Minnesota Statutes 13.89 – Dissemination of Data to Protection and Advocacy Systems
Subdivision 1.Developmental disabilities.
Data on clients and residents of facilities or programs licensed pursuant to sections 144.50 to 144.58, 245A.01 to 245A.16, 245C.01 to 245C.32, and 252.28, subdivision 2, may be disseminated to the protection and advocacy system established in this state pursuant to Part C of Public Law 98-527 to protect the legal and human rights of persons with developmental disabilities or other related conditions who live in residential facilities or programs for these persons if:
Terms Used In Minnesota Statutes 13.89
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Designee: means any person designated by a responsible authority to be in charge of individual files or systems containing government data and to receive and comply with requests for government data. See Minnesota Statutes 13.02
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- individual: includes a parent or guardian or an individual acting as a parent or guardian in the absence of a parent or guardian, except that the responsible authority shall withhold data from parents or guardians, or individuals acting as parents or guardians in the absence of parents or guardians, upon request by the minor if the responsible authority determines that withholding the data would be in the best interest of the minor. See Minnesota Statutes 13.02
- Person: means any individual, partnership, corporation, association, business trust, or a legal representative of an organization. See Minnesota Statutes 13.02
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(1) the protection and advocacy system receives a complaint by or on behalf of that person; and
(2) the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person.
Subd. 2.Mental illness or emotional impairment.
Data on an individual who has significant mental illness or emotional impairment and who is an inpatient or resident in a facility rendering care or treatment may be disseminated to the protection and advocacy system established in this state pursuant to Public Law 99-319 to protect the rights of persons who are mentally ill if:
(1) the protection and advocacy system receives a complaint by or on behalf of the person or there is probable cause to believe that the person has been subjected to abuse or neglect, as defined in Public Law 99-319;
(2) the person is by reason of a mental or physical condition unable to authorize the system to have access to data; and
(3) the person does not have a legal guardian or the state is the legal guardian of the person.