27B-7-32.2. Appearance before board--Notice--Findings of board.
Upon receipt of the request to reopen the commitment hearing, the county review board shall, as soon as practicable, afford the county determined to be the person's county of residence an opportunity to appear before the board, at a time and place set by the board and not more than thirty days from the date of the request to reopen the hearing. Notice of the reopened hearing shall be given to the county where the person was found and to the county requesting the reopening of the hearing at least ten days prior to the reopened hearing by mailing notice thereof to the respective county auditors. Either county appearing at the reopened hearing may present any evidence it may have to establish that it is not the county of residence of the person. The board shall then determine, by a preponderance of evidence, the county of residence of the person and either affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and the county of residence with copies mailed to the administrator of the center or other facility where the person is undergoing treatment.
Source: SL 2002, ch 136, §5.
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.