2005 Montana Code Annotated - 53-20-133 — Residential facility screening team - referral by court - membership - rules.


     53-20-133. Residential facility screening team -- referral by court -- membership -- rules. (1) When the district court receives a petition for commitment to a residential facility under this part, the court, prior to proceeding, shall refer the respondent to the residential facility screening team for screening to determine whether placement and habilitation in a residential facility are appropriate for the respondent.
     (2) A court may not commit a respondent to a residential facility under 53-20-125, 53-20-128, or 53-20-129 unless the residential facility screening team determines that placement and habilitation in a residential facility are appropriate for the respondent.
     (3) The residential facility screening team may not determine that placement and habilitation in a residential facility are appropriate on an extended basis unless the residential facility screening team determines that the respondent is seriously developmentally disabled.
     (4) The residential facility screening team shall provide the court and the county attorney with the social and placement information relied upon by the residential facility screening team in making its determination.
     (5) For purposes of this part, the department of public health and human services shall adopt rules providing for the membership and terms of the members of the residential facility screening team and setting forth the criteria and procedures to govern the determinations made by the residential facility screening team.

     History: En. Sec. 1, Ch. 381, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 17, Ch. 255, L. 1995; amd. Sec. 472, Ch. 546, L. 1995.

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