53-20-133. Residential facility screening team -- referral by court -- membership -- rules. (1) When the district court receives a petition for commitment to a residential facility or for imposition of a community treatment plan under this part, the court, prior to proceeding, shall refer the respondent to the residential facility screening team for screening to determine whether commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.
     (2) A court may not commit a respondent to a residential facility or impose a community treatment plan under 53-20-125, 53-20-128, or 53-20-129 unless the residential facility screening team determines that commitment to a residential facility or imposition of a community treatment plan is appropriate for the respondent.
     (3) The residential facility screening team may not determine that commitment to a residential facility or imposition of a community treatment plan is appropriate on an extended basis unless the residential facility screening team determines that the respondent is seriously developmentally disabled.
     (4) The residential facility screening team may not recommend imposition of a community treatment plan unless it finds that the proposed plan:
     (a) provides adequate assurances of safety from the consequences of the behaviors of the respondent for both the respondent and the community;
     (b) provides effective habilitation services for the respondent's developmental disability;
     (c) is funded from public or private sources that are identified, committed, and available to pay for all of the proposed services to the respondent; and
     (d) ensures services from identified, qualified providers that are committed and available to provide all of the proposed services to the respondent.
     (5) For purposes of this part, the department of public health and human services shall adopt rules providing for the membership and terms of the members of the residential facility screening team and setting forth the criteria and procedures to govern the determinations made by the residential facility screening team.

     History: En. Sec. 1, Ch. 381, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 17, Ch. 255, L. 1995; amd. Sec. 472, Ch. 546, L. 1995; amd. Sec. 11, Ch. 252, L. 2007; amd. Sec. 91, Ch. 2, L. 2009.