piers109uk/MN-Statutes huggingface dataset:
252.08 DISTRICT COURT TO AUDIT EXPENSE ACCOUNTS.
The fees and expenses of any sheriff or other person performing the service under the provisions of sections 252.06 to 252.08 shall be audited by a district court judge of the county and paid by the county auditor and county treasurer upon the written order of the judge without other or further allowance.
252.27 CHILDREN'S SERVICES; PARENTAL CONTRIBUTION.
Whenever any child who has a developmental disability, or a physical disability or emotional disturbance is in 24-hour care outside the home including respite care, in a facility licensed by the commissioner of human services, the cost of services shall be paid by the county of financial responsibility determined pursuant to chapter 256G. If the child's parents or guardians do not reside in this state, the cost shall be paid by the responsible governmental agency in the state from which the child came, by the parents or guardians of the child if they are financially able, or, if no other payment source is available, by the commissioner of human services.
MS 2022 [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
MS 2022 [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
MS 2023 Supp [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
(a) Parental or guardian responsibility for the child's cost of care incurred by counties shall be up to the maximum amount of the total income and resources attributed to the child except for the clothing and personal needs allowance as provided in section 256B.35, subdivision 1. Reimbursement by the parents or guardians shall be made to the county making any payments for services.
(b) Notwithstanding paragraph (a), the county board may require payment of the full cost of caring for children whose parents or guardians do not reside in this state.
(c) To the extent that a child described in subdivision 1 is eligible for benefits under chapter 62A, 62C, 62D, 62E, or 64B, the county is not liable for the cost of services.
[Repealed, 1995 c 207 art 6 s 124]
MS 2022 [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
[Repealed, 1986 c 414 s 5]
MS 2022 [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
MS 2022 [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
MS 2022 [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
252.295 LICENSING EXCEPTION.
(a) Notwithstanding section 252.294, the commissioner may license two six-bed, level B intermediate care facilities for persons with developmental disabilities (ICF's/DD) to replace a 15-bed level A facility in Minneapolis that is not accessible to persons with disabilities. The new facilities must be accessible to persons with disabilities and must be located on a different site or sites in Hennepin County. Notwithstanding section 256B.5012, the payment rate at the new facilities is $200.47 plus any rate adjustments for ICF's/DD effective on or after July 1, 2007.
(b) Notwithstanding section 252.294, the commissioner may license one six-bed level B intermediate care facility for persons with developmental disabilities to replace a downsized 21-bed facility attached to a day training and habilitation program in Chisholm. Notwithstanding section 256B.5012, the facility must serve persons who require substantial nursing care and are able to leave the facility to receive day training and habilitation services. The payment rate at this facility is $274.50.
(c) Notwithstanding section 256B.5012, the payment rate of a six-bed level B intermediate care facility for persons with developmental disabilities in Hibbing, with a per diem rate of $164.13 as of March 1, 2007, for persons who require substantial nursing care and are able to leave the facility to receive day training and habilitation services shall be increased to $250.84.
(d) The payment rates in paragraphs (b) and (c) are effective October 1, 2009.
252.293 EMERGENCY RELOCATIONS.
In emergency situations, the commissioner of human services may order the relocation of existing intermediate care facility for persons with developmental disabilities beds, transfer residents, and establish an interim payment rate under the procedures contained in Minnesota Rules, part 9553.0075, for up to two years, as necessary to ensure the replacement of the original services for the residents. The payment rate must be based on projected costs and is subject to settle up. An emergency situation exists when it appears to the commissioner of human services that the health, safety, or welfare of residents may be in jeopardy due to imminent or actual loss of use of the physical plant or damage to the physical plant making it temporarily or permanently uninhabitable. The subsequent rate for a facility providing services for the same resident following the temporary emergency situation must be based upon the costs incurred during the interim period if the residents are permanently placed in the same facility. If the residents need to be relocated for permanent placements, the temporary emergency location must close and the procedures for establishing rates for newly constructed or newly established facilities must be followed. This provision regarding emergency situations does not apply to facilities placed in receivership by the commissioner of human services under section 245A.12 or 245A.13, or facilities that have rates set under section 252.292, subdivision 4, or to relocations of residents to existing facilities.
The commissioner of human services shall notify the commissioner of health of the existence of the emergency and the decision to order the relocation of residents. This notice shall also identify the temporary location or locations selected by the commissioner of human services for the relocation of the residents. Notwithstanding the provisions of section 252.291, the commissioner of health may license and certify the temporary location or locations as an intermediate care facility for persons with developmental disabilities if the location complies with the applicable state rules and federal regulations. The facility from which the residents were relocated shall not be used to house residents until the commissioner of human services authorizes the return of residents to the facility and the commissioner of health verifies that the facility complies with the applicable state and federal regulations. If the temporary location closes under the provisions of subdivision 1, the license and certification of the temporary location is voided. The voiding of the license and certification shall not be considered as a suspension, revocation, or nonrenewal of the license or as an involuntary decertification of the facility.
252.294 CRITERIA FOR DOWNSIZING OF FACILITIES.
The commissioner of human services shall develop a process to evaluate and rank proposals for the voluntary downsizing or closure of intermediate care facilities for persons with developmental disabilities using the following guidelines:
(1) the extent to which the option matches overall policy direction of the department;
(2) the extent to which the option demonstrates respect for individual needs and allows implementation of individual choice;
(3) the extent to which the option addresses safety, privacy, and other programmatic issues;
(4) the extent to which the option appropriately redesigns the overall community capacity; and
(5) the cost of each option.
The process shall, to the extent feasible, be modeled on the nursing home moratorium exception process, including procedures for administrative evaluation and approval of projects within the limit of appropriations made available by the legislature.
252.33 CLIENT ADVISORY COMMITTEES.
For purposes of this section, the following terms have the meanings given:
(a) "Client advisory committee" means a group of clients who represent client interests to supervisors and employers in vocational programs.
(b) "Consumer-controlled organization" means a self-advocacy organization which is controlled by a board having a majority of people with developmental disabilities.
The commissioner of employment and economic development, through the division of rehabilitation resources, shall contract with a consumer-controlled organization to develop client advisory committees in vocational settings in developmental achievement centers, and state hospitals, and to allocate resources and technical assistance to client advisory committees in rehabilitation facilities as defined in section 268A.01.
A client advisory committee enables clients working in vocational settings to advocate for themselves with regard to matters of common interest. A client advisory committee may address any issue related to the vocational setting, including personnel policies, wages, hours of work, kinds of work, transportation to and from the workplace, and behavior problems. A client advisory committee may also meet to develop the skills and knowledge needed to represent fellow clients, such as decision-making skills, assertiveness, and awareness of public policies affecting people with developmental disabilities.
Members of a client advisory committee must be elected by clients who work at the vocational setting.
252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY RESIDENTIAL FACILITIES.
The commissioner of human services may make grants to nonprofit organizations, municipalities or local units of government to provide up to 25 percent of the cost of constructing, purchasing or remodeling small community residential facilities for persons with developmental disabilities allowing such persons to live in a homelike atmosphere near their families. Operating capital grants may also be made for up to three months of reimbursable operating costs after the facility begins processing applications for admission and prior to reimbursement for services. Repayment of the operating grants shall be made to the commissioner of human services at the end of the provider's first fiscal year, or at the conclusion of the interim rate period, whichever occurs first. No aid under this section shall be granted to a facility providing for more than 16 residents in a living unit and with more than two living units. Prior to any disbursement of funds the commissioner shall review the plans and location of any proposed facility to determine whether such a facility is needed. The commissioner shall promulgate such rules for the making of grants and for the administration of this section as the commissioner deems proper. The remaining portion of the cost of constructing, purchasing, remodeling facilities, or of operating capital shall be borne by nonstate sources including federal grants, local government funds, funds from charitable sources, gifts and mortgages.
252.43 COMMISSIONER'S DUTIES.
(a) The commissioner shall supervise lead agencies' provision of day services to adults with disabilities. The commissioner shall:
(1) determine the need for day programs under sections 256B.4914 and 252.41 to 252.46;
(2) establish payment rates as provided under section 256B.4914;
(3) adopt rules for the administration and provision of day services under sections 245A.01 to 245A.16; 252.28, subdivision 2; or 252.41 to 252.46; or Minnesota Rules, parts 9525.1200 to 9525.1330;
(4) enter into interagency agreements necessary to ensure effective coordination and provision of day services;
(5) monitor and evaluate the costs and effectiveness of day services; and
(6) provide information and technical help to lead agencies and vendors in their administration and provision of day services.
(b) A determination of need in paragraph (a), clause (1), shall not be required for a change in day service provider name or ownership.
252.44 LEAD AGENCY BOARD RESPONSIBILITIES.
When the need for day services in a county or tribe has been determined under section 252.28, the board of commissioners for that lead agency shall:
(1) authorize the delivery of services according to the support plans and support plan addendums required as part of the lead agency's provision of case management services under sections 256B.0913, subdivision 8; 256B.092, subdivision 1b; 256B.49, subdivision 15; and 256S.10 and Minnesota Rules, parts 9525.0004 to 9525.0036;
(2) ensure that transportation is provided or arranged by the vendor in the most efficient and reasonable way possible; and
(3) monitor and evaluate the cost and effectiveness of the services.
252.45 VENDOR'S DUTIES.
A day service vendor enrolled with the commissioner is responsible for items under clauses (1), (2), and (3), and extends only to the provision of services that are reimbursable under state and federal law. A vendor providing day services shall:
(1) provide the amount and type of services authorized in the individual service plan under the support plan and support plan addendum required under sections 245D.02, subdivision 4, paragraphs (b) and (c), and 256B.092, subdivision 1b, and Minnesota Rules, part 9525.0004, subpart 12;
(2) design the services to achieve the outcomes assigned to the vendor in the support plan and support plan addendum required under sections 245D.02, subdivision 4, paragraphs (a) and (b), and 256B.092, subdivision 1b, and Minnesota Rules, part 9525.0004, subpart 12;
(3) provide or arrange for transportation of persons receiving services to and from service sites;
(4) enter into agreements with community-based intermediate care facilities for persons with developmental disabilities to ensure compliance with applicable federal regulations; and
(5) comply with state and federal law.
252.42 SERVICE PRINCIPLES.
The design and delivery of services eligible for reimbursement should reflect the following principles:
(1) services must suit a person's chronological age and be provided in the least restrictive environment possible, consistent with the needs identified in the person's support plan and support plan addendum required under sections 256B.092, subdivision 1b, and 245D.02, subdivision 4, paragraphs (b) and (c), and Minnesota Rules, part 9525.0004, subpart 12;
(2) a person with a disability whose individual support plans and support plan addendums authorize employment or employment-related activities shall be given the opportunity to participate in employment and employment-related activities in which nondisabled persons participate;
(3) a person with a disability participating in work shall be paid wages commensurate with the rate for comparable work and productivity except as regional centers are governed by section 246.151;
(4) a person with a disability shall receive services which include services offered in settings used by the general public and designed to increase the person's active participation in ordinary community activities;
(5) a person with a disability shall participate in the patterns, conditions, and rhythms of everyday living and working that are consistent with the norms of the mainstream of society.
252.46 PAYMENT RATES.
[Repealed, 2013 c 108 art 13 s 14]
The commissioner shall establish a statewide rate-setting methodology for all day training and habilitation services as provided under section 256B.4914. The rate-setting methodology must abide by the principles of transparency and equitability across the state. The methodology must involve a uniform process of structuring rates for each service and must promote quality and participant choice.
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 1Sp1993 c 1 art 4 s 14]
[Repealed, 1Sp1993 c 1 art 4 s 14]
[Repealed, 1Sp1993 c 1 art 4 s 14]
[Repealed, 1992 c 513 art 9 s 44]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
[Repealed, 2013 c 108 art 13 s 14]
252.50 STATE-OPERATED PROGRAMS.
MS 2022 [Repealed, 2024 c 79 art 10 s 5]
[Renumbered 246C.16, subd 5]
The commissioner may, within the limits of appropriations made available for this purpose, use enhanced waivered services funds under the home and community-based waiver for persons with developmental disabilities to move to state-operated community programs and to private facilities.
To the extent possible, the commissioner may amend the medical assistance home and community-based waiver and, as appropriate, develop special waiver procedures for targeting services to persons currently in state regional treatment centers.
[Renumbered 246C.11, subd 6]
(a) In determining the location of state-operated, community-based programs, the needs of the individual client shall be paramount. The executive board shall also take into account:
(1) prioritization of beds in state-operated, community-based programs for individuals with complex behavioral needs that cannot be met by private community-based providers;
(2) choices made by individuals who chose to move to a more integrated setting, and shall coordinate with the lead agency to ensure that appropriate person-centered transition plans are created;
(3) the personal preferences of the persons being served and their families as determined by Minnesota Rules, parts 9525.0004 to 9525.0036;
(4) the location of the support services established by the individual service plans of the persons being served;
(5) the appropriate grouping of the persons served;
(6) the availability of qualified staff;
(7) the need for state-operated, community-based programs in the geographical region of the state; and
(8) a reasonable commuting distance from a regional treatment center or the residences of the program staff.
(b) The executive board must locate state-operated, community-based programs in coordination with the commissioner of human services according to section 252.28.
[Renumbered 246.65]
[Renumbered 246.585]
[Renumbered 246.588]
MS 2022 [Repealed, 2024 c 79 art 10 s 5]
[Renumbered 246.611]
MS 2022 [Repealed, 2024 c 79 art 10 s 5]
252.52 REGIONAL CENTER AND COMMUNITY-BASED FACILITY EMPLOYEES.
In accordance with section 43A.21, the executive board shall develop procedures to assure that:
(1) there are workers employed at state regional centers and nursing homes who are skilled in the treatment of persons with severe and profound developmental disabilities, behavioral problems, and medical needs to facilitate adjustment to community living;
(2) suitable training programs exist for regional treatment center and state-operated, community-based residential facility staff; and
(3) state employees under the jurisdiction of the executive board who are included in a position reduction plan have the option of transferring to a community-based program; to a similar, comparable classification in another regional center setting; or to a position in another state agency.
252.54 STATEWIDE DISABILITY EMPLOYMENT TECHNICAL ASSISTANCE CENTER.
The commissioner must establish a statewide technical assistance center to provide resources and assistance to programs, people, and families to support individuals with disabilities to achieve meaningful and competitive employment in integrated settings. Duties of the technical assistance center include but are not limited to:
(1) offering provider business model transition support to ensure ongoing access to employment and day services;
(2) identifying and providing training on innovative, promising, and emerging practices;
(3) maintaining a resource clearinghouse to serve as a hub of information to ensure programs, people, and families have access to high-quality materials and information;
(4) fostering innovation and actionable progress by providing direct technical assistance to programs; and
(5) cultivating partnerships and mentorship across support programs, people, and families in the exploration of and successful transition to competitive, integrated employment.
252.55 LEAD AGENCY EMPLOYMENT FIRST CAPACITY BUILDING GRANTS.
The commissioner shall establish a grant program to expand lead agency capacity to support people with disabilities to contemplate, explore, and maintain competitive, integrated employment options. Allowable uses of money include:
(1) enhancing resources and staffing to support people and families in understanding employment options and navigating service options;
(2) implementing and testing innovative approaches to better support people with disabilities and their families in achieving competitive, integrated employment; and
(3) other activities approved by the commissioner.
252A.01 POLICY AND CITATION.
(a) It is the policy of the state of Minnesota to provide a coordinated approach to the supervision, protection, and habilitation of its adult citizens with a developmental disability. In furtherance of this policy, sections 252A.01 to 252A.21 are enacted to authorize the commissioner of human services to:
(1) supervise those adult citizens with a developmental disability who are unable to fully provide for their own needs and for whom no qualified person is willing and able to seek guardianship under sections 524.5-101 to 524.5-502; and
(2) protect adults with a developmental disability from violation of their human and civil rights by ensuring that they receive the full range of needed social, financial, residential, and habilitative services to which they are lawfully entitled.
(b) Public guardianship is the most restrictive form of guardianship and should be imposed only when less restrictive alternatives have been attempted and determined to be insufficient to meet the person's needs. Less restrictive alternatives include but are not limited to supported decision making, community or residential services, or appointment of a health care agent.
Sections 252A.01 to 252A.21 may be cited as the "Public Guardianship for Adults with Developmental Disabilities Act."
252A.03 NOMINATION OF COMMISSIONER AS GUARDIAN.
The commissioner may be nominated in a sworn written request by any one of the following to act as guardian for any person with a developmental disability:
(1) an interested person;
(2) the guardian of the person with a developmental disability to act as successor;
(3) the person with a developmental disability.
The commissioner shall accept or reject the nomination in writing within 20 working days of the receipt of a comprehensive evaluation provided for in section 252A.04. The commissioner's acceptance shall be binding upon the commissioner and successors. Acceptance of a nomination shall confer no authority on the commissioner unless affirmed at a judicial hearing. Rejection of a nomination by the commissioner shall not bar the filing of a petition pursuant to section 252A.06.
The commissioner shall accept the nomination if:
(1) the person's assessment confirms that they are a person with a developmental disability under section 252A.02, subdivision 2;
(2) the person is in need of the supervision and protection of a guardian;
(3) no qualified person is willing to assume guardianship under sections 524.5-101 to 524.5-502; and
(4) the person subject to public guardianship was included in the process prior to the submission of the nomination.
(a) Public guardianship may be imposed only when:
(1) the person subject to guardianship is impaired to the extent of lacking sufficient understanding or capacity to make personal decisions;
(2) the person subject to guardianship is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision-making assistance; and
(3) no acceptable, less restrictive form of guardianship is available.
(b) The commissioner shall seek parents, near relatives, and other interested persons to assume guardianship for persons with developmental disabilities who are currently under public guardianship. If a person seeks to become a guardian, costs to the person may be reimbursed under section 524.5-502. The commissioner must provide technical assistance to parents, near relatives, and interested persons seeking to become guardians.
252A.04 COMPREHENSIVE EVALUATION.
Upon receipt of a written nomination, the commissioner shall promptly order the local agency of the county in which the proposed person subject to public guardianship resides to coordinate or arrange for a comprehensive evaluation of the proposed person subject to public guardianship.
A proposed person subject to public guardianship who, at the time the comprehensive evaluation is to be performed, has been under medical care shall not be so under the influence or so suffer the effects of drugs, medication, or other treatment as to be hampered in the testing or evaluation process. When in the opinion of the licensed physician, advanced practice registered nurse, or physician assistant attending the proposed person subject to public guardianship, the discontinuance of medication or other treatment is not in the best interest of the proposed person subject to public guardianship, the physician, advanced practice registered nurse, or physician assistant shall record a list of all drugs, medication, or other treatment that the proposed person subject to public guardianship received 48 hours immediately prior to any examination, test, or interview conducted in preparation for the comprehensive evaluation.
The local agency shall prepare and forward the comprehensive evaluation to the commissioner within 90 days of the date the commissioner orders the evaluation.
The comprehensive evaluation shall be kept on file at the Department of Human Services and shall be open to the inspection of the proposed person subject to public guardianship and other persons permitted by the commissioner.
252A.05 COMMISSIONER'S PETITION FOR APPOINTMENT AS PUBLIC GUARDIAN.
In every case in which the commissioner agrees to accept a nomination, the local agency, within 20 working days of receipt of the commissioner's acceptance, shall petition on behalf of the commissioner in the county or court of the county of residence of the person with a developmental disability for appointment to act as public guardian of the person with a developmental disability.
252A.06 PETITION FOR APPOINTMENT OF PUBLIC GUARDIAN.
A verified petition alleging that the appointment of a public guardian is required may be filed by: the commissioner; the local agency; a person with a developmental disability; or a parent, stepparent, spouse, or relative of a person with a developmental disability.
The petition shall set forth:
(1) the name and address of the petitioner and, in the case of a petition brought by a person other than the commissioner, whether the petitioner is a parent, spouse, or relative of the proposed person subject to guardianship;
(2) whether the commissioner has accepted a nomination to act as public guardian;
(3) the name, address, and date of birth of the proposed person subject to public guardianship;
(4) the names and addresses of the nearest relatives and spouse, if any, of the proposed person subject to public guardianship;
(5) the probable value and general character of the real and personal property of the proposed person subject to public guardianship and the probable amount of the debts of the proposed person subject to public guardianship; and
(6) the facts supporting the establishment of public guardianship, including that no family member or other qualified individual is willing to assume guardianship responsibilities under sections 524.5-101 to 524.5-502.
252A.07 FILING OF COMPREHENSIVE EVALUATION.
When a petition is brought by the commissioner or local agency, a copy of the comprehensive evaluation shall be filed with the petition. If a petition is brought by a person other than the commissioner or local agency and a comprehensive evaluation has been prepared within a year of the filing of the petition, the local agency shall send a copy of the comprehensive evaluation to the court upon notice of the filing of the petition. If a comprehensive evaluation has not been prepared within a year of the filing of the petition, the local agency, upon notice of the filing of the petition, shall arrange for a comprehensive evaluation to be prepared and provided to the court within 90 days.
A copy of the comprehensive evaluation shall be made available by the court to the proposed person subject to public guardianship, the counsel of the proposed person subject to public guardianship, the county attorney, the attorney general, and the petitioner.
(a) No action for the appointment of a public guardian may proceed to hearing unless a comprehensive evaluation has been first filed with the court.
(b) Paragraph (a) does not apply if the director of the local agency responsible for conducting the comprehensive evaluation has filed an affidavit that the proposed person subject to public guardianship refused to participate in the comprehensive evaluation and the court finds on the basis of clear and convincing evidence that the proposed person subject to public guardianship is developmentally disabled and in need of the supervision and protection of a guardian.
252A.081 NOTICE OF HEARING.
Except as otherwise provided in this section, sections 524.5-113, 524.5-205, and 524.5-304 apply to a notice of hearing for public guardianship.
Service of notice on the person subject to public guardianship or proposed person subject to public guardianship must be made by a nonuniformed person or nonuniformed visitor. To the extent possible, the person or visitor serving the notice shall explain the document's meaning to the proposed person subject to public guardianship. In addition to the persons required to be served under sections 524.5-113, 524.5-205, and 524.5-304, the mailed notice of the hearing must be served on the commissioner, the local agency, and the county attorney.
In place of the notice of attorney provisions in sections 524.5-205 and 524.5-304, the notice must state that the court will appoint an attorney for the proposed person subject to public guardianship unless an attorney is provided by other persons.
When a petition has been filed by a person other than the commissioner, the court shall promptly forward a copy of the petition and any other documents filed with or issued by the court to the commissioner.
A defect in the service of notice or process, other than personal service upon the proposed person subject to public guardianship or service upon the commissioner and local agency within the time allowed and the form prescribed in this section and sections 524.5-113, 524.5-205, and 524.5-304, does not invalidate any public guardianship proceedings.
252A.09 APPOINTMENT OF COUNSEL.
Upon the filing of the petition, the court shall appoint an attorney for the proposed person subject to public guardianship, unless such counsel is provided by others.
Counsel shall visit with and, to the extent possible, consult with the proposed person subject to public guardianship prior to the hearing and shall be given adequate time to prepare for the hearing. Counsel shall be given the full right of subpoena and shall be supplied with a copy of all documents filed with or issued by the court.
252A.111 POWERS AND DUTIES OF PUBLIC GUARDIAN.
Except as otherwise provided in this section, sections 524.5-207 and 524.5-313, apply to the powers and duties of a public guardian.
In addition to the powers contained in sections 524.5-207 and 524.5-313, the powers of a public guardian that the court may grant include:
(1) the power to permit or withhold permission for the person subject to public guardianship to marry;
(2) the power to begin legal action or defend against legal action in the name of the person subject to public guardianship; and
(3) the power to consent to the adoption of the person subject to public guardianship as provided in section 259.24.
MS 2000 [Repealed, 1Sp2001 c 9 art 13 s 29]
If the person subject to public guardianship has a personal estate beyond that which is necessary for the personal and immediate needs of the person subject to public guardianship, the commissioner shall determine whether a conservator should be appointed. The commissioner shall consult with the parents, spouse, or nearest relative of the person subject to public guardianship. The commissioner may petition the court for the appointment of a private conservator of the person subject to public guardianship. The commissioner cannot act as conservator for public persons subject to public guardianship or public protected persons.
The commissioner may carry out the powers and duties prescribed by this chapter directly or through local agencies.
In exercising powers and duties under this chapter, the commissioner shall:
(1) maintain close contact with the person subject to public guardianship, visiting at least twice a year;
(2) protect and exercise the legal rights of the person subject to public guardianship;
(3) take actions and make decisions on behalf of the person subject to public guardianship that encourage and allow the maximum level of independent functioning in a manner least restrictive of the personal freedom of the person subject to public guardianship consistent with the need for supervision and protection; and
(4) permit and encourage maximum self-reliance on the part of the person subject to public guardianship and permit and encourage input by the nearest relative of the person subject to public guardianship in planning and decision making on behalf of the person subject to public guardianship.
253B.01 CITATION.
This chapter may be cited as the "Minnesota Commitment and Treatment Act."
252A.12 APPOINTMENT OF PUBLIC GUARDIAN NOT A FINDING OF INCOMPETENCY.
An appointment of the commissioner as public guardian shall not constitute a judicial finding that the person with a developmental disability is legally incompetent except for the restrictions that the public guardianship places on the person subject to public guardianship. The appointment of a public guardian shall not deprive the person subject to public guardianship of the right to vote.
252A.14 COMMISSIONER AS ADVISOR.
The commissioner, acting through the local agency, shall seek out those persons with a developmental disability who are in need of guardianship and shall advise them as to the availability of suitable services and assistance. The provision of advice and guidance may be made without prior appointment by a court and shall not be dependent upon a finding of incompetency. The provision of services by the commissioner does not authorize the care, treatment, supervision, or any control over any person with a developmental disability.
252A.17 EFFECT OF SUCCESSION IN OFFICE.
The appointment by the court of the commissioner as public guardian shall be by the title of the commissioner's office. The authority of the commissioner as public guardian shall cease upon the termination of the commissioner's term of office and shall vest in a successor or successors in office without further court proceedings.
252A.16 ANNUAL REVIEW.
The commissioner shall require an annual review of the physical, mental, and social adjustment and progress of every person subject to public guardianship. A copy of this review shall be kept on file at the Department of Human Services and may be inspected by the person subject to public guardianship, the parents, spouse, or relatives of the person subject to public guardianship, and other persons who receive the permission of the commissioner. The review shall contain information required under Minnesota Rules, part 9525.3065, subpart 1.
The commissioner shall annually review the legal status of each person subject to public guardianship in light of the progress indicated in the annual review. If the commissioner determines the person subject to public guardianship is no longer in need of public guardianship or is capable of functioning under a less restrictive guardianship, the commissioner or local agency shall petition the court pursuant to section 252A.19 to restore the person subject to public guardianship to capacity or for a modification of the court's previous order.
252A.171 TRANSFER OF VENUE.
Section 524.5-108 applies to the transfer of venue in proceedings under this chapter. Notice of a transfer of venue petition must be given to the persons and in the manner required by section 252A.081.
253.245 NOTICE OF ESCAPE OR DEATH OF PRISONER.
When a prisoner from the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud who has been committed to a state hospital escapes from or dies in the state hospital, the superintendent shall immediately notify the chief executive officer of the correctional facility from which the prisoner was committed of the prisoner's escape or death.
253B.06 INITIAL ASSESSMENT.
A physician must examine every patient hospitalized due to mental illness or developmental disability pursuant to section 253B.04 or 253B.051 as soon as possible but no more than 48 hours following the patient's admission. The physician must be knowledgeable and trained in diagnosing the patient's mental illness or developmental disability, forming the basis of the patient's admission.
A treatment facility, state-operated treatment program, or community-based treatment program must examine a patient hospitalized as chemically dependent pursuant to section 253B.04 or 253B.051 within 48 hours of admission. At a minimum, the facility or program must physically examine the patient according to procedures established by a physician, advanced practice registered nurse, or physician assistant, and staff examining the patient must be knowledgeable and trained in the diagnosis of the alleged disability forming the basis of the patient's admission as a chemically dependent person.
If a patient refuses to be examined, the determination of the patient's need for treatment may be based on other available information and documented in the patient's medical record.
At the end of a 48-hour period, the facility or program shall discharge a patient admitted pursuant to section 253B.051 if an examination has not been held or if the examiner or evaluation staff person fails to notify the head of the facility or program in writing that in the examiner's or staff person's opinion the patient is in need of care, treatment, and evaluation as a person who has a mental illness, developmental disability, or chemical dependency.
252A.19 MODIFICATION OF GUARDIANSHIP; RESTORATION TO LEGAL CAPACITY.
The commissioner shall serve as public guardian with all the powers awarded pursuant to the guardianship, until termination or modification by the court.
The commissioner, person subject to public guardianship, or any interested person may petition the appointing court or the court to which venue has been transferred:
(1) for an order to remove the guardianship;
(2) for an order to limit or expand the powers of the guardianship;
(3) for an order to appoint a guardian under sections 524.5-101 to 524.5-502;
(4) for an order to restore the person subject to public guardianship or protected person to full legal capacity;
(5) to review de novo any decision made by the public guardian for or on behalf of a person subject to public guardianship or protected person; or
(6) for any other order as the court may deem just and equitable.
Upon the filing of the petition the court shall fix the time and place for the hearing. Notice of the filing of the petition and of the hearing shall be provided in the manner set forth in section 252A.081.
The commissioner shall, at the court's request, arrange for the preparation of a comprehensive evaluation of the person subject to public guardianship or protected person.
Upon proof of the allegations of the petition the court shall enter an order removing the guardianship or limiting or expanding the powers of the guardianship or restoring the person subject to public guardianship or protected person to full legal capacity or may enter such other order as the court may deem just and equitable.
The county attorney may attend the hearing and may oppose the petition in the court and in the appellate courts if the county attorney deems it for the best interest of the public.
The attorney general may appear and represent the commissioner in such proceedings. The commissioner shall support or oppose the petition if the commissioner deems such action necessary for the protection and supervision of the person subject to public guardianship or protected person.
In all such proceedings, the protected person or person subject to public guardianship shall be afforded an opportunity to be represented by counsel, and if neither the protected person or person subject to public guardianship nor others provide counsel the court shall appoint counsel to represent the protected person or person subject to public guardianship.
In proceedings where private guardianship or conservatorship is being sought under sections 524.5-101 to 524.5-502, costs are reimbursable under section 524.5-502.
252A.20 COSTS OF HEARINGS.
In each proceeding under sections 252A.01 to 252A.21, the court shall allow and order paid to each witness subpoenaed the fees and mileage prescribed by law; to each physician, advanced practice registered nurse, physician assistant, psychologist, or social worker who assists in the preparation of the comprehensive evaluation and who is not employed by the local agency or the state Department of Human Services, a reasonable sum for services and for travel; and to the counsel of the person subject to public guardianship, when appointed by the court, a reasonable sum for travel and for each day or portion of a day actually employed in court or actually consumed in preparing for the hearing. Upon order the county auditor shall issue a warrant on the county treasurer for payment of the amount allowed.
When the settlement of the person subject to public guardianship is found to be in another county, the court shall transmit to the county auditor a statement of the expenses incurred pursuant to subdivision 1. The auditor shall transmit the statement to the auditor of the county of the settlement of the person subject to public guardianship and this claim shall be paid as other claims against that county. If the auditor to whom this claim is transmitted denies the claim, the auditor shall transmit it, together with the objections thereto, to the commissioner, who shall determine the question of settlement and certify findings to each auditor. If the claim is not paid within 30 days after such certification, an action may be maintained thereon in the district court of the claimant county.
Whenever venue of a proceeding has been transferred under sections 252A.01 to 252A.21, the costs of such proceedings shall be reimbursed to the county of the settlement of the person subject to public guardianship by the state.
252A.21 GENERAL PROVISIONS.
The commissioner may appeal from an order of the court entered under sections 252A.01 to 252A.21 to the court of appeals in the manner prescribed by sections 525.71 to 525.731, for appeals by the state. Any persons, other than the commissioner, aggrieved by an order of the court entered under sections 252A.01 to 252A.21, may appeal to the court of appeals in the manner prescribed by sections 525.71 to 525.731.
The commissioner shall adopt rules to implement this chapter. The rules must include standards for performance of guardianship duties including but not limited to: twice a year visits with the person subject to public guardianship; a requirement that the duties of guardianship and case management not be performed by the same person; specific standards for action on "do not resuscitate" orders as recommended by a physician, an advanced practice registered nurse, or a physician assistant; sterilization requests; and the use of psychotropic medication and aversive procedures.
MS 2020 [Repealed, 2021 c 30 art 13 s 84]
Nothing in sections 252A.01 to 252A.21 shall impair the right of individuals to establish private guardianships in accordance with applicable law.
253.195 DEFINITIONS.
For purposes of sections 253.195 to 253.26, the terms defined in this section have the meanings given them.
"Executive board" has the meaning given in section 246C.015.
"Secure treatment facility" has the meaning given in section 253B.02, subdivision 18a.
253.20 MINNESOTA SECURITY HOSPITAL.
The executive board shall erect, equip, and maintain in St. Peter and other geographic locations under the control of the executive board suitable buildings to be known as the Minnesota Security Hospital, for the purpose of providing a secure treatment facility for persons who may be committed there by courts, or otherwise, or transferred there by the executive board, and for persons who are found to be mentally ill while confined in any correctional facility, or who may be found to be mentally ill and dangerous, and the executive board shall supervise and manage the secure treatment facility as in the case of other state hospitals.
253.21 COMMITMENT OF PRISONERS; PROCEEDINGS; RESTORATION OF MENTAL HEALTH.
When any person confined in the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud is alleged to be mentally ill, the chief executive officer or other person in charge of the correctional facility shall notify the executive board, which shall cause the prisoner to be examined by the court exercising probate jurisdiction of the county where the prisoner is confined, as in the case of other persons who are mentally ill.
In case the prisoner is found to be mentally ill, the prisoner must be transferred by the order of the court to the Minnesota Security Hospital or to a state hospital for people who are mentally ill in the discretion of the court, there to be kept and maintained as in the case of other persons who are mentally ill.
If, in the judgment of the chief executive officer of the correctional facility the prisoner came from, the prisoner's mental health is restored before the period of commitment to the correctional facility has expired, upon the certificate of the chief executive officer, the executive board shall remove the prisoner from the secure treatment facility and transfer the prisoner to the correctional institution the prisoner came from to complete the sentence.
253B.0921 ACCESS TO MEDICAL RECORDS.
A treating medical practitioner who makes medical decisions regarding the prescription and administration of medication for treatment of a mental illness has access to the relevant sections of a patient's health records on past administration of medication at any facility, program, or treatment provider, if the patient lacks the capacity to authorize the release of records. Upon request of a treating medical practitioner under this section, a facility, program, or treatment provider shall supply complete information relating to the past records on administration of medication of a patient subject to this chapter. A patient who has the capacity to authorize the release of data retains the right to make decisions regarding access to medical records as provided by sections 144.291 to 144.298.