Montana Code Annotated 2023



Part 1. Services and Community Homes


53-19-102. Definitions. As used in this part, the following definitions apply:

(1) "Community home for persons with severe disabilities" means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205.

(2) "Department" means the department of public health and human services established in 2-15-2201.

(3) "Disability" means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973, 29 U.S.C. 796, et seq., as may be amended.

(4) "Live and function independently" means to have control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living.

(5) "Person with a severe disability" means the same as "individual with a severe disability" as defined in the federal Rehabilitation Act of 1973, 29 U.S.C. 706(15)(B), as may be amended. The term includes an individual whose ability to function independently in family or community or whose ability to engage or continue in employment is so limited by the severity of the physical or mental disability that the services provided under this part are required in order for the individual to achieve a greater level of independence in functioning in family or community or in engaging in or continuing in employment.

History: En. Sec. 2, Ch. 713, L. 1985; amd. Sec. 4, Ch. 514, L. 1987; amd. Sec. 2, Ch. 330, L. 1989; amd. Sec. 4, Ch. 326, L. 1993; amd. Sec. 466, Ch. 546, L. 1995; amd. Sec. 242, Ch. 42, L. 1997; amd. Sec. 61, Ch. 472, L. 1997.