27A-15-38. Time limit to implement individualized treatment plan--Purpose of plan.
Within ten days after the involuntary commitment of a minor, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that a written comprehensive individualized treatment plan has been developed and implemented as provided in §27A-15-21, and has been explained to the minor and the minor's parent, guardian, or other legal custodian. If such a treatment plan has not been implemented within ten days, the minor shall be immediately released.
The treatment plan shall be based on a diagnostic evaluation that includes examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation and reflects the need for the involuntary treatment. The plan shall be designed to maximize the minor's development and acquisition of perceptual skills, social skills, self-direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the minor lives and to achieve the minor's discharge from involuntary commitment at the earliest appropriate time. The plan shall include specific behavioral, emotional, and other treatment goals against which the success of treatment may be measured and shall prescribe an integrated program of therapies, activities, and experiences designed to meet the goals. No plan may consist solely of chemical therapy unless supported by sufficient psychiatric and medical opinion. If commitment is to an inpatient psychiatric facility, the plan shall include recreational and play opportunities in the open air. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with the minor's ability to understand and participate, and the minor's family shall be involved to the maximum extent consistent with the minor's treatment needs. The plan shall include post-discharge plans for aftercare as provided in §27A-15-44.
Source: SL 1991, ch 220, §328; SL 2000, ch 129, §25.
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.