Mont. Code Ann. » TITLE 53. SOCIAL SERVICES AND INSTITUTIONS · CHAPTER 20. DEVELOPMENTAL DISABILITIES · Part 1. Treatment
Montana Code Annotated

Mont. Code Ann. § 53-20-102 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 53
  3. CHAPTER 20
  4. Part 1
  5. 53-20-102 Definitions

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 20. DEVELOPMENTAL DISABILITIES

Part 1. Treatment

Definitions

53-20-102. Definitions. As used in this part, the following definitions apply:

(1) (a) "Available" means:

(i) that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;

(ii) that funding for the services has been identified and committed for the person's immediate use; and

(iii) that all providers have offered the necessary services for the person's immediate use.

(b) A service is not available simply because similar services are offered by one or more providers in one or more locations to other individuals or because the person has been placed on a waiting list for services or funding.

(2) "Board" or "mental disabilities board of visitors" means the mental disabilities board of visitors created by 2-15-211.

(3) "Case manager" means a person who is responsible for service coordination, planning, and crisis intervention for persons who are eligible for community-based developmental disabilities services from the department of public health and human services.

(4) "Census" means the number of residents occupying beds in a residential facility on a particular date.

(5) "Community treatment plan" means a comprehensive, individualized plan of care that addresses the habilitation needs of and the risks posed by the behaviors of a respondent who is found to be seriously developmentally disabled.

(6) "Community-based facilities" or "community-based services" means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting.

(7) "Court" means a district court of the state of Montana.

(8) "Developmental disabilities professional" means a licensed psychologist, a licensed psychiatrist, or a person with a master's degree in psychology, who:

(a) has training and experience in psychometric testing and evaluation;

(b) has experience in the field of developmental disabilities; and

(c) is certified, as provided in 53-20-106, by the department of public health and human services.

(9) "Developmental disability" means a disability that:

(a) is attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability;

(b) requires treatment similar to that required by intellectually disabled individuals;

(c) originated before the individual attained age 18;

(d) has continued or can be expected to continue indefinitely; and

(e) results in the person having a substantial disability.

(10) "Habilitation" means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. Habilitation includes but is not limited to formal, structured education and treatment.

(11) "Individual treatment planning team" means the interdisciplinary team of persons involved in and responsible for the habilitation of a resident. The resident is a member of the team.

(12) "Next of kin" includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person.

(13) "Qualified intellectual disability professional" means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility.

(14) "Resident" means a person committed to a residential facility.

(15) "Residential facility" or "facility" means:

(a) the Montana developmental center; or

(b) a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14.

(16) "Residential facility screening team" means a team of persons, appointed as provided in 53-20-133, that is responsible for screening a respondent to determine if the commitment of the respondent to a residential facility or the imposition of a community treatment plan is appropriate.

(17) "Respondent" means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan.

(18) "Responsible person" means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled.

(19) "Seriously developmentally disabled" means a person who:

(a) has a developmental disability;

(b) is impaired in cognitive functioning; and

(c) cannot be safely and effectively habilitated through voluntary use of community-based services because of behaviors that pose an imminent risk of serious harm to self or others.

History: En. 38-1202 by Sec. 2, Ch. 468, L. 1975; amd. Sec. 4, Ch. 37, L. 1977; amd. Sec. 1, Ch. 568, L. 1977; R.C.M. 1947, 38-1202(part); amd. Sec. 3, Ch. 132, L. 1983; amd. Sec. 1, Ch. 137, L. 1983; amd. Sec. 1, Ch. 569, L. 1983; amd. Sec. 5, Ch. 151, L. 1985; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 2, Ch. 381, L. 1991; amd. Sec. 1, Ch. 255, L. 1995; amd. Sec. 467, Ch. 546, L. 1995; amd. Sec. 67, Ch. 472, L. 1997; amd. Sec. 3, Ch. 575, L. 2003; amd. Sec. 1, Ch. 27, L. 2005; amd. Sec. 1, Ch. 122, L. 2007; amd. Sec. 1, Ch. 252, L. 2007; amd. Sec. 10, Ch. 68, L. 2013; amd. Sec. 7, Ch. 444, L. 2015.

Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1982–2024 · leading case: In Re Gm, 2008 MT 200 (Mont. 2008).
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In Re Gm, 2008 MT 200 (Mont. 2008). · cites it 7× “'s case, as required by § 53-20-133, MCA (2005), to determine whether he continued to meet the criteria to be determined "seriously developmentally disabled" as defined by § 53-20-102(15), MCA (2005), and should be recommitted to MDC for a year.”
In re G.M., 2009 MT 59 (Mont. 2009). · cites it 17× “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
In Re Gm, 2009 MT 59 (Mont. 2009). · cites it 17× “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
State v. Austad, 641 P.2d 1373 (Mont. 1982). · cites it 3× “Defendant also argues that, because he suffers from cerebral palsy (apparently as a result of injuries sustained in the accident), he is developmental^ disabled under section 53-20-102, MCA, and the trial court erred in not finding him unfit to stand trial.”
T.L.S. v. Montana Advocacy Prog., 2006 MT 262 (Mont. 2006). · cites it 6× “Section 53-20-102(15), MCA (2003). ¶4 In October of 2003, the QMRP in charge of T.”
In re T.S.D., 2005 MT 35 (Mont. 2005). · cites it 12× “Section 53-20-102(11), MCA. ¶16 A copy of the petition must be sent to the residential facility screening team (RFST), which is a team of appointed persons “responsible for screening a respondent to determine if the commitment of the respondent to a residential facility is…”
In re G. M., 2008 MT 200 (Mont. 2008). · cites it 7× “’s case, as required by § 53-20-133, MCA (2005), to determine whether he continued to meet the criteria to be determined “seriously developmentally disabled” as defined by § 53-20-102(15), MCA (2005), and should be recommitted to MDC for a year.”
In re L.S., 2009 MT 83 (Mont. 2009). · cites it 18× “The RFST reports to the court its determination of whether the individual is seriously developmentally disabled as defined in § 53-20-102(15), MCA (2005): “Seriously developmentally disabled” means a person who: (a) has a developmental disability; (b) is impaired in cognitive…”
In the Matter of Ls, 2009 MT 83 (Mont. 2009). · cites it 16× “The RFST reports to the court its determination of whether the individual is seriously developmentally disabled asdefined in § 53-20-102(15), MCA (2005): "Seriously developmentally disabled" means a person who: (a) has a developmental disability; (b) is impaired in cognitive…”
In Re Tp, 2008 MT 266 (Mont. 2008). · cites it 3× “]" Section 53-20-102(15), MCA (2005). ¶ 12 No dispute exists that T.”
In Re Tw, 2005 MT 340 (Mont. 2005). · cites it 2× “According to § 53-20-102(15), MCA (2001), "[s]eriously developmentally disabled" refers to a person who: (a) has a developmental disability; (b) is impaired in cognitive functioning; and (c) has behaviors that post an imminent risk of serious harm to self or others .”
Matter of WM, 828 P.2d 378 (Mont. 1992). · cites it 2× “was committed to MDC, the District Court heard the following evidence: Glen Cuchine, an MDC employee who qualified as a "professional person" under § 53-20-102(7), MCA (1989), testified that he had evaluated W.”
Show all 20 citing cases →
Mont. Code Ann. § 53-20-102(1): 2 cases
In re G.M., 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
In Re Gm, 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
Mont. Code Ann. § 53-20-102(10): 1 case
T.M.B v. West Mont & State, 2024 MT 319 (Mont. 2024).
Mont. Code Ann. § 53-20-102(11): 2 cases
In re T.S.D., 2005 MT 35 (Mont. 2005). “Section 53-20-102(11), MCA. ¶16 A copy of the petition must be sent to the residential facility screening team (RFST), which is a team of appointed persons “responsible for screening a respondent to determine if the commitment of the respondent to a residential facility is…”
In Matter of Tsd, 2005 MT 35 (Mont. 2005).
Mont. Code Ann. § 53-20-102(14): 1 case
T.M.B v. West Mont & State, 2024 MT 319 (Mont. 2024).
Mont. Code Ann. § 53-20-102(15): 13 cases
In Re Gm, 2008 MT 200 (Mont. 2008). “'s case, as required by § 53-20-133, MCA (2005), to determine whether he continued to meet the criteria to be determined "seriously developmentally disabled" as defined by § 53-20-102(15), MCA (2005), and should be recommitted to MDC for a year.”
In re L.S., 2009 MT 83 (Mont. 2009). “The RFST reports to the court its determination of whether the individual is seriously developmentally disabled as defined in § 53-20-102(15), MCA (2005): “Seriously developmentally disabled” means a person who: (a) has a developmental disability; (b) is impaired in cognitive…”
In re T.S.D., 2005 MT 35 (Mont. 2005). “Section 53-20-102(11), MCA. ¶16 A copy of the petition must be sent to the residential facility screening team (RFST), which is a team of appointed persons “responsible for screening a respondent to determine if the commitment of the respondent to a residential facility is…”
In the Matter of Ls, 2009 MT 83 (Mont. 2009). “The RFST reports to the court its determination of whether the individual is seriously developmentally disabled asdefined in § 53-20-102(15), MCA (2005): "Seriously developmentally disabled" means a person who: (a) has a developmental disability; (b) is impaired in cognitive…”
In re G. M., 2008 MT 200 (Mont. 2008). “’s case, as required by § 53-20-133, MCA (2005), to determine whether he continued to meet the criteria to be determined “seriously developmentally disabled” as defined by § 53-20-102(15), MCA (2005), and should be recommitted to MDC for a year.”
Mont. Code Ann. § 53-20-102(15)(c): 2 cases
In Re Gm, 2008 MT 200 (Mont. 2008). “'s case, as required by § 53-20-133, MCA (2005), to determine whether he continued to meet the criteria to be determined "seriously developmentally disabled" as defined by § 53-20-102(15), MCA (2005), and should be recommitted to MDC for a year.”
In re G. M., 2008 MT 200 (Mont. 2008). “’s case, as required by § 53-20-133, MCA (2005), to determine whether he continued to meet the criteria to be determined “seriously developmentally disabled” as defined by § 53-20-102(15), MCA (2005), and should be recommitted to MDC for a year.”
Mont. Code Ann. § 53-20-102(18): 2 cases
In re G.M., 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
In Re Gm, 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
Mont. Code Ann. § 53-20-102(18)(c): 2 cases
In re G.M., 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
In Re Gm, 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
Mont. Code Ann. § 53-20-102(19): 1 case
T.M.B v. West Mont & State, 2024 MT 319 (Mont. 2024).
Mont. Code Ann. § 53-20-102(5): 3 cases
T.L.S. v. Montana Advocacy Prog., 2006 MT 262 (Mont. 2006). “Section 53-20-102(15), MCA (2003). ¶4 In October of 2003, the QMRP in charge of T.”
In re G.M., 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
In Re Gm, 2009 MT 59 (Mont. 2009). “Section 53-20-102(1), MCA. Therefore as a matter of statutory construction, the District Court properly considered whether community-based services to safely and effectively habilitate G.”
Mont. Code Ann. § 53-20-102(6): 1 case
T.M.B v. West Mont & State, 2024 MT 319 (Mont. 2024).
Mont. Code Ann. § 53-20-102(7): 2 cases
Matter of WM, 828 P.2d 378 (Mont. 1992). “was committed to MDC, the District Court heard the following evidence: Glen Cuchine, an MDC employee who qualified as a "professional person" under § 53-20-102(7), MCA (1989), testified that he had evaluated W.”
In re W.M., 252 Mont. 225 (Mont. 1992).
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