South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons

Section 27B-1-19 - Drug screening policy for community support providers. - 27B-1-19. Drug screening policy for community support providers. Any community...

Chapter 02 - State Programs For Developmentally Disabled Persons

Section 27B-2-20 - Coordination of use of state facilities. - 27B-2-20. Coordination of use of state facilities. The Department of...

Section 27B-2-21 - General functions of department. - 27B-2-21. General functions of department. The Department of Human Services...

Section 27B-2-22 - Residence of developmentally disabled person. - 27B-2-22. Residence of developmentally disabled person. A person with a...

Section 27B-2-23 - Application by person with developmental disability for departmental services. - 27B-2-23. Application by person with developmental disability for departmental services....

Section 27B-2-24 - Refusal or termination of departmental services by person with developmental disability. - 27B-2-24. Refusal or termination of departmental services by person with...

Section 27B-2-25 - Rules for procedure and conduct of contested cases. - 27B-2-25. Rules for procedure and conduct of contested cases. The...

Section 27B-2-26 - Standards for community service providers, South Dakota Developmental Center-Redfield, and other nonpublic facilities, services, and supports--Rules. - 27B-2-26. Standards for community service providers, South Dakota Developmental Center-Redfield,...

Section 27B-2-27 - Employee orientation to policies, procedures, and resident rights. - 27B-2-27. Employee orientation to policies, procedures, and resident rights. Before...

Section 27B-2-28 - Recommendations to Legislature and Governor. - 27B-2-28. Recommendations to Legislature and Governor. The Department of Human...

Section 27B-2-29 - Hospital survey and construction law unimpaired. - 27B-2-29. Hospital survey and construction law unimpaired. This chapter may...

Chapter 03 - State Institutions For Developmentally Disabled Persons

Section 27B-3-8 - Acceptance and use of donations to institution--Records maintained. - 27B-3-8. Acceptance and use of donations to institution--Records maintained. The...

Section 27B-3-13 - Disposition of funds of deceased patient--County claim--Escheat to recreation fund. - 27B-3-13. Disposition of funds of deceased patient--County claim--Escheat to recreation...

Section 27B-3-15 - Location and name of Redfield institution--Control and supervision. - 27B-3-15. Location and name of Redfield institution--Control and supervision. The...

Section 27B-3-16 - Function and mission of South Dakota Developmental Center. - 27B-3-16. Function and mission of South Dakota Developmental Center. The...

Section 27B-3-17 - Immunizations and tests for communicable diseases required for admission to facility--Alternatives. - 27B-3-17. Immunizations and tests for communicable diseases required for admission...

Section 27B-3-18 - Tests and immunizations provided by facility. - 27B-3-18. Tests and immunizations provided by facility. The facility shall...

Section 27B-3-19 - Appointment of director--Director's role. - 27B-3-19. Appointment of director--Director's role. The secretary of the Department...

Section 27B-3-20 - Unlawful detention of person with developmental disability. - 27B-3-20. Unlawful detention of person with developmental disability. Any person...

Section 27B-3-21 - County review board may order commitment. - 27B-3-21. County review board may order commitment. Any person with...

Section 27B-3-22 - Adults eligible for voluntary admission. - 27B-3-22. Adults eligible for voluntary admission. Any person who is...

Section 27B-3-23 - Minors eligible for voluntary admission. - 27B-3-23. Minors eligible for voluntary admission. Any person who is...

Section 27B-3-24 - Eligibility for voluntary admission. - 27B-3-24. Eligibility for voluntary admission. If it is determined that...

Section 27B-3-25 - Comprehensive evaluation within thirty days of admission--Annual review. - 27B-3-25. Comprehensive evaluation within thirty days of admission--Annual review. Each...

Section 27B-3-26 - County auditor to be notified of admission. - 27B-3-26. County auditor to be notified of admission. Upon accepting...

Section 27B-3-27 - Liability of admittee for maintenance costs--Federal charges. - 27B-3-27. Liability of admittee for maintenance costs--Federal charges. Notwithstanding chapter...

Section 27B-3-28 - Department responsible for processing fees due state. - 27B-3-28. Department responsible for processing fees due state. The Department...

Section 27B-3-29 - Periodic determination of individual maintenance costs. - 27B-3-29. Periodic determination of individual maintenance costs. The secretary of...

Section 27B-3-30 - Full per diem rate charged to patient able to pay. - 27B-3-30. Full per diem rate charged to patient able to...

Section 27B-3-31 - Application to pay less than normal charges. - 27B-3-31. Application to pay less than normal charges. Any person...

Section 27B-3-32 - Determination of amount to be paid by patient--Filing of grievance. - 27B-3-32. Determination of amount to be paid by patient--Filing of...

Section 27B-3-33 - Civil action for charges payable--Lien on property--Claim against decedent's estates. - 27B-3-33. Civil action for charges payable--Lien on property--Claim against decedent's...

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

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

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

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. - 27B-3-37. County assertion that person with developmental disability not a...

Section 27B-3-38 - Appeal to circuit court from attorney general's determination. - 27B-3-38. Appeal to circuit court from attorney general's determination. If...

Section 27B-3-39 - Adjustment of payments by one county for residents of another. - 27B-3-39. Adjustment of payments by one county for residents of...

Section 27B-3-40 - Monthly certification of charges to counties--Payments to state. - 27B-3-40. Monthly certification of charges to counties--Payments to state. Any...

Section 27B-3-41 - Payments deposited in general fund. - 27B-3-41. Payments deposited in general fund. Any payments made in...

Section 27B-3-42 - Transfer of resident from state facility to another--Notice before transfer--Emergency transfer. - 27B-3-42. Transfer of resident from state facility to another--Notice before...

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

Section 27B-3-44 - Notice to voluntary resident of release procedures--Right to discharge. - 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. - 27B-3-45. Temporary detention of voluntary resident--Emergency commitment procedures. A facility...

Section 27B-3-46 - Discretionary discharge of voluntary resident--Notice to parent or guardian of release and alternative services. - 27B-3-46. Discretionary discharge of voluntary resident--Notice to parent or guardian...

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

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

Section 27B-3-49 - Secretary to be informed when no guardian or conservator of adult resident. - 27B-3-49. Secretary to be informed when no guardian or conservator...

Section 27B-3-50 - Evaluation of competence of resident attaining adulthood. - 27B-3-50. Evaluation of competence of resident attaining adulthood. Six months...

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...

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

Chapter 04 - Community Services For Developmentally Disabled Persons

Section 27B-4-9 - County budgeting and appropriations for community service providers. - 27B-4-9. County budgeting and appropriations for community service providers. Each...

Section 27B-4-10 - Community service providers receiving funds to be approved by department. - 27B-4-10. Community service providers receiving funds to be approved by...

Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons

Section 27B-7-24 - County review board--Composition and appointment of board--Qualifications of members--Joint boards--Alternates. - 27B-7-24. County review board--Composition and appointment of board--Qualifications of members--Joint...

Section 27B-7-25 - Oaths of office of board members. - 27B-7-25. Oaths of office of board members. Before entering upon...

Section 27B-7-25.1 - Board members immune from civil liability when acting in good faith--Exception. - 27B-7-25.1. Board members immune from civil liability when acting in...

Section 27B-7-26 - Board jurisdiction of commitment and safekeeping of involuntarily committed persons--Process used in discharge of duties. - 27B-7-26. Board jurisdiction of commitment and safekeeping of involuntarily committed...

Section 27B-7-27 - Petition for board-ordered admission asserting need for immediate intervention--Contents. - 27B-7-27. Petition for board-ordered admission asserting need for immediate intervention--Contents....

Section 27B-7-28 - Board order for examination and report on petition--Contents of report--County to be reimbursed for additional examination. - 27B-7-28. Board order for examination and report on petition--Contents of...

Section 27B-7-29 - Board to notify department of petition--Department to prepare report--Filing. - 27B-7-29. Board to notify department of petition--Department to prepare report--Filing....

Section 27B-7-30 - Disclosure of information. - 27B-7-30. Disclosure of information. If requested, information shall be disclosed:...

Section 27B-7-31 - Contents of report in § 27B-7-28. - 27B-7-31. Contents of report in §27B-7-28. The report required by...

Section 27B-7-32 - Finding of residence. - 27B-7-32. Finding of residence. If the county review board finds...

Section 27B-7-32.1 - Request to reopen hearing regarding residence. - 27B-7-32.1. Request to reopen hearing regarding residence. Within ten days...

Section 27B-7-32.2 - Appearance before board--Notice--Findings of board. - 27B-7-32.2. Appearance before board--Notice--Findings of board. Upon receipt of the...

Section 27B-7-32.3 - Costs of reopened hearing--Lien against patient not permitted. - 27B-7-32.3. Costs of reopened hearing--Lien against patient not permitted. The...

Section 27B-7-32.4 - Finding of nonresidency to be forwarded to attorney general. - 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. - 27B-7-32.5. Attorney general may request reopened hearing--Notice. Within ten days...

Section 27B-7-32.6 - Presentation of evidence--Burden of proof--Filing of finding. - 27B-7-32.6. Presentation of evidence--Burden of proof--Filing of finding. Any county...

Section 27B-7-32.7 - Costs of reopened hearing--Reimbursement by county or state. - 27B-7-32.7. Costs of reopened hearing--Reimbursement by county or state. The...

Section 27B-7-32.8 - Refund of expenses of reopened hearing. - 27B-7-32.8. Refund of expenses of reopened hearing. The county of...

Section 27B-7-33 - Time and place of hearing--Notice--Copies of order after hearing. - 27B-7-33. Time and place of hearing--Notice--Copies of order after hearing....

Section 27B-7-34 - Procedure governing hearings. - 27B-7-34. Procedure governing hearings. Hearings convened pursuant to this title...

Section 27B-7-35 - Participation by state's attorney. - 27B-7-35. Participation by state's attorney. The state's attorney of the...

Section 27B-7-36 - Dismissal of petition if not upheld by professional report--Discharge of subject. - 27B-7-36. Dismissal of petition if not upheld by professional report--Discharge...

Section 27B-7-37 - Order for involuntary commitment of person posing immediate danger to self or others--Protective custody. - 27B-7-37. Order for involuntary commitment of person posing immediate danger...

Section 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. - 27B-7-38. Board may issue detention order--Person detained without professional's recommendation...

Section 27B-7-39 - Annual review of commitment order--Provision of report--Notice of hearing--Participation at hearing--Procedures--Results of hearing. - 27B-7-39. Annual review of commitment order--Provision of report--Notice of hearing--Participation...

Section 27B-7-39.1 - Rights of person during hearing--Waiver of rights--Exclusion of persons. - 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. - 27B-7-39.2. Attendance of court reporter--Record of proceedings. A court reporter...

Section 27B-7-39.3 - Request for transcript or copy--Costs. - 27B-7-39.3. Request for transcript or copy--Costs. A person who has...

Section 27B-7-40 - Department to notify board of death of resident. - 27B-7-40. Department to notify board of death of resident. The...

Section 27B-7-41 - Counsel to represent subject--Procedural rights. - 27B-7-41. Counsel to represent subject--Procedural rights. The person alleged to...

Section 27B-7-42 - Payment of counsel. - 27B-7-42. Payment of counsel. Counsel appointed for a person pursuant...

Section 27B-7-43 - Liability for costs. - 27B-7-43. Liability for costs. The referring county shall pay the...

Section 27B-7-44 - Diagnosis of developmental disability or commitment by board does not constitute incompetence. - 27B-7-44. Diagnosis of developmental disability or commitment by board does...

Section 27B-7-45 - Right of appeal of hearing or review--Person to be advised of right--Appeal procedures--Rights not to be denied on grounds of indigency. - 27B-7-45. Right of appeal of hearing or review--Person to be...

Section 27B-7-47 - Right to habeas corpus. - 27B-7-47. Right to habeas corpus. Any person involuntarily committed by...

Section 27B-7-48 - Involuntary commitment--Rules. - 27B-7-48. Involuntary commitment--Rules. The secretary of the Department of Human...

Section 27B-7-49 - Crime of assisting in escape of involuntarily committed person--Penalties. - 27B-7-49. Crime of assisting in escape of involuntarily committed person--Penalties....

Section 27B-7-50 - Discharge. - 27B-7-50. Discharge. Any person involuntarily committed shall be discharged if,...

Section 27B-7-51 - Notification of discharge--Transportation. - 27B-7-51. Notification of discharge--Transportation. If a person is discharged in...

Section 27B-7-51.1 - Discharge--Notification of discharge--Voluntary admission. - 27B-7-51.1. Discharge--Notification of discharge--Voluntary admission. Any person involuntarily committed shall...

Section 27B-7-52 - Liability for costs of care of persons not provided transportation--Report of delinquencies--Notification--Payment. - 27B-7-52. Liability for costs of care of persons not provided...

Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons

Section 27B-8-36 - Rights and responsibilities of person with developmental disability. - 27B-8-36. Rights and responsibilities of person with developmental disability. Unless...

Section 27B-8-37 - Religious rights. - 27B-8-37. Religious rights. No person with a developmental disability may...

Section 27B-8-38 - Right to public educational services. - 27B-8-38. Right to public educational services. Any person with a...

Section 27B-8-39 - Right of access to dental and medical care. - 27B-8-39. Right of access to dental and medical care. Any...

Section 27B-8-40 - Emergency treatment without consent--Documentation of necessity. - 27B-8-40. Emergency treatment without consent--Documentation of necessity. Surgery and any...

Section 27B-8-41 - Informed consent required for experimentation or hazardous procedure--Court authorization. - 27B-8-41. Informed consent required for experimentation or hazardous procedure--Court authorization....

Section 27B-8-42 - Other rights not limited by receipt of services--Certain practices prohibited. - 27B-8-42. Other rights not limited by receipt of services--Certain practices...

Section 27B-8-43 - Retaliation against whistle-blower forbidden--Definition. - 27B-8-43. Retaliation against whistle-blower forbidden--Definition. No agency, community service provider,...

Section 27B-8-44 - Certain conduct as misdemeanor. - 27B-8-44. Certain conduct as misdemeanor. Any person who knowingly engages...

Section 27B-8-45 - Rights of persons receiving services. - 27B-8-45. Rights of persons receiving services. Any person with a...

Section 27B-8-46 - Records confidential--Disclosure. - 27B-8-46. Records confidential--Disclosure. All records kept pursuant to this chapter...

Section 27B-8-47 - Disclosure of information to certain persons. - 27B-8-47. Disclosure of information to certain persons. If the community...

Section 27B-8-48 - Identity of person to be protected. - 27B-8-48. Identity of person to be protected. If information is...

Section 27B-8-49 - Further disclosure of information. - 27B-8-49. Further disclosure of information. Any person receiving information made...

Section 27B-8-50 - Aversive behavioral intervention techniques--Findings. - 27B-8-50. Aversive behavioral intervention techniques--Findings. The Legislature hereby finds that:...

Section 27B-8-51 - Use of aversive intervention techniques prohibited. - 27B-8-51. Use of aversive intervention techniques prohibited. No person may...

Section 27B-8-52 - Restriction or suspension of rights only after due process. - 27B-8-52. Restriction or suspension of rights only after due process....

Section 27B-8-53 - Use of restraints. - 27B-8-53. Use of restraints. Use of restraints may be applied...

Section 27B-8-54 - Behavior intervention programs--Prerequisites to implementation. - 27B-8-54. Behavior intervention programs--Prerequisites to implementation. Any behavior intervention program...

Section 27B-8-55 - Highly restrictive procedures--Limitations on use. - 27B-8-55. Highly restrictive procedures--Limitations on use. The use of any...

Section 27B-8-56 - Time-out rooms. - 27B-8-56. Time-out rooms. Time-out rooms used for separating a person...

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South Dakota Codified Laws Title 27B - Developmentally Disabled Persons

South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons