27A-15-1. Definition of terms.
Terms used in this chapter mean:
(1)"Clinical evaluation," an evaluation of the minor to determine the appropriateness of admission to an inpatient psychiatric facility or continued inpatient treatment. The evaluation shall include a personal interview with the minor and parent, guardian, or other legal custodian, an examination of all relevant available records, a mental status examination of the minor, relevant social history information, and an examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation, including a full probe of the minor's background utilizing all relevant educational, treatment, and other public and private service provider sources;
(2)"Independent clinical evaluation," a clinical evaluation of the minor performed by a qualified mental health professional who:
(a)Is not currently involved in the diagnosis, treatment, or provision of services to the minor;
(b)Is not an employee of the facility to which admission of the minor is sought or to which the minor has been admitted; and
(c)Will not receive monetary benefit by the minor's admission to or continued stay in an inpatient psychiatric facility;
(3)"Minor," a person under eighteen years of age except that for purposes of this title, the term does not include a person who is emancipated under Title 26 or who is married. Any person not included within this definition of minor shall come under this title's provisions which apply to adults;
(4)"Parent," a biological or adoptive parent who has legal custody of the minor, including either parent if the parents have joint legal custody;
(5)"Psychiatric evaluation," an examination conducted by a psychiatrist which includes the history of present illness, past history of medical and psychiatric illness, pertinent psychosocial history, and a mental status examination that enables the formulation of a diagnostic summary.
Source: SL 1991, ch 220, §291; SL 1994, ch 255, §1; SL 2000, ch 129, §18.
Structure South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 15 - Treatment Of Minors
Section 27A-15-1 - Definition of terms.
Section 27A-15-1.1 - Serious emotional disturbance defined.
Section 27A-15-3 - Separation of minors from adult patients--Exception.
Section 27A-15-5 - Criteria for admission of minor.
Section 27A-15-9 - Informed consent--Oral and written--Copy to parent and minor.
Section 27A-15-13 - Denial of admission--Referral to other programs or services.
Section 27A-15-15.1 - Objection to continued inpatient treatment--Form and execution.
Section 27A-15-15.4 - Time limit for hearing--Location--Expenses.
Section 27A-15-15.6 - Testimony of mental health professional--Alternatives to inpatient treatment.
Section 27A-15-17.1 - Independent evaluation within twenty-four hours of objection.
Section 27A-15-18 - Discharge prior to hearing ordered by chairman of county board.
Section 27A-15-19 - Hearing following objection--Time limit.
Section 27A-15-20 - Overrule of minor's objection--Continued treatment or immediate discharge.
Section 27A-15-21 - Written comprehensive individualized treatment plan--Basis for plan.
Section 27A-15-22 - Review of treatment plan.
Section 27A-15-23 - Educational programming.
Section 27A-15-24 - Periodic evaluation.
Section 27A-15-26 - Discharge upon determination that criteria no longer being met.
Section 27A-15-27 - Predischarge plan of aftercare.
Section 27A-15-28 - Involuntary commitment.
Section 27A-15-29 - Criteria governing involuntary commitment.
Section 27A-15-33 - Immediate notification of rights.
Section 27A-15-34 - Release if criteria not met--Transportation--Detention if criteria met.
Section 27A-15-35 - Appointment of counsel--Conflict of interest.
Section 27A-15-36 - Procedure if hearing to be held--Alternative treatment.
Section 27A-15-37 - Completion of hearing--Board's determination--Commitment or release.
Section 27A-15-38 - Time limit to implement individualized treatment plan--Purpose of plan.
Section 27A-15-39 - Educational programming for involuntarily committed minor.
Section 27A-15-41 - Review hearing--Notice--Rights and procedures.
Section 27A-15-42 - Additional review hearings--Rights, procedures, and findings.
Section 27A-15-43 - Review of treatment plan.
Section 27A-15-44 - Predischarge plan of aftercare for involuntarily committed minor.
Section 27A-15-49 - Petition to continue treatment with psychotropic medication.
Section 27A-15-51 - Treatments continuously monitored--Periodic review--Least restrictive treatment.
Section 27A-15-59 - Immunity for local interagency team members.