Title 27A — MENTALLY ILL PERSONS

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. 27A-13-23. Repealed by SL 1991, ch 220 , § 267 27A-…

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…

The secretary of social services shall promulgate rules, pursuant to chapter 1-26 , to establish a method to determine the fee for each service or test based on the actual cost of performing the service or test and the determination of ability to pay and indigence. The secretary …

Payment by the county of residence pursuant to § 27A-13-10 is collectible by a civil suit brought in the name of the individual county and any judgment obtained is a lien upon the real property of the patient or responsible person and may be collected as other liens. Source: SDCL…

The county auditor shall, upon receipt of a statement from the administrator of the Human Services Center requiring payment for the care of voluntary patients therein, enter the proper charge against the respective patients and notify those legally bound for the support of such p…

The statute of limitations upon any claim of the county or state for expense of care of the mentally ill as provided herein may not commence to run until the death of the mentally ill patient, but action may be begun at any time during the life of the mentally ill person. This ch…

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 §

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…

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…