Montana Code Annotated 2019

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 20. DEVELOPMENTAL DISABILITIES

Part 1. Treatment

Waiver Of Rights

53-20-113. Waiver of rights. (1) A respondent may waive the respondent's procedural rights provided that the waiver is knowingly and intentionally made.

(2) The right to counsel in a hearing held pursuant to 53-20-125 may not be waived.

(3) The right to habilitation provided for in this part may not be waived.

(4) A respondent may knowingly and intentionally waive the respondent's rights only with the concurrence of the respondent's counsel, if any, or, if the respondent has no counsel, the respondent's parents, guardian, or other responsible person appointed by the court.

History: En. 38-1203 by Sec. 3, Ch. 468, L. 1975; R.C.M. 1947, 38-1203(3) thru (5); amd. Sec. 7, Ch. 381, L. 1991; amd. Sec. 6, Ch. 255, L. 1995.