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

Mont. Code Ann. § 53-20-121 (2026)

Petition For Involuntary Treatment -- Contents Of

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  1. MCA Contents
  2. TITLE 53
  3. CHAPTER 20
  4. Part 1
  5. 53-20-121 Petition for involuntary treatment -- contents of

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 20. DEVELOPMENTAL DISABILITIES

Part 1. Treatment

Petition For Involuntary Treatment -- Contents Of

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.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1992–2024 · leading case: Heller v. Doe ex rel. Doe, 509 U.S. 312 (1993).
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Heller v. Doe ex rel. Doe, 509 U.S. 312 (1993). · cites it 2× “(1988) (mental illness); Mont. Code Ann. § 53-20-121 et seq. (1991) (mental retardation); § 53-21-121 et seq.”
Smith v. Butte-Silver Bow Cnty., 878 P.2d 870 (Mont. 1994). · cites it 4× “civil penalties for health care facility violations and for long-term health care facility violations under §§ 50-5-112 and 52-3-605, MCA; • filing petitions for appointment of a guardian of an AFDC grant for the benefit of children under § 53-4-243, MCA; • filing petitions for…”
Matter of WM, 828 P.2d 378 (Mont. 1992). · cites it 2× “to MDC was filed under § 53-20-121, MCA (1989). That section allows a county attorney, at the request of a professional person, to file a petition alleging that a respondent is developmentally disabled and in need of developmental disability services.”
In re T.S.D., 2005 MT 35, 107 P.3d 481. · cites it 4× “Section 53-20-121(1), MCA. “Seriously developmentally disabled” means a person who (a) has a developmental disability; (b) is impaired in cognitive functioning; and (c) has behaviors that pose an imminent risk of serious harm to self or others or self-help deficits so severe as…”
In re W.M., 252 Mont. 225 (1992). · cites it 2× “to MDC was filed under § 53-20-121, MCA (1989). That section allows a county attorney, at the request of a professional person, to file a petition alleging that a respondent is developmentally disabled and in need of developmental disability services.”
T.M.B v. West Mont & State, 2024 MT 319. “Sections 53-20-121 through 165, MCA. ¶25 “Voluntary use” community-based facilities, on the other hand, are those “that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting.”
In Matter of Tsd, 2005 MT 35, 107 P.3d 481. · cites it 4× “Section 53-20-121(1), MCA. "Seriously developmentally disabled" means a person who (a) has a developmental disability; (b) is impaired in cognitive functioning; and (c) has behaviors that pose an imminent risk of serious harm to self or others or self-help deficits so severe as…”
United States v. White, 348 F. Supp. 3d 571 (E.D.N.C. 2018). “Mont. Code Ann. § 53-20-121 et seq. (2017) (commitment of seriously developmentally disabled individuals); Mont.”
Mont. Code Ann. § 53-20-121(1): 2 cases
In re T.S.D., 2005 MT 35, 107 P.3d 481. “Section 53-20-121(1), MCA. “Seriously developmentally disabled” means a person who (a) has a developmental disability; (b) is impaired in cognitive functioning; and (c) has behaviors that pose an imminent risk of serious harm to self or others or self-help deficits so severe as…”
In Matter of Tsd, 2005 MT 35, 107 P.3d 481. “Section 53-20-121(1), MCA. "Seriously developmentally disabled" means a person who (a) has a developmental disability; (b) is impaired in cognitive functioning; and (c) has behaviors that pose an imminent risk of serious harm to self or others or self-help deficits so severe as…”
Mont. Code Ann. § 53-20-121(3): 2 cases
In re T.S.D., 2005 MT 35, 107 P.3d 481. “Section 53-20-121(1), MCA. “Seriously developmentally disabled” means a person who (a) has a developmental disability; (b) is impaired in cognitive functioning; and (c) has behaviors that pose an imminent risk of serious harm to self or others or self-help deficits so severe as…”
In Matter of Tsd, 2005 MT 35, 107 P.3d 481. “Section 53-20-121(1), MCA. "Seriously developmentally disabled" means a person who (a) has a developmental disability; (b) is impaired in cognitive functioning; and (c) has behaviors that pose an imminent risk of serious harm to self or others or self-help deficits so severe as…”
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