27A-13-18.1. Appeal of residence determination to circuit court by county--Notice to attorney general--Trial de novo.
If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of residence in the manner provided in this title, and the state's attorney or county commissioners of the county claim that the patient is not a proper charge against the county and that the patient is a proper charge against the state at large because the patient is not a resident of the state, that county may appeal the committing board's determination of the patient's residence to the circuit court. Notice of such appeal shall be served upon the attorney general within thirty days from the date of the finding of residence by the committing board of mental illness. Upon the filing of such an appeal, the circuit court shall conduct a trial de novo and determine, by a preponderance of evidence, the residence of such patient and thereupon determine whether he is a proper charge against the county or the state at large. Such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.
Source: SL 1986, ch 227, §9; SL 1991, ch 220, §265.
Structure South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 13 - Costs Of Care And Treatment In State Facilities
Section 27A-13-2 - Definition of terms.
Section 27A-13-3 - Department responsible for collection and processing of fees.
Section 27A-13-3.2 - Secretary to promulgate rules to determine fees and ability to pay.
Section 27A-13-7 - Periodic approval and monthly assessment of charges--Method of computation.
Section 27A-13-8 - Full per diem cost paid by person financially able to pay.
Section 27A-13-10 - Determination by secretary of amount to be charged--Appeal and hearing.
Section 27A-13-11 - Review and change of amounts to be charged.
Section 27A-13-14 - Collection of delinquent accounts--Credit to general fund.
Section 27A-13-15 - County appropriation for support of mentally ill.
Section 27A-13-16 - Admission fee to be paid by county of residence--Amount.
Section 27A-13-17 - Procedure for determining county of residency.
Section 27A-13-19 - Charges to state for patient determined to be nonresident.
Section 27A-13-19.1 - Voluntary admission of non-resident--Waiver of fee.
Section 27A-13-22 - Expenses paid by county reimbursed by county of residence.
Section 27A-13-26 - Monthly certification of charges to counties--Payment--Deposit.
Section 27A-13-27 - Uniform system of accounts continued.
Section 27A-13-31 - Action by county for reimbursement--Lien on property.
Section 27A-13-34 - Disposition of amounts collected from patient or responsible person.