Title 27A, MENTALLY ILL PERSONS

All payments made for the treatment and maintenance of patients in accordance with this chapter shall be deposited to the credit of the general fund. Source: SL 1964, ch 104 , § 7; SDCL, § 27-9-14; SL 1974, ch 186 , § 3.

If any person is admitted to a state facility, the resident and any legally responsible person is liable for the cost of the care, support, maintenance, and treatment of such persons to the extent and in the manner provided by this title. If the resident is not a proper charge of…

Every person who is admitted to the center on a voluntary basis shall, prior to his admittance, tender to the administrator of the facility the minimum amount charged against the counties in § 27A-13-16 . If this sum is not tendered, the person shall have an authorization to be a…

The county of residence shall make payments for the care and treatment of any indigent person voluntarily admitted to the South Dakota Human Services Center the same as if there had been a regular commitment pursuant to chapter 27A-10 if such person is entitled to poor relief pur…

The secretary of social services shall periodically approve the per diem rate for the care, support, maintenance, and treatment provided to each patient by or at the expense of the South Dakota Human Services Center for the fiscal year during which the services are rendered and c…

Any patient who is determined by the secretary of social services to be unable to pay the total services charge, but who is determined, as provided in §§ 27A-13-9 and 27A-13-10 , to be financially able to pay the per diem rate shall continue to be charged the per diem cost for ea…

Any patient or responsible person may apply to the secretary of social services for permission to pay less than the applicable charge. On receipt of such application, the secretary shall request an investigation, to determine the ability of the patient or responsible person to pa…

The administrator or facility director may at any time discharge a voluntary patient whom the administrator or facility director deems suitable for discharge. Source: SL 1975, ch 181 , § 130; SDCL Supp, § 27-10-2.1; SL 1991, ch 220 , § 275.

If the administrator or facility director or attending psychiatrist has determined that a person under a guardianship has received maximum benefits of inpatient treatment and no longer requires such treatment, and is eligible and has been accepted for placement or treatment in a …

If, prior to the hearing required in § 27A-10-8 , the administrator of the South Dakota Human Services Center determines that the person no longer meets the commitment criteria, that person shall be released and his record sealed in accordance with the provisions of state law. Fo…

If, prior to the hearing required in § 27A-10-8 , the director of the facility where the person is detained determines that the person no longer meets the commitment criteria, the director shall so notify the county board chairman. If the chairman agrees, the person shall be rele…

A patient, upon approval of the administrator or facility director, may be placed on a leave status from the center or facility. The patient's legal admission status at the center or facility shall remain in effect. Leave may not be longer than thirty days and may not extend beyo…

The secretary of social services shall provide by rules, promulgated pursuant to chapter 1-26 , methods whereby a patient shall be assisted in qualifying for all available public assistance benefits provided by the state or federal law. Source: SL 1975, ch 181 , § 24; SDCL Supp, …

A patient involuntarily committed shall be discharged when, in the opinion of the administrator, or facility director, or if the person is not committed to an inpatient psychiatric facility, the director of the program, the patient no longer meets the commitment criteria. Source:…

If a patient is discharged in accordance with § 27A-14-2 , the county board of mental illness which entered the order for treatment shall be notified. Within forty - eight hours of discharge notification, the county board of mental illness shall provide the patient's transportati…

If the patient is provisionally discharged, the administrator shall notify the county board of the discharge and the provisions of the discharge. Provisional discharges shall in no instance extend beyond the duration of the original commitment. Source: SL 1975, ch 181 , § 133; SD…

If the county board fails or neglects to take and remove such patient so discharged, as provided in § 27A-14-3 , within forty - eight hours from the date of the order discharging him and of the notice of the order, the responsible county is liable for and shall pay to the state f…

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…

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 § 27A-15-19 . Preceding the evaluation, the qualified mental …

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…

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.

A minor is subject to involuntary commitment if: (1) The minor is an individual with a serious emotional disturbance; (2) The minor displays one or more of the conditions listed in subdivision 27A-15-5(2); (3) As a result of being an individual with a serious emotional disturbanc…

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 § 27A-15-30 . The peace officer shall transport the minor to an appropriate regional facility other than the center. A jail may not be used for the …

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. …