Title 27A — MENTALLY ILL PERSONS
17 chapters · 296 sections in this title.
SDCL § 27A-1-1 Definitions
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Terms used in this title mean: (1) "Administrator," that person designated by the secretary of social services to discharge the administrative functions of the Human Services Center including the delegation of responsibilities to the appropriate Human Services Center staff; (2) "…
SDCL § 27A-1-10 Mental health setting
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A mental health setting is one in which the diagnosis and treatment of mental and emotional disorders is the primary task of the mental health professional. A mental health setting may be a clinic, hospital, social service agency, private professional service provider, residentia…
SDCL § 27A-1-11 SDCL 27A-1-11
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Repealed by SL 2012, ch 149 , § 7.
SDCL § 27A-1-12 Definitions
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Terms in §§ 27A-1-12 to 27A-1-17 , inclusive, mean: (1) "Bordering state," Iowa, Minnesota, Montana, Nebraska, North Dakota, or Wyoming; (2) "Treatment facility," an accredited prevention or treatment facility as defined in § 34-20A-2 or an inpatient psychiatric facility as defin…
SDCL § 27A-1-13 Contract with bordering state for treatment of mental illness or substance use disorder in state facility
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A bordering state or governmental entity of a bordering state may contract with any appropriate treatment facility in South Dakota for the treatment of mental illness or substance use disorder for residents of the bordering state. However, the contract shall conform to the requir…
SDCL § 27A-1-14 Treatment contracts not allowed for certain persons convicted of criminal offense
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No contract may be entered into under §§ 27A-1-12 to 27A-1-17 , inclusive, for treatment to any person who: (1) Is serving a sentence after conviction of a criminal offense; (2) Is on probation or parole; or (3) Is the subject of a presentence investigation. Source: SL 2004, ch 1…
SDCL § 27A-1-15 Content of contract for treatment
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Any contract entered into under §§ 27A-1-12 to 27A-1-17 , inclusive, between a bordering state or governmental entity of a bordering state and a South Dakota treatment facility shall, at a minimum: (1) Describe the services to be provided; (2) Establish responsibility for the cos…
SDCL § 27A-1-16 Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state
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Any treatment facility in South Dakota may enter negotiations with appropriate personnel of a bordering state to develop a contract that conforms to the requirements of §§ 27A-1-12 to 27A-1-17 , inclusive. A contract with a bordering state shall enable the temporary placement in …
SDCL § 27A-1-17 Placement or transfer of person from bordering state to Human Services Center prohibited
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No person placed in South Dakota from a bordering state under §§ 27A-1-12 to 27A-1-17 , inclusive, may be placed or transferred to the South Dakota Human Services Center. Source: SL 2004, ch 184 , § 6.
SDCL § 27A-1-18 Designation of caregiver to receive information regarding resident of treatment facilities
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A resident of a treatment facility may designate a caregiver to receive notice of the resident's treatment and aftercare plan developed under § 27A-12-3.7 upon the resident's admission into the treatment facility or, for any resident who is unconscious or otherwise incapacitated …
SDCL § 27A-1-19 Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted
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A treatment facility shall provide reasonable notice to a caregiver designated under § 27A-1-18 of the resident's discharge or transfer to a different treatment facility prior to the resident's discharge or transfer. Prior to a resident's discharge from a treatment facility, the …
SDCL § 27A-1-2 Involuntary commitment
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A person is subject to involuntary commitment if: (1) The person has a severe mental illness; (2) Due to the severe mental illness, the person is a danger to self or others or has a chronic disability; and (3) The person needs and is likely to benefit from treatment. Source: SL 1…
SDCL § 27A-1-3 Qualified mental health professionals
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As used in this title, the term, qualified mental health professional, means a physician licensed pursuant to chapter 36-4 or a member of one of the professions listed as follows who is in good standing with any relevant licensing or certification boards: (1) A psychologist who i…
SDCL § 27A-1-4 Unlawful confinement of mentally ill as felony or misdemeanor
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Any person who intentionally and wrongfully places or attempts to place any person in a facility for the mentally ill by any method other than as prescribed by law is guilty of a Class 6 felony. Any person who confines any mentally ill person in any other manner or in any other p…
SDCL § 27A-1-7 Training required by department
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To complete examinations as part of the emergency commitment process, qualified mental health professionals shall participate in training as required by the Department of Social Services prior to serving in this capacity. Source: SL 1994, ch 222 , § 3; SL 2011, ch 1 (Ex. Ord. 11-…
SDCL § 27A-1-8 SDCL 27A-1-8
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Repealed by SL 2012, ch 149 , § 5.
SDCL § 27A-1-9 Promulgation of rules for training qualified mental health professionals
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The Department of Social Services shall establish requirements for training qualified mental health professionals on the emergency commitment process and their role regarding performing examinations. The department may require fees to cover the administrative costs associated wit…