Mont. Admin. R. 20.9.210 - REMOVING A YOUTH WITH A MENTAL DISORDER FROM A STATE YOUTH CORRECTIONAL FACILITY
(1) A youth correctional facility must remove
a youth committed to it if the facility learns that the youth suffers from a
mental disorder and, because of the mental disorder, the youth:
(a) is substantially unable to provide for
the youth's own basic needs including the youth's health or safety; i.e.,
cannot provide for the youth's hygiene;
(b) has recently caused self-injury or injury
to others;
(c) presents an imminent
threat of injury to himself/herself or others; or
(d) the youth's disorder will, if untreated,
predictably deteriorate to the point the youth will become a danger to
himself/herself or to others.
(2) Treatment staff in a youth correctional
facility will assess youth at the following times to determine if the youth
suffers from a mental disorder and the youth meets any of the criteria in
(1)(a) through (d):
(a) at the time of the
admission to the facility;
(b) at
regular intervals if the youth has been diagnosed with a mental disorder or if
the youth has been prescribed psychotropic medications for a mental disorder;
and
(c) if the youth's behavior
suddenly changes and the youth becomes aggressive, assaultive, self-injurious,
or dangerous.
(3) If,
after assessment by the correctional facility treatment staff, the facility has
reason to believe the youth suffers from a mental disorder and meets one of the
criteria in (1)(a) through (d), the facility will obtain an evaluation of the
youth by a medical doctor, an advanced practice registered nurse with a
clinical specialty in psychiatric mental health nursing, a licensed
psychologist, or a person who has been certified by the Department of Public
Health and Human Services.
(4) If
the person listed in (3) certifies that the youth suffers from a mental
disorder and meets one of the criteria in (1)(a) through (d), the facility will
make application to Medicaid and to in-state psychiatric residential treatment
facilities for residential psychiatric treatment of the youth. If no in-state
psychiatric residential treatment facilities will accept the youth, the
facility will make application to out-of-state psychiatric residential
treatment facilities.
(5) When a
youth correctional facility places a youth in a psychiatric residential
treatment facility, it will periodically discuss the youth's progress with the
treatment facility. If the youth makes sufficient progress so the youth no
longer suffers from a mental disorder or no longer meets any of the criteria in
(1)(a) through (d), the youth correctional facility will take the youth back in
the facility, or may release the youth to juvenile parole.
Notes
41-5-2006, MCA; IMP, 41-5-1504, 41-5-2006, MCA;
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