27A-15-24. Periodic evaluation.
Within forty-five days after the admission of a minor by parent, guardian, or other legal custodian under this chapter and at least every forty-five days thereafter, a psychiatric evaluation of the minor shall be completed by a psychiatrist to assess the need for continued inpatient treatment. If the psychiatrist determines that the criteria in §27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of the minor's parent, guardian, or other legal custodian. The refusal of the parent, guardian, or other legal custodian to take physical custody of the minor is not sufficient reason for continued inpatient treatment. In the event of such refusal, the administrator or facility director shall explain alternative treatment options available to the parents, guardian, or other legal custodian and the minor and advise the parent, guardian, or other legal custodian that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
If the psychiatrist concludes that the criteria in §27A-15-5 continue to be met, the psychiatrist shall so state the reasons in written findings which, along with the clinical evaluation, shall become part of the minor's medical records. The administrator or facility director shall immediately inform the parent, guardian, or other legal custodian who consented to admission of the right to request an independent clinical evaluation.
The administrator or facility director shall also request of the parent, guardian, or other legal custodian an oral and written affirmation of informed consent to inpatient treatment of the minor. Affirmation of the notice to the parent, guardian, or other legal custodian and the parent's, guardian's, or other legal custodian's informed consent shall be in writing and be made part of the minor's medical records. A parent's, guardian's, or other legal custodian's failure to affirm informed consent constitutes notice of intention to terminate inpatient treatment as provided in § 27A-15-12.
Source: SL 1991, ch 220, §314; SL 1992, ch 189, §23; SL 2000, ch 129, §23.
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.