HF 183

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil commitment; modifying provisions 
  1.3             governing parental consent to chemical dependency 
  1.4             treatment for minors; amending Minnesota Statutes 
  1.5             1998, section 253B.04, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 253B.04, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [VOLUNTARY ADMISSION AND TREATMENT.] (a) 
  1.10  Voluntary admission is preferred over involuntary commitment and 
  1.11  treatment.  Any person 16 years of age or older may request to 
  1.12  be admitted to a treatment facility as a voluntary patient for 
  1.13  observation, evaluation, diagnosis, care and treatment without 
  1.14  making formal written application.  Any person under the age of 
  1.15  16 years may be admitted as a voluntary patient with the consent 
  1.16  of a parent or legal guardian if it is determined by independent 
  1.17  examination that there is reasonable evidence that (a) (1) the 
  1.18  proposed patient is mentally ill, mentally retarded, or 
  1.19  chemically dependent; and (b) (2) the proposed patient is 
  1.20  suitable for treatment.  The head of the treatment facility 
  1.21  shall not arbitrarily refuse any person seeking admission as a 
  1.22  voluntary patient. 
  1.23     (b) In addition to the consent provisions of paragraph (a), 
  1.24  a person who is 16 or 17 years of age may be admitted as a 
  1.25  voluntary patient for chemical dependency treatment with the 
  2.1   consent of a parent or legal guardian as provided in this 
  2.2   paragraph.  If it is determined by an independent examination 
  2.3   that there is reasonable evidence that the proposed patient is 
  2.4   chemically dependent and suitable for treatment, the person 
  2.5   conducting the examination shall notify the proposed patient of 
  2.6   this determination and inform the proposed patient that: 
  2.7      (1) the proposed patient has the right to obtain a second 
  2.8   independent examination, which may be performed by an examiner 
  2.9   chosen by the proposed patient; and 
  2.10     (2) if the proposed patient does not request a second 
  2.11  independent examination within five days or if a second 
  2.12  independent examination determines that there is reasonable 
  2.13  evidence that the proposed patient is chemically dependent and 
  2.14  suitable for treatment, the proposed patient may be admitted as 
  2.15  a voluntary patient by a parent or legal guardian. 
  2.16     If the proposed patient does not request a second 
  2.17  independent examination within five days of receiving the notice 
  2.18  or if it is determined by a second independent examination that 
  2.19  there is reasonable evidence that the proposed patient is 
  2.20  chemically dependent and suitable for treatment, the proposed 
  2.21  patient may be admitted as a voluntary patient with the consent 
  2.22  of a parent or legal guardian.