Title 27A — MENTALLY ILL PERSONS

Source: SL 1991, ch 220 , § 323.

Source: SL 1991, ch 220 , § 324; SL 1994, ch 255 , § 6.

Source: SL 1992, ch 189 , § 21.

If the required findings are not made, the board shall order that the minor be immediately discharged from involuntary commitment. Upon such discharge, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Da…

Terms used in this chapter mean: (1) "Clinical evaluation," an evaluation of the minor to determine the appropriateness of admission to an inpatient psychiatric facility or continued inpatient treatment. The evaluation shall include a personal interview with the minor and parent,…

For the purposes of this chapter, an individual with a serious emotional disturbance is an individual who: (1) Is under eighteen years of age; (2) Exhibits behavior resulting in functional impairment which substantially interferes with, or limits the individual's role or function…

After application for admission, the administrator or facility director may immediately admit the minor upon a determination that the criteria in § 27A-15-5 are met. Upon admission, each minor shall have a psychiatric evaluation within forty - eight hours excluding Saturday, Sund…

27A-15-13 Denial of admission--Referral to other programs or services. 27A-15-14 27A-15-14 , 27A-15-15. Repealed by SL 1992, ch 189 , §§ 14, 15 27A-15-15.1 Objection to continued inpatient treatment--Form and execution. 27A-15-15.2 Filing written objection--Notice of right to cou…

A parent who consented to a minor's admission under this chapter has the right to effect an immediate discharge of the minor upon written notice of the parent's intention to terminate inpatient treatment, unless the facility director, administrator, or attending psychiatrist has …

If the administrator or facility director denies admission, he shall refer the parent and minor to other placements, programs, or services that may be appropriate for the minor, including referral to the local interagency team serving the area in which the minor resides. Source: …

A minor who has been admitted to an inpatient psychiatric facility, or an adult on the minor's behalf, shall have the right to execute a written objection to continued inpatient treatment. Upon receipt by a staff member of the facility of an oral or written objection to continued…

If a written objection to continued inpatient treatment is executed pursuant to § 27A-15-19 , the administrator or facility director shall forthwith file the objection with the chair of the county board of mental illness for the county where the facility is located. In addition, …

If upon completion of the evaluation required in § 27A-15-17.1 , it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the …

Within five days after the execution of the written objection to continued inpatient treatment, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period, the minor …

A county board of mental illness holding a hearing pertaining to a minor's objection to admission to an inpatient psychiatric facility shall enter a finding regarding the minor's county of residence or a finding that the minor is not a resident of this state. A minor's county of …

The board of mental illness conducting the hearing as provided in § 27A-15-19 shall order testimony by a qualified mental health professional who shall assess the availability and appropriateness of treatment alternatives including programs other than inpatient treatment. Such te…

The chairman of the county board shall order an independent clinical evaluation of the minor, including a mental status examination, to be completed within twenty - four hours of the filing of the objection pursuant to §

If, at any time prior to the hearing required in § 27A-15-19 , the chairman of the county board determines that the criteria in § 27A-15-5 are not met, he shall order the administrator or facility director to immediately discharge the minor to the custody of his parent and shall …

Within five days after service of the objection, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that period, the minor shall be provided a hearing on the need for continue…

Repealed by SL 2012, ch 150 , § 20.

Upon completion of the hearing provided in § 27A-15-19 , the board of mental illness may overrule the minor's objection and authorize continued inpatient treatment at the facility for the duration of the forty - five - day admission period as provided in §§ 27A-15-10 and 27A-15-2…

Within ten days after the admission of a minor by parent, guardian, or other legal custodian under this chapter, the administrator or facility director shall ensure that a written comprehensive individualized treatment plan has been developed and implemented for the minor by appr…

The minor's treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor's overall adjustment. Source…

The administrator or facility director shall ensure that the minor receives educational programming consistent with applicable federal and state law. Source: SL 1991, ch 220 , § 313.

Within forty - five days after the admission of a minor by parent, guardian, or other legal custodian under this chapter and at least every forty - five days thereafter, a psychiatric evaluation of the minor shall be completed by a psychiatrist to assess the need for continued in…

Any minor admitted by a parent under this chapter while younger than sixteen years of age shall be informed orally and in writing by the administrator or facility director within five days prior to the minor's sixteenth birthday of his rights, including his right to refuse certai…

If at any time the minor's attending psychiatrist or, if the attending psychiatrist is unavailable, the attending qualified mental health professional determines that the criteria in § 27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of his par…

A predischarge plan of aftercare for a minor admitted to inpatient treatment under this chapter, by a parent, guardian, or other legal custodian shall be formulated in cooperation with the minor and the minor's family. The plan shall be explained to the minor and the parent, guar…

A minor may be subject to involuntary commitment utilizing the same procedures, criteria, and rights provided in chapter 27A-10 , except as otherwise specifically provided by this chapter. Source: SL 1991, ch 220 , § 318.

If the minor has not retained counsel at the time of the notice, the chairman of the county board shall immediately appoint counsel to represent the minor. In no case may the minor's attorney be a person who, in the previous two years, has advised or represented the facility or p…

Except as otherwise provided in this section, a minor, whether admitted by a parent or involuntarily committed, may not be placed with adult patients, if the inpatient psychiatric facility maintains a separate unit for minors. A minor may be admitted or committed to a facility th…

If any minor is alleged to be an individual with a serious emotional disturbance and in such condition that immediate intervention is necessary for the protection from physical harm to himself or others, any person, eighteen years of age or older, may petition the chairman of the…

After examination of a petition filed pursuant to § 27A-15-30 , the chair of the county board may order the apprehension and transportation of a minor who meets the criteria in § 27A-15-30 , for involuntary commitment to an appropriate regional facility other than the center. A j…

A peace officer may apprehend any minor that he has probable cause to believe requires emergency intervention under the criteria in §

Immediately after the minor is taken into custody, he shall be notified both orally and in writing of his rights as set forth in §§ 27A-10-5 , 27A-10-6 , and 27A-10-8 and of his right to immediately contact his parent, guardian, legal custodian, or other persons of his choosing. …

If the evaluation required in § 27A-10-6 does not support a finding that the minor meets the criteria in § 27A-15-29 , the minor shall be released. Following such release, the referring county shall provide the minor with transportation to the minor's residence if such residence …

If upon completion of the evaluation required in § 27A-10-6 , it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the min…

If upon completion of the evaluation it is determined that a hearing will be held, the chairman of the board of mental illness which will be conducting the hearing as provided in § 27A-10-8 shall order testimony by a qualified mental health professional who shall assess the avail…

Upon completion of the hearing provided in § 27A-10-8 , the board of mental illness may order the involuntary commitment of the minor for a period not to exceed forty - five days if a majority of the board finds by clear and convincing evidence, supported by written findings of f…

Within ten days after the involuntary commitment of a minor, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that a written comprehensive individualized treatment plan has b…

The administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that the minor receives educational programming consistent with applicable federal and state law. Source: SL 1991, ch 220 , §…

Application for admission of a minor to an inpatient psychiatric facility may be made by a guardian or legal custodian of the person of the minor upon the recommendation for such application by a qualified mental health professional. The provisions of this chapter, including § 27…

Within ten days after the involuntary commitment of a minor and at least every thirty days thereafter, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program, shall review the minor's records a…

Within forty - five days after the involuntary commitment of a minor who is still under the commitment order, the county board of mental illness which serves the county in which the minor is receiving treatment shall conduct a review hearing in such county to determine if the min…

Notwithstanding the provisions of §§ 27A-15-37 and 27A-15-41 , if the board of mental illness orders an initial commitment or a continued commitment, it may also schedule at the time of such initial commitment hearing or at the time of such review hearing and without further noti…

The minor's treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor's overall adjustment. Source…

A predischarge plan of aftercare for a planned discharge of an involuntarily committed minor shall be formulated in cooperation with the minor and the minor's parent, guardian, or other legal custodian. A copy of the plan shall be delivered to the parent, guardian, or other legal…

Except as otherwise provided herein, no minor may be administered or subjected to experimental procedures or interventions of any type. A parent's, guardian's, custodian's, or minor's consent alone may not authorize such experimental procedures, interventions, or treatments. If t…

Except as otherwise provided by this title, psychotropic medication and other forms of treatment may be administered to a minor under the age of sixteen only with the oral and written informed consent of the minor's parent or guardian. If oral and written consent are unable to be…

Except as otherwise provided by this title, psychotropic medication and other treatment may be administered to a minor sixteen years of age or older only with the oral and written informed consent of the minor and the minor's parent, legal guardian, or custodian. If oral and writ…