Subdivision 1. Cost of care; commitment by tribal court order; Red Lake Band of Chippewa Indians. The commissioner of human services may contract with and receive payment from the Indian Health Service of the United States Department of Health and Human Services for the care and treatment of those members of the Red Lake Band of Chippewa Indians who have been committed by tribal court order to the Indian Health Service for care and treatment of mental illness, developmental disability, or chemical dependency. The contract shall provide that the Indian Health Service may not transfer any person for admission to a state-operated treatment program unless the commitment procedure utilized by the tribal court provided due process protections similar to those afforded by sections 253B.051 to 253B.10.
Subd. 1a. Cost of care; commitment by tribal court order; White Earth Band of Ojibwe Indians. The commissioner of human services may contract with and receive payment from the Indian Health Service of the United States Department of Health and Human Services for the care and treatment of those members of the White Earth Band of Ojibwe Indians who have been committed by tribal court order to the Indian Health Service for care and treatment of mental illness, developmental disability, or chemical dependency. The tribe may also contract directly with the commissioner for treatment of those members of the White Earth Band who have been committed by tribal court order to the White Earth Department of Health for care and treatment of mental illness, developmental disability, or chemical dependency. The contract shall provide that the Indian Health Service and the White Earth Band shall not transfer any person for admission to a state-operated treatment program unless the commitment procedure utilized by the tribal court provided due process protections similar to those afforded by sections 253B.051 to 253B.10.
Subd. 1b. Cost of care; commitment by tribal court order; any federally recognized Indian tribe within the state of Minnesota. The commissioner of human services may contract with and receive payment from the Indian Health Service of the United States Department of Health and Human Services for the care and treatment of those members of any federally recognized Indian tribe within the state, who have been committed by tribal court order to the Indian Health Service for care and treatment of mental illness, developmental disability, or chemical dependency. The tribe may also contract directly with the commissioner for treatment of those members of any federally recognized Indian tribe within the state who have been committed by tribal court order to the respective tribal Department of Health for care and treatment of mental illness, developmental disability, or chemical dependency. The contract shall provide that the Indian Health Service and any federally recognized Indian tribe within the state shall not transfer any person for admission to a state-operated treatment program unless the commitment procedure utilized by the tribal court provided due process protections similar to those afforded by sections 253B.051 to 253B.10.
Subd. 2. Effect given to tribal commitment order. (a) When, under an agreement entered into pursuant to subdivision 1, 1a, or 1b, the Indian Health Service or the placing tribe applies to a state-operated treatment program for admission of a person committed to the jurisdiction of the health service by the tribal court due to mental illness, developmental disability, or chemical dependency, the commissioner may treat the patient with the consent of the Indian Health Service or the placing tribe.
(b) A person admitted to a state-operated treatment program pursuant to this section has all the rights accorded by section 253B.03. In addition, treatment reports, prepared in accordance with the requirements of section 253B.12, subdivision 1, shall be filed with the Indian Health Service or the placing tribe within 60 days of commencement of the patient's stay at the program. A subsequent treatment report shall be filed with the Indian Health Service or the placing tribe within six months of the patient's admission to the program or prior to discharge, whichever comes first. Provisional discharge or transfer of the patient may be authorized by the head of the program only with the consent of the Indian Health Service or the placing tribe. Discharge from the program to the Indian Health Service or the placing tribe may be authorized by the head of the program after notice to and consultation with the Indian Health Service or the placing tribe.
1983 c 251 s 24; 1984 c 654 art 5 s 58; 2002 c 221 s 39; 2005 c 56 s 1; 1Sp2011 c 9 art 8 s 2; 2015 c 78 art 3 s 1,2; 1Sp2020 c 2 art 6 s 107-110
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 253B — Civil Commitment
Section 253B.02 — Definitions.
Section 253B.03 — Rights Of Patients.
Section 253B.04 — Voluntary Treatment And Admission Procedures.
Section 253B.041 — Services For Engagement In Treatment.
Section 253B.045 — Temporary Confinement.
Section 253B.051 — Emergency Admission.
Section 253B.06 — Initial Assessment.
Section 253B.07 — Judicial Commitment; Preliminary Procedures.
Section 253B.08 — Judicial Commitment; Hearing Procedures.
Section 253B.09 — Decision; Standard Of Proof; Duration.
Section 253B.092 — Administration Of Neuroleptic Medication.
Section 253B.0921 — Access To Medical Records.
Section 253B.095 — Release Before Commitment.
Section 253B.097 — Community-based Treatment.
Section 253B.10 — Procedures Upon Commitment.
Section 253B.12 — Treatment Report; Review; Hearing.
Section 253B.13 — Duration Of Continued Commitment.
Section 253B.14 — Transfer Of Committed Persons.
Section 253B.141 — Authority To Detain And Transport A Missing Patient.
Section 253B.15 — Provisional Discharge; Partial Institutionalization.
Section 253B.16 — Discharge Of Committed Persons.
Section 253B.17 — Release; Judicial Determination.
Section 253B.18 — Persons Who Are Mentally Ill And Dangerous To The Public.
Section 253B.19 — Judicial Appeal Panel; Patients Who Are Mentally Ill And Dangerous To The Public.
Section 253B.20 — Discharge; Administrative Procedure.
Section 253B.21 — Commitment To An Agency Of The United States.
Section 253B.212 — Commitment; Red Lake Band Of Chippewa Indians; White Earth Band Of Ojibwe.
Section 253B.22 — Review Boards.
Section 253B.23 — General Provisions.
Section 253B.24 — Transmittal Of Data To National Instant Criminal Background Check System.