2007 Minnesota Statutes

246.01 POWERS AND DUTIES.
The commissioner of human services is hereby specifically constituted the guardian of all
persons with developmental disabilities, the guardianship of whom has heretofore been vested in
the State Board of Control or in the director of social welfare whether by operation of law or by
an order of court without any further act or proceeding, and all the powers and duties vested in or
imposed upon the State Board of Control or the director of social welfare, with reference to mental
testing of persons with developmental disabilities, and with reference to the institutions of the
state of Minnesota except correctional facilities administered and managed by the commissioner
of corrections, are hereby transferred to, vested in, and imposed upon the commissioner of human
services, and in relation thereto is hereby charged with and shall have the exclusive power of
administration and management of all of the following state institutions: state hospitals for persons
with developmental disabilities, mental illness, or chemical dependency. The commissioner
shall have power and authority to determine all matters relating to the unified and continuous
development of all of the foregoing institutions and of such other institutions, the supervision of
which may, from time to time, be vested in the commissioner. It is intended that there be vested in
the commissioner all of the powers, functions, and authority heretofore vested in the State Board
of Control relative to such state institutions. The commissioner shall have the power and authority
to accept, in behalf of the state, contributions and gifts of money and personal property for the use
and benefit of the residents of the public institutions under the commissioner's control, and all
money and securities so received shall be deposited in the state treasury subject to the order of
the commissioner of human services. If the gift or contribution is designated by the donor for a
certain institution or purpose, the commissioner of human services shall expend or use the same
as nearly as may be in accordance with the conditions of the gift or contribution, compatible with
the best interests of the inmates and the state. The commissioner of human services is hereby
constituted the "state agency" as defined by the Social Security Act of the United States and the
laws of this state for all purposes relating to mental health and mental hygiene.
For the purpose of carrying out these duties, the commissioner of human services shall
accept from wards with developmental disabilities for whom the commissioner is specifically
appointed guardian a signed application for consent to the marriage of said ward. Upon receipt of
such application the commissioner shall promptly conduct such investigation as the commissioner
deems proper and determine if the contemplated marriage is for the best interest of the ward
and the public. A signed copy of the commissioner's determination shall be mailed to the ward
and to the court administrator of the district court of the county where the application for such
marriage license was made.
There is hereby appropriated to such persons or institutions as are entitled to such sums as
are provided for in this section, from the fund or account in the state treasury to which the money
was credited, an amount sufficient to make such payment.
History: (3199-103) 1939 c 431 art 7 s 3; 1943 c 570 s 2; 1943 c 612 s 3; 1947 c 211 s 1;
1949 c 512 s 7; 1949 c 561 s 1; 1951 c 713 s 23; 1953 c 562 s 1; 1957 c 287 s 3; 1959 c 158
s 16; 1959 c 638 s 2; 1965 c 45 s 18; 1973 c 540 s 3; 1976 c 271 s 76; 1979 c 102 s 13; 1983
c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 7; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 2005 c
10 art 4 s 7; 2005 c 56 s 1