reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252 — Services For Persons With Developmental Disabilities › Section 252.46 — Payment Rates.

252.46 PAYMENT RATES.
Subdivision 1.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 1a.
Day training and habilitation rates.
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.
Subd. 2.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 3.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 4.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 5.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 6.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 7.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 8.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 9.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 10.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 11.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 12.
[Repealed, 1Sp1993 c 1 art 4 s 14]
Subd. 13.
[Repealed, 1Sp1993 c 1 art 4 s 14]
Subd. 14.
[Repealed, 1Sp1993 c 1 art 4 s 14]
Subd. 15.
[Repealed, 1992 c 513 art 9 s 44]
Subd. 16.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 17.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 18.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 19.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 20.
[Repealed, 2013 c 108 art 13 s 14]
Subd. 21.
[Repealed, 2013 c 108 art 13 s 14]
History:
1987 c 403 art 5 s 14; 1988 c 532 s 3-8; 1988 c 689 art 2 s 114-117; 1989 c 282 art 2 s 93-98; 1990 c 568 art 3 s 8-12; 1991 c 292 art 4 s 9-11; art 6 s 40; 1992 c 513 art 7 s 12; 1Sp1993 c 1 art 4 s 6; 1Sp1993 c 6 s 42; 1995 c 207 art 3 s 6-11; 1997 c 7 art 1 s 99; 1997 c 36 s 1; 1999 c 245 art 5 s 11; 2003 c 47 s 1; 1Sp2003 c 14 art 3 s 10; 2005 c 56 s 1; 2005 c 98 art 3 s 17; 2009 c 79 art 8 s 10; 2009 c 101 art 2 s 109; 2013 c 108 art 13 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252 — Services For Persons With Developmental Disabilities › Section 252.51 — Community Planning.

252.51 COMMUNITY PLANNING.
Each community where there is a regional treatment center shall establish a group to work with and advise the commissioner and the counties to:
(1) ensure community input in the development of community services for persons with developmental disabilities;
(2) assure consideration of family concern about choice of service settings;
(3) assist counties in recruiting new providers, capitalizing, and siting new day services and residential programs;
(4) work with the surrounding counties to coordinate development of services for persons with developmental disabilities;
(5) facilitate community education concerning services to persons with developmental disabilities;
(6) assist in recruiting potential supported employment opportunities;
(7) assist in developing shared services agreements among providers of service;
(8) coordinate with the development of state-operated services; and
(9) seek to resolve local transportation issues for people with developmental disabilities.
Funds appropriated to the Department of Human Services for this purpose shall be transferred to the city in which the regional treatment center is located upon receipt of evidence from the city that such a group has been constituted and designated. The funds shall be used to defray the expenses of the group.
The membership of each community group must reflect a broad range of community interests, including, at a minimum, families of persons with developmental disabilities, state employee unions, providers, advocates, and counties.
History:
1989 c 282 art 6 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252 — Services For Persons With Developmental Disabilities › Section 252.52 — Regional Center And Community-based Facility Employees.

252.52 REGIONAL CENTER AND COMMUNITY-BASED FACILITY EMPLOYEES.
In accordance with section 43A.21, the commissioner 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 commissioner 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.
History:
1988 c 689 art 2 s 110; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252 — Services For Persons With Developmental Disabilities › Section 252.54 — Statewide Disability Employment Technical Assistance Center.

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.
History:
2023 c 61 art 1 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252 — Services For Persons With Developmental Disabilities › Section 252.55 — Lead Agency Employment First Capacity Building Grants.

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.
History:
2023 c 61 art 1 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.01 — Policy And Citation.

252A.01 POLICY AND CITATION.
Subdivision 1.
Policy.
(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.
Subd. 2.
Citation.
Sections 252A.01 to 252A.21 may be cited as the "Public Guardianship for Adults with Developmental Disabilities Act."
History:
1975 c 208 s 1; 1984 c 654 art 5 s 58; 1987 c 185 art 1 s 1; 2004 c 146 art 3 s 14; 2005 c 56 s 1; 2017 c 40 art 1 s 121; 2019 c 50 art 1 s 67; 2021 c 30 art 13 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.03 — Nomination Of Commissioner As Guardian.

252A.03 NOMINATION OF COMMISSIONER AS GUARDIAN.
Subdivision 1.
Nomination of 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.
Subd. 2.
Acceptance or rejection.
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.
Subd. 3.
Standard for acceptance.
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.
Subd. 4.
Alternatives.
(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.
History:
1975 c 208 s 3; 1977 c 415 s 1; 1986 c 444; 1987 c 185 art 1 s 12,13; 1989 c 282 art 6 s 23; 2004 c 146 art 3 s 15; 2005 c 10 art 4 s 8,9; 2005 c 56 s 1; 2017 c 40 art 1 s 121; 2021 c 30 art 13 s 12,13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.04 — Comprehensive Evaluation.

252A.04 COMPREHENSIVE EVALUATION.
Subdivision 1.
Local agency.
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.
Subd. 2.
Medication; treatment.
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.
Subd. 3.
Time.
The local agency shall prepare and forward the comprehensive evaluation to the commissioner within 90 days of the date the commissioner orders the evaluation.
Subd. 4.
File.
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.
History:
1975 c 208 s 4; 1977 c 415 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 14,15; 2020 c 115 art 4 s 98; 2021 c 30 art 13 s 14-16; 2022 c 58 s 120
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.05 — Commissioner's Petition For Appointment As Public Guardian.

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.
History:
1975 c 208 s 5; 1986 c 444; 1987 c 185 art 1 s 16; 1995 c 189 s 8; 1996 c 277 s 1; 2005 c 56 s 1; 2017 c 40 art 1 s 121; 2021 c 30 art 13 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.06 — Petition For Appointment Of Public Guardian.

252A.06 PETITION FOR APPOINTMENT OF PUBLIC GUARDIAN.
Subdivision 1.
Who may file.
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.
Subd. 2.
Contents.
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.
History:
1975 c 208 s 6; 1986 c 444; 1987 c 185 art 1 s 17; 2004 c 146 art 3 s 16; 2005 c 56 s 1; 2017 c 40 art 1 s 121; 2021 c 30 art 13 s 18,19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.07 — Filing Of Comprehensive Evaluation.

252A.07 FILING OF COMPREHENSIVE EVALUATION.
Subdivision 1.
With petition.
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.
Subd. 2.
Copies.
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.
Subd. 3.
Evaluation required; exception.
(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.
History:
1975 c 208 s 7; 1977 c 415 s 3; 1986 c 444; 1987 c 185 art 1 s 18,19; 2005 c 56 s 1; 2021 c 30 art 13 s 20-22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.081 — Notice Of Hearing.

252A.081 NOTICE OF HEARING.
Subdivision 1.
General.
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.
Subd. 2.
Service of notice.
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.
Subd. 3.
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.
Subd. 4.
Service of petition on commissioner.
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.
Subd. 5.
Defective notice of service.
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.
History:
1987 c 185 art 1 s 20; 2004 c 146 art 3 s 17; 2021 c 30 art 13 s 23-25
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.09 — Appointment Of Counsel.

252A.09 APPOINTMENT OF COUNSEL.
Subdivision 1.
Attorney appointment.
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.
Subd. 2.
Representation.
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.
History:
1975 c 208 s 9; 2021 c 30 art 13 s 26,27
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.111 — Powers And Duties Of Public Guardian.

252A.111 POWERS AND DUTIES OF PUBLIC GUARDIAN.
Subdivision 1.
General.
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.
Subd. 2.
Additional powers.
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.
Subd. 3.
[Repealed, 1Sp2001 c 9 art 13 s 29]
Subd. 4.
Appointment of conservator.
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.
Subd. 5.
Local agencies.
The commissioner may carry out the powers and duties prescribed by this chapter directly or through local agencies.
Subd. 6.
Special duties.
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.
History:
1987 c 185 art 1 s 22; 1988 c 532 s 10; 1991 c 292 art 6 s 58 subd 2; 1Sp1993 c 1 art 3 s 17; 1995 c 189 s 8; 1996 c 277 s 1; 1Sp2001 c 9 art 13 s 10; 2002 c 379 art 1 s 113; 2004 c 146 art 3 s 18; 2021 c 30 art 13 s 34-36
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.12 — Appointment Of Public Guardian Not A Finding Of Incompetency.

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.
History:
1975 c 208 s 12; 2005 c 56 s 1; 2017 c 40 art 1 s 121; 2021 c 30 art 13 s 37
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.14 — Commissioner As Advisor.

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.
History:
1975 c 208 s 14; 1987 c 185 art 1 s 23; 2005 c 56 s 1; 2017 c 40 art 1 s 121
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.16 — Annual Review.

252A.16 ANNUAL REVIEW.
Subdivision 1.
Review required.
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.
Subd. 2.
Assessment of need for continued guardianship.
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.
History:
1975 c 208 s 16; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 24; 1Sp2001 c 9 art 13 s 11; 2002 c 379 art 1 s 113; 2021 c 30 art 13 s 38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.17 — Effect Of Succession In Office.

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.
History:
1975 c 208 s 17; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 25; 2021 c 30 art 13 s 39
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.171 — Transfer Of Venue.

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.
History:
1987 c 185 art 1 s 26; 2004 c 146 art 3 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.20 — Costs Of Hearings.

252A.20 COSTS OF HEARINGS.
Subdivision 1.
Witness and attorney fees.
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.
Subd. 2.
Expenses.
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.
Subd. 3.
Change of venue; cost of proceedings.
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.
History:
1975 c 208 s 20; 1984 c 654 art 5 s 58; 1986 c 444; 1987 c 185 art 1 s 31; 1Sp2001 c 9 art 13 s 13; 2002 c 379 art 1 s 113; 2020 c 115 art 4 s 99; 2021 c 30 art 13 s 45; 2022 c 58 s 121
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 252A — Developmental Disability Protection › Section 252A.21 — General Provisions.

252A.21 GENERAL PROVISIONS.
Subdivision 1.
Appeal.
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.
Subd. 2.
Rules.
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.
Subd. 3.
MS 2020 [Repealed, 2021 c 30 art 13 s 84]
Subd. 4.
Private guardianships.
Nothing in sections 252A.01 to 252A.21 shall impair the right of individuals to establish private guardianships in accordance with applicable law.
History:
1975 c 208 s 21; 1983 c 247 s 105; 1985 c 248 s 70; 1986 c 444; 1987 c 185 art 1 s 32; 2012 c 216 art 9 s 8; 2017 c 59 s 6; 2021 c 30 art 13 s 46,47
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.015 — Location; Management; Commitment; Chief Executive Officer.

253.015 LOCATION; MANAGEMENT; COMMITMENT; CHIEF EXECUTIVE OFFICER.
Subdivision 1.
State-operated services for persons with mental illness.
The commissioner of human services shall determine to what state-operated services facility persons with mental illness shall be committed from each county and notify the judge exercising probate jurisdiction thereof, and of changes made from time to time.
Subd. 2.
[Repealed, 1Sp2003 c 14 art 6 s 68]
Subd. 3.
[Repealed, 1Sp2003 c 14 art 6 s 68]
Subd. 4.
[Repealed, 2013 c 59 art 2 s 17]
History:
1947 c 491 s 1; 1951 c 10 s 2; 1965 c 45 s 27; 1984 c 654 art 5 s 58; 1985 c 21 s 41; 1989 c 282 art 6 s 24; 1991 c 292 art 6 s 42; 1Sp1993 c 1 art 7 s 35-37; 1995 c 189 s 8; 1996 c 277 s 1; 2002 c 221 s 16; 1Sp2003 c 14 art 6 s 40; 2013 c 59 art 2 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.016 — Purpose Of Regional Treatment Centers.

253.016 PURPOSE OF REGIONAL TREATMENT CENTERS.
The primary mission of the regional treatment centers for persons with major mental illness is to provide inpatient psychiatric hospital services. The regional treatment centers are part of a comprehensive mental health system. Regional treatment center services must be integrated into an array of services based on assessment of individual needs.
History:
1989 c 282 art 6 s 25
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.017 — Treatment Provided By State-operated Services.

253.017 TREATMENT PROVIDED BY STATE-OPERATED SERVICES.
Subdivision 1.
Active psychiatric treatment.
The state-operated services shall provide active psychiatric treatment according to contemporary professional standards. Treatment must be designed to:
(1) stabilize the individual and the symptoms that required hospital admission;
(2) restore individual functioning to a level permitting return to the community;
(3) strengthen family and community support; and
(4) facilitate discharge, after care, and follow-up as patients return to the community.
Subd. 2.
Need for services.
The commissioner shall determine the need for the psychiatric services provided by the department based upon individual needs assessments of persons in the state-operated services as required by section 245.474, subdivision 2, and an evaluation of: (1) state-operated services programs, (2) programs needed in the region for persons who require hospitalization, and (3) available epidemiologic data. Throughout its planning and implementation, the assessment process must be discussed with the State Advisory Council on Mental Health in accordance with its duties under section 245.697. Continuing assessment of this information must be considered in planning for and implementing changes in state-operated programs and facilities for persons with mental illness. Expansion may be considered only after a thorough analysis of need and in conjunction with a comprehensive mental health plan.
Subd. 3.
Dissemination of admission and stay criteria.
The commissioner shall periodically disseminate criteria for admission and continued stay in a state-operated services facility. The commissioner shall disseminate the criteria to the courts of the state and counties.
History:
1989 c 282 art 6 s 26; 1Sp2003 c 14 art 6 s 41
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.13 — Notice Of Escape Or Death.

253.13 NOTICE OF ESCAPE OR DEATH.
When a convict from the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud who has been committed to a state hospital escapes therefrom or dies therein, the superintendent shall immediately notify the chief executive officer of such facility of such fact.
History:
(4521) RL s 1920; 1965 c 45 s 30; 1979 c 102 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.20 — Minnesota Security Hospital.

253.20 MINNESOTA SECURITY HOSPITAL.
The commissioner of human services shall erect, equip, and maintain in St. Peter and other geographic locations under the control of the commissioner of human services suitable buildings to be known as the Minnesota Security Hospital, for the purpose of providing a secure treatment facility as defined in section 253B.02, subdivision 18a, for persons who may be committed there by courts, or otherwise, or transferred there by the commissioner of human services, 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 commissioner shall supervise and manage the same as in the case of other state hospitals.
History:
(4528) 1907 c 338 s 1; 1957 c 196 s 1; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 44; 1986 c 444; 1Sp2003 c 14 art 6 s 42; 1Sp2005 c 4 art 5 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.21 — Commitment; Proceedings; Restoration Of Mental Health.

253.21 COMMITMENT; 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 shall forthwith notify the commissioner of human services, who 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 shall 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, the prisoner's mental health is restored before the period of commitment to the penal institution has expired, the prisoner shall be removed by the commissioner, upon the certificate of the chief executive officer, to the institution whence the prisoner came to complete the sentence.
History:
(4529) 1907 c 338 s 2; 1913 c 540 s 1; 1957 c 196 s 1; 1979 c 102 s 13; 1984 c 654 art 5 s 58; 1985 c 21 s 45; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1; 2002 c 221 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.22 — Allowances.

253.22 ALLOWANCES.
When any convict is discharged from the Minnesota Security Hospital the convict shall receive the same allowances in money, clothing, and otherwise which the convict would have received on remaining at the sending institution and the expenditures in behalf of the convict shall be made out of the same fund. While at the hospital, the convict shall be clothed and supported as are other patients.
History:
(4530) 1907 c 338 s 3; 1957 c 196 s 1; 1965 c 45 s 32; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.23 — Transfer Proceedings.

253.23 TRANSFER PROCEEDINGS.
When any criminal shall be transferred to the Minnesota Security Hospital the original warrant of commitment to the penal institution shall be sent with the criminal and returned to the penal institution upon return or discharge of the criminal. A certified copy thereof shall be preserved at the penal institution.
History:
(4531) 1907 c 338 s 4; 1957 c 196 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.24 — Terms Of Sentence.

253.24 TERMS OF SENTENCE.
A prisoner who is removed or returned under sections 253.20 to 253.26 shall be held in the place to which the prisoner is so removed or returned in accordance with the terms of the prisoner's original sentence unless sooner discharged and the period of removal shall be counted as a part of the term of the confinement.
History:
(4532) 1907 c 338 s 5; 1986 c 444; 1Sp2003 c 14 art 6 s 67
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253 — Hospitals For Persons With Mental Illness › Section 253.26 — Transfers Of Patients Or Residents.

253.26 TRANSFERS OF PATIENTS OR RESIDENTS.
The commissioner of human services may transfer a committed patient to the Minnesota Security Hospital following a determination that the patient's behavior presents a danger to others and treatment in a secure treatment facility is necessary. The commissioner shall establish a written policy creating the transfer criteria.
History:
(4534) 1907 c 338 s 7; 1955 c 454 s 1; 1957 c 196 s 1; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 47; 1986 c 444; 1Sp2003 c 14 art 6 s 43
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.06 — Initial Assessment.

253B.06 INITIAL ASSESSMENT.
Subdivision 1.
Persons with mental illness or developmental disability.
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.
Subd. 2.
Chemically dependent persons.
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.
Subd. 2a.
Patient refusal.
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.
Subd. 3.
Discharge.
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.
History:
1982 c 581 s 6; 1983 c 251 s 10; 1986 c 444; 1997 c 217 art 1 s 35; 2002 c 221 s 22; 2005 c 56 s 1; 2020 c 115 art 4 s 102; 1Sp2020 c 2 art 6 s 34-36; 2022 c 58 s 125
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.0921 — Access To Medical Records.

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.
History:
1997 c 217 art 1 s 61; 1998 c 313 s 10; 2007 c 147 art 10 s 15; 1Sp2020 c 2 art 6 s 54
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 253B — Civil Commitment › Section 253B.097 — Community-based Treatment.

253B.097 COMMUNITY-BASED TREATMENT.
Subdivision 1.
Findings.
In addition to the findings required under section 253B.09, subdivision 2, an order committing a person to a community-based treatment program must include:
(1) a written plan for services to the patient;
(2) a finding that the proposed treatment is available and accessible to the patient and that public or private financial resources are available to pay for the proposed treatment;
(3) conditions the patient must meet in order to obtain an early release from commitment or to avoid a hearing for further commitment; and
(4) consequences of the patient's failure to follow the commitment order. Consequences may include commitment to another setting for treatment.
Subd. 2.
Case manager.
When a court commits a patient with mental illness to a community-based treatment program, the court shall appoint a case manager from the county agency or other entity under contract with the county agency to provide case management services.
Subd. 3.
Reports.
The case manager shall report to the court at least once every 90 days. The case manager shall immediately report to the court a substantial failure of the patient or provider to comply with the conditions of the commitment.
Subd. 4.
Modification of order.
An order for community-based treatment may be modified upon agreement of the parties and approval of the court.
Subd. 5.
Noncompliance.
The case manager may petition for a reopening of the commitment hearing if a patient or provider fails to comply with the terms of an order for community-based treatment.
Subd. 6.
Immunity from liability.
No treatment facility, community-based treatment program, or person is financially liable, personally or otherwise, for the patient's actions if the facility or person follows accepted community standards of professional practice in the management, supervision, and treatment of the patient. For purposes of this subdivision, "person" means official, staff, employee of the treatment facility, community-based treatment program, physician, or other individual who is responsible for a patient's management, supervision, or treatment under this section.
History:
1988 c 623 s 7; 1997 c 217 art 1 s 117; 1Sp2020 c 2 art 6 s 56-59