Mont. Code Ann. » TITLE 53. SOCIAL SERVICES AND INSTITUTIONS · CHAPTER 21. MENTALLY ILL · Part 1. Treatment of the Seriously Mentally Ill
Montana Code Annotated

Mont. Code Ann. § 53-21-102 (2026)

Definitions

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 53
  3. CHAPTER 21
  4. Part 1
  5. 53-21-102 Definitions

TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 21. MENTALLY ILL

Part 1. Treatment of the Seriously Mentally Ill

Definitions

53-21-102. Definitions. As used in this chapter, the following definitions apply:

(1) "Abuse" means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility.

(2) "Behavioral health inpatient facility" means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency.

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

(4) "Commitment" means an order by a court requiring an individual to receive treatment for a mental disorder.

(5) "Community facility" means a facility that provides psychiatric or chemical dependency evaluation, treatment, and short-term habilitation of persons with a mental illness or disorder in a community setting and that provides any of the following:

(a) case management services;

(b) medication;

(c) stabilizing treatment;

(d) short-term inpatient treatment;

(e) chemical dependency treatment; or

(f) assertive community treatment.

(6) "Court" means any district court of the state of Montana.

(7) "Department" means the department of public health and human services provided for in 2-15-2201.

(8) "Emergency situation" means:

(a) a situation in which any person appears:

(i) to be, due to a mental disorder and due to the person's conduct, in imminent danger of death or harm to the person's self or another; and

(ii) to require commitment;

(b) a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety and:

(i) the situation presents a danger of death or bodily injury to the person's self or another; or

(ii) the situation reflects a consistent and pervasive history of being unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety; or

(c) a situation in which a person's criminal charges have been dismissed and the person must be involuntarily committed due to having been found unfit to proceed and determined to be incapable of being restored to fitness within the reasonably foreseeable future.

(9) "Friend of respondent" means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others.

(10) (a) "Mental disorder" or "mental illness" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions.

(b) The term does not include:

(i) addiction to drugs or alcohol;

(ii) drug or alcohol intoxication;

(iii) intellectual disability; or

(iv) epilepsy.

(c) A mental disorder may co-occur with addiction or chemical dependency.

(11) "Mental health facility" or "facility" means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a community facility, a category D assisted living facility, a community program, an appropriate course of inpatient treatment, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. A correctional institution or facility or jail is not a mental health facility within the meaning of this part.

(12) "Mental health professional" means:

(a) a certified professional person;

(b) a physician licensed under Title 37, chapter 3;

(c) a clinical professional counselor licensed under Title 37, chapter 39;

(d) a psychologist licensed under Title 37, chapter 17;

(e) a clinical social worker licensed under Title 37, chapter 39;

(f) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

(g) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

(h) a marriage and family therapist licensed under Title 37, chapter 39.

(13) (a) "Neglect" means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect.

(b) The term includes but is not limited to:

(i) deprivation of food, shelter, appropriate clothing, nursing care, or other services;

(ii) failure to follow a prescribed plan of care and treatment; or

(iii) failure to respond to a person in an emergency situation by indifference, carelessness, or intention.

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

(15) "Patient" means a person civilly committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time.

(16) "Peace officer" means any sheriff, deputy sheriff, marshal, police officer, or other peace officer.

(17) "Professional person" means:

(a) a medical doctor;

(b) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

(c) a licensed psychologist;

(d) a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

(e) a person who has been certified, as provided for in 53-21-106, by the department.

(18) "Reasonable medical certainty" means reasonable certainty as judged by the standards of a professional person.

(19) "Respondent" means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment.

(20) "Short term" means a period of not more than 6 months.

(21) "State hospital" means the Montana state hospital.

History: Ap. p. 38-1302 by Sec. 2, Ch. 466, L. 1975; amd. Sec. 9, Ch. 37, L. 1977; amd. Sec. 2, Ch. 546, L. 1977; Sec. 38-1302, R.C.M. 1947; (15)En. 38-106.1 by Sec. 3, Ch. 120, L. 1974; Sec. 38-106.1, R.C.M. 1947; R.C.M. 1947, 38-106.1, 38-1302; amd. Sec. 1, Ch. 547, L. 1979; amd. Sec. 18, Ch. 361, L. 1983; amd. Sec. 1, Ch. 578, L. 1983; amd. Sec. 1, Ch. 376, L. 1987; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 1, Ch. 312, L. 1993; amd. Sec. 486, Ch. 546, L. 1995; amd. Sec. 15, Ch. 490, L. 1997; amd. Sec. 2, Ch. 310, L. 2001; amd. Sec. 6, Ch. 342, L. 2001; amd. Sec. 2, Ch. 344, L. 2001; amd. Sec. 3, Ch. 513, L. 2003; amd. Sec. 1, Ch. 81, L. 2005; amd. Sec. 1, Ch. 71, L. 2007; amd. Sec. 1, Ch. 116, L. 2007; amd. Sec. 1, Ch. 80, L. 2009; amd. Sec. 1, Ch. 481, L. 2009; amd. Sec. 20, Ch. 68, L. 2013; amd. Sec. 1, Ch. 308, L. 2013; amd. Sec. 1, Ch. 133, L. 2017; amd. Sec. 28, Ch. 713, L. 2023; amd. Sec. 4, Ch. 608, L. 2025.

Notes of Decisions
Cited in 95 cases (8 in the last 5 years), 1979–2025 · leading case: In Re the Mental Health of D.V., 2007 MT 351 (Mont. 2007).
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In Re the Mental Health of D.V., 2007 MT 351 (Mont. 2007). · cites it 29× “was suffering from a mental disorder as defined in § 53-21-102(7), MCA; that he was unable to provide for his own basic needs of food, clothing, shelter, health and safety; and that he posed an imminent threat of injury to himself and to others.”
Buhr on Behalf of Lloyd v. Flathead Cnty., 886 P.2d 381 (Mont. 1994). · cites it 22× “The next instruction quoted the statutorily-stated purpose of the Montana Mental Health Act; it was followed by two instructions setting out statutory definitions of various terms as contained in § 53-21-102, MCA. The statutory duties of Mental Health and Flathead County were…”
Matter of Shennum, 684 P.2d 1073 (Mont. 1984). · cites it 12× “" Section 53-21-102(14), MCA. The same statute defines injury as physical injury.”
In Re the Mental Health of K.G.F., 2001 MT 140 (Mont. 2001). · cites it 4× “" [5] Under § 53-21-102, MCA, "mental disorder" means an organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions, and does not include addiction to drugs or alcohol, drug or alcohol intoxication, mental…”
In re the Mental Health of R.J.W., 736 P.2d 110 (Mont. 1987). · cites it 9× “Appellant claims there simply was not sufficient evidence to support a finding that he was seriously mentally ill as defined in Section 53-21-102, MCA. Section 53-21-102(14), MCA, defines “seriously mentally ill” to mean a person is suffering from a mental disorder which has…”
In Re Mental Health of C.R.C., 2004 MT 389 (Mont. 2004). · cites it 4× “¶ 28 The issue on appeal was whether there was sufficient evidence of an overt act to find the respondent "seriously mentally ill," as defined in § 53-21-102(15), MCA *1071 (1993). D.D., 277 Mont.”
In Re the Mental Health of L.C.B., 830 P.2d 1299 (Mont. 1992). · cites it 7× “Stone is a certified “professional person” pursuant to § 53-21-102(12), MCA. After visiting with the appellant in the Flathead County Jail, Dr.”
In the Matter of the Mental Health of Lk, 2008 MT 169 (Mont. 2008). · cites it 8× “Section 53-21-102(7), MCA (2005), defines an emergency situation as “a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment.”
In re F. B., 615 P.2d 867 (Mont. 1980). · cites it 12× “Based on the evidence adduced at the hearing, appellant was found to be seriously mentally ill within the meaning of section 53-21-102, MCA. A commitment order was entered by the court on the same day.”
In re G.P., 806 P.2d 3 (Mont. 1990). · cites it 14× ““is beyond a reasonable doubt seriously mentally ill as defined in Section 53-21-102 MCA” and ordered that G.”
In re B.O.T., 2015 MT 40 (Mont. 2015). · cites it 5× “Upon finding that a person suffers from a mental disorder, the court must then determine whether the respondent requires commitment by considering several criteria set forth in § 53-21-126(1), MCA, including “whether the respondent, because of a mental disorder, is substantially…”
In re D.M.S., 2009 MT 41 (Mont. 2009). · cites it 5× “” Appellant next argues these conditions do not constitute a mental disorder pursuant to § 53-21-102(9), MCA, or provide the causation necessary to find D.”
Show all 95 citing cases →
— Mont. Code Ann. § 53-21-102(10) — 3 cases
In re J.M., 704 P.2d 1037 (Mont. 1985).
Reiser v. Prunty, 727 P.2d 538 (Mont. 1986).
Matter of JM, 704 P.2d 1037 (Mont. 1985).
— Mont. Code Ann. § 53-21-102(10)(b) — 2 cases
In re J.M., 704 P.2d 1037 (Mont. 1985).
Matter of JM, 704 P.2d 1037 (Mont. 1985).
— Mont. Code Ann. § 53-21-102(11) — 3 cases
In re D. L. B., 389 P.3d 227 (Mont. 2017).
Patrick v. 4th Jud. Dist. Court (Mont. 2024).
Matter of D.L.B., 2017 MT 1 (Mont. 2017).
— Mont. Code Ann. § 53-21-102(12) — 2 cases
In Re the Mental Health of L.C.B., 830 P.2d 1299 (Mont. 1992). “Stone is a certified “professional person” pursuant to § 53-21-102(12), MCA. After visiting with the appellant in the Flathead County Jail, Dr.”
Mental Health of Lcb, 830 P.2d 1299 (Mont. 1992).
— Mont. Code Ann. § 53-21-102(12)(b) — 1 case
Buhr on Behalf of Lloyd v. Flathead Cnty., 886 P.2d 381 (Mont. 1994). “The next instruction quoted the statutorily-stated purpose of the Montana Mental Health Act; it was followed by two instructions setting out statutory definitions of various terms as contained in § 53-21-102, MCA. The statutory duties of Mental Health and Flathead County were…”
— Mont. Code Ann. § 53-21-102(14) — 26 cases
Matter of Shennum, 684 P.2d 1073 (Mont. 1984). “" Section 53-21-102(14), MCA. The same statute defines injury as physical injury.”
In Re Mental Health of Goedert, 591 P.2d 222 (Mont. 1979).
In re J.B., 705 P.2d 598 (Mont. 1985).
In re F. B., 615 P.2d 867 (Mont. 1980). “Based on the evidence adduced at the hearing, appellant was found to be seriously mentally ill within the meaning of section 53-21-102, MCA. A commitment order was entered by the court on the same day.”
In re the Mental Health of R.J.W., 736 P.2d 110 (Mont. 1987). “Appellant claims there simply was not sufficient evidence to support a finding that he was seriously mentally ill as defined in Section 53-21-102, MCA. Section 53-21-102(14), MCA, defines “seriously mentally ill” to mean a person is suffering from a mental disorder which has…”
— Mont. Code Ann. § 53-21-102(15) — 10 cases
In Re Mental Health of C.R.C., 2004 MT 389 (Mont. 2004). “¶ 28 The issue on appeal was whether there was sufficient evidence of an overt act to find the respondent "seriously mentally ill," as defined in § 53-21-102(15), MCA *1071 (1993). D.D., 277 Mont.”
In Re the Mental Health of L.C.B., 830 P.2d 1299 (Mont. 1992). “Stone is a certified “professional person” pursuant to § 53-21-102(12), MCA. After visiting with the appellant in the Flathead County Jail, Dr.”
Matter of DD, 920 P.2d 973 (Mont. 1996).
In re D.D., 277 Mont. 164 (Mont. 1996).
In re G.P., 806 P.2d 3 (Mont. 1990). ““is beyond a reasonable doubt seriously mentally ill as defined in Section 53-21-102 MCA” and ordered that G.”
— Mont. Code Ann. § 53-21-102(16) — 3 cases
In Re Gm, 2008 MT 200 (Mont. 2008).
In re G. M., 2008 MT 200 (Mont. 2008).
Matter of: J.L.O., 2025 MT 251 (Mont. 2025).
— Mont. Code Ann. § 53-21-102(16)(e) — 1 case
Matter of: J.L.O., 2025 MT 251 (Mont. 2025).
— Mont. Code Ann. § 53-21-102(4) — 7 cases
In re the Mental Health of R.J.W., 736 P.2d 110 (Mont. 1987). “Appellant claims there simply was not sufficient evidence to support a finding that he was seriously mentally ill as defined in Section 53-21-102, MCA. Section 53-21-102(14), MCA, defines “seriously mentally ill” to mean a person is suffering from a mental disorder which has…”
In re M.C., 716 P.2d 203 (Mont. 1986).
Reiser v. Prunty, 727 P.2d 538 (Mont. 1986).
State v. Robertson, 2015 MT 341 (Mont. 2015).
In re G.J.P., 880 P.2d 1311 (Mont. 1994).
— Mont. Code Ann. § 53-21-102(5) — 1 case
Matter of JB, 705 P.2d 598 (Mont. 1985).
— Mont. Code Ann. § 53-21-102(7) — 6 cases
In the Matter of the Mental Health of Lk, 2008 MT 169 (Mont. 2008). “Section 53-21-102(7), MCA (2005), defines an emergency situation as “a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment.”
In Re the Mental Health of D.V., 2007 MT 351 (Mont. 2007). “was suffering from a mental disorder as defined in § 53-21-102(7), MCA; that he was unable to provide for his own basic needs of food, clothing, shelter, health and safety; and that he posed an imminent threat of injury to himself and to others.”
Buhr on Behalf of Lloyd v. Flathead Cnty., 886 P.2d 381 (Mont. 1994). “The next instruction quoted the statutorily-stated purpose of the Montana Mental Health Act; it was followed by two instructions setting out statutory definitions of various terms as contained in § 53-21-102, MCA. The statutory duties of Mental Health and Flathead County were…”
State v. Ehrlich, 26 P.3d 481 (Ariz. 2001).
Matter of R.B., 2020 MT 169N (Mont. 2020).
— Mont. Code Ann. § 53-21-102(8) — 15 cases
In Re the Mental Health of D.V., 2007 MT 351 (Mont. 2007). “was suffering from a mental disorder as defined in § 53-21-102(7), MCA; that he was unable to provide for his own basic needs of food, clothing, shelter, health and safety; and that he posed an imminent threat of injury to himself and to others.”
In Re the Mental Health of O.R.B., 2008 MT 301 (Mont. 2008).
Buhr on Behalf of Lloyd v. Flathead Cnty., 886 P.2d 381 (Mont. 1994). “The next instruction quoted the statutorily-stated purpose of the Montana Mental Health Act; it was followed by two instructions setting out statutory definitions of various terms as contained in § 53-21-102, MCA. The statutory duties of Mental Health and Flathead County were…”
In re the Mental Health of J.D.L., 2008 MT 445 (Mont. 2008).
In re R.W.K., 2013 MT 54 (Mont. 2013).
— Mont. Code Ann. § 53-21-102(9) — 11 cases
In re D.M.S., 2009 MT 41 (Mont. 2009). “” Appellant next argues these conditions do not constitute a mental disorder pursuant to § 53-21-102(9), MCA, or provide the causation necessary to find D.”
T.L.S. v. Montana Advocacy Prog., 2006 MT 262 (Mont. 2006).
In re R.F., 2013 MT 59 (Mont. 2013).
In re L.L.A., 2011 MT 285 (Mont. 2011).
Matter of R.F., 2013 MT 59 (Mont. 2013).
— Mont. Code Ann. § 53-21-102(9)(a) — 12 cases
In re B.O.T., 2015 MT 40 (Mont. 2015). “Upon finding that a person suffers from a mental disorder, the court must then determine whether the respondent requires commitment by considering several criteria set forth in § 53-21-126(1), MCA, including “whether the respondent, because of a mental disorder, is substantially…”
In re S.M., 2014 MT 309 (Mont. 2014).
In re A.K., 2006 MT 166 (Mont. 2006).
In re S.L., 2014 MT 317 (Mont. 2014).
In re C.B., 392 P.3d 598 (Mont. 2017).
— Mont. Code Ann. § 53-21-102(9)(b) — 2 cases
In re the Mental Health of T.J.F., 2011 MT 28 (Mont. 2011).
In Re Tjf, 2011 MT 28 (Mont. 2011).
— Mont. Code Ann. § 53-21-102(9)(b)(i) — 2 cases
In re A.K., 2006 MT 166 (Mont. 2006).
Matter of A.K., 2006 MT 166 (Mont. 2006).
— Mont. Code Ann. § 53-21-102(9)(c) — 2 cases
In re the Mental Health of T.J.F., 2011 MT 28 (Mont. 2011).
In Re Tjf, 2011 MT 28 (Mont. 2011).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.