1.1                          A bill for an act 
  1.2             relating to public guardianship; appropriating money; 
  1.3             amending Minnesota Statutes 2000, sections 252A.02, 
  1.4             subdivisions 3, 12, 13, and by adding a subdivision; 
  1.5             252A.111, subdivisions 5 and 6; 252A.14; 252A.16, 
  1.6             subdivision 1; 252A.20, subdivision 1; 252A.21, 
  1.7             subdivision 2; repealing Minnesota Statutes 2000, 
  1.8             section 252A.111, subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 252A.02, 
  1.11  subdivision 3, is amended to read: 
  1.12     Subd. 3.  [COMMISSIONER.] "Commissioner" means the 
  1.13  commissioner of human services or the commissioner's contracted 
  1.14  guardianship service provider designees.  
  1.15     Sec. 2.  Minnesota Statutes 2000, section 252A.02, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 3a.  [GUARDIANSHIP SERVICE PROVIDERS.] "Guardianship 
  1.18  service providers" are individuals or agencies that meet the 
  1.19  ethical conduct and best practice standards of the National 
  1.20  Guardianship Association, meet the criminal background check 
  1.21  requirements of section 245A.04, and do not provide any other 
  1.22  services to the individuals for whom guardianship services are 
  1.23  provided. 
  1.24     Sec. 3.  Minnesota Statutes 2000, section 252A.02, 
  1.25  subdivision 12, is amended to read: 
  1.26     Subd. 12.  [COMPREHENSIVE EVALUATION.] "Comprehensive 
  1.27  evaluation" shall consist of: 
  2.1      (1) a medical report on the health status and physical 
  2.2   condition of the proposed ward, prepared under the direction of 
  2.3   a licensed physician; 
  2.4      (2) a report on the proposed ward's intellectual capacity 
  2.5   and functional abilities, specifying the tests and other data 
  2.6   used in reaching its conclusions, prepared by a psychologist who 
  2.7   is qualified in the diagnosis of mental retardation; and 
  2.8      (3) a report from the case manager that includes: 
  2.9      (i) the most current assessment of individual service needs 
  2.10  as described in rules of the commissioner; 
  2.11     (ii) the most current individual service plan as described 
  2.12  in rules of the commissioner under section 256B.092, subdivision 
  2.13  1b; and 
  2.14     (iii) a description of contacts with and responses of near 
  2.15  relatives of the proposed ward notifying them that a nomination 
  2.16  for public guardianship has been made and advising them that 
  2.17  they may seek private guardianship.  
  2.18     Each report shall contain recommendations as to the amount 
  2.19  of assistance and supervision required by the proposed ward to 
  2.20  function as independently as possible in society.  To be 
  2.21  considered part of the comprehensive evaluation, reports must be 
  2.22  completed no more than one year before filing the petition under 
  2.23  section 252A.05.  
  2.24     Sec. 4.  Minnesota Statutes 2000, section 252A.02, 
  2.25  subdivision 13, is amended to read: 
  2.26     Subd. 13.  [CASE MANAGER.] "Case manager" means the person 
  2.27  designated by the county board under rules of the commissioner 
  2.28  to provide case management services under section 256B.092. 
  2.29     Sec. 5.  Minnesota Statutes 2000, section 252A.111, 
  2.30  subdivision 5, is amended to read: 
  2.31     Subd. 5.  [LOCAL AGENCIES CONTRACT FOR GUARDIANSHIP 
  2.32  SERVICES.] The commissioner may carry out the powers and duties 
  2.33  prescribed by this chapter directly or through local agencies by 
  2.34  contracting with eligible guardianship service providers. 
  2.35     Sec. 6.  Minnesota Statutes 2000, section 252A.111, 
  2.36  subdivision 6, is amended to read: 
  3.1      Subd. 6.  [SPECIAL DUTIES.] In exercising powers and duties 
  3.2   under this chapter, the commissioner shall ensure that 
  3.3   designated contractors: 
  3.4      (1) maintain close contact with the ward, visiting at least 
  3.5   twice a year quarterly; 
  3.6      (2) prohibit filming a ward in any way that would reveal 
  3.7   the identity of the ward unless the commissioner determines the 
  3.8   filming to be in the best interests of the ward.  The 
  3.9   commissioner may give written consent for filming of the ward 
  3.10  after permitting and encouraging input by the nearest relative 
  3.11  protect and exercise the legal rights of the ward; 
  3.12     (3) take actions and make decisions on behalf of the ward 
  3.13  that encourage and allow the maximum level of independent 
  3.14  functioning in a manner least restrictive of the ward's personal 
  3.15  freedom consistent with the need for supervision and protection; 
  3.16  and 
  3.17     (4) permit and encourage maximum self-reliance on the part 
  3.18  of the ward and permit and encourage input by the nearest 
  3.19  relative of the ward in planning and decision making on behalf 
  3.20  of the ward. 
  3.21     Sec. 7.  Minnesota Statutes 2000, section 252A.14, is 
  3.22  amended to read: 
  3.23     252A.14 [COMMISSIONER AS ADVISOR.] 
  3.24     The commissioner, acting through the local agency, shall 
  3.25  seek out advise those mentally retarded persons who are in need 
  3.26  of guardianship and shall advise them as to the availability of 
  3.27  suitable services and assistance.  The provision of advice and 
  3.28  guidance may be made without prior appointment by a court and 
  3.29  shall not be dependent upon a finding of incompetency.  The 
  3.30  provision of services by the commissioner does not authorize the 
  3.31  care, treatment, supervision, or any control over any mentally 
  3.32  retarded person. 
  3.33     Sec. 8.  Minnesota Statutes 2000, section 252A.16, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [REVIEW REQUIRED.] The commissioner 
  3.36  shall provide require an annual review of the physical, mental, 
  4.1   and social adjustment and progress of every ward and 
  4.2   conservatee.  A copy of this review shall be kept on file at the 
  4.3   department of human services and may be inspected by the ward or 
  4.4   conservatee, the ward's or conservatee's parents, spouse, or 
  4.5   relatives and other persons who receive the permission of the 
  4.6   commissioner.  The review shall contain information required 
  4.7   under rules of the commissioner Minnesota Rules, part 9525.3065, 
  4.8   subpart 1.  
  4.9      Sec. 9.  Minnesota Statutes 2000, section 252A.20, 
  4.10  subdivision 1, is amended to read: 
  4.11     Subdivision 1.  [WITNESS AND ATTORNEY FEES.] In each 
  4.12  proceeding under sections 252A.01 to 252A.21, the court shall 
  4.13  allow and order paid to each witness subpoenaed the fees and 
  4.14  mileage prescribed by law; to each physician, psychologist, or 
  4.15  social worker who assists in the preparation of the 
  4.16  comprehensive evaluation and who is not in the employ of the 
  4.17  local agency, or the state department of human services, or area 
  4.18  mental health-mental retardation board, a reasonable sum for 
  4.19  services and for travel; and to the ward's counsel, when 
  4.20  appointed by the court, a reasonable sum for travel and for each 
  4.21  day or portion of a day actually employed in court or actually 
  4.22  consumed in preparing for the hearing.  Upon order the county 
  4.23  auditor shall issue a warrant on the county treasurer for 
  4.24  payment of the amount allowed. 
  4.25     Sec. 10.  Minnesota Statutes 2000, section 252A.21, 
  4.26  subdivision 2, is amended to read: 
  4.27     Subd. 2.  [RULES.] The commissioner shall adopt rules to 
  4.28  implement this chapter.  For Minnesota Rules, parts 9525.3010 to 
  4.29  9525.3100, the term "contracted guardian" is substituted for 
  4.30  "county staff."  The rules must include standards for 
  4.31  performance of guardianship or conservatorship duties including, 
  4.32  but not limited to:  twice a year quarterly visits with the 
  4.33  ward; quarterly reviews of records from day, residential, and 
  4.34  support services; a requirement that the duties of guardianship 
  4.35  or conservatorship and case management or any other service not 
  4.36  be performed by the same person or agency; specific standards 
  5.1   for action on "do not resuscitate" orders, sterilization 
  5.2   requests, and the use of psychotropic medication and aversive 
  5.3   procedures.  
  5.4      Sec. 11.  [PUBLIC GUARDIANSHIP ALTERNATIVES.] 
  5.5      Each county agency with persons under public guardianship 
  5.6   shall develop a plan to discharge all those public guardianships 
  5.7   for which appropriate private alternatives can be established.  
  5.8   Private agencies cannot provide guardianship services to 
  5.9   individuals who receive other services from the same agency. 
  5.10     The commissioner of human services shall provide county 
  5.11  agencies with funds for public guardianship alternatives based 
  5.12  on proposals by the counties to establish private alternatives. 
  5.13     Sec. 12.  [APPROPRIATION.] 
  5.14     $....... is appropriated from the general fund to the 
  5.15  commissioner of human services for the biennium beginning July 
  5.16  1, 2001, for purposes of providing fiscal incentives to 
  5.17  encourage counties to establish private alternatives and 
  5.18  contract for public guardianship under section 11. 
  5.19     $....... is appropriated from the general fund to the 
  5.20  commissioner of human services for the biennium beginning July 
  5.21  1, 2001, for purposes of contracting with guardianship service 
  5.22  providers, as defined in Minnesota Statutes, section 252A.02, 
  5.23  subdivision 3a. 
  5.24     Sec. 13.  [REPEALER.] 
  5.25     Minnesota Statutes 2000, section 252A.111, subdivision 3, 
  5.26  is repealed.