27B-7-27. Petition for board-ordered admission asserting need for immediate intervention--Contents.
Any interested person may file with the chair of the county review board a verified petition which asserts that a person meets the criteria for board-ordered commitment as specified in §27B-7-37. If any person is alleged to have a developmental disability and to be in such condition that immediate intervention is necessary for the protection from the physical harm of self or others, any person, eighteen years of age or older, may petition the chair of the county review board where such person with an alleged developmental disability is found, stating the factual basis for concluding that the person is developmentally disabled and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:
(1)A statement by the petitioner that the petitioner believes, on the basis of personal knowledge, that the person is a danger to self or others;
(2)The specific nature of the danger;
(3)A summary of the information upon which the statement of danger is based;
(4)A statement of facts which caused the person to come to the petitioner's attention;
(5)The address and signature of the petitioner and a statement of the petitioner's interest in the case; and
(6)The name of the person to be evaluated, the address, age, marital status, and occupation of the person, and the name and address of the person's nearest relative.
Source: SL 2000, ch 131, §59.
Structure South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons
Section 27B-7-25 - Oaths of office of board members.
Section 27B-7-25.1 - Board members immune from civil liability when acting in good faith--Exception.
Section 27B-7-29 - Board to notify department of petition--Department to prepare report--Filing.
Section 27B-7-30 - Disclosure of information.
Section 27B-7-31 - Contents of report in § 27B-7-28.
Section 27B-7-32 - Finding of residence.
Section 27B-7-32.1 - Request to reopen hearing regarding residence.
Section 27B-7-32.2 - Appearance before board--Notice--Findings of board.
Section 27B-7-32.3 - Costs of reopened hearing--Lien against patient not permitted.
Section 27B-7-32.4 - Finding of nonresidency to be forwarded to attorney general.
Section 27B-7-32.5 - Attorney general may request reopened hearing--Notice.
Section 27B-7-32.6 - Presentation of evidence--Burden of proof--Filing of finding.
Section 27B-7-32.7 - Costs of reopened hearing--Reimbursement by county or state.
Section 27B-7-32.8 - Refund of expenses of reopened hearing.
Section 27B-7-33 - Time and place of hearing--Notice--Copies of order after hearing.
Section 27B-7-34 - Procedure governing hearings.
Section 27B-7-35 - Participation by state's attorney.
Section 27B-7-36 - Dismissal of petition if not upheld by professional report--Discharge of subject.
Section 27B-7-39.1 - Rights of person during hearing--Waiver of rights--Exclusion of persons.
Section 27B-7-39.2 - Attendance of court reporter--Record of proceedings.
Section 27B-7-39.3 - Request for transcript or copy--Costs.
Section 27B-7-40 - Department to notify board of death of resident.
Section 27B-7-41 - Counsel to represent subject--Procedural rights.
Section 27B-7-42 - Payment of counsel.
Section 27B-7-43 - Liability for costs.
Section 27B-7-47 - Right to habeas corpus.
Section 27B-7-48 - Involuntary commitment--Rules.
Section 27B-7-49 - Crime of assisting in escape of involuntarily committed person--Penalties.
Section 27B-7-51 - Notification of discharge--Transportation.
Section 27B-7-51.1 - Discharge--Notification of discharge--Voluntary admission.