Title 27A, MENTALLY ILL PERSONS

Notwithstanding § 27A-12-3.1 , a person may communicate with his attorney or other legal representative or a private physician subject to the facility's normal access restrictions. The person's attorney or other legal representative shall have reasonable access to the person, the…

The person may appear personally at any hearing and testify on his or her own behalf, but the person may not be compelled to do so. The person may subpoena and cross-examine witnesses and present evidence. If the person chooses not to appear, the person's attorney shall state on …

Nothing in this title or in any rule adopted pursuant thereto may be construed to deny treatment by spiritual means through prayer for any person detained for evaluation or treatment, who desires such treatment, or to a minor if his parent or guardian desires such treatment, but …

No person may be the subject of any experimental research or hazardous procedure unless the research or procedure is approved and conducted in the manner prescribed by the secretary of social services. Source: SL 1975, ch 181 , § 21; SDCL Supp, § 27-7-55; SL 1989, ch 21 , § 94; S…

No person may be administered or subjected to psychosurgery, aversive stimuli, or substantial deprivations. Aversive stimuli shall include anything which, because it is believed to be unreasonably unpleasant, uncomfortable, or distasteful to the person, is administered or done to…

Notwithstanding § 27A-12-3.1 , a person has the right to access to, including opportunities and facilities for private communications with, any available rights protection service, or to a system designated to provide protection of receiving assistance to understand, exercise, an…

A person may perform labor which contributes to the operation and the maintenance of the facility for which the facility would otherwise employ someone only if the person voluntarily agrees to perform the labor and if the person is compensated appropriately and in accordance with…

In no event may discharge be conditioned upon the completion of any labor performed under § 27A-12-3.4 , and one - half of any compensation paid to the person shall be exempt from collection for payment for services rendered by the facility. Source: SL 1975, ch 181 , § 23; SDCL S…

Each person has the right to the implementation of a comprehensive individualized treatment plan developed by appropriate qualified mental health professionals, including a psychiatrist. The treatment plan shall be consistent with current standards for facilities and programs and…

An aftercare plan shall be developed cooperatively between the person, the legal guardian, if any, and if requested by the person or guardian, family members or others, the facility or program to which the person is committed or admitted, and the mental health center located in t…

Each person shall have a physical and mental examination and review of behavioral status within forty - eight hours, excluding Saturdays, Sundays, and holidays, after admission. Source: SL 1975, ch 181 , § 4; SDCL Supp, § 27-7-49; SL 1991, ch 220 , § 189; SDCL, §

No later than ten days after a person is committed, the administrator, facility director or, if the person is not committed to an inpatient psychiatric facility, the director of the program shall have the person and his records examined to determine whether the commitment should …

Any release of information by the holder of the record shall be approved by the administrator or facility director holding the records. The holder of the record shall keep a record of any information released, to whom, the date it was released and the purpose for such release. So…

If information is disclosed, the identity of the individual to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. Source: SL 1975, ch 181 , § 12; SDCL Supp, § 27-7-64; SL 1991, ch 220 , §§ 2…

Any person receiving confidential information pursuant to § 27A-12-25 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was obtained. Source: SL 1975, ch 181 , § 13; SDCL Supp, § 27-7-65; SL 1991, ch 220 ,…

A person may assert grievances with respect to infringement of the rights described in this chapter, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure which provides a meaningful review. Source: SL 1991, ch 220 , § 242.

Any person involuntarily committed by a board of mental illness and any person confined or in any manner detained or restrained is entitled to the benefit of the writ of habeas corpus. If the court finds that the criteria in § 27A-10-9.1 are met, the court may authorize continued…

The provisions of this title may not be construed as replacing or limiting any other rights, benefits, or privileges afforded any person pursuant to other provisions of law, the Constitution of South Dakota, and the Constitution of the United States. Source: SL 1975, ch 181 , § 2…

The exercise of rights afforded in this title are not subject to any reprisal, including reprisal through the actual or threatened denial of any treatment, benefits, privileges, or other rights. Source: SL 1991, ch 220 , § 247.

If a person is admitted, involuntarily committed, or discharged from the Human Services Center, reasonable attempts shall be made to notify the person's legally appointed guardian. Upon obtaining consent to release information, reasonable attempts shall also be made to notify the…

Source: SL 1991, ch 220 , § 220.

The use of seclusion or restraint requires clinical justification and shall be employed only to prevent immediate harm to the person or others, or if less restrictive means of restraint are not feasible. Seclusion or restraint may not be employed as punishment or for the convenie…

Upon receipt of all information desired by the secretary of social services, the secretary shall determine, based upon the financial ability of the patient or responsible person, whether the patient or responsible person shall be charged with the full amount provided in § 27A-13-…

The secretary of social services may, at any time, review and change any determination for applicable charges. Source: SL 1964, ch 104 , § 4 (4); SDCL § 27-9-8; SL 1989, ch 21 , § 101; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.

No person is liable for the cost of the care, support, maintenance, and treatment of any patient except as provided in this title, but the amounts determined to be due under this title and unpaid at the time of the death of a patient or responsible person shall constitute a claim…

If a patient liable for payments due under §§ 27A-13-4 to 27A-13-12 , inclusive, refuses or fails to make such payments, the charges are collectible by a civil suit brought in the name of the State of South Dakota. The State of South Dakota may sue such patient for such payments …

If any account has been delinquent for six months or more, the Department of Social Services shall notify the attorney general which shall be responsible for collecting the delinquent moneys by any legal means available. All amounts collected shall be deposited to the credit of t…

The board of county commissioners shall annually appropriate a sum sufficient to pay for the support of its mentally ill. Source: SDC 1939, § 30.0214; SDCL, § 27-9-25; SL 1985, ch 77 , § 34.

Effective July 1, 2010, the county of residence shall pay an admission fee of six hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for …

Sections 27A-13-18 to 27A-13-20 , inclusive, shall determine patient eligibility for contributions by the county of residency under § 27A-13-16 , except that time spent in a state institution shall not be counted in determining the matter of residency. Source: SL 1964, ch 104 , §…

If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of resid…

If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of resid…

If the administrator of the Human Services Center has treated a patient determined by the committing board of mental illness to be a proper charge against the state at large because the patient is not a resident of the state and the attorney general has appeared before the commit…

If the attorney general shall find that such patient is not a proper charge against any county in the state, such patient shall thereafter be regarded as a proper charge against the state at large until returned to the state of his residence. Source: SDC 1939, § 30.0215; SL 1939,…

If a person who is not a resident of South Dakota presents himself for voluntary admission at the South Dakota Human Services Center, the person may be admitted for psychiatric treatment and the admission fee or amount charged against the counties to be tendered to the administra…

Terms used in this chapter mean: (1)(a) "Full-time equivalent patient population in the center's psychiatric nursing facility unit," the total daily patient count in that unit at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the numbe…

If any county is dissatisfied with the determination of residence entered by the attorney general, such county may appeal to the circuit court, by filing and serving a notice of appeal upon the attorney general and upon one of the members of the board of county commissioners of t…

If the administrator of the Human Services Center has been advised by a county board of mental illness, the attorney general pursuant to § 27A-13-18 , or by a circuit court, that a patient sent to the center from one county has a residency in another county, he shall thereafter h…

Expenses incurred by one county, on account of a mentally ill person whose residence is in another county, shall be refunded with lawful interest thereon by the county of residence. The expenses and interest shall be presented to the board of commissioners of the county of reside…

Expenses incurred by the attorney general on account of a mentally ill person whose residence is in a county of the state shall be refunded with lawful interest thereon by the county of residence. Source: SL 1986, ch 227 , § 14.

The administrator of the Human Services Center shall furnish at once to the chairman of the county board of mental illness of the county wherein the residence is found to be, the name of each patient under involuntary commitment that is discharged. The county auditor wherein the …

All charges to counties under §§ 27A-13-16 to 27A-13-21 , inclusive, shall be certified each month by the secretary of social services, or his designee, to the county auditor. The certification shall include a listing of charges by patient name. The certification shall be sent to…

The uniform system of keeping accounts between the county and its mentally ill patients and between the county and the state shall be continued as the official uniform system of keeping such accounts throughout the state. Source: SDC 1939, § 30.0122; SDCL, § 27-9-27; SL 1975, ch …

It shall be the duty of the county auditor of each county to keep such accounts in accordance with said uniform system and to assemble and record all the information necessary to provide an accurate and complete record of all transactions, charges, disbursements, debits, and cred…

The Department of Social Services is responsible for the collection and processing of fees due to the state for the care of patients in the South Dakota Human Services Center. Source: SL 1964, ch 104 , § 3; SDCL § 27-9-11; SL 1989, ch 21 , § 96; SL 2011, ch 1 (Ex. Ord. 11-1 ), § …

The secretary of social services shall direct the Human Services Center to calculate and maintain for each patient at the center a billing statement itemizing the individual charges for the care, support, maintenance, and treatment provided to each patient. The center shall deter…