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Rule: 37.34.2313 Prev     Up     Next    
Rule Title: RESIDENTIAL FACILITY SCREENING: APPEAL OF SCREENING TEAM DETERMINATION OR RECOMMENDATION
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Department: PUBLIC HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Chapter: DEVELOPMENTAL DISABILITIES PROGRAM
Subchapter: Certification of Professional Persons
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.34.2313    RESIDENTIAL FACILITY SCREENING: APPEAL OF SCREENING TEAM DETERMINATION OR RECOMMENDATION

(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.

History: Sec. 53-20-133, MCA; IMP, Sec. 53-20-125, 53-20-127, 53-20-128, 53-20-129 and 53-20-133, MCA; NEW, 1991 MAR p. 1849, Eff. 10/1/91; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2000 MAR p. 1653, Eff. 6/30/00.


 

 
MAR Notices Effective From Effective To History Notes
6/30/2000 Current History: Sec. 53-20-133, MCA; IMP, Sec. 53-20-125, 53-20-127, 53-20-128, 53-20-129 and 53-20-133, MCA; NEW, 1991 MAR p. 1849, Eff. 10/1/91; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2000 MAR p. 1653, Eff. 6/30/00.
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