HOUSE BILL NO. 162
INTRODUCED BY C. HINER
BY REQUEST OF THE PUBLIC DEFENDER COMMISSION
AN ACT REVISING THE REQUIREMENT FOR APPOINTMENT OF COUNSEL FOR A PERSON WITH A DEVELOPMENTAL DISABILITY IN A PROCEEDING FOR COMMITMENT TO A RESIDENTIAL FACILITY; AND AMENDING SECTION 53-20-125, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-20-125, MCA, is amended to read:
"53-20-125. Outcome of screening -- recommendation for commitment to residential facility -- hearing. (1) A person may be committed to a residential facility 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 by the residential screening team, as provided in 53-20-133, and by a court, as provided in 53-20-129 or in this section.
(2) If as a result of the screening required by 53-20-133 the residential facility screening team concludes that the respondent who has been evaluated is seriously developmentally disabled and recommends that the respondent be committed to a residential facility for treatment and habilitation on an extended basis, the 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.
(3) At the request of the respondent, the respondent's parents or guardian, or the responsible person, the The court shall order the office of state public defender, provided for in 47-1-201, to assign counsel for the respondent. If the parents are indigent and if the parents request it or if a guardian is indigent and 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.
(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;
(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.
(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) If the court finds that the respondent is seriously developmentally disabled and in need of commitment to a residential facility, it shall order the respondent committed to a residential facility for an extended course of treatment and habilitation. If the court finds that the respondent has a developmental disability but is not seriously developmentally disabled, it shall dismiss the petition and refer the respondent to the department of public health and human services to be considered for placement in community-based services according to 53-20-209. If the court finds that the respondent does not have a developmental disability or is not in need of developmental disability services, it shall dismiss the petition.
(9) If none of the parties notified of the recommendation request a hearing, the court may issue an order for the commitment of the respondent to the residential facility for an extended period of treatment and habilitation or the court may initiate its own inquiry as to whether the order should be granted.
(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) An order for commitment must be accompanied by findings of fact.
(12) A court order entered in a proceeding under this part must be provided to the residential facility screening team."
- END -
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