Title 27A — MENTALLY ILL PERSONS
17 chapters · 296 sections in this title.
SDCL § 27A-6-1 Compact continued--Text of compact
14.3K chars
The Interstate Compact on Mental Health is hereby continued in force by this state with all other states legally joining therein in the form substantially as follows: The contracting states solemnly agree that: ARTICLE I The party states find that the proper and expeditious treat…
SDCL § 27A-6-2 Compact administrator--Cooperation with other public agencies in state
0.4K chars
The secretary of human services or his designee shall be the compact administrator. The compact administrator shall cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact or of any supplem…
SDCL § 27A-6-3 Supplementary agreements authorized--Concurrence required when service required from state agencies
0.7K chars
The secretary of human services may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. If such supplementary agreements shall require or contemplate the use of any institution or facility of this state or…
SDCL § 27A-6-4 Arrangement for discharge of financial obligations under compact and supplementary agreements
0.3K chars
The compact administrator, subject to the approval of the state treasurer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder. Source: SL 1959, ch 3…
SDCL § 27A-6-5 Consultation with family and county board before transfer of patient to another state
0.4K chars
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution of this state to an institution in another party state, to take no final action without approval of the count…
SDCL § 27A-7-1 County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates
1.5K chars
In each county a magistrate judge or lawyer shall be appointed by the presiding circuit judge of the circuit in which the county is situated to serve as the chair of the county board of mental illness. Any board conducting commitment hearings shall consist of the chair and two ot…
SDCL § 27A-7-10 Board members immune from civil liability when acting in good faith--Exception
0.6K chars
Any person serving as a member of a county board of mental illness, whose action regarding the applications or petitions for involuntary commitment, for the treatment of any involuntarily committed person, or for the safekeeping otherwise of any person subject to involuntary comm…
SDCL § 27A-7-11 Qualified mental health professionals immune from civil liability when acting in good faith
0.5K chars
Any person serving as the qualified mental health professional as designated by the chair of the county board of mental illness, whose examinations and testimony under Title 27A are conducted in good faith, is immune from any civil liability for such examinations and testimony. T…
SDCL § 27A-7-2 Oaths of office of board members
0.4K chars
Before entering upon the duties of his office, each of the persons constituting a board of mental illness shall take and subscribe an oath or affirmation to support the Constitutions of the United States and of this state, and to discharge faithfully his official duties according…
SDCL § 27A-7-3 Temporary replacement of board members or alternates--Record of replacement
0.5K chars
In the case of the temporary absence or inability of any member or alternate therefor to act, the remaining members of the board of mental illness shall temporarily appoint replacements so that the original composition of the board is retained. The record in all cases shall show …
SDCL § 27A-7-3.1 Conflict of interest--Procedure for removal of board member
0.4K chars
If it appears any member of the board has a conflict of interest, he may be removed by the filing of an affidavit with the chairman of the board setting forth the grounds for the disqualification. Unless the affidavit appears clearly frivolous, it shall be granted. In the event o…
SDCL § 27A-7-4 Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons
0.7K chars
The board of mental illness has jurisdiction over all applications or petitions for involuntary commitment, for the treatment of any involuntarily committed person, or for the safekeeping otherwise of any person subject to involuntary commitment within its county, except in cases…
SDCL § 27A-7-8 Compensation, mileage, and expenses of board members
0.7K chars
The members of the board of mental illness, other than a magistrate judge, shall be allowed compensation at an hourly rate as determined by the county commissioners for all time employed in the duties of their offices as members of such board of mental illness. All members of the…
SDCL § 27A-7-9 Training of board members
0.4K chars
Each member of a board of mental illness shall participate in training as required by the Department of Social Services prior to undertaking their duties. The training shall include the duties, procedures, and rights of any person coming before the board of mental illness. Source…
SDCL § 27A-8-1 Requirements for admission of voluntary patients
1.5K chars
The facility director or administrator may receive as a voluntary patient any person eighteen years of age or older who understands the nature of voluntary inpatient treatment, is capable of giving informed consent, and voluntarily executes a written application for admission, if…
SDCL § 27A-8-10.1 Emergency detention of voluntary inpatient after notice of intention to terminate
1.2K chars
If a written notice of termination of inpatient treatment is given to the facility pursuant to § 27A-8-10 , the notice is not withdrawn, and the facility director or administrator or attending psychiatrist has probable cause to believe that the patient requires emergency interven…
SDCL § 27A-8-11.2 Commitment of voluntary patient who has not applied for release--Reasons
1.0K chars
An inpatient psychiatric facility director, the center administrator or an attending psychiatrist may file a petition pursuant to § 27A-10-1 for the commitment of a voluntary patient if clinically indicated, even though a written notice of intention to terminate inpatient treatme…
SDCL § 27A-8-14 Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards
0.5K chars
Upon voluntary admission, and at the end of the first six months of hospitalization, and annually thereafter, the patient shall be given a separate written notice of release procedures. In addition, a copy of the written notice shall be given to any one other person designated by…
SDCL § 27A-8-15 Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form
0.6K chars
Before an individual is accepted for voluntary inpatient treatment at an inpatient psychiatric facility, an explanation shall be made to him of the nature of such status, including the types of treatment available, and restraints or restrictions to which he may be subject includi…
SDCL § 27A-8-16 Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission
0.4K chars
A person requesting voluntary admission to an inpatient psychiatric facility, who is clinically suitable for voluntary inpatient treatment, shall be admitted only on such voluntary status. The facility director or administrator shall give to an individual who is denied admission …
SDCL § 27A-8-17 Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent
1.0K chars
Thirty days after the voluntary admission of a patient and every ninety days thereafter, the facility director or center administrator shall review the patient's record and assess the need for continued admission. If continued admission is indicated, the facility director or cent…
SDCL § 27A-8-18 SDCL 27A-8-18
0.0K chars
Repealed by SL 2012, ch 149 , § 15.
SDCL § 27A-8-18.1 Substituted informed consent
1.3K chars
If a person eighteen years of age or older presents for admission to an inpatient psychiatric facility and meets the requirements set forth in subdivisions 27A-8-1(1) to (3), inclusive, and (5), but the facility director or administrator determines that the person is incapable of…
SDCL § 27A-8-19 Substituted informed consent by next of kin--Court hearing
1.0K chars
The person's next of kin may exercise a substituted informed consent in accordance with the requirements in § 27A-8-15 for the sole purpose of admission to an inpatient psychiatric facility or the center. Upon the exercise of such a substituted informed consent, the facility dire…
Petition asserting need for immediate intervention of mentally ill person--Contents
2.4K chars
If any person is alleged to be severely mentally ill and in such condition that immediate intervention is necessary for the protection from physical harm to self or others, any person, eighteen years of age or older, may complete a petition stating the factual basis for concludin…
SDCL § 27A-10-1.1 Center as appropriate regional facility in certain circumstances
0.7K chars
If a competent person agrees to receive treatment at the Human Services Center and the treatment is arranged with the center but upon arrival the person does not consent to admission or if a person agrees to accept treatment at the center and the treatment is arranged but upon ar…
SDCL § 27A-10-1.2 Appropriate regional facility--Application for Designation by Department of Social Services--Requirements
1.4K chars
For purposes of admitting a person who is apprehended under § 27A-10-2 or 27A-10-3 , the Department of Social Services shall designate any facility as an appropriate regional facility if the facility is approved by the department in accordance with this section. Any facility may …
SDCL § 27A-10-14 Review hearing after involuntary commitment order--Notice--Rights and procedures
0.3K chars
Within ninety days after the involuntary commitment of a person who is still under the commitment order, the county board of mental illness which serves the county in which the person is receiving treatment shall conduct a review hearing in the county to determine if the person c…
SDCL § 27A-10-16 Emergency apprehension--Evaluation by designated mental health professional
0.5K chars
Upon being informed of the emergency apprehension of an individual under the provisions of this chapter, the chairman of the county board of mental illness with jurisdiction over the person shall notify the community mental health center serving the area in which the board of men…
SDCL § 27A-10-17 Prehearing admission and commitment denied if medical condition exceeds center's capacity
0.2K chars
The center may refuse the prehearing admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center. Source: SL 1995, ch 158 , § 2.
SDCL § 27A-10-18 Refusal of admission and commitment when medical condition exceeds center's capacity
0.2K chars
The center may refuse the admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center. Source: SL 1995, ch 158 , § 3.
SDCL § 27A-10-19 Twenty-four-hour hold permitted--Notice to county board
0.9K chars
If any person presents to a facility licensed by the state as a hospital or designated as an appropriate regional facility, other than the Human Services Center, and after an examination by a qualified mental health professional it is determined that the person is severely mental…
SDCL § 27A-10-2 Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses
1.9K chars
After examination of a petition filed under § 27A-10-1 , the chair of the county board of mental illness may order the apprehension and transportation by a law enforcement officer or other designee of any person whom the chair has probable cause to believe meets the criteria in §…
SDCL § 27A-10-20 Definition of terms related to crisis referral and placement
1.1K chars
Terms used in this section and §§ 27A-10-21 to 27A-10-23 , inclusive, mean: (1) "Crisis intervention team certified law enforcement officer," any law enforcement officer who has undergone a comprehensive training program in crisis intervention techniques involving any person who …
SDCL § 27A-10-21 Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement
1.6K chars
If any law enforcement officer or qualified mental health professional in a clinic or hospital has probable cause to believe that a person requires emergency nonmedical intervention pursuant to § 27A-10-1 , as an alternative to a petition for commitment pursuant to chapter 27A-10…
SDCL § 27A-10-22 Discretion of law enforcement officer to arrest--Priority given to placement
0.5K chars
The provisions of § 27A-10-21 do not limit the law enforcement officer's discretion in arresting a person for a criminal offense. However, the law enforcement officer shall give priority to placing a severely mentally ill person who has also committed a misdemeanor offense in a m…
SDCL § 27A-10-23 Immunity from liability--Mobile crisis referral--Exception
1.4K chars
Any law enforcement officer or authority, any qualified mental health professional in a clinic, hospital, or appropriate regional facility, or any clinic or hospital who in good faith transferred direct supervision of a person or direct engagement with a person to a mobile crisis…
SDCL § 27A-10-24 Report to attorney general of certain names for reporting to National Instant Criminal Background Check System
0.8K chars
If the board of mental illness orders an involuntary commitment based on a finding pursuant to § 27A-10-9.1 that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the chair of the board shall report …
SDCL § 27A-10-3 SDCL 27A-10-3
0.2K chars
The immunity from civil liability under this section does not apply if a resulting injury was due to willful or wanton misconduct. Source: SL 2012, ch 149 , § 23. 27A-10-10 to 27A-10-13. Repealed by SL 1991, ch 220 , §§ 122 to 125
SDCL § 27A-10-4 Petition on person apprehended
0.3K chars
After a law enforcement officer or other designee transports an apprehended person to an appropriate regional facility pursuant to § 27A-10-3 , the law enforcement officer, a physician, or other person with personal knowledge of the relevant facts shall complete a petition as pro…
SDCL § 27A-10-5 Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended
1.8K chars
Immediately after a person is taken into custody pursuant to § 27A-10-2 or 27A-10-3 , a hold is initiated pursuant to § 27A-8-10.1 or 27A-10-19 , or a petition is filed pursuant to § 27A-8-11.2 , the person shall be notified both orally and in writing of the following: (1) The ri…
SDCL § 27A-10-7 Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met
0.9K chars
If the examination required in § 27A-10-6 does not support a finding that the person meets the criteria for involuntary commitment in § 27A-1-2 , the person shall be released. Following such release, the referring county shall provide the person with transportation to the county …
SDCL § 27A-10-7.1 Chairman to make final determination where person voluntarily admits himself
0.4K chars
If the person is willing to admit himself to an inpatient psychiatric facility or other treatment program on a voluntary basis and the admission is deemed suitable by the facility or program, the chairman of the county board to whom the petition was filed shall be notified and sh…
SDCL § 27A-10-7.2 Refusal of prehearing admission
0.2K chars
The center may refuse prehearing admission to a person under this chapter unless the examination report and determination required in §§ 27A-10-6 and 27A-10-7 have been accomplished. Source: SL 1991, ch 220 , § 118.
SDCL § 27A-10-9 Testimony of qualified mental health professional--Availability and appropriateness of alternatives
1.2K chars
The board of mental illness conducting the involuntary commitment hearing as provided in § 27A-10-8 shall order testimony by a qualified mental health professional, other than the professional who submitted the petition under § 27A-10-1 or initiated the hold under § 27A-10-1 9, w…
SDCL § 27A-10-9.2 Medical treatment for mental illness or treatment of co-occurring substance use disorder
1.8K chars
If findings are made pursuant to § 27A-10-9.1 and an involuntary commitment is ordered, then the board may, at the same hearing or at a subsequent hearing, consider any petitions for: (1) The authority to administer psychotropic medication, electroconvulsive treatment, and such o…
SDCL § 27A-10-9.3 Least restrictive treatment alternative
0.4K chars
Any such treatment or commitment order pursuant to §§ 27A-10-9.1 and 27A-10-9.2 shall be to the least restrictive treatment alternative. The procedure for the board's consideration of these petitions concurrent with the § 27A-10-8 hearing shall be governed by chapter 27A-11A , wh…
SDCL § 27A-10-9.4 Failure to comply with requirements of outpatient commitment or treatment order
0.6K chars
If a person fails to comply with the requirements specified in an outpatient commitment order or a treatment order, and the person's treating physician or staff of the specified outpatient treatment program believes that the person's current condition is likely to deteriorate unt…
SDCL § 27A-10-9.5 Transportation by law enforcement--Limit upon detention and nonconsensual medication
0.8K chars
The outpatient commitment order or treatment order constitutes a continuing authorization for law enforcement, upon request of the program director or the person's treating physician, to transport the person to the designated outpatient treatment program or to the treating physic…
SDCL § 27A-10-9.6 Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition
0.8K chars
If a person fails to comply with the requirement of the outpatient commitment or treatment order, and the person's treating physician or the staff of the outpatient treatment program believes that there is a significant risk of deterioration in the person's condition, the program…