Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 623-S.F.No. 2055 
           An act relating to human services; defining terms; 
          requiring that court receive annual reviews of people 
          with indeterminate commitments; providing for 
          court-ordered community-based treatment; defining 
          procedures for community-based commitment; requiring 
          procedures for release before commitment and 
          provisional discharge; appropriating money; amending 
          Minnesota Statutes 1986, sections 253B.02, 
          subdivisions 13, 19, and by adding subdivisions; 
          253B.03, subdivision 5; 253B.09, subdivision 1; 
          253B.15, subdivisions 1, 3, 5, 6, 7, and by adding a 
          subdivision; and 253B.16, subdivision 1; proposing 
          coding for new law in Minnesota Statutes, chapter 
          253B; repealing Minnesota Statutes 1986, section 
          253B.09, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 253B.02, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CASE MANAGER.] "Case manager" has the 
definition given in section 245.462, subdivision 4, for persons 
with mental illness.  
    Sec. 2.  Minnesota Statutes 1986, section 253B.02, is 
amended by adding a subdivision to read: 
    Subd. 4b.  [COMMUNITY-BASED TREATMENT.] "Community-based 
treatment" means community support services programs defined in 
section 245.462, subdivision 6; day treatment services defined 
in section 245.462, subdivision 8; outpatient services defined 
in section 245.462, subdivision 21; and residential treatment 
services as defined in section 245.462, subdivision 23.  
    Sec. 3.  Minnesota Statutes 1986, section 253B.02, 
subdivision 13, is amended to read:  
    Subd. 13.  [MENTALLY ILL PERSON.] "Mentally ill person" 
means any person who has an organic disorder of the brain or a 
substantial psychiatric disorder of thought, mood, perception, 
orientation, or memory which grossly impairs judgment, behavior, 
capacity to recognize reality, or to reason or understand, which 
    (a) is manifested by instances of grossly disturbed 
behavior or faulty perceptions; and 
    (b) poses a substantial likelihood of physical harm to self 
or others as demonstrated by: 
    (i) a failure to obtain necessary food, clothing, shelter, 
or medical care as a result of the impairment, or 
    (ii) a recent attempt or threat to physically harm self or 
others, or 
     (ii) a failure to obtain necessary food, clothing, shelter 
or medical care, as a result of the impairment.  This impairment 
excludes (a) epilepsy, (b) mental retardation, (c) brief periods 
of intoxication caused by alcohol or drugs, or (d) dependence 
upon or addiction to any alcohol or drugs. 
    Sec. 4.  Minnesota Statutes 1986, section 253B.02, 
subdivision 19, is amended to read:  
    Subd. 19.  [TREATMENT FACILITY.] "Treatment facility" means 
a hospital, community mental health center, or other institution 
treatment provider qualified to provide care and treatment for 
mentally ill, mentally retarded, or chemically dependent persons.
    Sec. 5.  Minnesota Statutes 1986, section 253B.03, 
subdivision 5, is amended to read:  
    Subd. 5.  [PERIODIC ASSESSMENT.] A patient has the right to 
periodic medical assessment.  The head of a treatment facility 
shall have the physical and mental condition of every patient 
assessed as frequently as necessary, but not less often than 
annually.  If a person is committed as mentally retarded for an 
indeterminate period of time, the three-year judicial review 
must include the annual reviews for each year as outlined in 
Minnesota Rules, part 9525.0075, subpart 6.  
    Sec. 6.  Minnesota Statutes 1986, section 253B.09, 
subdivision 1, is amended to read:  
    Subdivision 1.  [STANDARD OF PROOF.] If the court finds by 
clear and convincing evidence that the proposed patient is a 
mentally ill, mentally retarded, or chemically dependent person 
and, that after careful consideration of reasonable alternative 
dispositions, including but not limited to, dismissal of 
petition, voluntary outpatient care, informal admission to a 
treatment facility, appointment of a guardian or conservator, or 
release before commitment as provided for in subdivision 4, it 
finds that there is no suitable alternative to judicial 
commitment, the court shall commit the patient to the least 
restrictive treatment facility program which can meet the 
patient's treatment needs consistent with section 253B.03, 
subdivision 7.  In deciding on the least restrictive program, 
the court shall consider a range of treatment alternatives 
including, but not limited to, community-based nonresidential 
treatment, community residential treatment, partial 
hospitalization, acute care hospital, and regional treatment 
center services.  The court shall also consider the proposed 
patient's treatment preferences and willingness to participate 
in the treatment ordered.  The court may not commit a patient to 
a facility or program that is not capable of meeting the 
patient's needs.  
    Sec. 7.  [253B.093] [COMMUNITY-BASED TREATMENT.] 
    Subdivision 1.  [FINDINGS.] In addition to the findings 
required under section 253B.09, subdivision 2, an order 
committing a person to community-based treatment 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 community-based treatment, 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 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 facility or person 
is financially liable, personally or otherwise, for actions of 
the patient 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 
facility, physician, or other individual who is responsible for 
the management, supervision, or treatment of a patient's 
community-based treatment under this section. 
    Sec. 8.  [253B.095] [RELEASE BEFORE COMMITMENT.] 
    Subdivision 1.  [COURT RELEASE.] After the hearing and 
before a commitment order has been issued, the court may release 
a proposed patient to the custody of an individual or agency 
upon conditions that guarantee the care and treatment of the 
patient.  A person against whom a criminal proceeding is pending 
may not be released.  Continuances may not extend beyond 14 
days.  When the court stays an order for commitment for more 
than 14 days beyond the date of the initially scheduled hearing, 
the court shall issue an order that meets the requirements of 
this section. 
    Subd. 2.  [STAY BEYOND 14 DAYS.] An order staying 
commitment for more than 14 days must include: 
    (1) a written plan for services to which the proposed 
patient has agreed; 
    (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; and 
    (3) conditions the patient must meet to avoid imposition of 
the stayed commitment order.  
     A person receiving treatment under this section has all 
rights under this chapter.  
    Subd. 3.  [CASE MANAGER.] When a court releases a patient 
with mental illness under this section, the court shall appoint 
a case manager. 
    Subd. 4.  [REPORTS.] The case manager shall report to the 
court at least once every 90 days.  The case manager shall 
immediately report a substantial failure of a patient or 
provider to comply with the conditions of the release. 
    Subd. 5.  [DURATION.] The maximum duration of an order 
under this section is six months.  The court may continue the 
order for a maximum of an additional 12 months if, after notice 
and hearing, under sections 253B.08 and 253B.09 the court finds 
that (1) the person continues to be mentally ill, and (2) an 
order is needed to protect the patient or others. 
    Subd. 6.  [MODIFICATION OF ORDER.] An order under this 
section may be modified upon agreement of the parties and 
approval of the court. 
    Subd. 7.  [REVOCATION OF ORDER.] The court, on its own 
motion or upon the petition of any person, and after notice and 
a hearing, may revoke any release and commit the proposed 
patient under this chapter. 
    Sec. 9.  Minnesota Statutes 1986, section 253B.15, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PROVISIONAL DISCHARGE.] The head of the 
treatment facility may provisionally discharge any patient 
without discharging the commitment, unless the patient was found 
by the committing court to be mentally ill and dangerous to the 
public. 
    Each patient released on provisional discharge shall have 
an aftercare plan developed which specifies the services and 
treatment to be provided as part of the aftercare plan, the 
financial resources available to pay for the services specified, 
the expected period of provisional discharge, the precise goals 
for the granting of a final discharge, and conditions or 
restrictions on the patient during the period of the provisional 
discharge.  
    The aftercare plan shall be reviewed on a quarterly basis 
by the patient, designated agency and other appropriate persons. 
The aftercare plan shall contain the grounds upon which a 
provisional discharge may be revoked.  The provisional discharge 
shall terminate on the date specified in the plan unless 
specific action is taken to revoke or extend it.  
    Sec. 10.  Minnesota Statutes 1986, section 253B.15, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CASE MANAGER.] Before a provisional discharge 
is granted, a representative of the designated agency must be 
identified as the case manager.  The case manager shall ensure 
continuity of care by being involved with the treatment facility 
and the patient prior to the provisional discharge.  The case 
manager shall coordinate plans for and monitor the patient's 
aftercare program.  
    Sec. 11.  Minnesota Statutes 1986, section 253B.15, 
subdivision 3, is amended to read:  
    Subd. 3.  [PROCEDURE; NOTICE.] When the possibility of 
revocation becomes apparent, the designated agency shall notify 
the patient, the patient's attorney, and all participants in the 
plan, and every effort shall be made to prevent revocation.  
    Revocation shall be commenced by a notice of intent to 
revoke provisional discharge, which shall be served upon the 
patient, the patient's attorney, and the designated agency.  The 
notice shall set forth the grounds upon which the intention to 
revoke is based, and shall inform the patient of the rights of a 
patient under this chapter.  
    Sec. 12.  Minnesota Statutes 1986, section 253B.15, 
subdivision 5, is amended to read:  
    Subd. 5.  [RETURN TO FACILITY.] The head of the treatment 
facility case manager may apply to the committing court for an 
order directing that the patient be returned to the facility.  
The court may order the patient returned to the facility prior 
to a review hearing only upon finding that immediate return to 
the facility is necessary to avoid serious, imminent harm to the 
patient or others.  If a voluntary return is not arranged, the 
head of the treatment facility may request a health officer, a 
welfare officer, or a peace officer to return the patient to the 
treatment facility from which the patient was released or to any 
other treatment facility which consents to receive the patient.  
If necessary, the head of the treatment facility may request the 
committing court to direct a health or peace officer in the 
county where the patient is located to return the patient to the 
treatment facility or to another treatment facility which 
consents to receive the patient.  The expense of returning the 
patient to a treatment facility shall be paid by the 
commissioner unless paid by the patient or the patient's 
relatives.  
    Sec. 13.  Minnesota Statutes 1986, section 253B.15, 
subdivision 6, is amended to read:  
    Subd. 6.  [EXCEPTION.] During the first 60 days of a 
provisional discharge, the head of the treatment facility case 
manager, upon finding that either of the conditions set forth in 
subdivision 2 exists, may revoke the provisional discharge 
without being subject to the provisions of subdivisions 2 to 5.  
    Sec. 14.  Minnesota Statutes 1986, section 253B.15, 
subdivision 7, is amended to read:  
    Subd. 7.  [MODIFICATION AND EXTENSION OF PROVISIONAL 
DISCHARGE.] (a) A provisional discharge may be modified upon 
agreement of the parties. 
    (b) A provisional discharge may be extended only in those 
circumstances where the patient has not achieved the goals set 
forth in the provisional discharge plan or continues to need the 
supervision or assistance provided by an extension of the 
provisional discharge.  In determining whether the provisional 
discharge is to be extended, the head of the facility shall 
consider the willingness and ability of the patient to 
voluntarily obtain needed care and treatment.  
    (b) (c) The designated agency shall recommend extension of 
a provisional discharge only after a preliminary conference with 
the patient and other appropriate persons.  The patient shall be 
given the opportunity to object or make suggestions for 
alternatives to extension.  
    (c) (d) Any recommendation for extension shall be made in 
writing to the head of the facility and to the patient at least 
30 days prior to the expiration of the provisional discharge. 
The written recommendation submitted shall include:  the 
specific grounds for recommending the extension, the date of the 
preliminary conference and results, the anniversary date of the 
provisional discharge, the termination date of the provisional 
discharge, and the proposed length of extension.  If the grounds 
for recommending the extension occur less than 30 days before 
its expiration, the written recommendation shall occur as soon 
as practicable.  
    (d) (e) The head of the facility shall issue a written 
decision regarding extension within five days after receiving 
the recommendation from the designated agency.  
    Sec. 15.  Minnesota Statutes 1986, section 253B.16, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DATE.] The head of a treatment facility 
shall discharge any patient admitted as mentally ill, mentally 
retarded or chemically dependent when certified by the head of 
the facility to be no longer in need of institutional care and 
treatment or at the conclusion of any period of time specified 
in the commitment order, whichever occurs first.  The head of a 
treatment facility shall discharge any person admitted as 
mentally retarded when that person's screening team has 
determined, under section 256B.092, subdivision 8, that the 
person's needs can be met by services provided in the community 
and a plan has been developed in consultation with the 
interdisciplinary team to place the person in the available 
community services.  
    Sec. 16.  [APPROPRIATION.] 
    $60,000 is appropriated from the general fund to the 
commissioner of human services for the purposes of this act. 
    Sec. 17.  [REPEALER.] 
    Minnesota Statutes 1986, section 253B.09, subdivision 4, is 
repealed.  
    Sec. 18.  [EFFECTIVE DATE.] 
    This act is effective January 1, 1989. 
    Approved April 24, 1988