Fergus County Takes Over Mental Health Recommitment Process
The Fergus County Attorney’s office is now in charge of the recommitment process for patients at the Montana Mental Health Nursing Care Center in Lewistown. This change comes from a shift away from the Montana Department of Public Health and Human Services (DPHHS) overseeing this process. The move is expected to streamline procedures for patients and will generate around $24,000 for the county.
Civil mental health commitments happen when someone can’t take care of their basic needs or poses a risk to themselves or others due to mental health issues. In these situations, a legal process is initiated where the County Attorney files a petition for commitment. A mental health expert evaluates the individual, and a judge then decides on the commitment length. Afterward, recommitment reviews ensure that the individual still needs care.
According to County Attorney Kent Sipe, recommitment procedures must follow a specific timeline to confirm that patients are still in need of institutional care.
“Since about 2000 or 2001, the law has required that anyone committed to a state facility undergoes recommitment evaluations at intervals of 90 days, six months, one year, and then annually,” Sipe said.
Individuals have the right to protest their commitment during this process, and the court must review each case to assess if the person still requires care.
Sipe pointed out that while DPHHS used to handle these hearings from Helena, it wasn’t always feasible for them to be present. “We thought it was better if this was done locally. There had been issues with staff changes, and the process requires proper handling,” he explained. “Delays in the courts were frustrating.”
The switch to the County Attorney’s office is seen as a mutually beneficial arrangement. DPHHS can count on the local office for these hearings, while Fergus County receives $24,000 from the state.
“There are about 60 recommitment cases each year, with 12 to 15 of those being contested. We already have this year’s list of cases, and being local should help us complete all necessary paperwork promptly,” Sipe said.
Sipe is optimistic about managing the additional workload, noting that any of the four attorneys in his office can take on these cases. “We’re already familiar with mental health commitments, and I believe this will streamline the process, ensuring we meet deadlines. This is beneficial for the patients and everyone involved,” he commented.
Earlier this year, Sipe requested to expand a part-time position in his office to full-time to accommodate the new responsibilities. Fergus County Commissioners agreed but encouraged him to explore ways to bring in more revenue, which this new agreement accomplishes.
Sipe has been collaborating with DPHHS legal staff since April to finalize this agreement, which officially began in July. The first hearing under this new arrangement is set for Monday.
