Minnesota, like each state has its own rules governing when there can be a legal intervention to get treatment for a person with a severe mental illness.  Minnesota state rules apply to someone who needs treatment but is unable to seek it voluntarily.  Minnesota mental health laws outline what steps must be followed and what standards must be met before someone can be ordered into treatment in the hospital or in the community.  Minnesota is one of forty three states that allow court-ordered treatment in the community, often called “assisted outpatient treatment” or “outpatient commitment.”  Minnestoa still uses a treatment standard based primarily on a person’s likelihood of being dangerous instead of using a more progressive “need for treatment” standard as in many states.  The following summary can be helpful for a family member trying to get court-ordered treatment for a loved one. 

For inpatient care, a person must be (1) a clear danger to others OR the likelihood of physical harm to self/others as demonstrated by either; (2) failure to obtain necessary food, clothing, shelter, or medical care as a result of impairment; or (3) inability to obtain necessary food, clothing, shelter or medical care and is more probable than not will suffer substantial harm, significant psychiatric deterioration or debilitation, or serious illness; or (4) a recent attempt or threat to harm self/others; or (5) recent, volitional conduct involving significant damage to property.

For outpatient care, someone needs to meet one of the criteria from the inpatient standard and either (1) show manifestations that interfere with the ability to care for self and, when competent, would choose substantially similar treatment; or (2) has had at least two court-ordered hospitalizations in past three years, exhibits symptoms/behavior substantially similar to those precipitating one or more of those hospitalizations, and reasonably expected to deteriorate to inpatient standard unless treated.