53-20-128. Recommitment. (1) If the qualified mental retardation professional responsible for a resident's habilitation determines that the resident continues to be seriously developmentally disabled and in need of commitment to a residential facility beyond the term of the current commitment order, the qualified mental retardation professional shall request that a petition for recommitment be filed.
     (2) A petition for recommitment must be filed with the district court before the end of the current period of commitment.
     (3) The recommendation of the qualified mental retardation professional must be presented in a written report that includes a summary of the current habilitation plan for the resident.
     (4) The resident must be screened in accordance with 53-20-133 by the residential facility screening team.
     (5) Copies of the petition for recommitment and the report of the qualified mental retardation professional must be sent to:
     (a) the court that issued the current order;
     (b) the residential screening team;
     (c) the resident;
     (d) the resident's parents or guardian or next of kin, if any;
     (e) the attorney who most recently represented the resident, if any;
     (f) the responsible person appointed by the court, if any; and
     (g) the resident's advocate, if any.
     (6) If the residential facility screening team recommends that the resident be recommitted, the court may enter an order for recommitment without hearing unless a person notified as provided in subsection (5) requests that a hearing be held or the court determines that it would be in the best interest of the resident to hold a hearing.
     (7) If the court sets a hearing, the court shall provide notice to all of the persons notified pursuant to subsection (5).
     (8) A court may order a resident's recommitment to a residential facility if the court determines that the resident continues to be seriously developmentally disabled and in need of continued commitment to the residential facility. If the court finds that the resident is still in need of developmental disabilities services but does not require commitment to a residential facility or if all parties are willing for the resident to participate in a community-based program of habilitation, it shall refer the resident to the department of public health and human services to be considered for placement in community-based services according to 53-20-209. If the resident is placed in community-based services or if the need for developmental disabilities services no longer exists, the court shall dismiss the petition.
     (9) The court may not order recommitment to a residential facility that does not have an individualized habilitation plan for the resident.
     (10) At a hearing, the court may inquire concerning the suitability of continuing a resident's commitment to a residential facility.

     History: En. 38-1209 by Sec. 9, Ch. 468, L. 1975; amd. Sec. 3, Ch. 568, L. 1977; R.C.M. 1947, 38-1209(4), (5); amd. Sec. 4, Ch. 417, L. 1987; amd. Sec. 12, Ch. 381, L. 1991; amd. Sec. 14, Ch. 255, L. 1995; amd. Sec. 471, Ch. 546, L. 1995.