South Dakota Codified Laws
Title 27A - Mentally Ill Persons

Section 27A-1-4 - Unlawful confinement of mentally ill as felony or misdemeanor. - 27A-1-4. Unlawful confinement of mentally ill as felony or misdemeanor....

Section 27A-1-7 - Training required by department. - 27A-1-7. Training required by department. To complete examinations as part...

Section 27A-1-9 - Promulgation of rules for training qualified mental health professionals. - 27A-1-9. Promulgation of rules for training qualified mental health professionals....

Section 27A-1-10 - Mental health setting. - 27A-1-10. Mental health setting. A mental health setting is one...

Section 27A-1-12 - Definitions. - 27A-1-12. Definitions. Terms in §§27A-1-12 to 27A-1-17, inclusive, mean: (1)"Bordering...

Section 27A-1-13 - Contract with bordering state for treatment of mental illness or substance use disorder in state facility. - 27A-1-13. Contract with bordering state for treatment of mental illness...

Section 27A-1-14 - Treatment contracts not allowed for certain persons convicted of criminal offense. - 27A-1-14. Treatment contracts not allowed for certain persons convicted of...

Section 27A-1-15 - Content of contract for treatment. - 27A-1-15. Content of contract for treatment. Any contract entered into...

Section 27A-1-16 - Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state. - 27A-1-16. Negotiations to develop treatment contract--Temporary placement of person on...

Section 27A-1-17 - Placement or transfer of person from bordering state to Human Services Center prohibited. - 27A-1-17. Placement or transfer of person from bordering state to...

Section 27A-1-18 - Designation of caregiver to receive information regarding resident of treatment facilities. - 27A-1-18. Designation of caregiver to receive information regarding resident of...

Section 27A-1-19 - Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted. - 27A-1-19. Notice to caregiver of resident's discharge or transfer--Exercise of...

Chapter 03 - State Mental Health Programs

Section 27A-3-1 - General functions of department. - 27A-3-1. General functions of department. The Department of Social Services...

Section 27A-3-6 - Acquisition and use of property by department--Legislative approval required for acquisition or transfer of real property. - 27A-3-6. Acquisition and use of property by department--Legislative approval required...

Section 27A-3-8 - Residential facilities for emotionally disturbed children. - 27A-3-8. Residential facilities for emotionally disturbed children. The Department of...

Chapter 04 - South Dakota Human Services Center

Section 27A-4-1 - Hospital established--Location. - 27A-4-1. Hospital established--Location. The state hospital for the mentally ill,...

Section 27A-4-3 - Appointment of administrator. - 27A-4-3. Appointment of administrator. The secretary of social services shall...

Section 27A-4-6 - Acceptance and use of property for center--Diversion to other purposes prohibited--Restrictions on power to contract and convey real estate. - 27A-4-6. Acceptance and use of property for center--Diversion to other...

Section 27A-4-8 - Establishment of psychiatric units at center--Special units. - 27A-4-8. Establishment of psychiatric units at center--Special units. The Department...

Section 27A-4-9 - Juvenile unit authorized at Human Services Center--Purpose--Determination by administrator required before admission. - 27A-4-9. Juvenile unit authorized at Human Services Center--Purpose--Determination by administrator...

Section 27A-4-11 - Receipt of patient from State Veterans' Home--Expenses paid by state. - 27A-4-11. Receipt of patient from State Veterans' Home--Expenses paid by...

Section 27A-4-12 - Contract for care of person in United States custody. - 27A-4-12. Contract for care of person in United States custody....

Section 27A-4-14 - Transfer of patients to other facilities, programs, or agencies. - 27A-4-14. Transfer of patients to other facilities, programs, or agencies....

Section 27A-4-15 - Transportation of nonresident patient to home state--Payment of expense. - 27A-4-15. Transportation of nonresident patient to home state--Payment of expense....

Section 27A-4-16 - Search for patient on unauthorized leave--Notice--Return of patient to center. - 27A-4-16. Search for patient on unauthorized leave--Notice--Return of patient to...

Section 27A-4-17 - Disposition of funds left by deceased patients--Credit to special fund--Notice of unclaimed funds. - 27A-4-17. Disposition of funds left by deceased patients--Credit to special...

Section 27A-4-17.1 - Use of unclaimed funds--Satisfaction of indebtedness. - 27A-4-17.1. Use of unclaimed funds--Satisfaction of indebtedness. If a patient...

Section 27A-4-17.2 - Disbursement of unclaimed funds after satisfaction of indebtedness. - 27A-4-17.2. Disbursement of unclaimed funds after satisfaction of indebtedness. If...

Section 27A-4-17.3 - Disposition of personal property left by deceased or discharged patients. - 27A-4-17.3. Disposition of personal property left by deceased or discharged...

Section 27A-4-17.4 - Disposition of funds left by discharged patient. - 27A-4-17.4. Disposition of funds left by discharged patient. If a...

Section 27A-4-20 - Capacity limits for treatment areas. - 27A-4-20. Capacity limits for treatment areas. The secretary shall, in...

Section 27A-4-21 - Crime of assisting in escape of involuntarily committed person--Penalties. - 27A-4-21. Crime of assisting in escape of involuntarily committed person--Penalties....

Section 27A-4-22 - Criminal background investigation of new employees--Temporary employment--Fees. - 27A-4-22. Criminal background investigation of new employees--Temporary employment--Fees. Each person...

Chapter 05 - Local Mental Health Centers And Community Support Providers

Section 27A-5-1 - Determination of standards for locally operated centers. - 27A-5-1. Determination of standards for locally operated centers. The Department...

Section 27A-5-7 - Department of Social Services to designate county service centers. - 27A-5-7. Department of Social Services to designate county service centers....

Section 27A-5-9 - County and municipal contributions to mental health centers, clinics, and community support providers. - 27A-5-9. County and municipal contributions to mental health centers, clinics,...

Section 27A-5-10 - No charge against counties contributing to support of center--Reduced rate. - 27A-5-10. No charge against counties contributing to support of center--Reduced...

Section 27A-5-15 - Discharge procedures. - 27A-5-15. Discharge procedures. The procedures for discharge from commitment provided...

Section 27A-5-16 - Charges for inpatient treatment. - 27A-5-16. Charges for inpatient treatment. When inpatient services are provided...

Section 27A-5-17 - Charges for detention or temporary housing services to individuals awaiting hearing assessed to county of residence. - 27A-5-17. Charges for detention or temporary housing services to individuals...

Section 27A-5-18 - Charges for other services by local centers--Schedule of fees. - 27A-5-18. Charges for other services by local centers--Schedule of fees....

Chapter 06 - Interstate Cooperation In Mental Health Services

Section 27A-6-1 - Compact continued--Text of compact. - 27A-6-1. Compact continued--Text of compact. The Interstate Compact on Mental...

Section 27A-6-2 - Compact administrator--Cooperation with other public agencies in state. - 27A-6-2. Compact administrator--Cooperation with other public agencies in state. The...

Section 27A-6-3 - Supplementary agreements authorized--Concurrence required when service required from state agencies. - 27A-6-3. Supplementary agreements authorized--Concurrence required when service required from state...

Section 27A-6-4 - Arrangement for discharge of financial obligations under compact and supplementary agreements. - 27A-6-4. Arrangement for discharge of financial obligations under compact and...

Section 27A-6-5 - Consultation with family and county board before transfer of patient to another state. - 27A-6-5. Consultation with family and county board before transfer of...

Chapter 07 - County Boards Of Mental Illness

Section 27A-7-1 - County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates. - 27A-7-1. County board of mental illness--Composition and appointment of board--Qualifications...

Section 27A-7-2 - Oaths of office of board members. - 27A-7-2. Oaths of office of board members. Before entering upon...

Section 27A-7-3 - Temporary replacement of board members or alternates--Record of replacement. - 27A-7-3. Temporary replacement of board members or alternates--Record of replacement....

Section 27A-7-3.1 - Conflict of interest--Procedure for removal of board member. - 27A-7-3.1. Conflict of interest--Procedure for removal of board member. If...

Section 27A-7-4 - Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons. - 27A-7-4. Board jurisdiction over commitment, treatment, and safekeeping of involuntarily...

Section 27A-7-8 - Compensation, mileage, and expenses of board members. - 27A-7-8. Compensation, mileage, and expenses of board members. The members...

Section 27A-7-9 - Training of board members. - 27A-7-9. Training of board members. Each member of a board...

Section 27A-7-10 - Board members immune from civil liability when acting in good faith--Exception. - 27A-7-10. Board members immune from civil liability when acting in...

Section 27A-7-11 - Qualified mental health professionals immune from civil liability when acting in good faith. - 27A-7-11. Qualified mental health professionals immune from civil liability when...

Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness

Section 27A-8-1 - .Requirements for admission of voluntary patients. - 27A-8-1. Requirements for admission of voluntary patients. The facility director...

Section 27A-8-10 - .Immediate discharge of adult voluntary patient after notice of intent to terminate. - 27A-8-10. Immediate discharge of adult voluntary patient after notice of...

Section 27A-8-10.1 - .Emergency detention of voluntary inpatient after notice of intention to terminate. - 27A-8-10.1. Emergency detention of voluntary inpatient after notice of intention...

Section 27A-8-11.2 - .Commitment of voluntary patient who has not applied for release--Reasons. - 27A-8-11.2. Commitment of voluntary patient who has not applied for...

Section 27A-8-14 - .Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards. - 27A-8-14. Notice to voluntary patients of release procedure--Acknowledgment of notice--Display...

Section 27A-8-15 - .Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form. - 27A-8-15. Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application...

Section 27A-8-16 - .Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission. - 27A-8-16. Person requesting voluntary status to be admitted only as...

Section 27A-8-17 - .Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent. - 27A-8-17. Assessment of need for continued admission--Informed consent required for...

Section 27A-8-18.1 - .Substituted informed consent. - 27A-8-18.1. Substituted informed consent. If a person eighteen years of...

Section 27A-8-19 - .Substituted informed consent by next of kin--Court hearing. - 27A-8-19. Substituted informed consent by next of kin--Court hearing. The...

Chapter 10 - Emergency Commitment

Section 27A-10-1 - Petition asserting need for immediate intervention of mentally ill person--Contents. - 27A-10-1. Petition asserting need for immediate intervention of mentally ill...

Section 27A-10-1.1 - Center as appropriate regional facility in certain circumstances. - 27A-10-1.1. Center as appropriate regional facility in certain circumstances. If...

Section 27A-10-1.2 - Appropriate regional facility--Application for Designation by Department of Social Services--Requirements. - 27A-10-1.2 . Appropriate regional facility--Application for Designation by Department of...

Section 27A-10-2 - Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses. - 27A-10-2. Order for apprehension of subject--Transportation to appropriate facility--Payment of...

Section 27A-10-3 - Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility. - 27A-10-3. Apprehension by peace officer of person believed to require...

Section 27A-10-4 - Petition on person apprehended. - 27A-10-4. Petition on person apprehended. After a law enforcement officer...

Section 27A-10-5 - Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended. - 27A-10-5. Notification of rights upon custody, detention, or filing of...

Section 27A-10-6 - Examination of person detained--Report to chair--Expenses of examination. - 27A-10-6. Examination of person detained--Report to chair--Expenses of examination. Within...

Section 27A-10-7 - Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met. - 27A-10-7. Results of examination--Person released upon failure of examination to...

Section 27A-10-7.1 - Chairman to make final determination where person voluntarily admits himself. - 27A-10-7.1. Chairman to make final determination where person voluntarily admits...

Section 27A-10-7.2 - Refusal of prehearing admission. - 27A-10-7.2. Refusal of prehearing admission. The center may refuse prehearing...

Section 27A-10-8 - Time limit for involuntary commitment hearing--Payment of expenses. - 27A-10-8. Time limit for involuntary commitment hearing--Payment of expenses. Within...

Section 27A-10-9 - Testimony of qualified mental health professional--Availability and appropriateness of alternatives. - 27A-10-9. Testimony of qualified mental health professional--Availability and appropriateness of...

Section 27A-10-9.1 - Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal. - 27A-10-9.1. Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice...

Section 27A-10-9.2 - Medical treatment for mental illness or treatment of co-occurring substance use disorder. - 27A-10-9.2. Medical treatment for mental illness or treatment of co-occurring...

Section 27A-10-9.3 - Least restrictive treatment alternative. - 27A-10-9.3. Least restrictive treatment alternative. Any such treatment or commitment...

Section 27A-10-9.4 - Failure to comply with requirements of outpatient commitment or treatment order. - 27A-10-9.4. Failure to comply with requirements of outpatient commitment or...

Section 27A-10-9.5 - Transportation by law enforcement--Limit upon detention and nonconsensual medication. - 27A-10-9.5. Transportation by law enforcement--Limit upon detention and nonconsensual medication....

Section 27A-10-9.6 - Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition. - 27A-10-9.6. Failure to comply with outpatient commitment or treatment order--Supplemental...

Section 27A-10-9.7 - Detention by law enforcement officer for emergency intervention--Immunity from civil liability. - 27A-10-9.7. Detention by law enforcement officer for emergency intervention--Immunity from...

Section 27A-10-14 - Review hearing after involuntary commitment order--Notice--Rights and procedures. - 27A-10-14. Review hearing after involuntary commitment order--Notice--Rights and procedures. Within...

Section 27A-10-15 - Additional review hearings. - 27A-10-15. Additional review hearings. Notwithstanding the provisions of §§27A-10-9.1 and...

Section 27A-10-16 - Emergency apprehension--Evaluation by designated mental health professional. - 27A-10-16. Emergency apprehension--Evaluation by designated mental health professional. Upon being...

Section 27A-10-17 - Prehearing admission and commitment denied if medical condition exceeds center's capacity. - 27A-10-17. Prehearing admission and commitment denied if medical condition exceeds...

Section 27A-10-18 - Refusal of admission and commitment when medical condition exceeds center's capacity. - 27A-10-18. Refusal of admission and commitment when medical condition exceeds...

Section 27A-10-19 - Twenty-four hour hold of severely mentally ill person permitted--Notice to county board. - 27A-10-19. Twenty-four hour hold of severely mentally ill person permitted--Notice...

Section 27A-10-20 - Definition of terms related to crisis referral and placement. - 27A-10-20. Definition of terms related to crisis referral and placement....

Section 27A-10-21 - Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement. - 27A-10-21. Referral to mobile crisis team or crisis intervention team...

Section 27A-10-22 - Discretion of law enforcement officer to arrest--Priority given to placement. - 27A-10-22. Discretion of law enforcement officer to arrest--Priority given to...

Section 27A-10-23 - Immunity from liability--Mobile crisis referral--Exception. - 27A-10-23. Immunity from liability--Mobile crisis referral--Exception. Any law enforcement officer...

Section 27A-10-24 - Report to attorney general of certain names for reporting to National Instant Criminal Background Check System. - 27A-10-24. Report to attorney general of certain names for reporting...

Chapter 11A - Hearings Procedure

Section 27A-11A-1 - Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail. - 27A-11A-1. Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail....

Section 27A-11A-1.1 - Petitions, applications, and documents made under oath or affirmation. - 27A-11A-1.1. Petitions, applications, and documents made under oath or affirmation....

Section 27A-11A-1.2 - Qualification of electronic document as signed document. - 27A-11A-1.2. Qualification of electronic document as signed document. If a...

Section 27A-11A-1.3 - Assurance of authenticity of electronic signature. - 27A-11A-1.3. Assurance of authenticity of electronic signature. Notwithstanding §27A-11A-1.2, the...

Section 27A-11A-1.4 - Electronically transmitted facsimile. - 27A-11A-1.4. Electronically transmitted facsimile. An electronically transmitted facsimile of a...

Section 27A-11A-1.5 - Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered--Exceptions. - 27A-11A-1.5. Statutes, rules, standards, and practices for accepting documents for...

Section 27A-11A-2 - Stenographic record of proceedings--Certified transcript or tape requested by patient--Expense. - 27A-11A-2. Stenographic record of proceedings--Certified transcript or tape requested by...

Section 27A-11A-3 - Filing of board papers with clerk of courts--Confidentiality and access. - 27A-11A-3. Filing of board papers with clerk of courts--Confidentiality and...

Section 27A-11A-4 - State's attorney to represent petitioners--Reasonable costs. - 27A-11A-4. State's attorney to represent petitioners--Reasonable costs. In any proceeding...

Section 27A-11A-5 - Personal service of petition and notice of hearing--Contents of notice. - 27A-11A-5. Personal service of petition and notice of hearing--Contents of...

Section 27A-11A-6 - Sheriff's and witnesses' fees. - 27A-11A-6. Sheriff's and witnesses' fees. The sheriff shall be allowed...

Section 27A-11A-7 - Assignment of counsel to represent alleged mentally ill person--Time allowed. - 27A-11A-7. Assignment of counsel to represent alleged mentally ill person--Time...

Section 27A-11A-8 - Interrogatories to be answered with health professional's certificate or examination. - 27A-11A-8. Interrogatories to be answered with health professional's certificate or...

Section 27A-11A-9 - Expenses of evaluation--Additional examination. - 27A-11A-9. Expenses of evaluation--Additional examination. The referring county shall pay...

Section 27A-11A-10 - Precautions against drugs hampering defense--Record of treatments administered. - 27A-11A-10. Precautions against drugs hampering defense--Record of treatments administered. If...

Section 27A-11A-11 - Personal appearance at hearing--Presentation of evidence--Choosing not to appear. - 27A-11A-11. Personal appearance at hearing--Presentation of evidence--Choosing not to appear....

Section 27A-11A-12 - Compensation for appointed counsel. - 27A-11A-12. Compensation for appointed counsel. Counsel appointed by the board...

Section 27A-11A-13 - Determining residency. - 27A-11A-13. Determining residency. If the board of mental illness finds...

Section 27A-11A-14 - Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses. - 27A-11A-14. Request by county to reopen hearing on question of...

Section 27A-11A-15 - Attorney general notified of findings as to nonresidency in state. - 27A-11A-15. Attorney general notified of findings as to nonresidency in...

Section 27A-11A-16 - Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses. - 27A-11A-16. Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment...

Section 27A-11A-17 - County of residence to refund attorney general's expenses. - 27A-11A-17. County of residence to refund attorney general's expenses. Expenses...

Section 27A-11A-18 - Distribution of copies of board findings and documents. - 27A-11A-18. Distribution of copies of board findings and documents. If...

Section 27A-11A-19 - Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses. - 27A-11A-19. Hearing required prior to transfer of involuntarily committed patient--Petition--Payment...

Section 27A-11A-20 - Appointment of escort to convey patient to center--Same sex--Expenses--Relative as escort. - 27A-11A-20. Appointment of escort to convey patient to center--Same sex--Expenses--Relative...

Section 27A-11A-21 - Noncompliance with treatment order--Alternative treatment--Notice and right to counsel. - 27A-11A-21. Noncompliance with treatment order--Alternative treatment--Notice and right to counsel....

Section 27A-11A-22 - Unsuccessful treatment--Hearing--Modification of treatment. - 27A-11A-22. Unsuccessful treatment--Hearing--Modification of treatment. If at any time while...

Section 27A-11A-23 - Fund designated for expenses of commitment proceeding. - 27A-11A-23. Fund designated for expenses of commitment proceeding. The compensation,...

Section 27A-11A-24 - Rules of evidence. - 27A-11A-24. Rules of evidence. The rules of evidence shall be...

Section 27A-11A-25 - Appeal of final order--Costs for indigent person. - 27A-11A-25. Appeal of final order--Costs for indigent person. A person...

Section 27A-11A-26 - Appointed attorney not guardian ad litem. - 27A-11A-26. Appointed attorney not guardian ad litem. An attorney appointed...

Section 27A-11A-27 - Guardianship of estate unaffected by board proceedings. - 27A-11A-27. Guardianship of estate unaffected by board proceedings. The findings,...

Section 27A-11A-28 - Location and conduct of hearings and reviews. - 27A-11A-28. Location and conduct of hearings and reviews. Hearings and...

Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness

Section 27A-12-1 - Individual privacy and dignity to be respected. - 27A-12-1. Individual privacy and dignity to be respected. Each person...

Section 27A-12-1.1 - "Person" defined. - 27A-12-1.1."Person" defined. For the purpose of this chapter, the term...

Section 27A-12-1.2 - Commitment not conclusive on competence. - 27A-12-1.2. Commitment not conclusive on competence. Notwithstanding any other provision...

Section 27A-12-3 - Notice of rights furnished patient--Display. - 27A-12-3. Notice of rights furnished patient--Display. Each person admitted or...

Section 27A-12-3.1 - Rights enumerated--Limitations on rights. - 27A-12-3.1. Rights enumerated--Limitations on rights. Any person, if otherwise qualified,...

Section 27A-12-3.2 - Right to treatment through spiritual means. - 27A-12-3.2. Right to treatment through spiritual means. Nothing in this...

Section 27A-12-3.3 - Right of access to protection of receiving assistance. - 27A-12-3.3. Right of access to protection of receiving assistance. Notwithstanding...

Section 27A-12-3.4 - Labor for benefit of facility. - 27A-12-3.4. Labor for benefit of facility. A person may perform...

Section 27A-12-3.5 - Discharge not conditioned on labor--Compensation exempt from facility charges. - 27A-12-3.5. Discharge not conditioned on labor--Compensation exempt from facility charges....

Section 27A-12-3.6 - Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review. - 27A-12-3.6. Comprehensive individualized treatment plan--Right to participate in planning--Purpose of...

Section 27A-12-3.7 - Aftercare plan to facilitate discharge. - 27A-12-3.7. Aftercare plan to facilitate discharge. An aftercare plan shall...

Section 27A-12-3.8 - Examination and review of behavioral status after admission. - 27A-12-3.8. Examination and review of behavioral status after admission. Each...

Section 27A-12-3.9 - Review of need for continued treatment--Release if implementation of treatment plan untimely. - 27A-12-3.9. Review of need for continued treatment--Release if implementation of...

Section 27A-12-3.10 - Application for transfer from involuntary to voluntary status. - 27A-12-3.10. Application for transfer from involuntary to voluntary status. Each...

Section 27A-12-3.11 - Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization. - 27A-12-3.11. Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization....

Section 27A-12-3.12 - Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions. - 27A-12-3.12. Right to refuse being subjected to research or experimental...

Section 27A-12-3.13 - Petition for authority to administer psychotropic medication or other medical treatment--Examination and physician opinion of incapacity to consent required. - 27A-12-3.13. Petition for authority to administer psychotropic medication or other...

Section 27A-12-3.14 - Service of petition and notice of hearing--Content--Appointment of counsel--Hearing. - 27A-12-3.14. Service of petition and notice of hearing--Content--Appointment of counsel--Hearing....

Section 27A-12-3.15 - Order for psychotropic medication or other treatment when person incapable of consent. - 27A-12-3.15. Order for psychotropic medication or other treatment when person...

Section 27A-12-3.16 - Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment. - 27A-12-3.16. Time limit for administration of psychotropic medication or other...

Section 27A-12-3.17 - Compensation of appointed attorney by county of residence. - 27A-12-3.17. Compensation of appointed attorney by county of residence. The...

Section 27A-12-3.18 - Access to attorney and private physician. - 27A-12-3.18. Access to attorney and private physician. Notwithstanding §27A-12-3.1, a...

Section 27A-12-3.19 - Personal appearance at hearing not compulsory--Presenting evidence. - 27A-12-3.19. Personal appearance at hearing not compulsory--Presenting evidence. The person...

Section 27A-12-3.21 - Experimental research and hazardous procedure to be approved by secretary of social services. - 27A-12-3.21. Experimental research and hazardous procedure to be approved by...

Section 27A-12-3.22 - Psychosurgery, aversive stimuli, and substantial deprivations prohibited. - 27A-12-3.22. Psychosurgery, aversive stimuli, and substantial deprivations prohibited. No person...

Section 27A-12-6.1 - Restrictive treatment procedures--Documentation--Prior approval-- Limitation. - 27A-12-6.1. Restrictive treatment procedures--Documentation--Prior approval--Limitation. Restrictive treatment procedures which impose...

Section 27A-12-6.2 - Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner. - 27A-12-6.2. Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner. The use of...

Section 27A-12-25 - Individual records required--Contents--Confidentiality. - 27A-12-25. Individual records required--Contents--Confidentiality. A complete statistical and medical record...

Section 27A-12-25.1 - Information closed to public inspection--Sealed upon termination of proceedings. - 27A-12-25.1. Information closed to public inspection--Sealed upon termination of proceedings....

Section 27A-12-26 - Confidentiality of information acquired in course of providing mental health services. - 27A-12-26. Confidentiality of information acquired in course of providing mental...

Section 27A-12-26.1 - Access to own records--Exceptions--Confidentiality following discharge. - 27A-12-26.1. Access to own records--Exceptions--Confidentiality following discharge. A person has...

Section 27A-12-27 - Obligation to disclose confidential information. - 27A-12-27. Obligation to disclose confidential information. If requested, information shall...

Section 27A-12-27.1 - Request for notice and notice of pending discharge. - 27A-12-27.1. Request for notice and notice of pending discharge. If...

Section 27A-12-27.2 - Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody. - 27A-12-27.2. Detention of person subject to petition for involuntary commitment...

Section 27A-12-27.3 - Immunity from liability for good faith detention. - 27A-12-27.3. Immunity from liability for good faith detention. The detention...

Section 27A-12-29 - Discretionary disclosure of confidential information. - 27A-12-29. Discretionary disclosure of confidential information. Information may be disclosed...

Section 27A-12-30 - Released information approved by administrator--Record of release. - 27A-12-30. Released information approved by administrator--Record of release. Any release...

Section 27A-12-31 - Identity of patient protected in disclosing information--Disclosure limited by germaneness. - 27A-12-31. Identity of patient protected in disclosing information--Disclosure limited by...

Section 27A-12-32 - Disclosure by recipient of confidential information. - 27A-12-32. Disclosure by recipient of confidential information. Any person receiving...

Section 27A-12-32.1 - Asserting grievances. - 27A-12-32.1. Asserting grievances. A person may assert grievances with respect...

Section 27A-12-32.2 - Habeas corpus available for committed, confined, detained, or restrained person. - 27A-12-32.2. Habeas corpus available for committed, confined, detained, or restrained...

Section 27A-12-33 - Provisions of title do not replace or limit other rights. - 27A-12-33. Provisions of title do not replace or limit other...

Section 27A-12-33.1 - Exercise of rights. - 27A-12-33.1. Exercise of rights. The exercise of rights afforded in...

Section 27A-12-34 - Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center. - 27A-12-34. Notification to guardian or next of kin as to...

Chapter 13 - Costs Of Care And Treatment In State Facilities

Section 27A-13-2 - Definition of terms. - 27A-13-2. Definition of terms. Terms used in this chapter mean:...

Section 27A-13-3 - Department responsible for collection and processing of fees. - 27A-13-3. Department responsible for collection and processing of fees. The...

Section 27A-13-3.1 - Human Services Center to maintain billing statement for each patient--Determination of ability to pay--Costs assessed patient or state. - 27A-13-3.1. Human Services Center to maintain billing statement for each...

Section 27A-13-3.2 - Secretary to promulgate rules to determine fees and ability to pay. - 27A-13-3.2. Secretary to promulgate rules to determine fees and ability...

Section 27A-13-4 - Liability of resident and legally responsible person for cost of care--Federal charges. - 27A-13-4. Liability of resident and legally responsible person for cost...

Section 27A-13-5 - Tender of charges required on voluntary hospitalization--County or governmental pledge of payment--Monthly payment in advance--Indigent person. - 27A-13-5. Tender of charges required on voluntary hospitalization--County or governmental...

Section 27A-13-6 - County payments for indigent voluntary patients entitled to poor relief--Residency not admitted by payment. - 27A-13-6. County payments for indigent voluntary patients entitled to poor...

Section 27A-13-7 - Periodic approval and monthly assessment of charges--Method of computation. - 27A-13-7. Periodic approval and monthly assessment of charges--Method of computation....

Section 27A-13-8 - Full per diem cost paid by person financially able to pay. - 27A-13-8. Full per diem cost paid by person financially able...

Section 27A-13-9 - Application to pay less than applicable charge--Investigation and consideration by secretary. - 27A-13-9. Application to pay less than applicable charge--Investigation and consideration...

Section 27A-13-10 - Determination by secretary of amount to be charged--Appeal and hearing. - 27A-13-10. Determination by secretary of amount to be charged--Appeal and...

Section 27A-13-11 - Review and change of amounts to be charged. - 27A-13-11. Review and change of amounts to be charged. The...

Section 27A-13-12 - Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments. - 27A-13-12. Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments....

Section 27A-13-13 - Civil suit for collection of payments--Lien on property--Claim against decedent's estate. - 27A-13-13. Civil suit for collection of payments--Lien on property--Claim against...

Section 27A-13-14 - Collection of delinquent accounts--Credit to general fund. - 27A-13-14. Collection of delinquent accounts--Credit to general fund. If any...

Section 27A-13-15 - County appropriation for support of mentally ill. - 27A-13-15. County appropriation for support of mentally ill. The board...

Section 27A-13-16 - Admission fee to be paid by county of residence--Amount. - 27A-13-16. Admission fee to be paid by county of residence--Amount....

Section 27A-13-17 - Procedure for determining county of residency. - 27A-13-17. Procedure for determining county of residency. Sections 27A-13-18 to...

Section 27A-13-18 - County claim that patient is improperly charged to county--Investigation and determination by attorney general--Notice to state and county officers. - 27A-13-18. County claim that patient is improperly charged to county--Investigation...

Section 27A-13-18.1 - Appeal of residence determination to circuit court by county--Notice to attorney general--Trial de novo. - 27A-13-18.1. Appeal of residence determination to circuit court by county--Notice...

Section 27A-13-18.2 - Appeal of residence determination to circuit court by attorney general--Service and filing of notice--Trial de novo. - 27A-13-18.2. Appeal of residence determination to circuit court by attorney...

Section 27A-13-19 - Charges to state for patient determined to be nonresident. - 27A-13-19. Charges to state for patient determined to be nonresident....

Section 27A-13-19.1 - Voluntary admission of non-resident--Waiver of fee. - 27A-13-19.1. Voluntary admission of non-resident--Waiver of fee. If a person...

Section 27A-13-20 - Appeal to circuit court from attorney general's determination as to residence of patient. - 27A-13-20. Appeal to circuit court from attorney general's determination as...

Section 27A-13-21 - Administrator to charge expenses to county of residence despite commitment from another county. - 27A-13-21. Administrator to charge expenses to county of residence despite...

Section 27A-13-22 - Expenses paid by county reimbursed by county of residence. - 27A-13-22. Expenses paid by county reimbursed by county of residence....

Section 27A-13-22.1 - Refund with interest by county of residence of expenses incurred by attorney general. - 27A-13-22.1. Refund with interest by county of residence of expenses...

Section 27A-13-25 - Administrator's report to county of patients discharged--Notice to county auditor. - 27A-13-25. Administrator's report to county of patients discharged--Notice to county...

Section 27A-13-26 - Monthly certification of charges to counties--Payment--Deposit. - 27A-13-26. Monthly certification of charges to counties--Payment--Deposit. All charges to...

Section 27A-13-27 - Uniform system of accounts continued. - 27A-13-27. Uniform system of accounts continued. The uniform system of...

Section 27A-13-28 - Accounts maintained in accordance with system--Records maintained by county auditor. - 27A-13-28. Accounts maintained in accordance with system--Records maintained by county...

Section 27A-13-31 - Action by county for reimbursement--Lien on property. - 27A-13-31. Action by county for reimbursement--Lien on property. Payment by...

Section 27A-13-32 - Notice by county auditor and collection of charges from persons responsible--Notice of appeal procedure. - 27A-13-32. Notice by county auditor and collection of charges from...

Section 27A-13-33 - Accrual of state or county claim--Commencement during life of patient--Past claims. - 27A-13-33. Accrual of state or county claim--Commencement during life of...

Section 27A-13-34 - Disposition of amounts collected from patient or responsible person. - 27A-13-34. Disposition of amounts collected from patient or responsible person....

Chapter 14 - Discharge Of Patients

Section 27A-14-1 - Discretionary discharge of voluntary patient. - 27A-14-1. Discretionary discharge of voluntary patient. The administrator or facility...

Section 27A-14-1.1 - Notification to guardian that inpatient treatment no longer required. - 27A-14-1.1. Notification to guardian that inpatient treatment no longer required....

Section 27A-14-1.2 - Release by Human Services Center administrator prior to hearing--Transportation. - 27A-14-1.2. Release by Human Services Center administrator prior to hearing--Transportation....

Section 27A-14-1.3 - Release by facility director--Notification to board chairman. - 27A-14-1.3. Release by facility director--Notification to board chairman. If, prior...

Section 27A-14-1.4 - Leave status--Limit--Reviews and hearings. - 27A-14-1.4. Leave status--Limit--Reviews and hearings. A patient, upon approval of...

Section 27A-14-2 - Discharge of involuntary patient on changed behavior. - 27A-14-2. Discharge of involuntary patient on changed behavior. A patient...

Section 27A-14-3 - Notice to county board of discharge of involuntary patient--Transportation to home. - 27A-14-3. Notice to county board of discharge of involuntary patient--Transportation...

Section 27A-14-4 - Notice to county board of provisional discharge--Maximum duration. - 27A-14-4. Notice to county board of provisional discharge--Maximum duration. If...

Section 27A-14-5 - County liability for costs on failure to remove discharged patient on notice--Report and collection of delinquencies. - 27A-14-5. County liability for costs on failure to remove discharged...

Section 27A-14-14 - Public assistance to discharged or released patient. - 27A-14-14. Public assistance to discharged or released patient. The secretary...

Chapter 15 - Treatment Of Minors

Section 27A-15-1 - Definition of terms. - 27A-15-1. Definition of terms. Terms used in this chapter mean:...

Section 27A-15-1.1 - Serious emotional disturbance defined. - 27A-15-1.1. Serious emotional disturbance defined. For the purposes of this...

Section 27A-15-3 - Separation of minors from adult patients--Exception. - 27A-15-3. Separation of minors from adult patients--Exception. Except as otherwise...

Section 27A-15-4 - Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional. - 27A-15-4. Application for admission of minor--Emergency admission--Secretary and court not...

Section 27A-15-5 - Criteria for admission of minor. - 27A-15-5. Criteria for admission of minor. Subject to the provisions...

Section 27A-15-8 - Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation. - 27A-15-8. Execution of written application--Explanation of nature of inpatient status--Reference...

Section 27A-15-9 - Informed consent--Oral and written--Copy to parent and minor. - 27A-15-9. Informed consent--Oral and written--Copy to parent and minor. An...

Section 27A-15-10 - Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent. - 27A-15-10. Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery...

Section 27A-15-12 - Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention. - 27A-15-12. Discharge of minor upon written notice of parent's intent...

Section 27A-15-13 - Denial of admission--Referral to other programs or services. - 27A-15-13. Denial of admission--Referral to other programs or services. If...

Section 27A-15-15.1 - Objection to continued inpatient treatment--Form and execution. - 27A-15-15.1. Objection to continued inpatient treatment--Form and execution. A minor...

Section 27A-15-15.2 - Filing written objection--Notice of right to counsel--Hearing--Possible discharge. - 27A-15-15.2. Filing written objection--Notice of right to counsel--Hearing--Possible discharge. If...

Section 27A-15-15.3 - Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest. - 27A-15-15.3. Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of...

Section 27A-15-15.4 - Time limit for hearing--Location--Expenses. - 27A-15-15.4. Time limit for hearing--Location--Expenses. Within five days after the...

Section 27A-15-15.5 - Finding of hearing as to minor's residence--Parent's residence--Reopening hearing. - 27A-15-15.5. Finding of hearing as to minor's residence--Parent's residence--Reopening hearing....

Section 27A-15-15.6 - Testimony of mental health professional--Alternatives to inpatient treatment. - 27A-15-15.6. Testimony of mental health professional--Alternatives to inpatient treatment. The...

Section 27A-15-17.1 - Independent evaluation within twenty-four hours of objection. - 27A-15-17.1. Independent evaluation within twenty-four hours of objection. The chairman...

Section 27A-15-18 - Discharge prior to hearing ordered by chairman of county board. - 27A-15-18. Discharge prior to hearing ordered by chairman of county...

Section 27A-15-19 - Hearing following objection--Time limit. - 27A-15-19. Hearing following objection--Time limit. Within five days after service...

Section 27A-15-20 - Overrule of minor's objection--Continued treatment or immediate discharge. - 27A-15-20. Overrule of minor's objection--Continued treatment or immediate discharge. Upon...

Section 27A-15-21 - Written comprehensive individualized treatment plan--Basis for plan. - 27A-15-21. Written comprehensive individualized treatment plan--Basis for plan. Within ten...

Section 27A-15-22 - Review of treatment plan. - 27A-15-22. Review of treatment plan. The minor's treatment plan shall...

Section 27A-15-23 - Educational programming. - 27A-15-23. Educational programming. The administrator or facility director shall ensure...

Section 27A-15-24 - Periodic evaluation. - 27A-15-24. Periodic evaluation. Within forty-five days after the admission of...

Section 27A-15-25 - Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday. - 27A-15-25. Minor to be informed of rights prior to sixteenth...

Section 27A-15-26 - Discharge upon determination that criteria no longer being met. - 27A-15-26. Discharge upon determination that criteria no longer being met....

Section 27A-15-27 - Predischarge plan of aftercare. - 27A-15-27. Predischarge plan of aftercare. A predischarge plan of aftercare...

Section 27A-15-28 - Involuntary commitment. - 27A-15-28. Involuntary commitment. A minor may be subject to involuntary...

Section 27A-15-29 - Criteria governing involuntary commitment. - 27A-15-29. Criteria governing involuntary commitment. A minor is subject to...

Section 27A-15-30 - Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents. - 27A-15-30. Petition for immediate intervention for protection of minor with...

Section 27A-15-31 - Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients. - 27A-15-31. Apprehension and transportation of minor for involuntary commitment--Separation from...

Section 27A-15-32 - Apprehension by police officer for emergency intervention--Jail not used for custody of minor. - 27A-15-32. Apprehension by police officer for emergency intervention--Jail not used...

Section 27A-15-33 - Immediate notification of rights. - 27A-15-33. Immediate notification of rights. Immediately after the minor is...

Section 27A-15-34 - Release if criteria not met--Transportation--Detention if criteria met. - 27A-15-34. Release if criteria not met--Transportation--Detention if criteria met. If...

Section 27A-15-35 - Appointment of counsel--Conflict of interest. - 27A-15-35. Appointment of counsel--Conflict of interest. If upon completion of...

Section 27A-15-36 - Procedure if hearing to be held--Alternative treatment. - 27A-15-36. Procedure if hearing to be held--Alternative treatment. If upon...

Section 27A-15-37 - Completion of hearing--Board's determination--Commitment or release. - 27A-15-37. Completion of hearing--Board's determination--Commitment or release. Upon completion of...

Section 27A-15-38 - Time limit to implement individualized treatment plan--Purpose of plan. - 27A-15-38. Time limit to implement individualized treatment plan--Purpose of plan....

Section 27A-15-39 - Educational programming for involuntarily committed minor. - 27A-15-39. Educational programming for involuntarily committed minor. The administrator, facility...

Section 27A-15-40 - Periodic review following involuntary commitment--Assessment--Right to refuse treatment. - 27A-15-40. Periodic review following involuntary commitment--Assessment--Right to refuse treatment. Within...

Section 27A-15-41 - Review hearing--Notice--Rights and procedures. - 27A-15-41. Review hearing--Notice--Rights and procedures. Within forty-five days after the...

Section 27A-15-42 - Additional review hearings--Rights, procedures, and findings. - 27A-15-42. Additional review hearings--Rights, procedures, and findings. Notwithstanding the provisions...

Section 27A-15-43 - Review of treatment plan. - 27A-15-43. Review of treatment plan. The minor's treatment plan shall...

Section 27A-15-44 - Predischarge plan of aftercare for involuntarily committed minor. - 27A-15-44. Predischarge plan of aftercare for involuntarily committed minor. A...

Section 27A-15-45 - Experimental treatments prohibited--Petition for authorization under certain circumstances. - 27A-15-45. Experimental treatments prohibited--Petition for authorization under certain circumstances. Except...

Section 27A-15-46 - Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen. - 27A-15-46. Oral and written informed consent of parent or guardian...

Section 27A-15-47 - Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older. - 27A-15-47. Oral and written informed consent of minor and parent...

Section 27A-15-48 - Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination. - 27A-15-48. Right to refuse psychotropic medication, convulsive or shock therapy...

Section 27A-15-49 - Petition to continue treatment with psychotropic medication. - 27A-15-49. Petition to continue treatment with psychotropic medication. If a...

Section 27A-15-50 - Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order. - 27A-15-50. Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination...

Section 27A-15-51 - Treatments continuously monitored--Periodic review--Least restrictive treatment. - 27A-15-51. Treatments continuously monitored--Periodic review--Least restrictive treatment. The administration of...

Section 27A-15-54 - Mental health centers may designate interagency teams--Role of teams--Composition. - 27A-15-54. Mental health centers may designate interagency teams--Role of teams--Composition....

Section 27A-15-59 - Immunity for local interagency team members. - 27A-15-59. Immunity for local interagency team members. Any person serving...

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South Dakota Codified Laws Title 27A - Mentally Ill Persons

South Dakota Codified Laws
Title 27A - Mentally Ill Persons