53-20-127. Transfer to another facility -- release to community-based alternative -- hearing. (1) If, at any time during the period for which a resident is committed to a residential facility for an extended period of habilitation and treatment, the qualified mental retardation professional responsible for the resident's habilitation decides that the resident no longer requires placement in a residential facility and that there exist sufficient community-based alternatives to provide adequate treatment and habilitation for the resident and adequate protection of the life and physical safety of the resident and others, the qualified mental retardation professional may release the resident to the community-based alternative.
     (2) Notice of the proposed release must be sent at least 15 days prior to the date of release to:
     (a) the resident;
     (b) the resident's parents or guardian;
     (c) the attorney who most recently represented the resident, if any;
     (d) the responsible person appointed by the court, if any;
     (e) the resident's advocate, if any; and
     (f) the court that ordered the commitment.
     (3) If a party that was notified objects to the release, the party may petition the court for a hearing to determine whether the release should be allowed. The hearing must comply with the procedures set forth in 53-20-125. The court may on its own initiative inquire concerning the propriety of the release.
     (4) A resident may be transferred without the notice provided in subsection (2) to a hospital or other medical facility for necessary medical treatment or to a mental health facility for emergency treatment provided that the emergency transfer complies with the statutory requirements for emergency detention of the mentally ill. Within 24 hours of an emergency medical or psychiatric transfer, notice must be given to the parents or guardian of the resident, the responsible person appointed by the court, if any, and the court.
     (5) If a person is committed to a residential facility for an extended course of habilitation without a hearing and if subsequent to commitment one of the parties who could have requested a hearing learns that an alternative course of treatment is available that is more suitable to the needs of the resident, the party may request the qualified mental retardation professional responsible for the resident's habilitation to release the resident to the alternative if it is a community-based alternative. A release must comply with the requirements of subsections (1) through (4). If the qualified mental retardation professional in charge of the resident refuses to authorize the release, the party may petition the court for a hearing to determine whether the resident's commitment should be continued. The hearing must comply with the procedures set forth in 53-20-125.

     History: (1)En. 38-1209 by Sec. 9, Ch. 468, L. 1975; amd. Sec. 3, Ch. 568, L. 1977; Sec. 38-1209, R.C.M. 1947; (2)En. 38-1208 by Sec. 8, Ch. 468, L. 1975; amd. Sec. 7, Ch. 37, L. 1977; amd. Sec. 2, Ch. 568, L. 1977; Sec. 38-1208, R.C.M. 1947; R.C.M. 1947, 38-1208(5), 38-1209(3); amd. Sec. 11, Ch. 381, L. 1991; amd. Sec. 13, Ch. 255, L. 1995.