Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.34 - DEVELOPMENTAL DISABILITIES PROGRAM
Subchapter 37.34.23 - Certification of Professional Persons
Rule 37.34.2313 - RESIDENTIAL FACILITY SCREENING: APPEAL OF SCREENING TEAM DETERMINATION OR RECOMMENDATION
Current through Register Vol. 18, September 20, 2024
(1) If the residential facility screening team determines that the individual is not seriously developmentally disabled and therefore a commitment or recommitment is not appropriate, the individual or the individual's authorized representative aggrieved by the determination may request a fair hearing as provided in ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.316, 37.5.318, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337, from the department, within 30 days of the determination that the individual is not seriously developmentally disabled.
(2) If the residential facility screening team recommends commitment or recommitment, the recommendation goes to the district court, and the parties can request a hearing from the court, as provided in 53-20-125, MCA.
Sec. 53-20-133, MCA; IMP, Sec. 53-20-125, 53-20-127, 53-20-128, 53-20-129 and 53-20-133, MCA;
