53-20-121. Petition for involuntary treatment -- contents of. - Montana Statutes

     53-20-121. Petition for involuntary treatment -- contents of. (1) A person who believes that there is a person who is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan may request the county attorney to file a petition alleging that the person is seriously developmentally disabled and in need of commitment to a residential facility or imposition of a community treatment plan.
     (2) The petition must contain:
     (a) the name and address of the person requesting the petition and the person's interest in the case;
     (b) the name and address of the respondent;
     (c) the name and address of the parents or guardian of the respondent and of any other person believed to be legally responsible for the care, support, and maintenance of the respondent;
     (d) the name and address of the respondent's next of kin, to the extent known;
     (e) the name and address of any person who the county attorney believes might be willing and able to be appointed as a responsible person;
     (f) a description of the relief requested, whether commitment to a residential facility or imposition of a community treatment plan; and
     (g) a statement of the rights of the respondent and the respondent's parents or guardian that must be in conspicuous print and identified by a suitable heading.
     (3) If the petition requests imposition of a community treatment plan, a copy of the proposed community treatment plan must be attached to the petition.
     (4) The county attorney shall immediately mail a copy of the petition to the residential facility screening team, the respondent's parents or guardian, if any, and the respondent's counsel. The county attorney shall ensure that the petition is promptly hand-delivered to the respondent.

     History: En. 38-1205 by Sec. 5, Ch. 468, L. 1975; amd. Sec. 5, Ch. 37, L. 1977; R.C.M. 1947, 38-1205(1), (2); amd. Sec. 9, Ch. 381, L. 1991; amd. Sec. 10, Ch. 255, L. 1995; amd. Sec. 5, Ch. 252, L. 2007.