Civil Commitments in Minnesota

Civil commitments in the state of Minnesota are largely handled by the state itself. If you suspect a family member is in need of a civil commitment and they would not agree to it (a voluntary commitment), the Minnesota Statutes allow for an involuntary commitment to take place. This is often done when an individual is brought to the hospital for attempting to harm themselves or others. In order to be committed involuntarily, the court must find that:

1. You are mentally ill, chemically dependent or mentally retarded;
2. There is no less restrictive treatment program that will meet your treatment needs.
3. There is a substantial likelihood you will physically harm yourself or others as demonstrated by:

• a failure to obtain food, clothing, shelter or medical care as a result of the impairment,
• a recent attempt or threat to physically harm self or others,
• inability to provide food, clothing, shelter or medical care or,
• volitional conduct involving significant damage to substantial property.

Every county has a department that will assist you if you believe someone is in need of civil commitment. If you have knowledge of the individual or the reasons why you believe they should be committed, the department will want to discuss the situation with you and find out the basis of your beliefs. The county will then investigate the matter and determine if further steps are needed. The county handles the majority of the process and recommends that family members are not the party that actually asks the court for an individual to be committed. Family members are encouraged to remain involved in the process, however, and make sure things are proceeding as they should.

The system is set up so that the county attorney pursues most civil commitments. A very helpful resource on the commitment process and contact information for county agencies, published by Minnesota’s National Alliance on Mental Illness (NAMI) office, is available on their website.