27B-7-38. Board may issue detention order--Person detained without professional's recommendation to be examined within given time or released--Professional examination and report--Person released if not dangerous.
The county review board may issue a detention order and direct a law enforcement officer from the referring county or the county of residence to immediately take the person to a community service provider or facility recommended by the Department of Human Services, with the approval of the provider, to be detained for purposes of an examination if the county review board finds from the petition, from other statements under oath, or from reports of physicians, psychiatrists, psychologists, or other qualified developmental disabilities professionals that there is reasonable basis to believe that the person to be committed poses an immediate danger of physical injury to self or others.
If the county review board issues a detention order based on a petition that did not include a recommendation for detention by a psychiatrist or psychologist, the person shall be examined by a psychiatrist or psychologist within forty-eight hours of the issuance of the detention order, excluding Saturdays, Sundays, and legal holidays. The results shall be reported to the county review board. If the report is not received by the county review board within forty-eight hours, excluding Saturdays, Sundays, and legal holidays, the person shall be released from placement with the community service provider. The report shall include:
(1)Whether the person may be diagnosed as having a developmental disability;
(2)Whether supports and services are available and appropriate in lieu of county review board proceedings; and
(3)Whether the person continues to pose an immediate danger of physical injury to self or others due to the developmental disability.
Upon receipt of the report by the county review board, if it is determined that the person continues to pose an immediate danger of physical injury to self or others due to the developmental disability, placement with a community service provider shall continue while the commitment process is pending. If the person does not continue to pose an immediate danger of physical injury to self or others, the person shall be released from placement with the community service provider pending further proceedings. No record of arrest may be charged against the person.
Source: SL 2000, ch 131, §70; SL 2002, ch 136, §15; SL 2013, ch 125, §10.
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.