Title 27A — MENTALLY ILL PERSONS
17 chapters · 296 sections in this title.
Independent evaluation within twenty - four hours of objection
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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 §
SDCL § 27A-15-18 Discharge prior to hearing ordered by chairman of county board
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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 …
SDCL § 27A-15-19 Hearing following objection--Time limit
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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…
SDCL § 27A-15-2 SDCL 27A-15-2
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Repealed by SL 2012, ch 150 , § 20.
SDCL § 27A-15-20 Overrule of minor's objection--Continued treatment or immediate discharge
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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…
SDCL § 27A-15-21 Written comprehensive individualized treatment plan--Basis for plan
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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…
SDCL § 27A-15-22 Review of treatment plan
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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…
SDCL § 27A-15-23 Educational programming
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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.
SDCL § 27A-15-24 Periodic evaluation
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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…
SDCL § 27A-15-25 Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday
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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…
SDCL § 27A-15-26 Discharge upon determination that criteria no longer being met
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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…
SDCL § 27A-15-27 Predischarge plan of aftercare
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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…
SDCL § 27A-15-28 Involuntary commitment
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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.
SDCL § 27A-15-29 Notice of the review hearing shall be given to the minor, and his attorney if the minor has retained counsel, at least six days prior to the hearing
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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…
SDCL § 27A-15-3 Separation of minors from adult patients--Exception
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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…
SDCL § 27A-15-30 Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents
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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…
SDCL § 27A-15-31 Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients
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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…
SDCL § 27A-15-32 Apprehension by police officer for emergency intervention--Jail not used for custody of minor
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A peace officer may apprehend any minor that he has probable cause to believe requires emergency intervention under the criteria in §
SDCL § 27A-15-33 Immediate notification of rights
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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. …
SDCL § 27A-15-34 Release if criteria not met--Transportation--Detention if criteria met
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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 …
SDCL § 27A-15-35 Appointment of counsel--Conflict of interest
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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…
SDCL § 27A-15-36 Procedure if hearing to be held--Alternative treatment
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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…
SDCL § 27A-15-37 Completion of hearing--Board's determination--Commitment or release
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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…
SDCL § 27A-15-38 Time limit to implement individualized treatment plan--Purpose of plan
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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…
SDCL § 27A-15-39 Educational programming for involuntarily committed minor
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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 , §…
SDCL § 27A-15-4 Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional
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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…
SDCL § 27A-15-40 Periodic review following involuntary commitment--Assessment--Right to refuse treatment
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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…
SDCL § 27A-15-41 Review hearing--Notice--Rights and procedures
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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…
SDCL § 27A-15-42 Additional review hearings--Rights, procedures, and findings
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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…
SDCL § 27A-15-43 Review of treatment plan
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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…
SDCL § 27A-15-44 Predischarge plan of aftercare for involuntarily committed minor
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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…
SDCL § 27A-15-45 Experimental treatments prohibited--Petition for authorization under certain circumstances
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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…
SDCL § 27A-15-46 Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen
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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…
SDCL § 27A-15-47 Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older
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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…
SDCL § 27A-15-48 SDCL 27A-15-48
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Upon discharge of the minor, the referring county shall provide the minor with transportation to the minor's residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where t…
SDCL § 27A-15-49 Petition to continue treatment with psychotropic medication
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If a minor sixteen years of age or older refuses the administration of psychotropic medication and the medication is administered pursuant to § 27A-15-48 , the administrator or facility director or, if the minor is committed to a program other than inpatient treatment, the direct…
SDCL § 27A-15-5 Criteria for admission of minor
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Subject to the provisions of this chapter, a minor may be immediately admitted to an inpatient psychiatric facility by the minor's parent, or such parent - initiated continued inpatient treatment continued if the following criteria are met: (1) The minor is an individual with a s…
SDCL § 27A-15-50 Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order
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If the court finds by clear and convincing evidence that the continued administration of the prescribed medication or the treatment requested pursuant to § 27A-15-45 is the least restrictive treatment alternative medically necessary to improve the minor's serious emotional distur…
SDCL § 27A-15-51 Treatments continuously monitored--Periodic review--Least restrictive treatment
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The administration of psychotropic medication or the provision of treatments pursuant to § 27A-15-45 , to a minor pursuant to this chapter shall be continuously monitored by the minor's treating psychiatrist. The treatment shall be reviewed and approved as being the least restric…
Mental health centers may designate interagency teams--Role of teams--Composition
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Each mental health center may designate one or more local interagency teams in each of the state's mental health service areas. The local interagency teams may assist in identifying appropriate placements, programs, and services for minors with emotional disturbances and their fa…
SDCL § 27A-15-59 Immunity for local interagency team members
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Any person serving as a member of a local interagency team as provided for in § 27A-15-54 whose action in the identification of placements, programs, and services for minors with emotional disturbances and their families pursuant to the provisions of this chapter is made in good …
SDCL § 27A-15-6 Repealed by SL 1992, ch 189 , § 8 27A-15-6.1 Repealed by SL 2012, ch 150 , § 21
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27A-15-7
SDCL § 27A-15-6.1 Repealed by SL 2012, ch 150 , § 21
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27A-15-7. Repealed by SL 1992, ch 189 , § 9
SDCL § 27A-15-7 Repealed by SL 1992, ch 189 , § 9 27A-15-8 Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation
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27A-15-9 Informed consent--Oral and written--Copy to parent and minor. 27A-15-10 Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent. 27A-15-11
SDCL § 27A-15-8 Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation
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The parent, guardian, or other legal custodian of the minor may execute a written application for the minor's admission. The execution of an application for admission shall be preceded by an explanation by the administrator or facility director to the parent, guardian, or other l…
SDCL § 27A-15-9 Informed consent--Oral and written--Copy to parent and minor
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An informed consent, as defined in subdivision 27A-1-1(12), to inpatient treatment of the minor shall be obtained orally, and in writing upon the application form from the parent. The consent and signed application shall become part of the minor's medical records. In addition, a …