HF 183

1st Engrossment - 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 who refuses to consent 
  1.25  personally to admission may be admitted as a patient for 
  2.1   chemical dependency treatment with the consent of a parent or 
  2.2   legal guardian 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 and 
  2.6   the parent or legal guardian of this determination.