South Dakota Codified Laws
Chapter 03 - State Institutions For Developmentally Disabled Persons
Section 27B-3-51 - Secretary to be informed when no guardian for incompetent resident attaining adulthood.

27B-3-51. Secretary to be informed when no guardian for incompetent resident attaining adulthood.
If the facility determines after evaluation pursuant to §27B-3-50, that the person with a developmental disability is not competent to execute an application for voluntary admission or that the person otherwise requires the protective services of a guardian, that person's parent, or if none, another interested person or entity shall be notified and requested to file a petition for the appointment of a guardian. If no petition is filed, the director shall inform the secretary of the Department of Human Services.

Source: SL 2000, ch 131, §53.

Structure South Dakota Codified Laws

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-3-13 - Disposition of funds of deceased patient--County claim--Escheat to recreation fund.

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-3-17 - Immunizations and tests for communicable diseases required for admission to facility--Alternatives.

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-3-33 - Civil action for charges payable--Lien on property--Claim against decedent's estates.

Section 27B-3-34 - Limitation of actions for charges--Action during lifetime.

Section 27B-3-35 - County liable when not charged to state at large--Payments not admission of residency--Residency determination--Matching federal funds.

Section 27B-3-36 - Expenses for person with developmental disability under control of child welfare agency--Petition for guardianship.

Section 27B-3-37 - County assertion that person with developmental disability not a proper charge--Notice to file proofs--Investigation by attorney general--Notice of determination.

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-3-42 - Transfer of resident from state facility to another--Notice before transfer--Emergency transfer.

Section 27B-3-43 - Consultation with family and interdisciplinary team before transfer to another state.

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-3-46 - Discretionary discharge of voluntary resident--Notice to parent or guardian of release and alternative services.

Section 27B-3-47 - Return to facility of resident absent without authority.

Section 27B-3-48 - Notice to law enforcement officers of absence of resident without authority--Detention and return to facility.

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-3-51 - Secretary to be informed when no guardian for incompetent resident attaining adulthood.

Section 27B-3-52 - Criminal background investigation of new employees--Temporary employment--Fees.