Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 378-H.F.No. 2045 
           An act relating to human services; clarifying the 
          definition of mentally retarded person in the 
          Minnesota Commitment Act; increasing the time limit 
          for a court of appeals decision under the commitment 
          act; amending Minnesota Statutes 1988, sections 
          253B.02, subdivision 14; 253B.12, subdivision 4; and 
          253B.23, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1988, section 253B.02, 
subdivision 14, is amended to read:  
    Subd. 14.  [MENTALLY RETARDED PERSON.] "Mentally retarded 
person" means any person (a) who has been diagnosed as having 
significantly subaverage intellectual functioning existing 
concurrently with demonstrated deficits in adaptive behavior and 
who manifests these conditions prior to the person's 22nd 
birthday; and (b) whose recent conduct is a result of mental 
retardation and poses a substantial likelihood of physical harm 
to self or others in that there has been (i) a recent attempt or 
threat to physically harm self or others, or (ii) a failure and 
inability to obtain necessary food, clothing, shelter, safety, 
or medical care. 
     Sec. 2.  Minnesota Statutes 1988, section 253B.12, 
subdivision 4, is amended to read: 
    Subd. 4.  [HEARING; STANDARD OF PROOF.] The committing 
court shall not make a final determination of the need to 
continue commitment unless a hearing is held and the court finds 
by clear and convincing evidence that (1) the person continues 
to be mentally ill, mentally retarded or chemically dependent; 
(2) involuntary commitment is necessary for the protection of 
the patient or others; and (3) there is no alternative to 
involuntary commitment.  
    In determining whether a person continues to be mentally 
ill, chemically dependent or mentally retarded, the court need 
not find that there has been a recent attempt or threat to 
physically harm self or others, or a recent failure to provide 
necessary personal food, clothing, shelter, or medical care.  
Instead, the court must find that the patient is likely to 
attempt to physically harm self or others, or to fail to provide 
necessary personal food, clothing, shelter, or medical care 
unless involuntary commitment is continued.  
    Sec. 3.  Minnesota Statutes 1988, section 253B.23, 
subdivision 7, is amended to read: 
    Subd. 7.  [APPEAL.] The commissioner or any other aggrieved 
party may appeal to the court of appeals from any order entered 
under this chapter as in other civil cases.  
    Upon perfection of the appeal, the return shall be filed 
forthwith.  The court of appeals shall hear the appeal within 45 
60 days after service of the notice of appeal.  This appeal 
shall not suspend the operation of the order appealed from until 
the appeal is determined, unless otherwise ordered by the court 
of appeals. 
    Presented to the governor March 28, 1990 
    Signed by the governor March 30, 1990, 7:05 p.m.