27A-11A-14. Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses.
Within ten days of the auditor's receipt of the committing board's findings regarding the residence and summary of proofs thereon, the county, other than the referring county, in which residence was found to be may request the committing board of mental illness to reopen the hearing upon the question of the person's residence by mailing a request to the chair of the committing board of mental illness. Upon receipt of the request to reopen the commitment hearing, the committing board of mental illness shall, as soon as practicable, afford the county determined to be the person's county of residence an opportunity to appear before the board, at a time and place set by the board and not more than thirty days from the date of the request to reopen the hearing. Notice of the reopened hearing shall be given to the county where the person was found and to the county requesting the reopening of the hearing at least ten days prior to the reopened hearing by mailing notice thereof to the respective county auditors . Either county appearing at the reopened hearing may present any evidence it may have to establish that it is not the county of residence of the person. The board shall then determine, by a preponderance of evidence, the county of residence of the patient and either affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and the county of residence with copies mailed to the administrator of the center or other facility where the person is undergoing treatment.
The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the patient for the costs incurred in conducting any reopened hearing requested by county regarding the question of residence.
Source: SL 1986, ch 227, §3; SL 1987, ch 198, §13A; SL 1988, ch 216, §3; SL 1991, ch 220, §150; SDCL Supp, §27A-9-18.2; SL 1999, ch 143, §8; SL 2000, ch 129, §14.
Structure South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 11A - Hearings Procedure
Section 27A-11A-1.1 - Petitions, applications, and documents made under oath or affirmation.
Section 27A-11A-1.2 - Qualification of electronic document as signed document.
Section 27A-11A-1.3 - Assurance of authenticity of electronic signature.
Section 27A-11A-1.4 - Electronically transmitted facsimile.
Section 27A-11A-3 - Filing of board papers with clerk of courts--Confidentiality and access.
Section 27A-11A-4 - State's attorney to represent petitioners--Reasonable costs.
Section 27A-11A-5 - Personal service of petition and notice of hearing--Contents of notice.
Section 27A-11A-6 - Sheriff's and witnesses' fees.
Section 27A-11A-7 - Assignment of counsel to represent alleged mentally ill person--Time allowed.
Section 27A-11A-9 - Expenses of evaluation--Additional examination.
Section 27A-11A-10 - Precautions against drugs hampering defense--Record of treatments administered.
Section 27A-11A-12 - Compensation for appointed counsel.
Section 27A-11A-13 - Determining residency.
Section 27A-11A-15 - Attorney general notified of findings as to nonresidency in state.
Section 27A-11A-17 - County of residence to refund attorney general's expenses.
Section 27A-11A-18 - Distribution of copies of board findings and documents.
Section 27A-11A-22 - Unsuccessful treatment--Hearing--Modification of treatment.
Section 27A-11A-23 - Fund designated for expenses of commitment proceeding.
Section 27A-11A-24 - Rules of evidence.
Section 27A-11A-25 - Appeal of final order--Costs for indigent person.
Section 27A-11A-26 - Appointed attorney not guardian ad litem.
Section 27A-11A-27 - Guardianship of estate unaffected by board proceedings.
Section 27A-11A-28 - Location and conduct of hearings and reviews.