Montana Attorney General Opinion 15-253

Opinion No. 253 Feeble-Minded Pel"Sons-Admissioll to School fOl' Feeble-l\{jmled-pJ'ocedure. HELD: The proper procedure for the induction of a subject into the training school for feeble-minded persons of the state school at Boulder is fully covered by Sections 1474-1485. R C, 1\1. 1921. . June 24, 1n3.'!. You make the following request: "In dew of this desire on the vart of Judge Bennett, Dr. Griffin and myself to avoid an~' errors and any legal complications. would you please brive me an outline of the proper proeedure for the induction of a subject into the training school for feeble-minded persons here at Boulder'!" 'l'he matter is fully cO\'ered by Sec- tions 1474 to 1485, R C. M. 1021. Application for admission shall be made by the parent of the suhject, by any person having its legal custody, by a snperintendent of a county hospital. by an officer of the bureau of child and animal protection, by the applicant in person, or by the superintendent of any of the state institutions. The ap- plication shall be made to a district judge. 'Vhen the application is made the district judge shall issue an order fixing the time and place' of hearing and a COl)Y of such order shall be served upon the parent of the subject or one having the legal custody of the subject. It is advisable to serve such notice on both parents if both are Ih'- ing. Service should be made as pro- vided in Chapter 62, Code of Civil Pro- 176 OPINIONS OF THE ATTORKEY GENERAL eedure, Seetions 9778-9785, R. C. M. 19'21. If by mail it should be registered and return ,receipt demanded, 'and on the hearing the record should show all such procedure duly followed. The application should contain the facts required of Section 1475. The two examining physicians llIuliell by the judge should ha I-e no personal interest in the affairs of the suhject, and otherwise be free from prejudiee. The word "may" in Section 1476 we would construe as a command that the physicians must be named by the judge to assist in the examination. In the service on the pa-rents or legal revre- sentatil-e of the subject. it will be ad- visable to state that they are entitled to. and, if cOIl\-enient should hal-e legal representatiTe attend the hearing. "'ith this advice and by following the prol'isions of the ~tatutes referred to the procedure cannot be successfully contested.