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HF 1653

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/09/2021 12:24pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2021
1st Engrossment Posted on 03/09/2021

Current Version - 1st Engrossment

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A bill for an act
relating to human services; permitting the commissioner to collect data about
children's mental health screenings; clarifying requirements for public guardianship
for a person with a developmental disability; modifying requirements for a petition
for an appointment of public guardianship for a person with a developmental
disability; changing terminology and making related changes; making technical
changes; amending Minnesota Statutes 2020, sections 245.4874, subdivision 1;
252A.01, subdivision 1; 252A.02, subdivisions 2, 9, 11, 12, by adding subdivisions;
252A.03, subdivisions 3, 4; 252A.04, subdivisions 1, 2, 4; 252A.05; 252A.06,
subdivisions 1, 2; 252A.07, subdivisions 1, 2, 3; 252A.081, subdivisions 2, 3, 5;
252A.09, subdivisions 1, 2; 252A.101, subdivisions 2, 3, 5, 6, 7, 8; 252A.111,
subdivisions 2, 4, 6; 252A.12; 252A.16; 252A.17; 252A.19, subdivisions 2, 4, 5,
7, 8; 252A.20; 252A.21, subdivisions 2, 4; repealing Minnesota Statutes 2020,
sections 252A.02, subdivisions 8, 10; 252A.21, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 245.4874, subdivision 1, is amended to read:


Subdivision 1.

Duties of county board.

(a) The county board must:

(1) develop a system of affordable and locally available children's mental health services
according to sections 245.487 to 245.4889;

(2) consider the assessment of unmet needs in the county as reported by the local
children's mental health advisory council under section 245.4875, subdivision 5, paragraph
(b), clause (3). The county shall provide, upon request of the local children's mental health
advisory council, readily available data to assist in the determination of unmet needs;

(3) assure that parents and providers in the county receive information about how to
gain access to services provided according to sections 245.487 to 245.4889;

(4) coordinate the delivery of children's mental health services with services provided
by social services, education, corrections, health, and vocational agencies to improve the
availability of mental health services to children and the cost-effectiveness of their delivery;

(5) assure that mental health services delivered according to sections 245.487 to 245.4889
are delivered expeditiously and are appropriate to the child's diagnostic assessment and
individual treatment plan;

(6) provide for case management services to each child with severe emotional disturbance
according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881, subdivisions
1, 3, and 5
;

(7) provide for screening of each child under section 245.4885 upon admission to a
residential treatment facility, acute care hospital inpatient treatment, or informal admission
to a regional treatment center;

(8) prudently administer grants and purchase-of-service contracts that the county board
determines are necessary to fulfill its responsibilities under sections 245.487 to 245.4889;

(9) assure that mental health professionals, mental health practitioners, and case managers
employed by or under contract to the county to provide mental health services are qualified
under section 245.4871;

(10) assure that children's mental health services are coordinated with adult mental health
services specified in sections 245.461 to 245.486 so that a continuum of mental health
services is available to serve persons with mental illness, regardless of the person's age;

(11) assure that culturally competent mental health consultants are used as necessary to
assist the county board in assessing and providing appropriate treatment for children of
cultural or racial minority heritage; and

(12) consistent with section 245.486, arrange for or provide a children's mental health
screening for:

(i) a child receiving child protective services;

(ii) a child in out-of-home placement;

(iii) a child for whom parental rights have been terminated;

(iv) a child found to be delinquent; or

(v) a child found to have committed a juvenile petty offense for the third or subsequent
time.

A children's mental health screening is not required when a screening or diagnostic
assessment has been performed within the previous 180 days, or the child is currently under
the care of a mental health professional.

(b) When a child is receiving protective services or is in out-of-home placement, the
court or county agency must notify a parent or guardian whose parental rights have not been
terminated of the potential mental health screening and the option to prevent the screening
by notifying the court or county agency in writing.

(c) When a child is found to be delinquent or a child is found to have committed a
juvenile petty offense for the third or subsequent time, the court or county agency must
obtain written informed consent from the parent or legal guardian before a screening is
conducted unless the court, notwithstanding the parent's failure to consent, determines that
the screening is in the child's best interest.

(d) The screening shall be conducted with a screening instrument approved by the
commissioner of human services according to criteria that are updated and issued annually
to ensure that approved screening instruments are valid and useful for child welfare and
juvenile justice populations. Screenings shall be conducted by a mental health practitioner
as defined in section 245.4871, subdivision 26, or a probation officer or local social services
agency staff person who is trained in the use of the screening instrument. Training in the
use of the instrument shall include:

(1) training in the administration of the instrument;

(2) the interpretation of its validity given the child's current circumstances;

(3) the state and federal data practices laws and confidentiality standards;

(4) the parental consent requirement; and

(5) providing respect for families and cultural values.

If the screen indicates a need for assessment, the child's family, or if the family lacks
mental health insurance, the local social services agency, in consultation with the child's
family, shall have conducted a diagnostic assessment, including a functional assessment.
The administration of the screening shall safeguard the privacy of children receiving the
screening and their families and shall comply with the Minnesota Government Data Practices
Act, chapter 13, and the federal Health Insurance Portability and Accountability Act of
1996, Public Law 104-191. Screening results deleted text beginshall be considered private datadeleted text end new text beginare classified
as private data on individuals, as defined by section 13.02, subdivision 12
new text end deleted text beginand the
commissioner shall not collect individual screening results
deleted text end.new text begin The county board or tribal nation
may provide the commissioner with access to the screening results for the purposes of
program evaluation and improvement.
new text end

(e) When the county board refers clients to providers of children's therapeutic services
and supports under section 256B.0943, the county board must clearly identify the desired
services components not covered under section 256B.0943 and identify the reimbursement
source for those requested services, the method of payment, and the payment rate to the
provider.

Sec. 2.

Minnesota Statutes 2020, section 252A.01, subdivision 1, is amended to read:


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 deleted text beginor conservatorshipdeleted text end 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 deleted text beginassuringdeleted text endnew text begin ensuringnew text end that they receive the full range of needed social, financial,
residential, and habilitative services to which they are lawfully entitled.

(b) Public guardianship deleted text beginor conservatorshipdeleted text end is the most restrictive form of guardianship
deleted text begin or conservatorshipdeleted text end and should be imposed only when deleted text beginno other acceptable alternative is
available
deleted text endnew text begin 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
new text end.

Sec. 3.

Minnesota Statutes 2020, section 252A.02, subdivision 2, is amended to read:


Subd. 2.

Person with a developmental disability.

"Person with a developmental
disability" refers to any person age 18 or older whonew text begin:
new text end

new text begin (1)new text end has been diagnosed as having deleted text beginsignificantly subaverage intellectual functioning existing
concurrently with demonstrated deficits in adaptive behavior such as to require supervision
and protection for the person's welfare or the public welfare.
deleted text endnew text begin a developmental disability;
new text end

new text begin (2) is impaired to the extent of lacking sufficient understanding or capacity to make
personal decisions; and
new text end

new text begin (3) is unable to meet personal needs for medical care, nutrition, clothing, shelter, or
safety, even with appropriate technological and supported decision-making assistance.
new text end

Sec. 4.

Minnesota Statutes 2020, section 252A.02, subdivision 9, is amended to read:


Subd. 9.

deleted text beginWarddeleted text endnew text begin Person subject to public guardianshipnew text end.

deleted text begin"Ward"deleted text endnew text begin "Person subject to
public guardianship"
new text end means a person with a developmental disability for whom the court
has appointed a public guardian.

Sec. 5.

Minnesota Statutes 2020, section 252A.02, subdivision 11, is amended to read:


Subd. 11.

Interested person.

"Interested person" means an interested responsible adult,
deleted text begin including, but not limited to, a public official, guardian, spouse, parent, adult sibling, legal
counsel, adult child, or next of kin of a person alleged to have a developmental disability.
deleted text endnew text begin
including but not limited to:
new text end

new text begin (1) the person subject to guardianship, protected person, or respondent;
new text end

new text begin (2) a nominated guardian or conservator;
new text end

new text begin (3) a legal representative;
new text end

new text begin (4) the spouse; parent, including stepparent; adult children, including adult stepchildren
of a living spouse; and siblings. If no such persons are living or can be located, the next of
kin of the person subject to public guardianship or the respondent is an interested person;
new text end

new text begin (5) a representative of a state ombudsman's office or a federal protection and advocacy
program that has notified the commissioner or lead agency that it has a matter regarding
the protected person subject to guardianship, person subject to conservatorship, or respondent;
and
new text end

new text begin (6) a health care agent or proxy appointed pursuant to a health care directive as defined
in section 145C.01, subdivision 5a; a living will under chapter 145B; or other similar
documentation executed in another state and enforceable under the laws of this state.
new text end

Sec. 6.

Minnesota Statutes 2020, section 252A.02, subdivision 12, is amended to read:


Subd. 12.

Comprehensive evaluation.

new text begin(a) new text end"Comprehensive evaluation" deleted text beginshall consistdeleted text endnew text begin
consists
new text end of:

(1) a medical report on the health status and physical condition of the proposed deleted text beginward,deleted text endnew text begin
person subject to public guardianship
new text end prepared under the direction of a licensed physician
or advanced practice registered nurse;

(2) a report on the deleted text beginproposed ward'sdeleted text end intellectual capacity and functional abilitiesdeleted text begin, specifyingdeleted text endnew text begin
of the proposed person subject to public guardianship that specifies
new text end the tests and other data
used in reaching its conclusionsdeleted text begin,deleted text endnew text begin and isnew text end prepared by a psychologist who is qualified in the
diagnosis of developmental disability; and

(3) a report from the case manager that includes:

(i) the most current assessment of individual service needs as described in rules of the
commissioner;

(ii) the most current deleted text beginindividual service plandeleted text end new text begincoordinated service and support plannew text end under
section 256B.092, subdivision 1b; and

(iii) a description of contacts with and responses of near relatives of the proposed deleted text beginwarddeleted text endnew text begin
person subject to public guardianship
new text end notifying deleted text beginthemdeleted text endnew text begin the near relativesnew text end that a nomination
for public guardianship has been made and advising deleted text beginthemdeleted text endnew text begin the near relativesnew text end that they may
seek private guardianship.

new text begin (b) new text endEach report new text beginunder paragraph (a), clause (3), new text endshall contain recommendations as to the
amount of assistance and supervision required by the proposed deleted text beginwarddeleted text endnew text begin person subject to public
guardianship
new text end to function as independently as possible in society. To be considered part of
the comprehensive evaluation, new text beginthe new text endreports must be completed no more than one year before
filing the petition under section 252A.05.

Sec. 7.

Minnesota Statutes 2020, section 252A.02, is amended by adding a subdivision to
read:


new text begin Subd. 16. new text end

new text begin Protected person. new text end

new text begin "Protected person" means a person for whom a guardian
or conservator has been appointed or other protective order has been sought. A protected
person may be a minor.
new text end

Sec. 8.

Minnesota Statutes 2020, section 252A.02, is amended by adding a subdivision to
read:


new text begin Subd. 17. new text end

new text begin Respondent. new text end

new text begin "Respondent" means an individual for whom the appointment
of a guardian or conservator or other protective order is sought.
new text end

Sec. 9.

Minnesota Statutes 2020, section 252A.02, is amended by adding a subdivision to
read:


new text begin Subd. 18. new text end

new text begin Supported decision making. new text end

new text begin "Supported decision making" means assistance
to understand the nature and consequences of personal and financial decisions from one or
more persons of the individual's choosing to enable the individual to make the personal and
financial decisions and, when consistent with the individual's wishes, to communicate a
decision once made.
new text end

Sec. 10.

Minnesota Statutes 2020, section 252A.03, subdivision 3, is amended to read:


Subd. 3.

Standard for acceptance.

The commissioner shall accept the nomination ifnew text begin:new text end
deleted text begin the comprehensive evaluation concludes that:
deleted text end

deleted text begin (1) the person alleged to have developmental disability is, in fact, developmentally
disabled;
deleted text end new text begin (1) the person's assessment confirms that they are a person with a developmental
disability under section 252A.02, subdivision 2;
new text end

(2) the person is in need of the supervision and protection of a deleted text beginconservator ordeleted text end guardian;
deleted text begin and
deleted text end

(3) no qualified person is willing to assume guardianship deleted text beginor conservatorshipdeleted text end under
sections 524.5-101 to 524.5-502deleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) the person subject to public guardianship was included in the process prior to the
submission of the nomination.
new text end

Sec. 11.

Minnesota Statutes 2020, section 252A.03, subdivision 4, is amended to read:


Subd. 4.

Alternatives.

new text begin(a) new text endPublic guardianship deleted text beginor conservatorshipdeleted text end may be imposed only
whennew text begin:
new text end

new text begin (1) the person subject to guardianship is impaired to the extent of lacking sufficient
understanding or capacity to make personal decisions;
new text end

new text begin (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
new text end

new text begin (3)new text end no acceptable, less restrictive form of guardianship deleted text beginor conservatorshipdeleted text end is available.

new text begin (b)new text end 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 deleted text beginor conservatordeleted text end, 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 deleted text beginor
conservators
deleted text end.

Sec. 12.

Minnesota Statutes 2020, section 252A.04, subdivision 1, is amended to read:


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 deleted text beginwarddeleted text endnew text begin person
subject to public guardianship
new text end resides to coordinate or arrange for a comprehensive evaluation
of the proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end.

Sec. 13.

Minnesota Statutes 2020, section 252A.04, subdivision 2, is amended to read:


Subd. 2.

Medication; treatment.

A proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end
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 or advanced practice registered nurse attending the proposed deleted text beginwarddeleted text endnew text begin
person subject to public guardianship
new text end, the discontinuance of medication or other treatment
is not in the deleted text beginproposed ward'sdeleted text end best interestnew text begin of the proposed person subject to public
guardianship
new text end, the physician or advanced practice registered nurse shall record a list of all
drugs, medicationnew text begin,new text end or other treatment deleted text beginwhichdeleted text endnew text begin thatnew text end the proposed deleted text beginwarddeleted text endnew text begin person subject to public
guardianship
new text end received 48 hours immediately prior to any examination, testnew text begin,new text end or interview
conducted in preparation for the comprehensive evaluation.

Sec. 14.

Minnesota Statutes 2020, section 252A.04, subdivision 4, is amended to read:


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 deleted text beginwarddeleted text endnew text begin person subject to
public guardianship
new text end and deleted text beginsuchdeleted text end other persons deleted text beginas may be given permissiondeleted text endnew text begin permittednew text end by the
commissioner.

Sec. 15.

Minnesota Statutes 2020, section 252A.05, is amended to read:


252A.05 COMMISSIONER'S PETITION FOR APPOINTMENT AS PUBLIC
GUARDIAN deleted text beginOR PUBLIC CONSERVATORdeleted text end.

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 deleted text beginpublic conservator ordeleted text end public guardian of
the person with a developmental disability.

Sec. 16.

Minnesota Statutes 2020, section 252A.06, subdivision 1, is amended to read:


Subdivision 1.

Who may file.

deleted text beginThe commissioner, the local agency, a person with a
developmental disability or any parent, spouse or relative of a person with a developmental
disability may file
deleted text end A verified petition alleging that the appointment of a deleted text beginpublic conservator
or
deleted text end public guardian is requirednew text begin 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
new text end.

Sec. 17.

Minnesota Statutes 2020, section 252A.06, subdivision 2, is amended to read:


Subd. 2.

Contents.

The petition shall set forth:

(1) the name and address of the petitionerdeleted text begin,deleted text end and, in the case of a petition brought by a
person other than the commissioner, whether the petitioner is a parent, spouse, or relative
deleted text begin of the proposed warddeleted text endnew text begin of the proposed person subject to guardianshipnew text end;

(2) whether the commissioner has accepted a nomination to act as deleted text beginpublic conservator
or
deleted text end public guardian;

(3) the name, address, and date of birth of the proposed deleted text beginwarddeleted text endnew text begin person subject to public
guardianship
new text end;

(4) the names and addresses of the nearest relatives and spouse, if any, of the proposed
deleted text begin warddeleted text endnew text begin person subject to public guardianshipnew text end;

(5) the probable value and general character of the deleted text beginproposed ward'sdeleted text end real and personal
propertynew text begin of the proposed person subject to public guardianshipnew text end and the probable amount of
the deleted text beginproposed ward'sdeleted text end debtsnew text begin of the proposed person subject to public guardianshipnew text end;new text begin and
new text end

(6) the facts supporting the establishment of public deleted text beginconservatorship ordeleted text end guardianship,
including that no family member or other qualified individual is willing to assume
guardianship deleted text beginor conservatorshipdeleted text end responsibilities under sections 524.5-101 to 524.5-502deleted text begin;
and
deleted text endnew text begin.
new text end

deleted text begin (7) if conservatorship is requested, the powers the petitioner believes are necessary to
protect and supervise the proposed conservatee.
deleted text end

Sec. 18.

Minnesota Statutes 2020, section 252A.07, subdivision 1, is amended to read:


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 deleted text beginforwarddeleted text endnew text begin sendnew text end 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 deleted text beginforwardeddeleted text endnew text begin providednew text end to the court
within 90 days.

Sec. 19.

Minnesota Statutes 2020, section 252A.07, subdivision 2, is amended to read:


Subd. 2.

Copies.

A copy of the comprehensive evaluation shall be made available by
the court to the proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end, the deleted text beginproposed ward'sdeleted text end
counselnew text begin of the proposed person subject to public guardianshipnew text end, the county attorney, the
attorney generalnew text begin,new text end and the petitioner.

Sec. 20.

Minnesota Statutes 2020, section 252A.07, subdivision 3, is amended to read:


Subd. 3.

Evaluation required; exception.

new text begin(a) new text endNo action for the appointment of a public
guardian may proceed to hearing unless a comprehensive evaluation has been first filed
with the courtdeleted text begin; provided, however, that an action may proceed and a guardian appointeddeleted text endnew text begin.
new text end

new text begin (b) Paragraph (a) does not applynew text end if the director of the local agency responsible for
conducting the comprehensive evaluation has filed an affidavit that the proposed deleted text beginwarddeleted text endnew text begin
person subject to public guardianship
new text end refused to participate in the comprehensive evaluation
and the court finds on the basis of clear and convincing evidence that the proposed deleted text beginwarddeleted text endnew text begin
person subject to public guardianship
new text end is developmentally disabled and in need of the
supervision and protection of a guardian.

Sec. 21.

Minnesota Statutes 2020, section 252A.081, subdivision 2, is amended to read:


Subd. 2.

Service of notice.

Service of notice on the deleted text beginwarddeleted text endnew text begin person subject to public
guardianship
new text end or proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end must be made by a
nonuniformed personnew text begin or nonuniformed visitornew text end. To the extent possible, the deleted text beginprocess server or
visitor
deleted text endnew text begin person or visitor serving the noticenew text end shall explain the document's meaning to the
proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end. 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.

Sec. 22.

Minnesota Statutes 2020, section 252A.081, subdivision 3, is amended to read:


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
deleted text begin warddeleted text endnew text begin person subject to public guardianshipnew text end unless an attorney is provided by other persons.

Sec. 23.

Minnesota Statutes 2020, section 252A.081, subdivision 5, is amended to read:


Subd. 5.

Defective notice of service.

A defect in the service of notice or process, other
than personal service upon the proposed deleted text beginward or conservateedeleted text endnew text begin person subject to public
guardianship
new text end 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 deleted text beginor conservatorshipdeleted text end proceedings.

Sec. 24.

Minnesota Statutes 2020, section 252A.09, subdivision 1, is amended to read:


Subdivision 1.

Attorney appointment.

Upon the filing of the petition, the court shall
appoint an attorney for the proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end, unless
such counsel is provided by others.

Sec. 25.

Minnesota Statutes 2020, section 252A.09, subdivision 2, is amended to read:


Subd. 2.

Representation.

Counsel shall visit with and, to the extent possible, consult
with the proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end prior to the hearing and shall
be given adequate time to prepare deleted text begintherefordeleted text endnew text begin for the hearingnew text end. 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.

Sec. 26.

Minnesota Statutes 2020, section 252A.101, subdivision 2, is amended to read:


Subd. 2.

Waiver of presence.

The proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end
may waive the right to be present at the hearing only if the proposed deleted text beginwarddeleted text endnew text begin person subject
to public guardianship
new text end has met with counsel and specifically waived the right to appear.

Sec. 27.

Minnesota Statutes 2020, section 252A.101, subdivision 3, is amended to read:


Subd. 3.

Medical care.

If, at the time of the hearing, the proposed deleted text beginwarddeleted text endnew text begin person subject
to public guardianship
new text end has been under medical care, the deleted text beginwarddeleted text endnew text begin person subject to public
guardianship
new text end has the same rights regarding limitation on the use of drugs, medication, or
other treatment before the hearing that are available under section 252A.04, subdivision 2.

Sec. 28.

Minnesota Statutes 2020, section 252A.101, subdivision 5, is amended to read:


Subd. 5.

Findings.

(a) In all cases the court shall make specific written findings of fact,
conclusions of law, and direct entry of an appropriate judgment or order. The court shall
order the appointment of the commissioner as guardian deleted text beginor conservatordeleted text end if it finds that:

(1) the proposed deleted text beginward or conservateedeleted text endnew text begin person subject to public guardianshipnew text end is a person
with a developmental disability as defined in section 252A.02, subdivision 2;

(2) the proposed deleted text beginward or conservateedeleted text endnew text begin person subject to public guardianshipnew text end is incapable
of exercising specific legal rights, which must be enumerated in deleted text beginitsdeleted text endnew text begin the court'snew text end findings;

(3) the proposed deleted text beginward or conservateedeleted text endnew text begin person subject to public guardianshipnew text end is in need
of the supervision and protection of a new text beginpublic new text endguardian deleted text beginor conservatordeleted text end; and

(4) no appropriate alternatives to public guardianship deleted text beginor public conservatorshipdeleted text end exist
that are less restrictive of the person's civil rights and liberties, such as appointing a new text beginprivate
new text end guardiannew text begin,new text end deleted text beginor conservatordeleted text endnew text begin supported decision maker, or health care agent; or arranging
residential or community services
new text end under sections 524.5-101 to 524.5-502.

(b) The court shall grant the specific powers that are necessary for the commissioner to
act as public guardian deleted text beginor conservatordeleted text end on behalf of the deleted text beginward or conservateedeleted text endnew text begin person subject
to public guardianship
new text end.

Sec. 29.

Minnesota Statutes 2020, section 252A.101, subdivision 6, is amended to read:


Subd. 6.

Notice of order; appeal.

A copy of the order shall be served by mail upon the
deleted text begin ward or conservateedeleted text endnew text begin person subject to public guardianshipnew text end and the deleted text beginward'sdeleted text end counselnew text begin of the
person subject to public guardianship
new text end. The order must be accompanied by a notice that
advises the deleted text beginward or conservateedeleted text endnew text begin person subject to public guardianshipnew text end of the right to appeal
the guardianship deleted text beginor conservatorshipdeleted text end appointment within 30 days.

Sec. 30.

Minnesota Statutes 2020, section 252A.101, subdivision 7, is amended to read:


Subd. 7.

Letters of guardianship.

new text begin(a) new text endLetters of guardianship deleted text beginor conservatorshipdeleted text end must
be issued by the court and contain:

(1) the name, address, and telephone number of the deleted text beginward or conservateedeleted text endnew text begin person subject
to public guardianship
new text end; and

(2) the powers to be exercised on behalf of the deleted text beginward or conservateedeleted text endnew text begin person subject to
public guardianship
new text end.

new text begin (b) new text endThe lettersnew text begin under paragraph (a)new text end must be served by mail upon the deleted text beginward or conservateedeleted text endnew text begin
person subject to public guardianship
new text end, the deleted text beginward'sdeleted text end counselnew text begin of the person subject to public
guardianship
new text end, the commissioner, and the local agency.

Sec. 31.

Minnesota Statutes 2020, section 252A.101, subdivision 8, is amended to read:


Subd. 8.

Dismissal.

If upon the completion of the hearing and consideration of the record,
the court finds that the proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end is not
developmentally disabled or is developmentally disabled but not in need of the supervision
and protection of a deleted text beginconservator ordeleted text endnew text begin publicnew text end guardian, deleted text beginitdeleted text endnew text begin the courtnew text end shall dismiss the application
and shall notify the proposed deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end, the deleted text beginward'sdeleted text end counselnew text begin
of the person subject to public guardianship
new text end, and the petitionernew text begin of the court's findingsnew text end.

Sec. 32.

Minnesota Statutes 2020, section 252A.111, subdivision 2, is amended to read:


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 deleted text beginwarddeleted text endnew text begin person subject to public
guardianship
new text end to marry;

(2) the power to begin legal action or defend against legal action in the name of the deleted text beginwarddeleted text endnew text begin
person subject to public guardianship
new text end; and

(3) the power to consent to the adoption of the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end
as provided in section 259.24.

Sec. 33.

Minnesota Statutes 2020, section 252A.111, subdivision 4, is amended to read:


Subd. 4.

Appointment of conservator.

If the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end
has a personal estate beyond that which is necessary for the deleted text beginward'sdeleted text end personal and immediate
needsnew text begin of the person subject to public guardianshipnew text end, the commissioner shall determine whether
a conservator should be appointed. The commissioner shall consult with the parents, spouse,
or nearest relative of the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end. The commissioner
may petition the court for the appointment of a private conservator of the deleted text beginwarddeleted text endnew text begin person
subject to public guardianship
new text end. The commissioner cannot act as conservator for public deleted text beginwardsdeleted text endnew text begin
persons subject to public guardianship
new text end or public protected persons.

Sec. 34.

Minnesota Statutes 2020, section 252A.111, subdivision 6, is amended to read:


Subd. 6.

Special duties.

In exercising powers and duties under this chapter, the
commissioner shall:

(1) maintain close contact with the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end, visiting
at least twice a year;

(2) protect and exercise the legal rights of the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end;

(3) take actions and make decisions on behalf of the deleted text beginwarddeleted text endnew text begin person subject to public
guardianship
new text end that encourage and allow the maximum level of independent functioning in a
manner least restrictive of the deleted text beginward'sdeleted text end personal freedom new text beginof the person subject to public
guardianship
new text endconsistent with the need for supervision and protection; and

(4) permit and encourage maximum self-reliance on the part of the deleted text beginwarddeleted text endnew text begin person subject
to public guardianship
new text end and permit and encourage input by the nearest relative of the deleted text beginwarddeleted text endnew text begin
person subject to public guardianship
new text end in planning and decision making on behalf of the
deleted text begin warddeleted text endnew text begin person subject to public guardianshipnew text end.

Sec. 35.

Minnesota Statutes 2020, section 252A.12, is amended to read:


252A.12 APPOINTMENT OF deleted text beginCONSERVATORdeleted text endnew text begin PUBLIC GUARDIANnew text end NOT A
FINDING OF INCOMPETENCY.

An appointment of the commissioner as deleted text beginconservatordeleted text endnew text begin public guardiannew text end shall not constitute
a judicial finding that the person with a developmental disability is legally incompetent
except for the restrictions deleted text beginwhichdeleted text endnew text begin thatnew text end the deleted text beginconservatorshipdeleted text endnew text begin public guardianshipnew text end places on the
deleted text begin conservateedeleted text endnew text begin person subject to public guardianshipnew text end. The appointment of a deleted text beginconservatordeleted text endnew text begin public
guardian
new text end shall not deprive the deleted text beginconservateedeleted text endnew text begin person subject to public guardianshipnew text end of the right
to vote.

Sec. 36.

Minnesota Statutes 2020, section 252A.16, is amended to read:


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 deleted text beginward and conservateedeleted text endnew text begin
person subject to public guardianship
new text end. A copy of this review shall be kept on file at the
Department of Human Services and may be inspected by the deleted text beginward or conservateedeleted text endnew text begin person
subject to public guardianship
new text end, the deleted text beginward's or conservatee'sdeleted text end parents, spouse, or relatives new text beginof
the person subject to public guardianship,
new text endand 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 deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end in light
of the progress indicated in the annual review. If the commissioner determines the deleted text beginwarddeleted text endnew text begin
person subject to public guardianship
new text end is no longer in need of public guardianship deleted text beginor
conservatorship
deleted text end or is capable of functioning under a less restrictive deleted text beginconservatorshipdeleted text endnew text begin
guardianship
new text end, the commissioner or local agency shall petition the court pursuant to section
252A.19 to restore the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end to capacity or for a
modification of the court's previous order.

Sec. 37.

Minnesota Statutes 2020, section 252A.17, is amended to read:


252A.17 EFFECT OF SUCCESSION IN OFFICE.

The appointment by the court of the commissioner deleted text beginof human servicesdeleted text end as public
deleted text begin conservator ordeleted text end guardian shall be by the title of the commissioner's office. The authority of
the commissioner as public deleted text beginconservator ordeleted text end 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.

Sec. 38.

Minnesota Statutes 2020, section 252A.19, subdivision 2, is amended to read:


Subd. 2.

Petition.

The commissioner, deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end, or
any interested person may petition the appointing court or the court to which venue has
been transferred deleted text beginfor an order todeleted text endnew text begin:
new text end

new text begin (1) for an order tonew text end remove the guardianship deleted text beginor todeleted text endnew text begin;
new text end

new text begin (2) for an order tonew text end limit or expand the powers of the guardianship deleted text beginor todeleted text endnew text begin;
new text end

new text begin (3) for an order tonew text end appoint a guardian deleted text beginor conservatordeleted text end under sections 524.5-101 to
524.5-502 deleted text beginor todeleted text endnew text begin;
new text end

new text begin (4) for an order tonew text end restore the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end or protected
person to full legal capacity deleted text beginor todeleted text endnew text begin;
new text end

new text begin (5) tonew text end review de novo any decision made by the public guardian deleted text beginor public conservatordeleted text end
for or on behalf of a deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end or protected personnew text begin;new text end or

new text begin (6) new text endfor any other order as the court may deem just and equitable.

Sec. 39.

Minnesota Statutes 2020, section 252A.19, subdivision 4, is amended to read:


Subd. 4.

Comprehensive evaluation.

The commissioner shall, at the court's request,
arrange for the preparation of a comprehensive evaluation of the deleted text beginwarddeleted text endnew text begin person subject to
public guardianship
new text end or protected person.

Sec. 40.

Minnesota Statutes 2020, section 252A.19, subdivision 5, is amended to read:


Subd. 5.

Court order.

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 deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end or protected person to full legal
capacity or may enter such other order as the court may deem just and equitable.

Sec. 41.

Minnesota Statutes 2020, section 252A.19, subdivision 7, is amended to read:


Subd. 7.

Attorney general's role; commissioner's role.

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 deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end or protected person.

Sec. 42.

Minnesota Statutes 2020, section 252A.19, subdivision 8, is amended to read:


Subd. 8.

deleted text beginCourt appointeddeleted text endnew text begin Court-appointednew text end counsel.

In all such proceedings, the
protected person or deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end shall be afforded an
opportunity to be represented by counsel, and if neither the protected person or deleted text beginwarddeleted text endnew text begin person
subject to public guardianship
new text end nor others provide counsel the court shall appoint counsel to
represent the protected person or deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end.

Sec. 43.

Minnesota Statutes 2020, section 252A.20, is amended to read:


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,
psychologist, or social worker who assists in the preparation of the comprehensive evaluation
and who is not deleted text beginin the employ ofdeleted text endnew text begin employed bynew text end the local agency or the state Department of
Human Services, a reasonable sum for services and for travel; and to the deleted text beginward'sdeleted text end counselnew text begin of
the person subject to public guardianship
new text end, 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 deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end
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 deleted text beginward'sdeleted text end settlement new text beginof the person subject to public
guardianship
new text endand 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 deleted text beginward'sdeleted text end settlement new text beginof the person subject to public guardianship
new text end by the state.

Sec. 44.

Minnesota Statutes 2020, section 252A.21, subdivision 2, is amended to read:


Subd. 2.

Rules.

The commissioner shall adopt rules to implement this chapter. The rules
must include standards for performance of guardianship deleted text beginor conservatorshipdeleted text end duties includingdeleted text begin,deleted text end
but not limited to: twice a year visits with the deleted text beginwarddeleted text endnew text begin person subject to public guardianshipnew text end;
a requirement that the duties of guardianship deleted text beginor conservatorshipdeleted text end 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.

Sec. 45.

Minnesota Statutes 2020, section 252A.21, subdivision 4, is amended to read:


Subd. 4.

Private guardianships deleted text beginand conservatorshipsdeleted text end.

Nothing in sections 252A.01
to 252A.21 shall impair the right of individuals to establish private guardianships deleted text beginor
conservatorships
deleted text end in accordance with applicable law.

Sec. 46. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 252A.02, subdivisions 8 and 10; and 252A.21,
subdivision 3,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1653-1

252A.02 DEFINITIONS.

Subd. 8.

Public conservator.

"Public conservator" means the commissioner of human services when exercising some, but not all the powers designated in section 252A.111.

Subd. 10.

Conservatee.

"Conservatee" means a person with a developmental disability for whom the court has appointed a public conservator.

252A.21 GENERAL PROVISIONS.

Subd. 3.

Terminology.

Whenever the term "guardian" is used in sections 252A.01 to 252A.21, it shall include "conservator," and the term "ward" shall include "conservatee" unless another intention clearly appears from the context.