Montana Code Annotated 2019

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 20. DEVELOPMENTAL DISABILITIES

Part 1. Treatment

Placement In Nonstate Facility

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.