Rule 10.02 - Enforcement of Civil Commitment OrdersThe enforcement of orders for civil commitment issued by tribal courts is governed by Minn. Stat. § 253B.212. The district court may enter an order enforcing a tribal court order in accordance with this rule.
(a) Civil commitment orders entered by the tribal courts of the Red Lake Band of Chippewa Indians and the White Earth Band of Ojibwe Indians shall be enforced in accordance with Minn. Stat § 253B.212. subdivisions 1 or la.(b) Civil commitment orders entered by the tribal courts that are subject to a contract for the care and treatment between a tribe (or the Indian Health Service of the United States Department of Health and Human Services for the benefit of members of a tribe) and the commissioner of human services shall be enforced in accordance with Minn. Stat. § 253B.212. subdivision.(c) For all other civil commitment orders entered by a tribal court, or in any case where directed by the court, the party seeking to enforce the order must proceed by petition to the Minnesota District Court under Rule 10.03. and in addition must serve a copy of that petition on each of the parties to the tribal court proceedings as well as the Minnesota Commissioner of Human Services and the director of the facility where the person is proposed to be committed. The court may determine when a response to that petition is due and whether a hearing is required or permitted if requested, but shall not hear the matter without notice to all other interested parties except as allowed, under Rule, 3 of these Rules.Minn. Gen. R. Prac. 10.02
Adopted effective 9/1/2018.