MATTER OF K. B. C.

Nos. 51729, 51730 and 52084.

308 N.W.2d 495 (1981)

In the Matter of the Mental Illness of K. B. C., Patient. K. B. C., Appellant, v. COUNTY OF ITASCA, Respondent, and Arthur E. Noot, Commissioner of the Minnesota Department of Public Welfare, Respondent, In Re D. L., Psychopathic Personality. In Re the Mental Illness of M. W. M. W., petitioner, Appellant, v. COUNTY OF BROWN, Respondent, and Arthur E. Noot, Commissioner of Public Welfare, Respondent.

Supreme Court of Minnesota.

July 24, 1981.


Attorney(s) appearing for the Case

Charles H. Thomas, Southern Minn. Regional Legal Services, Inc., Mankato, for appellants.

Sonya C. Steven, County Atty., and John P. Dimich, Asst. County Atty., Grand Rapids, for County of Itasca.

Warren Spannaus, Atty. Gen., and John L. Kirwin, Sp. Asst. Atty. Gen., St. Paul, for Noot, Commr. of Mn. Dept. of Public Welfare.

Robert W. Johnson, County Atty., and James J. Weber, Jr., Asst. County Atty., Anoka, for County of Anoka.

R. T. Rodenberg, County Atty., New Ulm, for County of Brown.

Thomas L. Johnson, Hennepin County Atty., Peter J. Fransway, Asst. County Atty., Anne E. Peek, Staff Atty., Minneapolis, for amicus curiae.

Heard, considered, and decided by the court en banc.


YETKA, Justice.

D. L. was committed to a state hospital as a psychopathic personality in 1979. In 1980, he petitioned the Anoka County Probate Court for a change of commitment status under Minn.Stat. § 253A.19 (1980), alleging that he no longer had a psychopathic personality. The probate court dismissed his petition on the ground that he was really seeking a discharge and Minn.Stat. § 253A.15 (1980) provided the exclusive remedy for discharge of someone...

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