2006 Minnesota Statutes

253B.065 COURT-ORDERED EARLY INTERVENTION; HEARING PROCEDURES.
    Subdivision 1. Time for early intervention hearing. The hearing on the petition for early
intervention shall be held within 14 days from the date of the filing of the petition. For good cause
shown, the court may extend the time of hearing up to an additional 30 days. When any proposed
patient has not had a hearing on a petition filed for early intervention within the allowed time,
the proceedings shall be dismissed.
    Subd. 2. Notice of hearing. The proposed patient, the patient's counsel, the petitioner, the
county attorney, and any other persons as the court directs shall be given at least five days' notice
that a hearing will be held and at least two days' notice of the time and date of the hearing,
except that any person may waive notice. Notice to the proposed patient may be waived by
patient's counsel.
    Subd. 3. Failure to appear. If a proposed patient fails to appear at the hearing, the court
may reschedule the hearing within five days and direct a health officer, peace officer, or other
person to take the proposed patient to an appropriate treatment facility designated by the court and
transport the person to the hearing.
    Subd. 4. Procedures. The hearing must be conducted pursuant to section 253B.08,
subdivisions 3 to 8 .
    Subd. 5. Early intervention criteria. (a) A court shall order early intervention treatment of
a proposed patient who meets the criteria under paragraph (b). The early intervention treatment
must be less intrusive than long-term inpatient commitment and must be the least restrictive
treatment program available that can meet the patient's treatment needs.
(b) The court shall order early intervention treatment if the court finds all of the elements of
the following factors by clear and convincing evidence:
(1) the proposed patient is mentally ill;
(2) the proposed patient refuses to accept appropriate mental health treatment; and
(3) the proposed patient's mental illness is manifested by instances of grossly disturbed
behavior or faulty perceptions and either:
(i) the grossly disturbed behavior or faulty perceptions significantly interfere with the
proposed patient's ability to care for self and the proposed patient, when competent, would have
chosen substantially similar treatment under the same circumstances; or
(ii) due to the mental illness, the proposed patient received court-ordered inpatient
treatment under section 253B.09 at least two times in the previous three years; the patient is
exhibiting symptoms or behavior substantially similar to those that precipitated one or more of
the court-ordered treatments; and the patient is reasonably expected to physically or mentally
deteriorate to the point of meeting the criteria for commitment under section 253B.09 unless
treated.
For purposes of this paragraph, a proposed patient who was released under section 253B.095
and whose release was not revoked is not considered to have received court-ordered inpatient
treatment under section 253B.09.
(c) For purposes of paragraph (b), none of the following constitute a refusal to accept
appropriate mental health treatment:
(1) a willingness to take medication but a reasonable disagreement about type or dosage;
(2) a good-faith effort to follow a reasonable alternative treatment plan, including treatment
as specified in a valid advance directive under chapter 145C or section 253B.03, subdivision 6d;
(3) an inability to obtain access to appropriate treatment because of inadequate health care
coverage or an insurer's refusal or delay in providing coverage for the treatment; or
(4) an inability to obtain access to needed mental health services because the provider will
only accept patients who are under a court order or because the provider gives persons under a
court order a priority over voluntary patients in obtaining treatment and services.
History: 1997 c 217 art 1 s 37; 1999 c 118 s 1; 1Sp2001 c 9 art 9 s 30; 2002 c 379 art 1 s 113