53-20-128. Recommitment -- extension of community treatment plan. (1) The qualified mental retardation professional responsible for a resident's habilitation or the case manager responsible for habilitation of a person under a community treatment plan may request that the county attorney file a petition for recommitment or extension of the order imposing the community treatment plan.
     (2) A petition for recommitment or extension must be filed with the district court before the end of the current period of commitment or the expiration of the order imposing the current community treatment plan.
     (3) A petition for recommitment or extension of a community treatment plan must be accompanied by a written report containing the recommendation of the qualified mental retardation professional or case manager and a summary of the current habilitation plan or community treatment plan for the respondent.
     (4) The petition must be reviewed 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 or case manager must be sent to:
     (a) the court that issued the current order;
     (b) the residential facility 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) The provisions of 53-20-125 apply to a petition for recommitment or extension of an order imposing a community treatment plan.
     (7) If either the court or the residential facility screening team finds that the respondent has been placed voluntarily in community-based services or that the need for developmental disabilities services no longer exists, the court shall dismiss the petition.
     (8) The court may not order recommitment to a residential facility that does not have an individualized habilitation plan for the resident.
     (9) The court may not extend an order imposing a community treatment plan unless the residential facility screening team certifies that all services in the proposed plan meet the conditions set forth in 53-20-133(4)(c) and (4)(d).

     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; amd. Sec. 8, Ch. 252, L. 2007; amd. Sec. 90, Ch. 2, L. 2009.