27A-15-41. Review hearing--Notice--Rights and procedures.
Within forty-five days after the involuntary commitment of a minor who is still under the commitment order, the county board of mental illness which serves the county in which the minor is receiving treatment shall conduct a review hearing in such county to determine if the minor continues to meet the criteria in §27A-15-29. Notice of the review hearing shall be given to the minor, and his attorney if the minor has retained counsel, at least six days prior to the hearing. If the minor has not retained counsel at the time of the notice, the chairman of the county board shall immediately appoint counsel to represent the minor. In no case may the minor's attorney be a person who, in the previous two years, has advised or represented the facility or program to which the minor is committed or who would otherwise have a conflict of interest. At the time the notice of hearing is given, the minor and his attorney shall be informed of all evidence that will be considered at the review hearing. Any evidence subsequently discovered shall be immediately transmitted to the minor and his attorney. The rights and procedures applicable in relation to an initial commitment hearing shall be applicable in relation to the review hearing except that a petition need not be filed. The board of mental illness may order the continued involuntary commitment of the minor to the same or alternative placement or program for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that the criteria in §27A-15-37 are met. If the board orders the continued involuntary commitment of the minor, it shall immediately notify the minor and his attorney of his right to appeal as provided in §27A-11A-25. If continued involuntary commitment is ordered, a review hearing as provided in this section shall be conducted at least every forty-five days that the minor remains under commitment.
If the required findings are not made, the board shall order that the minor be immediately discharged from involuntary commitment. Upon such discharge, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the chairman of the board of mental illness shall explain and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source: SL 1991, ch 220, §331.
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.