South Dakota Codified Laws
Chapter 15 - Treatment Of Minors
Section 27A-15-51 - Treatments continuously monitored--Periodic review--Least restrictive treatment.

27A-15-51. Treatments continuously monitored--Periodic review--Least restrictive treatment.
The administration of psychotropic medication or the provision of treatments pursuant to §27A-15-45, to a minor pursuant to this chapter shall be continuously monitored by the minor's treating psychiatrist. The treatment shall be reviewed and approved as being the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance at least every thirty days by the treating psychiatrist and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist or physician after a personal examination of the minor. If the treating psychiatrist or the medical director or such consulting psychiatrist or physician determines that the treatment is no longer the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the treatment shall be immediately terminated. A copy of the personal examination and the treating psychiatrist's and the medical director's or consulting psychiatrist's or physician's determinations shall be made part of the minor's medical records.

Source: SL 1991, ch 220, §341; SL 2013, ch 122, §13.

Structure South Dakota Codified Laws

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-15-4 - Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional.

Section 27A-15-5 - Criteria for admission of minor.

Section 27A-15-8 - Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.

Section 27A-15-9 - Informed consent--Oral and written--Copy to parent and minor.

Section 27A-15-10 - Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.

Section 27A-15-12 - Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.

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-15-15.2 - Filing written objection--Notice of right to counsel--Hearing--Possible discharge.

Section 27A-15-15.3 - Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest.

Section 27A-15-15.4 - Time limit for hearing--Location--Expenses.

Section 27A-15-15.5 - Finding of hearing as to minor's residence--Parent's residence--Reopening hearing.

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-15-25 - Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday.

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-15-30 - Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents.

Section 27A-15-31 - Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.

Section 27A-15-32 - Apprehension by police officer for emergency intervention--Jail not used for custody of minor.

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-15-40 - Periodic review following involuntary commitment--Assessment--Right to refuse treatment.

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-15-45 - Experimental treatments prohibited--Petition for authorization under certain circumstances.

Section 27A-15-46 - Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.

Section 27A-15-47 - Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.

Section 27A-15-48 - Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination.

Section 27A-15-49 - Petition to continue treatment with psychotropic medication.

Section 27A-15-50 - Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order.

Section 27A-15-51 - Treatments continuously monitored--Periodic review--Least restrictive treatment.

Section 27A-15-54 - Mental health centers may designate interagency teams--Role of teams--Composition.

Section 27A-15-59 - Immunity for local interagency team members.