Show All Answers

1. When does the County Attorney’s Office become involved with adult protection matters?

The County Attorney’s Office becomes involved when there has been a finding of financial exploitation, neglect and/or physical or emotional abuse of a vulnerable adult, and legal action initiated by the county is necessary to protect the vulnerable adult from further exploitation, neglect or abuse.

2. What is a vulnerable adult?

A vulnerable adult is a person 18 years of age or older who has a physical, mental or emotional dysfunction that impairs the individual’s ability to provide adequately for the individual’s own care without assistance, including the provision of food, shelter, clothing, health care or supervision; and because of the dysfunction and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.

3. What kind of judicial action can be taken to protect vulnerable adults?

If the vulnerable adult is incompetent to take care of personal needs such as provision of reasonable housing, medical care, or food, a petition to appoint a guardian of the person may be brought. If the vulnerable adult is incompetent to make decisions regarding financial affairs, a petition to appoint a conservator of the person’s estate can be brought. If a guardian or conservator is appointed, that person has the obligation to assist the individual with management of the individual’s affairs, whether it be managing the person’s bank account, or finding the person a safe place to live, and arranging for the person’s admission and move to the new residence.

Another legal remedy that does not result in the vulnerable adult being placed under guardianship or conservatorship is an action for injunctive relief, where the petitioner requests a court order requiring a party to do or refrain from doing a particular action that is harmful to the vulnerable adult. These legal actions may be brought by attorneys in the County Attorney’s Office’s Protective Services Unit, as part if their responsibility under the Vulnerable Adults Act.

If a finding is made of maltreatment of a vulnerable adult, the perpetrator of the maltreatment will be disqualified from employment working with vulnerable adults or children. The perpetrator could be liable for civil damages in a private lawsuit.

In a criminal proceeding, action can be taken by the State against a person charged with financial exploitation, criminal neglect, or abuse of a vulnerable adult. These matters would be handled in the Criminal Division of the County Attorney’s Office.

4. Can private individuals file their own guardianship/conservatorship petitions, without the involvement of the County Attorney’s Office?

Yes. In fact, the great majority of guardianship and conservatorship petitions are filed by private individuals, without any involvement by the County Attorney’s Office. Private lawyers who practice in the areas of probate, elder law and estate planning often bring guardianship/conservatorship proceedings on behalf of their clients. Petitioners can and often do represent themselves, as well. Forms and instructions for filing a guardianship or conservatorship petition can be found on the Minnesota Courts Web site at www.courts.state.mn.us/forms.

Regardless of whether the petition is filed by the County Attorney’s Office, a private attorney or a pro se party, the county Social Services department becomes involved, since the court is required to appoint a court visitor, usually a county social worker, to visit the proposed ward/conservatee and file a report and recommendation with the court.

5. What can private citizens do to assist with the protection of vulnerable adults?

It is often said that the quality of a society can be judged by the way it protects its most vulnerable citizens. Financial exploitation, abuse and/or neglect of a vulnerable adult is a crime, just as child abuse or neglect is a crime. Similar to children who are subjected to abuse and neglect, vulnerable adults are often not able to report the crime or extricate themselves from the situation they are in.
Citizens who suspect that a vulnerable adult is being neglected, abused, or financially exploited should report the matter to law enforcement and make a report to Minnesota Adult Abuse Reporting Center at 844-880-1574.
Abuse or neglect may be at the hands of a family member who has accepted the responsibility to provide care for the vulnerable adult, or at the hands of a professional caregiver who cares for the vulnerable adult. A not uncommon example of financial exploitation involves an unemployed adult child living with an elderly, mentally or physically impaired parent, who uses the parent’s money for the child’s own purposes, such as to feed a drug or alcohol addiction, while failing to pay the necessary expenses of the parent.

Show All Answers

1. What is civil commitment?

Civil commitment is court-ordered treatment for persons who are mentally ill, chemically dependent, developmentally delayed, or sexually dangerous. The commitment process may result in the person being confined in a state-operated facility, community hospital or community treatment center, or may result in court-ordered treatment on an outpatient basis, depending on what is most appropriate.

2. If I think someone should be committed, do I have to go through the county, or can I file my own petition with the court?

You are required to go through the county. You can start the process by calling pre-petition screening at 763-324-1420. If the person is in the hospital and the person’s doctor believes that a civil commitment is needed, hospital staff will contact pre-petition screening. A team of mental health professionals will screen the case to determine if a commitment petition is appropriate, or if there are other less-restrictive alternatives that will meet the person’s treatment needs. If the pre-petition screening team believes that a commitment petition is appropriate, they will prepare a written report and submit it to the County Attorney’s Office, along with a doctor’s statement supporting the commitment. If the County Attorney’s Office determines that legal criteria are met for filing a petition, a petition will be filed, with the pre-petition screening report and examiner’s statement attached, and the matter will be set on for hearing. The County Attorney’s Office will represent the petitioner in the civil commitment proceeding. A court-appointed attorney will represent the patient.

3. What if the pre-petition screening team does not support commitment?

A person seeking commitment of another person can appeal the decision of the pre-petition screening team to the County Attorney’s Office. The County Attorney’s Office will examine the facts of the case and decide whether or not to file a petition. This analysis can only be done after the completion of the pre-petition screening process, since a pre-petition screening is a pre-requisite to the filing of a civil commitment petition. Because the pre-petition screeners are very knowledgeable about the legal standards for commitment, it is unusual for the County Attorney’s Office to accept a petition when the team did not recommend commitment.

4. What criteria must be met for a petition to be filed?

For mental illness or developmentally disabled people:

For a mentally ill or developmentally disabled person, it must be demonstrated by recent behavior that the person’s mental illness or developmental disability poses a substantial likelihood of physical harm to self or others. The person must have recently caused or threatened to cause physical harm to self or others, or caused significant damage to substantial property, or demonstrated failure or inability to provide necessary food, clothing, shelter or medical care. Failure to take psychiatric medication or exhibition of the symptoms of mental illness or developmental delay is not enough alone to petition for court-ordered treatment without the showing of danger to self or others.

For chemical dependency:

For a chemically dependent person, it must be demonstrated by recent behavior that the person’s habitual and excessive use of alcohol, drugs, or other mind-altering substances causes the person to be incapable of self-management or management of personal affairs, and that it poses a substantial likelihood of physical harm to self or others. The person must have recently caused or threatened to cause physical harm to self or others, or evidenced recent serious health problems related to the chemical use, or demonstrated failure to provide necessary food, clothing, shelter or medical care. A pregnant woman can be committed if during her pregnancy she has engaged in habitual or excessive use, for a non-medical purpose, of any of the following controlled substances or their derivatives: cocaine, heroin, phencyclidine, methamphetamine or amphetamine.

For a sexually dangerous person, or sexual psychopathic personality:

Pre-petition screening is not required for these petitions. The respondents in these cases are often referred to the County Attorney’s Office for possible civil commitment by the Department of Corrections. Most often, but not always, the persons have been serving a prison sentence for a sexual misconduct crime. To be committed as a sexually dangerous person or a sexual psychopathic personality, it must be proven that the person has engaged in a course of (multiple incidences of) harmful sexual conduct in the past, and that it is highly likely that without court-ordered treatment, the person will engage in harmful sexual conduct in the future. If committed, the person is committed on an indeterminate basis to a secure, locked facility that specializes in treatment of sex offenders.

5. Can the court require a mentally ill person to take antipsychotic medication?

Because citizens have a fundamental right to refuse treatment, the court will not impose involuntary treatment with antipsychotic medication unless a civil commitment petition has been filed, or the person is under guardianship. Before treatment can be administered against the person’s will (except in the case of emergency), the court must first decide whether the person has the capacity to make decisions regarding use of the medications. If the court finds that the person’s mental illness interferes with the person’s being able to understand the illness, the purpose of the medication and the risks and benefits of the medication, and if the court finds that the medication is necessary and reasonable for the person’s treatment, the court can authorize the treatment facility to administer medication without the patient’s consent during the period of the civil commitment. If the patient is willing to take the medication, but does not have the capacity to make decisions about medications, a substitute decision maker is appointed by the court to make the decision for the patient.

6. Do persons who are civilly committed lose any rights/privileges of citizenship?

Persons who are civilly committed continue to have the rights they otherwise would have had to dispose of property, sue and be sued, enter into legal contracts, vote and hold a driver’s license. However, if a person has ever been confined in a treatment facility as a person who is mentally ill, developmentally delayed, or mentally ill and dangerous to the public, or has been found in criminal court to be incompetent to stand trial or not guilty by reason of mental illness, the person is prohibited from possessing a firearm, unless the person obtains a certificate of a medical doctor or other proof that the person is no longer suffering from the disability for which the person was confined.

7. If a person is found incompetent to stand trial or not guilty of a crime due to mental illness or developmental delay, is the person automatically committed to a treatment facility?

No. A commitment petition must still be filed and a hearing held in civil court, before the person can be committed, and the criteria for civil commitment must still be met. It is therefore possible for a person to have engaged in criminal activity, be incapable of participating in the criminal proceeding, or be found not guilty due to mental illness or developmental delay, and at the same time, not be subject to commitment in a civil commitment proceeding. This is most likely to happen in the case of crimes that do not involve physical harm to self or others.

Show All Answers

1. Do I have to come to court?

You are not obligated to come to court unless you receive a subpoena. However, as the victim of a crime committed by an adult offender, you have the right to be at any hearing. Many juvenile hearings are closed and you should ask your Victim Witness Specialist whether you may attend. Victim Witness Specialists are available to escort or accompany you to the courtroom and explain the proceedings if you wish.

2. What happens when I appear in court?

Before you appear in court, contact the Anoka County Victim Witness Program at (763) 323-5559. These specialists can help you understand your role, your rights and responsibilities, and the criminal justice system as a whole. Remember, you are not required to speak to anyone else about your involvement in the case. Before your appearance, try to visualize what happened so you will be able to answer questions confidently. Your job is to tell the truth.

3. What do I need to do as a witness?

As a witness, your responsibility is to appear in court as directed and state the facts truthfully and accurately as you remember them. Your role is essential to our system of justice. All subpoenaed witnesses have information about the crime. Even small pieces of information can be critical in determining what actually happened and, ultimately, the outcome of the case.

Show All Answers

1. Is a license required to provide foster care or family child care?

Yes, with a few exceptions, such as providing family child care for a relative, or providing non-residential child care for children from just one unrelated family.

2. How do I know if a child or foster care home is licensed?

Call 763-422-7146 to check into license status for family child care, 763-422-7070 for adult foster care and 763-422-7144 for child foster care.

3. What is the purpose of requiring a license?

The children and adults receiving care in child and foster care homes in Minnesota are among the most vulnerable citizens in our community. To receive a license, the provider, staff and others who will be in contact with the persons being cared for must pass a criminal history check, and meet certain requirements to ensure the safety of the children or vulnerable adults being served. Providers are required to attend training sessions pertaining to the needs of the persons being served in their homes, and keep training up to date. Their homes are inspected on at least an annual basis, more often if there are problems.

4. What if I suspect that a person is providing child care without a license?

It is a misdemeanor-level criminal offense in Minnesota to provide child care without a license, unless an exception applies. If you suspect someone of providing unlicensed care you should call your local police department, or call the child care licensing division in Anoka County at 763-422-7146. The provider will be informed of the obligation to obtain a license, and the process for obtaining a license. If the provider does not follow through with obtaining a license, the police will investigate to see if the provider continues to provide care. If the provider is still providing child care without a license, the matter will be referred to the city attorney for prosecution.

5. What if I have concerns about the health and safety of persons being served by licensed child and foster care providers in Anoka County?

For concerns about family child care call 763-422-7146, for child foster care call 763-422-7144 and for adult foster care call 763-422-7070. If you have concerns for the well-being of a child, you can call child protection at 763-422-7125. A specially trained social worker will investigate the situation and take appropriate action.

6. What sanctions are imposed if the investigation indicates that the health or safety of the persons being served is at risk?

Depending on the situation, and the level of risk, the sanctions can range all the way from a corrective order (an order to correct the situation- with a follow up visit to assure the correction has been made), to immediate suspension and revocation of the license in the most dangerous situations.

7. Where can I find more information about the family child care licensing process?

To learn more about foster care, please see the link below:

Family Child Care Licensing

8. Where can I find more information about the child foster care licensing process?

Please go to: Child Foster Care. Child Foster Care

9. Where can I find more information about the adult foster care licensing process?

See more information under Adult Foster Care. Adult Foster Care

Show All Answers

1. What should I do when I receive my subpoena?

You must respond to your subpoena within 48 hours. To confirm receipt of your subpoena, review the Subpoenas page, and proceed as directed. If you do not have access to the internet, call 763-323-5560 and leave your name, contact information, the file number, and the date you are ordered to appear.

2. What should I do if I have received a subpoena in the mail and I do not know why?

All subpoenaed witnesses have personal information about a crime which has been committed. You may be testifying to: value of items, lack of permission to enter, or damage to property. You undoubtedly talked (in person or on the telephone) with a police officer / investigator. Witnesses often think that what they know about about an incident may not be significant, however even small pieces of information can be critical in determining what actually happened and the outcome of a case. Without citizen cooperation, it is impossible to hold criminals accountable.

3. What should I do if I am unable to appear for my subpoena because of vacation, doctor appointment, or other event?

If you are unable to appear for a subpoena, you must contact Victim Witness Program immediately. Victim Witness Program staff do not have the authority to release a person from a court ordered subpoena, however they can relay the information to the prosecuting attorney. Call Victim Witness services at 763-323-5559.

4. What should I do if my employer or school will not give me permission to go to court?

By law, a person cannot be penalized for responding to a subpoena. The subpoena is a court order. Show the actual subpoena to your employer / school. If appearing remains an issue, have the employer / administrator call our office at 763-323-5550 to discuss the matter. Many cases are resolved prior to actually going to trial and may be called off. Subpoenaed witnesses may be placed on call.

5. What should I do if my minor son or daughter was subpoenaed?

The law provides for minors to be subpoenaed. A subpoena must be in the name of the person required to appear, even if the person is a minor. In the case of witnesses, a police report may not even include a parent’s name. A parent need not be present when a statement is taken from a witness. A minor witness can appear for court without a parent.

6. What should I do if I am a witness (or parent of a minor witness) and I am concerned about lost wages?

Witnesses will be paid $20 for responding to the subpoena, mileage reimbursement of $0.28 per mile roundtrip and lost wages up to $60 per day (as limited by law). Payment checks are sent within 30 days of the appearance. Paperwork will be completed with Victim Witness Program staff when you attend court for testimony. Witnesses should keep track of their mileage to the courthouse and bring their subpoena with them.

7. What happens if I do not respond to a subpoena?

Many cases settle prior to the time of their subpoena. If you have concerns and/or questions regarding court contact the Victim Witness Program. If you are not released by the attorney issuing the subpoena you are required to appear. A subpoena is a court order. The judge has the authority to issue warrants for witnesses found in contempt of court for failing to respond to a court order. Police will go to a school or home to pick up necessary witnesses.

8. What should I do if I have been subpoenaed and am worried about seeing the defendant?

Witnesses have the right to separate waiting areas and the Victim Witness Program will make every effort to keep the defendant and victim/witness apart while outside of the courtroom. The defendant has the right to be present at all court appearances. You do not need to look at the defendant except if you are asked to identify the person in court. There are also deputies on duty in every courtroom to insure a victim or witness’s safety.

9. What should I do if I do not have transportation to court?

A subpoena is a court order. Lack of transportation is not a reason to release you from a subpoena. Contact the Victim Witness Program at 763-323-5559 to discuss possible transportation options.

10. I already gave a statement, why do I have to come and testify at a trial? Can I testify by video?

The constitutions of the United States and State of Minnesota guarantee each defendant the right to face their accusers. Your Victim Witness Specialist will do as much as possible to prepare you for your experience on the witness stand.

Show All Answers

1. I want a no contact order dropped, as I never requested the order. How do I do that?

The County Attorney’s Office has the obligation to protect citizens assumed to be in situations which may not be safe. In cases of personal crime, (assault, domestic assault, criminal vehicular operation, attempted murder/murder, child maltreatment, terroristic threats, etc.) the county attorney, as a matter of policy (unless the victim has advised the bail evaluator otherwise prior to the first appearance), routinely requests No Contact Orders since it is difficult to assess an individual's level of safety.

You will need to be present at the next scheduled court hearing to make a personal request to cancel the No Contact Order. On occasion, judges will give consideration to a written request to cancel. It is up to the judge to decide – he/she may feel that maintaining the No Contact Order is the best choice to keep a victim safe. If desired, you may attend the court hearing and be available to appear before the judge if deemed necessary / appropriate to validate your request.

2. As the victim I want the charges dropped. How do I do that?

Victims do not file charges; the county attorney does. Therefore, victims do not have the right to drop charges. It is the county attorney’s responsibility to citizens of the state, with information provided by police / investigators, to charge persons who have committed crimes. If a person recants / changes their story, they must notify the police department or Investigator with this new information. Victims may also speak with the Victim Witness Specialist about their feelings and/or wishes for the outcome of the case. The specialist can be reached by calling 763-324-5540.

3. How do I request a copy of my police report?

Access to law enforcement data is governed by the Minnesota Government Data Practices Act, a lengthy and complicated statute. To assist crime victims in their quest to obtain law enforcement data, the Crime Victim Justice Unit developed a handout with basic tips for victims, which explains the applicable laws, gives information about what fees may be charged for copies of that data, and suggests strategies for victims when they encounter problems. Download How Do I Get a Copy of My Police Report for more information.

4. Do I have to come to court?

You are not obligated to come to court unless you receive a subpoena. However, as the victim or witness to a crime committed by an adult offender, you have the right to be at any hearing. Many juvenile hearings are closed and you should ask your Victim Witness Specialist whether you may attend. Victim Witness Specialists are available to escort or accompany you to the courtroom and explain the proceedings if you wish.

5. What should I do if I'm afraid the offender will want to retaliate against me or my family members?

The county attorney can request that a No Contact Order be issued as a condition of the defendant’s release. Also, in cases of domestic abuse, you can get help in obtaining an Order for Protection through Alexandra House, 763-576-9999. Visit their website for more information. Any violations of these orders should be reported to the police and the probation office immediately.

6. How do I know if the offender is still in custody?

There are a number of ways to track defendants who may be in custody. You will the need the name of the defendant. A date of birth is also helpful.

• If the defendant is in custody in a state prison, information may be accessed through the Minnesota Department of Corrections website.
• Victim Information Notification Everyday (VINE), is an automated system that will track offenders in most of Minnesota’s county jails. VINE is available by calling 877-MN4-VINE (877-664-8463), or at their website.
• You may also receive a document with sentencing information from your Victim Witness Specialist that will enable you to request that the custodial facility notify you when the defendant is scheduled to be released or furloughed.

7. What do I do about expenses related to this crime?

There are several resources available for financial assistance. Your victim witness specialist can help you sort out which is best for you. Emergency funds may be available on a limited basis to help with emergencies not covered by insurance or other sources. The State of Minnesota also has funds available to assist victims of crime with medical, dental, psychological, or funeral expenses related to a crime. Call the specialist at 763-324-5540 for more information.

8. How long until I get my restitution?

Restitution for both juvenile and adult offenders is paid on a schedule arranged by the supervising Probation Officer. You may speak to the probation officer by calling the Anoka County Corrections Department at 763-323-5830 and asking to speak with the person who is supervising the offender. You also have the right to request that a review hearing be scheduled if you are not satisfied with the rate of payment. This will not guarantee payment or any change. It will simply be a request for the court to review the defendant's efforts at complying with the court's order.

9. I'm afraid the offender will want to retaliate against me or my family members. How can you help?

The County Attorney can request that a no contact order be issued as a condition of the defendant’s release. Also, in cases of domestic abuse, you can get help in obtaining an Order for Protection through Alexandra House. Any violations of these orders should be reported to the police and the probation office.

10. What do I do about expenses related to this crime?

There are several resources available for financial assistance. Your Victim Witness Specialist can help you sort out which is best for you. Emergency funds may be available on a limited basis to help with emergencies not covered by insurance or other sources. The State of Minnesota also has funds available to assist victims of crime with medical, dental, psychological or funeral expenses related to a crime.