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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 32-H.F.No. 183 
                  An act relating to civil commitment; modifying 
                  provisions governing parental consent to chemical 
                  dependency treatment for minors; amending Minnesota 
                  Statutes 1998, section 253B.04, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 253B.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VOLUNTARY ADMISSION AND TREATMENT.] (a) 
        Voluntary admission is preferred over involuntary commitment and 
        treatment.  Any person 16 years of age or older may request to 
        be admitted to a treatment facility as a voluntary patient for 
        observation, evaluation, diagnosis, care and treatment without 
        making formal written application.  Any person under the age of 
        16 years may be admitted as a voluntary patient with the consent 
        of a parent or legal guardian if it is determined by independent 
        examination that there is reasonable evidence that (a) (1) the 
        proposed patient is mentally ill, mentally retarded, or 
        chemically dependent; and (b) (2) the proposed patient is 
        suitable for treatment.  The head of the treatment facility 
        shall not arbitrarily refuse any person seeking admission as a 
        voluntary patient. 
           (b) In addition to the consent provisions of paragraph (a), 
        a person who is 16 or 17 years of age who refuses to consent 
        personally to admission may be admitted as a patient for 
        chemical dependency treatment with the consent of a parent or 
        legal guardian if it is determined by an independent examination 
        that there is reasonable evidence that the proposed patient is 
        chemically dependent and suitable for treatment.  The person 
        conducting the examination shall notify the proposed patient and 
        the parent or legal guardian of this determination. 
           Presented to the governor April 8, 1999 
           Signed by the governor April 12, 1999, 2:05 p.m.