 381, L. 1991; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 1907, Ch. 56, L. 2009.
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