27B-3-13. Disposition of funds of deceased patient--County claim--Escheat to recreation fund.
If any patient of the South Dakota Developmental Center--Redfield dies leaving less than three hundred dollars in money on deposit with the administrator, such money shall be transferred by the administrator to the recreation fund of such institution. If the money on deposit is the sum of three hundred dollars or more, the administrator shall hold it for the benefit of the county legally obligated for the care of the patient for the purpose of satisfying any lien of the county against the estate of the patient.
The administrator shall give timely notice of such deposit to the county auditor and to the clerk of courts of the county and the amount of money held. If the county has waived or fails to commence proceedings on its lien, or if no proceedings for probate or administration of the estate have commenced within six months from the time of giving the notice to the clerk of courts, or if in the course of administration it is found that there are no heirs to the estate, then the amount of the deposit shall, notwithstanding §29A-3-914, escheat to the recreation fund.
Any indebtedness, not in excess of one hundred dollars, incurred by the facility prior to the patient's death for the benefit of the patient may be paid by the facility from the deceased resident's funds on deposit with the administrator. This liability shall take precedence over the county lien.
Source: SDC 1939, §30.0603 as added by SL 1959, ch 175, §2; SDCL, §27-13-12; SL 1973, ch 174, §1; SL 1974, ch 188; SDCL Supp, §27-14-4; SL 1975, ch 182, §§72, 74; SL 1981, ch 209; SL 1989, ch 238, §14; SL 1996, ch 16, §4.
Structure South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Chapter 03 - State Institutions For Developmentally Disabled Persons
Section 27B-3-8 - Acceptance and use of donations to institution--Records maintained.
Section 27B-3-15 - Location and name of Redfield institution--Control and supervision.
Section 27B-3-16 - Function and mission of South Dakota Developmental Center.
Section 27B-3-18 - Tests and immunizations provided by facility.
Section 27B-3-19 - Appointment of director--Director's role.
Section 27B-3-20 - Unlawful detention of person with developmental disability.
Section 27B-3-21 - County review board may order commitment.
Section 27B-3-22 - Adults eligible for voluntary admission.
Section 27B-3-23 - Minors eligible for voluntary admission.
Section 27B-3-24 - Eligibility for voluntary admission.
Section 27B-3-25 - Comprehensive evaluation within thirty days of admission--Annual review.
Section 27B-3-26 - County auditor to be notified of admission.
Section 27B-3-27 - Liability of admittee for maintenance costs--Federal charges.
Section 27B-3-28 - Department responsible for processing fees due state.
Section 27B-3-29 - Periodic determination of individual maintenance costs.
Section 27B-3-30 - Full per diem rate charged to patient able to pay.
Section 27B-3-31 - Application to pay less than normal charges.
Section 27B-3-32 - Determination of amount to be paid by patient--Filing of grievance.
Section 27B-3-34 - Limitation of actions for charges--Action during lifetime.
Section 27B-3-38 - Appeal to circuit court from attorney general's determination.
Section 27B-3-39 - Adjustment of payments by one county for residents of another.
Section 27B-3-40 - Monthly certification of charges to counties--Payments to state.
Section 27B-3-41 - Payments deposited in general fund.
Section 27B-3-44 - Notice to voluntary resident of release procedures--Right to discharge.
Section 27B-3-45 - Temporary detention of voluntary resident--Emergency commitment procedures.
Section 27B-3-47 - Return to facility of resident absent without authority.
Section 27B-3-49 - Secretary to be informed when no guardian or conservator of adult resident.
Section 27B-3-50 - Evaluation of competence of resident attaining adulthood.
Section 27B-3-52 - Criminal background investigation of new employees--Temporary employment--Fees.