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Civil Commitments

The civil commitment process is outlined in Minnesota Statute 253B. 

Any person may request the county conduct an investigation into whether someone is in need of commitment.  When requested, a county screening team gathers information about the person’s condition and the team may recommend a commitment to the County Attorney.  Based upon the screening information, the County Attorney may prepare a petition for commitment and file it with the court.

When a petition is received by the court, a preliminary hearing is scheduled within 72 hours (excluding weekends and legal holidays) of the filing of a commitment petition.  The court will appoint an attorney to represent the patient throughout the process. 

The court will also appoint a psychological examiner, who will schedule an exam with the proposed patient.  The examiner will prepare a report and also be required to testify at the final commitment hearing.  A second examiner may be requested by the patient with a doctor of their choice. A substitution decision-maker may be appointed by the court that would have the responsibility to give consent for the patient to receive neuroleptic medications. 

The court will hold a final commitment hearing within 14 days of the filing of the commitment petition.  The petition and supporting documents must be personally served on the proposed patient along with a copy of their rights under the law.

Upon commitment by the court, the patient is transported to a mental health facility for care for a period of up to six months.  The patient may be discharged by the hospital before the six months expires, or the facility may recommend further commitment.  If further commitment is recommended by the facility, another court hearing would be scheduled.

Facility Report to Court Forms
60-90 day Report (Word format)
Final Report to Court (Word format)
Notice of Intent to Revoke Commitment Stay (Word format)

Omnbudsman website
www.ombudmhmr.state.mn.us/cctrc/default.htm