Montana Code Annotated 2023



Part 2. Community-Based Services


53-20-202. Definitions. As used in this part, the following definitions apply:

(1) "Comprehensive developmental disability system" means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:

(a) evaluation services;

(b) diagnostic services;

(c) treatment services;

(d) day-care services;

(e) training services;

(f) education services;

(g) employment services;

(h) recreation services;

(i) personal-care services;

(j) domiciliary-care services;

(k) special living arrangements services;

(l) counseling services;

(m) information and referral services;

(n) follow-along services;

(o) protective and other social and sociolegal services, including case management services as defined in 42 CFR 440.169; and

(p) transportation services.

(2) "Department" means the department of public health and human services.

(3) "Developmental disabilities" means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability.

(4) "Developmental disabilities facility" means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis.

(5) "Legal resident" means a person who maintains Montana as the person's principal establishment, home of record, or permanent home and where, whenever absent due to military obligation, the person intends to return.

(6) "Military dependent" means a child of a military service member.

(7) "Military service" means service in the armed forces or armed forces reserves or membership in the Montana national guard.

(8) "Military service member" means a person who is currently in military service or who has separated from military service in the previous 18 months either through retirement or military separation.

History: En. 80-2612 by Sec. 2, Ch. 325, L. 1974; R.C.M. 1947, 80-2612; amd. and redes. 71-2402 by Sec. 1, Ch. 239, L. 1975; amd. Sec. 1, Ch. 559, L. 1977; R.C.M. 1947, 71-2402; amd. Sec. 113, Ch. 370, L. 1987; amd. Sec. 21, Ch. 255, L. 1995; amd. Sec. 475, Ch. 546, L. 1995; amd. Sec. 70, Ch. 472, L. 1997; amd. Sec. 3, Ch. 78, L. 2005; amd. Sec. 19, Ch. 68, L. 2013; amd. Sec. 2, Ch. 451, L. 2015; amd. Sec. 1, Ch. 394, L. 2019.