Minnesota

MINNESOTA - Quality of Laws: D/Use of Laws: B-

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Quality of Laws (40/80): Grade D


Inpatient commitment law (19/34: Grade C-)
Criteria (10/25) Comment
Gravely disabled standard (10/10) Yes. MINN. STAT. § 253B.02(13)(a).
Need-for-treatment standard (0/15) No.
Citizen's right to petition (5/5) Comment
May family member directly petition court for inpatient commitment? (3/3) Yes. “Any interested person, except member of prepetition screening team.” MINN. STAT. § 253B.07(2)(a).
May other lay adult directly petition court for inpatient commitment? (2/2) Yes.
Duration (4/4) Comment
Allow initial commitment order to exceed 14 days? (1/1) Yes. 6 months. MINN. STAT. § 253B.09(5).
Allow initial commitment order to exceed 30 days? (3/3) Yes.
Outpatient commitment law (21/34: Grade C)
Statutory authority for outpatient commitment? (4/4) Yes. MINN. STAT. § 253B.065(5).
Criteria sufficiently broad to provide access? (12/20) Requires that “the proposed patient REFUSES to accept appropriate mental health treatment,” and that “the patient IS EXHIBITING symptoms or behavior.” (In use of present tense, over-emphasizes current condition, making it hard to impose AOT upon hospital discharge. MINN. STAT. § 253B.065(5)(b)(2))
Procedures sufficiently explained to guide practice? (5/5) Yes. Law requires order to include appointment of case manager, statement of consequences of non-compliance, and periodic reporting by case manager to court. MINN. STAT. § 253.097.
Allow initial order to exceed 90 days? (0/2) No. 90-day max. MINN. STAT. § 253B.066(3).
Allow initial order to exceed 180 days? (0/2) No.
Allow renewal to exceed 180 days? (0/1) No.
Emergency evaluation law (0/12: Grade F)
Criteria aligned with state commitment standard? (0/8) Pick-up standard is more stringent, in that it requires person to be “in danger of INJURING self or others,” whereas commitment standard only requires risk of “substantial likelihood of physical HARM to self or others.” Pick-up standard could be interpreted to exclude forms of physical harm not generally thought to “injure” the person (e.g. malnourishment). MINN. STAT. § 253B.05(2), (13)(a)
Citizens’ right to petition? (0/4) No.

Use of Laws (8/14): Grade B-


From Minnesota mental health practioner sources
Inpatient laws 3/5 In some parts of the state, inpatient commitments are pursued as warranted on grounds other than imminent risk of violence or suicide. In other parts of the state, such commitments are rarely or never pursued.
Outpatient laws 3/5 Outpatient commitment is practiced in some parts of the state, with varying frequency.
Conditional release 2/2 Conditional release is generally practiced in the state.
Bed delays No penalty Persons admitted to hospitals for mental health treatment are not commonly forced to wait for hospital beds to become available.
Medication over objection No penalty or bonus The delay between an involuntary inpatient’s refusal of therapeutic medication and the administration of such medication is typically between one week and one month.