Minn. Gen. R. Prac. 20

As amended through July 3, 2024
Rule 20 - Termination of Commitment

The court shall order termination of the commitment when the commitment expires, or upon a direct discharge by the treatment facility, or upon a discharge by the Commissioner of Human Services.

The order shall also discharge the court-appointed attorney.

Minn. Gen. R. Prac. 20

Advisory Committee Comment-1999

Minn. Stat. § 253B.12, subd. 1(e), provides for an order terminating the commitment if a 60-90 day report is not timely filed or if the report describes the respondent as not in need of further institutional care and treatment. There is no similar provision for terminating the commitment if the report required by Minn. Stat. § 253B.16 is not filed or if there is a final discharge under Minn. Stat. § 253B.16 or if a provisional discharge expires under Minn. Stat. § 253B.15, subd. 9. This rule insures a formal termination of the proceeding and discharge of the respondent's court-appointed attorney.