Title 27A — MENTALLY ILL PERSONS

Terms used in this title mean: (1) "Administrator," that person designated by the secretary of social services to discharge the administrative functions of the Human Services Center including the delegation of responsibilities to the appropriate Human Services Center staff; (2) "…

A mental health setting is one in which the diagnosis and treatment of mental and emotional disorders is the primary task of the mental health professional. A mental health setting may be a clinic, hospital, social service agency, private professional service provider, residentia…

Repealed by SL 2012, ch 149 , § 7.

Terms in §§ 27A-1-12 to 27A-1-17 , inclusive, mean: (1) "Bordering state," Iowa, Minnesota, Montana, Nebraska, North Dakota, or Wyoming; (2) "Treatment facility," an accredited prevention or treatment facility as defined in § 34-20A-2 or an inpatient psychiatric facility as defin…

A bordering state or governmental entity of a bordering state may contract with any appropriate treatment facility in South Dakota for the treatment of mental illness or substance use disorder for residents of the bordering state. However, the contract shall conform to the requir…

No contract may be entered into under §§ 27A-1-12 to 27A-1-17 , inclusive, for treatment to any person who: (1) Is serving a sentence after conviction of a criminal offense; (2) Is on probation or parole; or (3) Is the subject of a presentence investigation. Source: SL 2004, ch 1…

Any contract entered into under §§ 27A-1-12 to 27A-1-17 , inclusive, between a bordering state or governmental entity of a bordering state and a South Dakota treatment facility shall, at a minimum: (1) Describe the services to be provided; (2) Establish responsibility for the cos…

Any treatment facility in South Dakota may enter negotiations with appropriate personnel of a bordering state to develop a contract that conforms to the requirements of §§ 27A-1-12 to 27A-1-17 , inclusive. A contract with a bordering state shall enable the temporary placement in …

No person placed in South Dakota from a bordering state under §§ 27A-1-12 to 27A-1-17 , inclusive, may be placed or transferred to the South Dakota Human Services Center. Source: SL 2004, ch 184 , § 6.

A resident of a treatment facility may designate a caregiver to receive notice of the resident's treatment and aftercare plan developed under § 27A-12-3.7 upon the resident's admission into the treatment facility or, for any resident who is unconscious or otherwise incapacitated …

A treatment facility shall provide reasonable notice to a caregiver designated under § 27A-1-18 of the resident's discharge or transfer to a different treatment facility prior to the resident's discharge or transfer. Prior to a resident's discharge from a treatment facility, the …

A person is subject to involuntary commitment if: (1) The person has a severe mental illness; (2) Due to the severe mental illness, the person is a danger to self or others or has a chronic disability; and (3) The person needs and is likely to benefit from treatment. Source: SL 1…

As used in this title, the term, qualified mental health professional, means a physician licensed pursuant to chapter 36-4 or a member of one of the professions listed as follows who is in good standing with any relevant licensing or certification boards: (1) A psychologist who i…

Any person who intentionally and wrongfully places or attempts to place any person in a facility for the mentally ill by any method other than as prescribed by law is guilty of a Class 6 felony. Any person who confines any mentally ill person in any other manner or in any other p…

To complete examinations as part of the emergency commitment process, qualified mental health professionals shall participate in training as required by the Department of Social Services prior to serving in this capacity. Source: SL 1994, ch 222 , § 3; SL 2011, ch 1 (Ex. Ord. 11-…

Repealed by SL 2012, ch 149 , § 5.

The Department of Social Services shall establish requirements for training qualified mental health professionals on the emergency commitment process and their role regarding performing examinations. The department may require fees to cover the administrative costs associated wit…

The Department of Social Services shall consider, determine, and establish policy and exercise such coordination for programs for mental health care and the treatment of mental illness; develop, maintain, and operate programs for mental health services and the treatment of mental…

27A-3-1.2. Repealed by SL 2002, ch 134 , § 1 27A-3-1.3 to 27A-3-1.5. Repealed by SL 2012, ch 150 , §§ 2 to 4. 27A-3-2 to 27A-3-5. Repealed by SL 2012, ch 150 , §§ 5 to 8.

The Department of Social Services may receive, acquire, have charge of, and operate all properties for the purposes authorized herein. The department may receive gifts and contributions from public and private sources and acquire other properties as an agency of the State of Sout…

Repealed by SL 2012, ch 150 , § 9.

The Department of Human Services or the Department of Social Services may lease, construct, or purchase facilities for providing residential care during the course of diagnosis, treatment, and observation of emotionally disturbed children. The department has the authority to acce…

The state hospital for the mentally ill, as now established and located on the southeast quarter of section thirty-six, township ninety-four north, range fifty-six west of the fifth principal meridian, and on adjacent land owned by the hospital, near the city of Yankton, in Yankt…

Repealed by SL 2012, ch 150 , § 14.

If any resident of the State Veterans' Home is admitted to the South Dakota Human Services Center, all expenses for the care, board, keeping, and transportation for such person shall be a charge upon the state, provided such resident is without sufficient means to pay all or part…

The center may enter into written contracts with the United States for the treatment and care of persons in the custody of the United States subject to the provisions of this title. Source: SL 1945, ch 129 ; SDC Supp 1960, § 30.01 17-1 ; SDCL, § 27-4-15; SL 1989, ch 21 , § 72; SL…

Any person committed to the South Dakota Human Services Center may be transferred to the care of a veterans' hospital, a mental health center, or a community-based mental health program operated by the state if, in the judgment of the administrator of the Human Services Center, t…

If it appears to the satisfaction of the administrator of the South Dakota Human Services Center and to the secretary of social services that a person has been received at such institution who is not a resident of this state, but who is a resident of some other state or territory…

If any patient committed by a county board of mental illness or voluntary patient deemed dangerous to self or others shall take unauthorized leave from the center, the administrator shall immediately start a search for the patient, and if the patient cannot be found, he shall not…

If a patient of the center dies, leaving funds at the center, the administrator of the center shall turn the funds over to the department for the sole use and benefit of the center. The funds shall be subject to refund within one year to any creditor, dependent, or heir, who esta…

If a patient dies at the center and leaves funds, any indebtedness incurred by the patient for care at the center shall take precedence over any other claims. Funds may be disbursed by the center to satisfy the indebtedness and shall be disbursed in the following order: (1) Any i…

If any funds remain after the disbursement allowed in § 27A-4-17.1 , funds shall be disbursed in the following order: (1) If the patient has been receiving veterans administration funds the center shall notify the veterans administration as to the balance and upon receipt of prop…

If a patient at the center dies leaving personal property at the center, all property shall be released to the next of kin listed on the records at the center. If the person is discharged, notification shall be made to interested parties that the property must be claimed and remo…

If a patient at the center is discharged and leaves funds at the center, the funds shall be turned over to the administrator and deposited in the unclaimed funds account. Notice of the unclaimed funds shall be provided to the patient by first class mail, at the last known address…

Repealed by SL 2012, ch 150 , § 12.

The secretary shall, in conjunction with the administrator, establish capacity limits for the treatment areas required by § 27A-4-8 at the center. The limits may not be exceeded unless an emergency situation is declared by the secretary and the administrator. Capacity limitations…

Any state employee or any employee of an agency under contract to the State of South Dakota who knowingly and intentionally allows or assists in the escape or release of an involuntarily committed person from the Human Services Center, through acts or omission, is guilty of a Cla…

Each person hired as an employee whose primary duty includes patient care or supervision at the Human Services Center shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigat…

The secretary of social services shall appoint an administrator of the South Dakota Human Services Center. The administrator shall be the chief executive officer of the South Dakota Human Services Center. The administrator shall serve at the pleasure of the secretary of social se…

Repealed by SL 2012, ch 150 , § 13.

The Department of Social Services may take, in the name of the state, and hold in trust for the South Dakota Human Services Center any lands, conveyed or devised, and any money or personal property given or bequeathed to be applied for any purpose connected with such institution.…

The Department of Social Services shall establish, at a minimum, appropriate acute, intermediate, and long-term psychiatric units at the South Dakota Human Services Center. Such units shall provide care, treatment, and rehabilitative services to those patients with mental illness…

The Department of Social Services may establish a juvenile mental health unit at the South Dakota Human Services Center. Such unit shall provide for the care, treatment, and education of adolescents in need of inpatient treatment. Voluntary or involuntary admission to the juvenil…

The Department of Social Services shall determine and establish reasonable standards and requirements for the locally operated nonprofit mental health centers operated within the State of South Dakota to qualify for assistance from the State of South Dakota. The secretary of soci…

If a county makes a contribution of at least one dollar per capita to the support of a mental health center in accordance with § 27A-5-9 , no charge may be levied against the county for persons provided treatment by such mental health center until the cumulative total of such cha…

The procedures for discharge from commitment provided in this title apply to any person committed to the care of a mental health center. Source: SL 1974, ch 183 , § 14; SL 1975, ch 181 , § 72; SDCL Supp, § 27-5-17; SL 1991, ch 220 , § 34.

When inpatient services are provided by a local mental health center to an individual pursuant to this title, charges for such treatment may be assessed to the individual, to any third party resource available, to a legally responsible person, to the county of residence according…

When detention or temporary housing services are provided by a local mental health center to individuals awaiting a commitment hearing, charges for such services may be assessed to the county of residence of the individual provided, however, the provisions of chapter 28-14 shall …

When other services are provided by a local mental health center to individuals pursuant to this title, charges for such services may be assessed to the individual, to any third - party payment resource available, to the county of residence if indigent, provided, however, the pro…

The Department of Social Services shall designate a mental health center as the service center for each county. Source: SL 1974, ch 183 , § 3; SL 1975, ch 181 , § 69; SDCL Supp, § 27-5-9; SL 1989, ch 21 , § 83; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011. 27A-5-8. R…