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Legal Authorities & Sample Forms

A Community Approach to Dealing with Hoarding

Dakota Lodge, Thompson Park, West St Paul, MN, December 2, 2014

|Statutes (may not be all applicable laws) |Webpage link/Contact |

|Minn.Stat. 145A. Public Health, Community Health Boards |leg.state.mn.us |

|145A.02, Subd. 17. Public Health Nuisance Definition | |

|145A.04, Powers & Duties of Community Health Board | |

|Subd. 7. Entry for inspection |Retrieve by number:  [pic][pic][pic] |

|Subd. 8 Removal and abatement of public health nuisances | |

|Subd. 9. Injunctive relief. |Insert statute number (not subdivision) to search and find most recent |

|Subd. 10 Hindrance of enforcement prohibited; penalty. |statutory language. |

|Subd. 11.Neglect of enforcement prohibited; penalty. | |

|145A.05 LOCAL ORDINANCES. |Legal tools (examples): |

|Subdivision 1.Generally. |Application for Administrative Search Warrant |

|Subd. 2.Animal control. |Search Warrant |

|Subd. 3.Control of unwholesome substances. |Temporary Restraining Order |

|Subd. 4.Regulation of waste. |Notice of Abatement |

|Subd. 7.Control of public health nuisances. | |

|Subd. 8.Enforcement of delegated powers. | |

|Subd. 9.Relation to cities and towns. | |

|Minn. Stat. § 412.221 [Statutory Cities] SPECIFIC POWERS OF COUNCIL. |leg.state.mn.us |

|Subd. 21.Animals. | |

|Subd. 22.Health. |Retrieve by number:  [pic][pic][pic] |

|Subd. 23.Nuisances. | |

|Subd. 24.Noise and disorder. |Insert statute number (not subdivision) to search and find most recent |

|Subd. 32.General welfare. |statutory language. |

|Minn. Stat. § 368.01 POWERS OF CERTAIN METROPOLITAN AREA TOWNS. |leg.state.mn.us |

|Subd. 13.Animals. | |

|Subd. 14.Health. |Retrieve by number:  [pic][pic][pic] |

|Subd. 15.Nuisances. | |

|Subd. 19.General welfare. |Insert statute number (not subdivision) to search and find most recent |

| |statutory language. |

|Minn. Stat. § 463.151 REMOVAL BY MUNICIPALITY; CONSENT; COST. |leg.state.mn.us |

|The governing body of any municipality may remove or raze any hazardous | |

|building or remove or correct any hazardous condition of real estate … |Retrieve by number:  [pic][pic][pic] |

| | |

| | |

| |Insert statute number (not subdivision) to search and find most recent |

| |statutory language. |

|Minn. Stat. § 462.17 BUILDINGS DECLARED A NUISANCE. |leg.state.mn.us |

|Any building or structure erected, altered, repaired, or used in violation| |

|of sections 462.12 to 462.17 or any ordinance passed thereunder, shall be |Retrieve by number:  [pic][pic][pic] |

|deemed a nuisance and may be abated at the suit of the city in a civil | |

|action. The city may maintain actions for injunction to prevent violation | |

|of sections 462.12 to 462.17 and of the ordinances passed in pursuance |Insert statute number (not subdivision) to search and find most recent |

|thereof. Owners of land and others interested in land within the district |statutory language. |

|may also maintain similar actions of abatement and for injunction. | |

|Child Protection Statutes |leg.state.mn.us |

| | |

|Minn. Stat. § 626.556, REPORTING OF MALTREATMENT OF MINORS |Retrieve by number:  [pic][pic][pic] |

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|Minn. Stat. § 260C.007 DEFINITIONS-CHILD IN NEED OF PROTECTION OR SERVICES| |

|(3) is without necessary food, clothing, shelter, education, or other |Insert statute number (not subdivision) to search and find most recent |

|required care for the child's physical or mental health or morals because |statutory language. |

|the child's parent, guardian, or custodian is unable or unwilling to | |

|provide that care; | |

|(8) is without proper parental care because of the emotional, mental, or |Dakota County Child Protection Intake: 952-891-7400 |

|physical disability, or state of immaturity of the child's parent, | |

|guardian, or other custodian; | |

|(9) is one whose behavior, condition, or environment is such as to be |Dakota County Social Services Policy 6203 |

|injurious or dangerous to the child or others; | |

|Minn. Stat. § 260C.301, TERMINATION OF PARENTAL RIGHTS |DCSS Housekeeping Checklist (DAK6100) |

|(2) that the parent has substantially, continuously, or repeatedly refused| |

|or neglected to comply with the duties imposed upon that parent by the | |

|parent and child relationship, including but not limited to providing the | |

|child with necessary food, clothing, shelter, education, and other care | |

|and control necessary for the child's physical, mental, or emotional | |

|health and development, if the parent is physically and financially able, | |

|and either reasonable efforts by the social services agency have failed to| |

|correct the conditions that formed the basis of the petition or reasonable| |

|efforts would be futile and therefore unreasonable; | |

|(4) that a parent is palpably unfit to be a party to the parent and child | |

|relationship because of a consistent pattern of specific conduct before | |

|the child or of specific conditions directly relating to the parent and | |

|child relationship either of which are determined by the court to be of a | |

|duration or nature that renders the parent unable, for the reasonably | |

|foreseeable future, to care appropriately for the ongoing physical, | |

|mental, or emotional needs of the child.; | |

|(5) that following the child's placement out of the home, reasonable | |

|efforts, under the direction of the court, have failed to correct the | |

|conditions leading to the child's placement. | |

|(8) that the child is neglected and in foster care; | |

|Criminal Statutes-Children | |

|Minn. Stat. § 609.378, NEGLECT OR ENDANGERMENT OF CHILD | |

|Adult Protection Statutes |leg.state.mn.us |

| | |

|Minn. Stat. § 626.557, REPORTING OF MALTREATMENT OF VULNERABLE ADULTS |Retrieve by number:  [pic][pic][pic] |

|Subd. 21.Vulnerable adult. | |

|(a) "Vulnerable adult" means any person 18 years of age or older who: … | |

|(4) regardless of residence or whether any type of service is received, |Insert statute number (not subdivision) to search and find most recent |

|possesses a physical or mental infirmity or other physical, mental, or |statutory language. |

|emotional dysfunction: (i) that impairs the individual's ability to | |

|provide adequately for the individual's own care without assistance, |Dakota County Adult Protection Intake: 651-554-6000 |

|including the provision of food, shelter, clothing, health care, or | |

|supervision; and (ii) because of the dysfunction or infirmity and the need|Dakota County Adult Services contracts with one or more companies for |

|for care or services[for the health, safety, welfare, or maintenance of an|clean-up, subject to a list of conditions if Dakota County is assisting |

|individual], the individual has an impaired ability to protect the |with a clean-up. |

|individual's self from maltreatment. | |

|CRIMINAL | |

|Minn. Stat. § 609.232 CRIMES AGAINST VULNERABLE ADULTS; DEFINITIONS. | |

|609.232, Crimes Against Vulnerable Adults, Definitions | |

|"Vulnerable adult" means any person 18 years of age or older who: | |

|(1) is a resident inpatient of a facility; | |

|(4) regardless of residence or whether any type of service is received, | |

|possesses a physical or mental infirmity or other physical, mental, or | |

|emotional dysfunction: (i) 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 (ii) because of the dysfunction or infirmity and the need| |

|for assistance, the individual has an impaired ability to protect the | |

|individual from maltreatment. | |

|609.233, CRIMINAL NEGLECT | |

|Policy/Ordinance/City Code Examples |Webpage Links |

|Dakota County Policy 9001 | |

|AUTHORIZING FUNDING PUBLIC HEALTH NUISANCE ABATEMENTS AND LEAD HAZARD | |

|REDUCTIONS (Published 4/30/02) |Dakota County has an ordinance for cleanup of meth houses, but not a |

| |general ordinance for nuisance abatements |

| | |

| |The County Board’s designated agent is the Director of Public Health or |

| |designee. Reports of Public Health Nuisances in Dakota County go to the |

| |Dakota County Department of Public Health Intake at 651-554-6115. |

|League of Minnesota Cities: | Governing & Managing/Resource Library: Search for “Nuisance” |

|Sample Public Nuisance Ordinance, published June 28, 2013 |Results: 48 sources (including sample ordinance) |

|City of Rosemount |

|Code title 9 Ch. 4: Building and Property Maintenance |7 |

|Richfield Code of Ordinances | |

|Section 405: Housing Code | |

|MINNESOTA RESOURCES |Webpage Link |

|The Minnesota Department of Health |.. |

|Controlling Public Health Nuisances: A Guide for Community Health Boards | |

|(MN Dept. Health 1992): Includes Flowchart and fact scenarios, sample | |

|administrative search warrant, sample forms (complaint intake forms and | |

|checklist, abatement notices, proof of service of abatement notices, work | |

|order, follow-up letter sent on resolution of abatement | |

|Minnesota Local Public Health Association: | |

|Minnesota Hoarding Task Force: |mntaskforce@ |

|League of Minnesota Cities: | |

|Handbook for Minnesota Cities: Ch. 12 – City Regulatory Functions, |Governing & Managing/Resource Library: |

|Published September 22, 2014 | |

|Public Nuisances, published June 28, 2014 |Search for “Nuisance” |

|Dangerous Properties, published June 24, 2013 | |

| |Results: 48 resources (including those to the left) |

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|NON-MINNESOTA Example/Document Name |NON-MINNESOTA Webpage Link |

|Potential Signs of Hoarding |

|Montgomery County Task Force on Hoarding Behavior, February 2011 |orceonhoardingbehaviorreport.pdf |

|Clutter-Hoarding Scale: A Residential Observation Tool, | |

|Institute for Challenging Disorganization (ICD) | |

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|Clutter-Hoarding Scale-Quick Reference Guide |cale |

|Clutter Image Rating Scale | |

|International OCD Foundation | |

|Compulsive Hoarding Toolbox |DocumentCenter/View/1343 |

|Brookline Hoarding Task Force, March 2009 | |

|Uniform Inspection Checklist – Hoarding/Excessive Clutter | /rental housing/property managers/hoarding resources |

|Massachusetts Housing | |

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|General Information | |

|Definition of Hoarding | |

|Hoarding Fact Sheet | |

|Hoarding Presentation: Hampden County Hoarding Task Force | |

|Hoarding: Best Practices Guide | |

|Hoarding: What it is, Consequences and Intervention | |

|Massachusetts Hoarding Fact Sheet | |

|Who Needs to Be Involved in Compulsive Hoarding | |

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|Tools: Assessments and Forms | |

|HOMES® Multi-Disciplinary Hoarding Risk Assessment | |

|Case Consultation and Waiver Forms | |

|Case Management Agreement | |

|Hoarding Intervention Essentials | |

|Hoarding Protocol | |

|Hoarding: What to Look For | |

|How to Talk to Someone with Hoarding: Do’s and Don’ts | |

|Protocol for Dealing with The Problem of Hoarding | |

|Sample Hoarding Assessment | |

|Sample HUD Language for Service Provider Release | |

|Safety and Health Issues Resulting From Hoarding | |

|ICD Clutter-Hoarding Scale | |

|Readiness to Change Questionnaire & Scoring | |

|Uniform Inspection Checklist - Hoarding/Excessive Clutter | |

|Uniform Inspection Checklist Cover Letter | |

|Uniform Inspection Checklist - Quick Reference | |

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