(1) The residential facility screening team, as provided in 53-20-125 and 53-20-133 , MCA, determines whether the individual is seriously developmentally disabled and, therefore, may be considered for commitment or recommitment to a residential facility.

(2) The residential facility screening is conducted as follows:

(a) when a petition is made to the district court requesting a commitment or recommitment to a residential facility, the district court refers the case to the residential facility screening team for a determination;

(b) the residential facility screening team completes the assessment process to determine whether the individual meets the definition of seriously developmentally disabled;

(i) if the residential facility screening team determines that the individual meets the definition of seriously developmentally disabled and, therefore, determines that commitment or recommitment to a residential facility is appropriate, the team may recommend to the court that the individual be committed, if the team determines that commitment is appropriate in that particular case; or

(ii) if the team does not find that the individual meets the definition of seriously developmentally disabled, the person may not be committed by the court.

(c) the team reports its determination to the court.

(3) The residential facility screening team, in making a determination, reviews the following:

(a) a comprehensive psychological evaluation that includes adaptive and maladaptive behavior;

(b) diagnosis;

(c) social history;

(d) current status or situation;

(e) comprehensive medical history including medications history;

(f) current and recommended treatment plan;

(g) narrative of current problems and attempted solutions;

(h) ancillary service reports available or obtained as needed;

(i) contact names for involved parties; and

(j) legal status.

(4) The information to be reviewed by the residential facility screening team may be obtained from a case manager, family members, an advocate, or others.

(5) A decision by the residential facility screening team to recommend commitment or recommitment must be by consensus of all the team members. If the team does not reach consensus, the team cannot recommend commitment or recommitment.

(6) The screening process is initiated when a notice of a properly filed petition has been sent to the residential facility screening team within the required time.

(7) If an individual has been placed by an emergency admission into a residential facility and a petition is not filed within the required timelines, the individual may be returned to the county of origin, in accordance with the residential facility's procedures. If, under these circumstances, the party who brought the individual to the residential facility does not come to get the person within 48 hours, residential facility staff may return the individual to the county of origin, in accordance with the residential facility's procedures.