S.D. Codified Laws § 27A-13-8 — SD Code / Title 27A / Chapter 13 / Section 27A-13-8
Full per diem cost paid by person financially able to pay
Status: in_force

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 each day of continuous patient status.

Source: SL 1964, ch 104, § 4 (2); SDCL § 27-9-5; SL 1975, ch 181, § 120; SL 1989, ch 21, § 98; SL 1991, ch 220, § 258; SL 1999, ch 142, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-2-21 — SD Code / Title 27B / Chapter 2 / Section 27B-2-21
General functions of department
Status: in_force

The Department of Human Services may receive, acquire, have charge of, and operate all properties for the purposes authorized by statute. The department may receive gifts and contributions from public and private sources and acquire other properties as an agency of the State of South Dakota and hold and use them for statutory purposes. However, the department may not purchase, lease anything except office quarters as approved by the state commissioner of human resources and administration, sell, encumber, or alienate any real property without the specific consent and prior approval of the Legislature.

Source: SL 2000, ch 131, § 8; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 27B-8-43 — SD Code / Title 27B / Chapter 8 / Section 27B-8-43
Retaliation against whistle-blower forbidden--Definition
Status: in_force

No agency, community service provider, facility, or school may retaliate against any staff who reports in good faith suspected abuse, neglect, or exploitation, or against any person with a developmental disability with respect to any report. An alleged perpetrator cannot self - report solely for the purpose of claiming retaliation. There is a rebuttable presumption of retaliation for any adverse actions taken within ninety days of a report of abuse, neglect, or exploitation.

Adverse action means only those adverse actions arising solely from the filing of an abuse report. For the purposes of this chapter, adverse action means any action taken by a community service provider or facility against the person making the report or against the person with a developmental disability because of the report and includes:

(1) Discharge or transfer from the community service provider or facility except for clinical reasons;

(2) Discharge from or termination of employment;

(3) Demotion or reduction in remuneration for services; or

(4) Restriction or prohibition of access to services and supports or the persons served.

Source: SL 2000, ch 131, § 88.
S.D. Codified Laws § 27B-7-41 — SD Code / Title 27B / Chapter 7 / Section 27B-7-41
Counsel to represent subject--Procedural rights
Status: in_force

The person alleged to meet the criteria for board - ordered commitment shall be represented by counsel. Such representation is not subject to waiver, and the person is entitled:

(1) To be present at the hearing;

(2) To obtain a continuance in order to adequately prepare a case;

(3) To present documents and witnesses;

(4) To cross - examine witnesses; and

(5) To require testimony in person from the psychiatrist or psychologist who performed the evaluation required in 27B-7-28 .

Source: SL 2000, ch 131, § 73.
S.D. Codified Laws § 27B-8-48 — SD Code / Title 27B / Chapter 8 / Section 27B-8-48
Identity of person to be protected
Status: in_force

If information is disclosed, the identity of the person to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. If practicable, no other information may be disclosed unless it is germane to the authorized purpose for which disclosure was made.

Source: SL 2000, ch 131, § 93.
S.D. Codified Laws § 27A-10-9.5 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9.5
Transportation by law enforcement--Limit upon detention and nonconsensual medication
Status: in_force

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 physician's office for the purpose of making reasonable efforts to obtain the person's compliance with the requirements of the outpatient commitment or treatment order. However, no person may be detained at the program's or the physician's office for more than one hour unless the person consents, or may be physically coerced or required to take prescribed medications unless the outpatient commitment or treatment order contains a specific authorization for the nonconsensual delivery of prescribed medication, pursuant to § 27A-12-3.15 . If a person has been involuntarily medicated on an outpatient basis, the necessity of treatment with psychotropic medication shall be reviewed and approved under the provisions of § 27A-12-3.16 and noted in the patient's medical record or chart.

Source: SL 2012, ch 149, § 21.
S.D. Codified Laws § 27A-15-41 — SD Code / Title 27A / Chapter 15 / Section 27A-15-41
Review hearing--Notice--Rights and procedures
Status: in_force

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 minor continues to meet the criteria in § 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. 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 program to which the minor is committed or who would otherwise have a conflict of interest. At the time the notice of hearing is given, the minor and his attorney shall be informed of all evidence that will be considered at the review hearing. Any evidence subsequently discovered shall be immediately transmitted to the minor and his attorney. The rights and procedures applicable in relation to an initial commitment hearing shall be applicable in relation to the review hearing except that a petition need not be filed. The board of mental illness may order the continued involuntary commitment of the minor to the same or alternative placement or program 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 fact and conclusions of law, that the criteria in § 27A-15-37 are met. If the board orders the continued involuntary commitment of the minor, it shall immediately notify the minor and his attorney of his right to appeal as provided in § 27A-11A-25 . If continued involuntary commitment is ordered, a review hearing as provided in this section shall be conducted at least every forty - five days that the minor remains under commitment.

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 Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the chairman of the board of mental illness shall explain and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.

Source: SL 1991, ch 220, § 331.
S.D. Codified Laws § 27A-5-1 — SD Code / Title 27A / Chapter 5 / Section 27A-5-1
Determination of standards for locally operated centers
Status: in_force

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 social services may adopt reasonable rules in regard to the following standards and requirements:

(1) Staff requirements;

(2) Administration, audit requirements, and record keeping;

(3) Services provided;

(4) Patient rights; and

(5) Such other standards as are necessary for the safety and health of clients and patients.

Source: SL 1966, ch 186, § 7 (2); SDCL § 27-5-2; SL 1975, ch 181, § 63; SL 1981, ch 199, § 13; SL 1989, ch 21, § 77; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-7-24 — SD Code / Title 27B / Chapter 7 / Section 27B-7-24
County review board--Composition and appointment of board--Qualifications of members--Joint boards--Alternates
Status: in_force

Each county shall form a county review board which shall hear involuntary commitment hearings and review continued commitments of persons with developmental disabilities in accordance with §§ 27B-7-37 and 27B-7-39 . The county review board shall consist of two people appointed by the board of county commissioners for a three-year term and a magistrate judge or lawyer appointed by the presiding circuit judge of the circuit in which the county is situated. The two members appointed by the county commission shall be residents of the county. The member appointed by the presiding circuit judge need not be a resident of the county. The members of the county review board who are appointed by the board of county commissioners may be appointed to more than one term, but may not serve more than two consecutive terms. The magistrate judge or lawyer shall serve as the chair of the county review board. The state's attorney for the county may not serve on the county review board. Each appointing authority may also appoint alternates. Pursuant to chapter 1-24 , two or more counties may jointly contract to establish a county review board to serve all contracting counties.

Source: SL 2000, ch 131, § 56.
S.D. Codified Laws § 27A-4-20 — SD Code / Title 27A / Chapter 4 / Section 27A-4-20
Capacity limits for treatment areas
Status: in_force

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 shall be established using such criteria as number of patients, and staffing levels. If capacity limits are reached, no additional admissions may be accepted until census numbers decrease. If capacity limits are reached, the department shall contract for appropriate services for those qualified for admission. This contract obligation does not apply to programs established at the discretion of the department or pursuant to § 27A-4-9 or § 34-20B-105 .

Source: SL 1991, ch 220, § 22; SL 1996, ch 182.
S.D. Codified Laws § 27A-7-10 — SD Code / Title 27A / Chapter 7 / Section 27A-7-10
Board members immune from civil liability when acting in good faith--Exception
Status: in_force

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 commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.

Source: SL 2000, ch 130, § 1; SL 2012, ch 149, § 11.
S.D. Codified Laws § 27A-12-3.22 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.22
Psychosurgery, aversive stimuli, and substantial deprivations prohibited
Status: in_force

No person may be administered or subjected to psychosurgery, aversive stimuli, or substantial deprivations. Aversive stimuli shall include anything which, because it is believed to be unreasonably unpleasant, uncomfortable, or distasteful to the person, is administered or done to the person for the purpose of reducing the frequency of a behavior but does not include restrictive treatment procedures implemented in accordance with § 27A-12-6.1 . Substantial deprivations include the withdrawal or withholding of basic necessities or comforts which is intended to subject the person to significant discomfort, inconvenience, or unpleasantness.

Source: SL 1991, ch 220, § 220.
S.D. Codified Laws § 27A-12-3.4 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.4
Labor for benefit of facility
Status: in_force

A person may perform labor which contributes to the operation and the maintenance of the facility for which the facility would otherwise employ someone only if the person voluntarily agrees to perform the labor and if the person is compensated appropriately and in accordance with all applicable state and federal labor laws.

Source: SL 1975, ch 181, § 23; SDCL Supp, § 27-7-66; SL 1991, ch 220, § 180; SDCL, § 27A-12-23 .
S.D. Codified Laws § 27A-13-3 — SD Code / Title 27A / Chapter 13 / Section 27A-13-3
Department responsible for collection and processing of fees
Status: in_force

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 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-11A-3 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-3
Filing of board papers with clerk of courts--Confidentiality and access
Status: in_force

The chairman or acting chairman of the board of mental illness shall cause to be filed in the office of the clerk of courts all papers and any other records of proceedings connected with any inquest of the board, and properly belonging to his office with all notices, reports, and other communications. The clerk of courts shall keep separate books in which to record the proceedings of the board, and his entries shall be sufficiently full to show, with the papers filed, a complete record of the findings, orders, and transactions of the board.

All records of proceedings under this title shall be subject to the confidentiality and access provisions of § 27A-12-25 et seq. Any such records regarding a person who is released prior to or directly following the completion of a hearing provided for in § 27A-10-8 shall be sealed upon such release and shall be opened only by court order of the circuit court.

Source: SDC 1939, § 30.0105; SDCL, § 27-6-7; SL 1991, ch 220, § 139; SDCL, § 27A-7-7.
S.D. Codified Laws § 27B-3-36 — SD Code / Title 27B / Chapter 3 / Section 27B-3-36
Expenses for person with developmental disability under control of child welfare agency--Petition for guardianship
Status: in_force

If a person with a developmental disability has been placed under the control of a child welfare agency as defined by § 26-6-1 for adoption, and prior to adoption is found to have a developmental disability, then the county review board may direct that the expenses for the care, education, and maintenance of that person be borne by the state in which event no finding as to the county being legally obligated to support the person shall be made. The board shall forthwith notify the Department of Social Services who may petition for letters of guardianship. For minors in the custody of the state, the county is not legally obligated to pay for such person. Expenses for such person shall be borne by the state.

Source: SL 2000, ch 131, § 38.
S.D. Codified Laws § 27A-1-4 — SD Code / Title 27A / Chapter 1 / Section 27A-1-4
Unlawful confinement of mentally ill as felony or misdemeanor
Status: in_force

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 place than is authorized by law, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.2708; SDCL, § 27-1-6; SL 1975, ch 181, § 43; SL 1991, ch 220, § 4.
S.D. Codified Laws § 27A-10-20 — SD Code / Title 27A / Chapter 10 / Section 27A-10-20
Definition of terms related to crisis referral and placement
Status: in_force

(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 is mentally ill or has substance abuse issues and has received certification as a crisis intervention officer by the officer's department;

(2) "Crisis intervention team," a team of law enforcement officers and individuals who have undergone a comprehensive training program in crisis intervention techniques involving any person who is mentally ill or has chemical dependency or substance abuse issues;

(3) "Mobile crisis team," an interdisciplinary team of one or more mental health professionals able to respond to any person in the community, either in person or through real-time interactive audio and video, for mental health and chemical dependency or abuse intervention;

(4) "Team member," any person who is a member of a crisis intervention team or a mobile crisis team.

Source: SL 2010, ch 142, § 3; SL 2020, ch 111, § 2, eff. Mar. 12, 2020.
S.D. Codified Laws § 27B-7-39 — SD Code / Title 27B / Chapter 7 / Section 27B-7-39
Annual review of commitment order--Provision of report--Notice of hearing--Participation at hearing--Procedures--Results of hearing
Status: in_force

The county review board shall review the commitment order and accompanying information at least annually to make a determination of the continued need and supporting justification for commitment. Prior to the annual review, but not less than thirty days prior to the anniversary date of the commitment order, the developmental disability community service provider shall provide a report to the county review board that issued the original commitment order regarding the person's supports, services, and progress. Following ten days notice to the person, the person's attorney, and the Department of Human Services, the county review board shall hold a review hearing. The review hearing shall include participation by the state's attorney, Department of Human Services, the community service provider, and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to review hearings. A petition pursuant to § 27B-7-27 need not be filed. At the conclusion of the review hearing, the county review board may issue an order of continued commitment or immediately discharge the person from involuntary commitment if the conditions in § 27B-7-37 justifying commitment no longer exist.

Source: SL 2000, ch 131, § 71; SL 2002, ch 136, § 16.
S.D. Codified Laws § 27A-10-1.1 — SD Code / Title 27A / Chapter 10 / Section 27A-10-1.1
Center as appropriate regional facility in certain circumstances
Status: in_force

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 arrival the person is examined and found not competent to consent to admission, if there is no next of kin available or if there is next of kin available but the person does not consent to admission, and if the attending psychiatrist has probable cause to believe that the person requires emergency intervention under the criteria in § 27A-10-1 , the center may be used as an appropriate regional facility.

Source: SL 1999, ch 140, § 1.
S.D. Codified Laws § 27B-7-51 — SD Code / Title 27B / Chapter 7 / Section 27B-7-51
Notification of discharge--Transportation
Status: in_force

If a person is discharged in accordance with § 27B-7-50 , the county review board, which entered the order, shall be notified. The county review board shall provide the person transportation to the person's place of residence if the person so chooses within forty - eight hours of discharge notification.

Source: SL 2002, ch 136, § 25.
S.D. Codified Laws § 27A-13-17 — SD Code / Title 27A / Chapter 13 / Section 27A-13-17
Procedure for determining county of residency
Status: in_force

Sections 27A-13-18 to 27A-13-20 , inclusive, shall determine patient eligibility for contributions by the county of residency under § 27A-13-16 , except that time spent in a state institution shall not be counted in determining the matter of residency.

Source: SL 1964, ch 104, § 4 (6); SDCL, § 27-9-10; SL 1975, ch 181, § 123; SL 1976, ch 173, § 29.
S.D. Codified Laws § 27B-8-40 — SD Code / Title 27B / Chapter 8 / Section 27B-8-40
Emergency treatment without consent--Documentation of necessity
Status: in_force

Surgery and any other medical procedures may be performed without consent or court order only if the life of the person with a developmental disability is threatened and there is not time to obtain consent or a court order. Documentation of the necessity for the surgery shall be entered into the record of the person as soon as practicable.

Source: SL 2000, ch 131, § 85.
S.D. Codified Laws § 27A-15-32 — SD Code / Title 27A / Chapter 15 / Section 27A-15-32
Apprehension by police officer for emergency intervention--Jail not used for custody of minor
Status: in_force

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 custody of a minor. The restrictions and requirements regarding the confinement of a minor with adult detainees or patients in § 27A-15-31 , shall apply. All reasonable attempts shall be made to immediately notify the parent, guardian, or other legal custodian of the apprehension and transportation of the minor.

Source: SL 1991, ch 220, § 322.
S.D. Codified Laws § 27A-15-18 — SD Code / Title 27A / Chapter 15 / Section 27A-15-18
Discharge prior to hearing ordered by chairman of county board
Status: in_force

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 inform the minor's parent of the existence of the local interagency team serving the area where the inpatient facility is located and the interagency team serving the minor's area of residence if in South Dakota and different from the local interagency team. Additionally, the chairman of the board of mental illness shall inform the minor's parent that the purpose of interagency teams is to assist in identifying the least restrictive placements, programs, and services for minors with emotional disturbances and their families. If the minor's parent refuses to take physical custody of the minor, the chairman of the county board shall explain treatment options available to the parent and the child and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.

Source: SL 1991, ch 220, § 308; SL 1992, ch 189, § 18.
S.D. Codified Laws § 27A-8-17 — SD Code / Title 27A / Chapter 8 / Section 27A-8-17
Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent
Status: in_force

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 center administrator shall consult with the patient and request from the patient an oral and written affirmation of his informed consent to continued admission. If a patient was admitted upon substituted informed consent as provided in § 27A-8-18.1 , and continues to be incapable of exercising an informed consent to continued admission, a substituted informed consent to continuing admission shall be obtained as provided in that section. The notification, request, and affirmation shall become part of the patient's record. A failure to affirm substituted informed consent to continued admission constitutes notice of an intention to terminate inpatient treatment as provided in § 27A-8-10 .

Source: SL 1991, ch 220, § 66; SL 1992, ch 190, § 4D; SL 2012, ch 149, § 14.
S.D. Codified Laws § 27A-7-2 — SD Code / Title 27A / Chapter 7 / Section 27A-7-2
Oaths of office of board members
Status: in_force

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 to law, which oath shall be filed in the office of the county auditor.

Source: SDC 1939, § 30.0103; SDCL, § 27-6-2; SL 1975, ch 181, § 76.
S.D. Codified Laws § 27A-6-1 — SD Code / Title 27A / Chapter 6 / Section 27A-6-1
Compact continued--Text of compact
Status: in_force

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:

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

As used in this compact:

(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.

(e) "After - care" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.

(g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

(h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after - care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after - care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after - care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after - care or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on after - care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non - party state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or re - appoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or any other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the Governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the Constitution of any party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

Source: SL 1959, ch 302, § 1; SDC Supp 1960, § 55.5801; SDCL, § 27-19-1.
S.D. Codified Laws § 27A-12-32.2 — SD Code / Title 27A / Chapter 12 / Section 27A-12-32.2
Habeas corpus available for committed, confined, detained, or restrained person
Status: in_force

Any person involuntarily committed by a board of mental illness and any person confined or in any manner detained or restrained is entitled to the benefit of the writ of habeas corpus. If the court finds that the criteria in § 27A-10-9.1 are met, the court may authorize continued involuntary commitment. Such authorization is not a bar to the issuing of the writ the second time if it is alleged that the criteria in § 27A-10-9.1 are no longer met.

Source: SDC 1939, § 30.0111; SDCL, § 27-10-1; SL 1975, ch 181, § 134; SL 1991, ch 220, § 244; SDCL, § 27A-12-4 .
S.D. Codified Laws § 27A-12-26.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-26.1
Access to own records--Exceptions--Confidentiality following discharge
Status: in_force

A person has the right to access, upon request, to his mental health records. However, the person may be refused access to:

(1) Information in such records provided by a third party under assurance that such information remain confidential; and

(2) Specific material in such records if the qualified mental health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to the person's health. However, such material may be made available to a similarly licensed qualified mental health professional, selected by the person; and such professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise disclose the information contained in the material to such person.

The rights to confidentiality of and access to records as provided in §§ 27A-12-25 to 27A-12-32 , inclusive, shall remain applicable to records pertaining to such person after the person's discharge.

Source: SL 1991, ch 220, § 230.
S.D. Codified Laws § 27A-11A-1 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-1
Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail
Status: in_force

The chairman or acting chairman of the board of mental illness shall sign and issue all notices, appointments, warrants, subpoenas, or other process required to be given or issued by the board, shall be responsible to conduct all meetings and hearings by the board and shall make all evidentiary rulings. The notices, reports, and communications herein required to be given or made may be sent by mail unless otherwise expressed or implied, and the fact and date of such sending or reception shall be noted on the proper record.

Source: SDC 1939, § 30.0105; SDCL, § 27-6-6; SL 1975, ch 181, § 78; SL 1991, ch 220, § 136; SDCL, § 27A-7-5 .
S.D. Codified Laws § 27A-12-3.7 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.7
Aftercare plan to facilitate discharge
Status: in_force

An aftercare plan shall be developed cooperatively between the person, the legal guardian, if any, and if requested by the person or guardian, family members or others, the facility or program to which the person is committed or admitted, and the mental health center located in the regional district to which the person will be discharged. A copy of the plan shall be delivered to the person and the legal guardian, if any. The plan shall:

(1) Specify the services required in the community to meet the person's needs for treatment, vocation, housing, nutrition, physical care, and safety;

(2) Specify any income subsidies for which the person is eligible; and

(3) Identify local and state agencies which can provide services and support to the person.

Participation in the discharge plan shall be at the person's discretion and the person's refusal to participate may not be considered a basis for continued detention if the person is otherwise entitled to discharge.

Source: SL 1991, ch 220, § 187; SL 2000, ch 129, § 16.
S.D. Codified Laws § 27A-12-33 — SD Code / Title 27A / Chapter 12 / Section 27A-12-33
Provisions of title do not replace or limit other rights
Status: in_force

The provisions of this title may not be construed as replacing or limiting any other rights, benefits, or privileges afforded any person pursuant to other provisions of law, the Constitution of South Dakota, and the Constitution of the United States.

Source: SL 1975, ch 181, § 2; SDCL Supp, § 27-1-8; SL 1991, ch 220, §§ 245, 246.
S.D. Codified Laws § 27A-4-1 — SD Code / Title 27A / Chapter 4 / Section 27A-4-1
Hospital established--Location
Status: in_force

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 Yankton County, shall be known as the South Dakota Human Services Center. The South Dakota Human Services Center and any other locations established as branch facilities of the Human Services Center shall be under the direction and control of the Department of Social Services.

Source: SDC 1939, § 30.0201; SDCL § 27-4-1; SL 1974, ch 181, § 1; SL 1989, ch 21, § 64; SL 1991, ch 220, § 9; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-7-3 — SD Code / Title 27A / Chapter 7 / Section 27A-7-3
Temporary replacement of board members or alternates--Record of replacement
Status: in_force

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 the fact of the absence of the regular board member or alternate and the name of the replacement.

Source: SDC 1939, § 30.0103; SDCL, § 27-6-3; SL 1974, ch 182, § 2; SL 1975, ch 181, § 77; SL 1978, ch 198, § 1; SL 1991, ch 220, § 39.
S.D. Codified Laws § 27A-15-27 — SD Code / Title 27A / Chapter 15 / Section 27A-15-27
Predischarge plan of aftercare
Status: in_force

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, guardian, or other legal custodian who consented to admission, who shall be given a copy thereof. The plan shall:

(1) Specify the services required in the community to meet the minor's needs for treatment, education, housing, nutrition, physical care, and safety;

(2) Specify any income subsidies for which the minor is eligible; and

(3) Identify local and state agencies which can provide service and support to the minor.

The lack of such a plan is not sufficient reason for the continued inpatient treatment of a minor if discharge is otherwise appropriate or required under this title.

Source: SL 1991, ch 220, § 317; SL 2000, ch 129, § 24.
S.D. Codified Laws § 27A-15-46 — SD Code / Title 27A / Chapter 15 / Section 27A-15-46
Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen
Status: in_force

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 obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose. Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for the improvement of the minor's serious emotional disturbance. The parent's or guardian's informed consent and the treating psychiatrist's determination shall become part of the minor's medical records.

Source: SL 1991, ch 220, § 336; SL 1992, ch 189, § 27; SL 1995, ch 164, § 1; SL 2013, ch 122, § 9.
S.D. Codified Laws § 27A-15-1 — SD Code / Title 27A / Chapter 15 / Section 27A-15-1
Definition of terms
Status: in_force

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, guardian, or other legal custodian, an examination of all relevant available records, a mental status examination of the minor, relevant social history information, and an examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation, including a full probe of the minor's background utilizing all relevant educational, treatment, and other public and private service provider sources;

(2) "Independent clinical evaluation," a clinical evaluation of the minor performed by a qualified mental health professional who:

(a) Is not currently involved in the diagnosis, treatment, or provision of services to the minor;

(b) Is not an employee of the facility to which admission of the minor is sought or to which the minor has been admitted; and

(c) Will not receive monetary benefit by the minor's admission to or continued stay in an inpatient psychiatric facility;

(3) "Minor," a person under eighteen years of age except that for purposes of this title, the term does not include a person who is emancipated under Title 26 or who is married. Any person not included within this definition of minor shall come under this title's provisions which apply to adults;

(4) "Parent," a biological or adoptive parent who has legal custody of the minor, including either parent if the parents have joint legal custody;

(5) "Psychiatric evaluation," an examination conducted by a psychiatrist which includes the history of present illness, past history of medical and psychiatric illness, pertinent psychosocial history, and a mental status examination that enables the formulation of a diagnostic summary.

Source: SL 1991, ch 220, § 291; SL 1994, ch 255, § 1; SL 2000, ch 129, § 18.
S.D. Codified Laws § 27A-10-3 — SD Code / Title 27A / Chapter 10 / Section 27A-10-3
Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility
Status: in_force

A peace officer may apprehend any person that he has probable cause to believe requires emergency intervention under the criteria in § 27A-10-1 . The peace officer shall transport the person to an appropriate regional facility, as defined in § 27A-1-1 , other than the Human Services Center for an examination as provided in § 27A-10-6 . A jail may not be used for prehearing custody until the availability of other appropriate regional facilities has been explored and exhausted. No person may remain in a jail for longer than twenty - four hours on a mental illness hold alone.

Source: SL 1975, ch 181, § 108; SDCL Supp, § 27-7A-3.1; SL 1989, ch 21, § 92; SL 1991, ch 220, § 112.
S.D. Codified Laws § 27B-3-29 — SD Code / Title 27B / Chapter 3 / Section 27B-3-29
Periodic determination of individual maintenance costs
Status: in_force

The secretary of the Department of Human Services shall periodically determine the individual cost of supports and services provided to persons in the facility.

Source: SL 2000, ch 131, § 31.
S.D. Codified Laws § 27A-10-4 — SD Code / Title 27A / Chapter 10 / Section 27A-10-4
Petition on person apprehended
Status: in_force

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 provided in § 27A-10-1 .

Source: SL 1975, ch 181, § 108; SDCL Supp, § 27-7A-3.2; SL 1984, ch 196; SL 1991, ch 220, § 113; SL 2000, ch 129, § 5.
S.D. Codified Laws § 27A-13-33 — SD Code / Title 27A / Chapter 13 / Section 27A-13-33
Accrual of state or county claim--Commencement during life of patient--Past claims
Status: in_force

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 chapter does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 1, 1975.

Source: SDC 1939, § 30.0120; SL 1951, ch 155; SL 1961, ch 154; SL 1964, ch 104, § 14; SDCL, §§ 27-9-13, 27-9-16; SL 1975, ch 181, §§ 125, 127; SL 1991, ch 220, § 273.
S.D. Codified Laws § 27A-15-44 — SD Code / Title 27A / Chapter 15 / Section 27A-15-44
Predischarge plan of aftercare for involuntarily committed minor
Status: in_force

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 custodian. The plan shall:

(1) Specify the services required in the community to meet the minor's needs for treatment, education, housing, nutrition, physical care, and safety;

(2) Specify any income subsidies for which the minor is eligible; and

(3) Identify local and state agencies which can provide services and support to the minor.

The lack of such a plan is not sufficient reason for the continued commitment of a minor when release is otherwise appropriate or required under this title.

Source: SL 1991, ch 220, § 334; SL 1992, ch 189, § 26; SL 2000, ch 129, § 26.
S.D. Codified Laws § 27B-3-8 — SD Code / Title 27B / Chapter 3 / Section 27B-3-8
Acceptance and use of donations to institution--Records maintained
Status: in_force

The administrator may receive and accept from any persons, organization, or estate, gifts of money or personal property on behalf of the South Dakota Developmental Center--Redfield, or the patients therein, and use such gifts for the purposes specified by the donor if such use is consistent with the law. In the absence of a specified purpose, the administrator shall use such money or personal property for the benefit of the South Dakota Developmental Center--Redfield or for the general benefit of the patients therein. The administrator shall keep an accurate record of the amount or kind of gift, the date received, manner expended, and the name and address of the donor. Any increase resulting from such gift may be used for the same purpose as the original gift.

Source: SDC 1939, § 30.0603 as added by SL 1959, ch 175, § 2; SDCL, § 27-13-9; SL 1989, ch 238, § 12.
S.D. Codified Laws § 27A-15-15.5 — SD Code / Title 27A / Chapter 15 / Section 27A-15-15.5
Finding of hearing as to minor's residence--Parent's residence--Reopening hearing
Status: in_force

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 residence shall be the same as his parent's county of residence. A determination of a parent's county of residence shall be based on the criteria of § 28-13-3 . If the minor's parents reside in different counties, the minor's county of residence shall be the same as the parent the minor most recently lived with.

A hearing may be reopened with respect to the board's determination of a minor's county of residence under the requirements of § 27A-11A-14 .

Additionally, the provisions of §§ 27A-11A-15 to 27A-11A-17 , inclusive, apply to this section.

Source: SL 1992, ch 189, § 21.
S.D. Codified Laws § 27A-15-50 — SD Code / Title 27A / Chapter 15 / Section 27A-15-50
Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order
Status: in_force

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 disturbance, the court may authorize the continued administration of the medication or the treatment for a period not to exceed ninety days. The court's order shall be immediately delivered to the administrator or other director and be made part of the minor's medical records. In addition, the court's order shall be immediately delivered to the minor and his parent, guardian, or custodian.

The court's order authorizing the continued administration of the prescribed medication or the treatment shall terminate sooner upon the minor's attaining the age of eighteen, the minor's discharge from the facility or program, the withdrawal of consent by the minor's parent, guardian, or custodian, or withdrawal of the minor's consent required in subdivision 27A-15-45(2), or upon a determination made pursuant to § 27A-15-51 , that the administration of the medication or the treatment is no longer the least restrictive treatment alternative medically necessary to improve the minor's serious emotional disturbance.

Source: SL 1991, ch 220, § 340; SL 1993, ch 213, § 130; SL 2013, ch 122, § 12.
S.D. Codified Laws § 27A-3-8 — SD Code / Title 27A / Chapter 3 / Section 27A-3-8
Residential facilities for emotionally disturbed children
Status: in_force

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 accept gifts, contributions, federal grants-in-aid, or financial aid from any other source for the facilities described above.

Any facilities acquired pursuant to this section shall be the sole operational responsibility of the Department of Human Services or the Department of Social Services within available state appropriations, federal funds, or other sources of revenue. The Department of Human Services or the Department of Social Services shall establish rules, promulgated pursuant to chapter 1-26 , necessary for the proper operation and supervision of such facilities and consistent with sound therapeutic procedures.

Source: SL 1968, ch 220; SDCL Supp, § 27-3-24; SL 1989, ch 21, § 61; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 134, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-7-32.4 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.4
Finding of nonresidency to be forwarded to attorney general
Status: in_force

If a person is found at an initial or reopened hearing not to be a resident of the state, the county review board shall forward to the attorney general a copy of its findings and a summary of the proofs upon which the findings are based.

Source: SL 2002, ch 136, § 7.
S.D. Codified Laws § 27A-12-3.6 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.6
Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review
Status: in_force

Each person has the right to the implementation of a comprehensive individualized treatment plan developed by appropriate qualified mental health professionals, including a psychiatrist. The treatment plan shall be consistent with current standards for facilities and programs and may not consist solely of chemical or drug therapy unless supported by sufficient psychiatric and medical opinion.

A person has the right to ongoing participation, in a manner appropriate to such person's capabilities, in the planning of services to be provided such person, including the right to participate in the development and periodic review and revision of the plan and, in connection with such participation, the right to be provided with a reasonable explanation, in terms and language appropriate to such person's condition and ability to understand, of the following:

(1) Such person's general mental condition and, if a physical examination has been provided, such person's general condition;

(2) The objective of treatment;

(3) The nature and significant possible adverse effects of recommended treatments;

(4) The reasons why a particular treatment is considered appropriate;

(5) The reasons why certain rights enumerated under § 27A-12-3.1 , may have been limited;

(6) Any appropriate and available alternative treatments, services, and types of providers of mental health services; and

(7) An aftercare plan to facilitate discharge.

Treatment plans shall be designed to achieve discharge at the earliest appropriate time and to maximize each person's development and acquisition of perceptual skills, social skills, self - direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the person lives.

A qualified mental health professional who is a member of the person's treatment team shall periodically review, follow - up, and update all individualized treatment plans.

Source: SL 1975, ch 181, §§ 6, 7; SDCL Supp, §§ 27-7-50, 27-7-51, 27-7-53; SL 1987, ch 198, § 21; SL 1991, ch 220, § 186; SDCL Supp, § 27A-12-11 ; SDCL, §§ 27A-12-12 , 27A-12-13; SL 2000, ch 129, § 15.
S.D. Codified Laws § 27A-15-15.1 — SD Code / Title 27A / Chapter 15 / Section 27A-15-15.1
Objection to continued inpatient treatment--Form and execution
Status: in_force

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 inpatient treatment, the facility shall promptly supply the minor or the adult objecting on the minor's behalf with the required written form and assist in its proper execution. The form shall contain the date and time of its execution and become part of the minor's medical records. A copy of the form shall be immediately delivered to the minor and the adult.

Source: SL 1992, ch 189, § 19.
S.D. Codified Laws § 27B-3-26 — SD Code / Title 27B / Chapter 3 / Section 27B-3-26
County auditor to be notified of admission
Status: in_force

Upon accepting a person for admission to the South Dakota Developmental Center, the county auditor of the person's county of residence shall be notified by the facility's director.

Source: SL 2000, ch 131, § 28.
S.D. Codified Laws § 27B-3-44 — SD Code / Title 27B / Chapter 3 / Section 27B-3-44
Notice to voluntary resident of release procedures--Right to discharge
Status: in_force

Any person voluntarily entering a facility for persons with developmental disabilities shall be given oral and written notice of release procedures upon admission. Any person voluntarily entering the facility, regardless of age, has the right to discharge within twenty - four hours after request.

Source: SL 2000, ch 131, § 46.
S.D. Codified Laws § 27B-7-33 — SD Code / Title 27B / Chapter 7 / Section 27B-7-33
Time and place of hearing--Notice--Copies of order after hearing
Status: in_force

Upon receipt of a petition and reports as provided for in §§ 27B-7-27 , 27B-7-28 , and 27B-7-29 , the chair of the county review board shall:

(1) Fix a date, time, and place for a hearing within ten days, excluding Saturdays, Sundays, and holidays, of the board's receipt of the reports;

(2) Provide five days written notice, excluding Saturdays, Sundays, and holidays, of the time, date, and place of the hearing to the petitioner, to the person alleged to meet the criteria for board - ordered commitment, to the psychologist or psychiatrist completing the report, to the person's attorney, or other attorney as specified in § 27B-7-35 , to the director of any facility in which the person is being served, and to the secretary of the Department of Human Services; and

(3) Following the hearing, provide copies of all orders to the persons identified in subdivision (2).

Source: SL 2000, ch 131, § 65; SL 2002, ch 136, § 12.
S.D. Codified Laws § 27A-4-6 — SD Code / Title 27A / Chapter 4 / Section 27A-4-6
Acceptance and use of property for center--Diversion to other purposes prohibited--Restrictions on power to contract and convey real estate
Status: in_force

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. It may divert any such lands, money, or personal property to any purpose other than the one for which such lands, money, or personal property were given, devised, or bequeathed, and it may not bind the state by any contract beyond the amount of the appropriation which may at the time have been made for the purposes expressed in the contract, nor sell or convey any part of real estate belonging to such center without the consent of the Legislature. However, it may release and mortgage or convey any real estate which may be held by it as security for any money or upon any trust, the terms of which authorize such conveyance.

Source: SDC 1939, § 30.0204; SDCL § 27-4-8; SL 1989, ch 21, § 68; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-11A-1.4 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-1.4
Electronically transmitted facsimile
Status: in_force

An electronically transmitted facsimile of a document pursuant to this chapter may be filed with the board and received into evidence in the same manner and with the same effect as the original document.

Source: SL 2012, ch 149, § 30.
S.D. Codified Laws § 27A-13-16 — SD Code / Title 27A / Chapter 13 / Section 27A-13-16
Admission fee to be paid by county of residence--Amount
Status: in_force

Effective July 1, 2010, the county of residence shall pay an admission fee of six hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days.

Source: SL 1964, ch 104, § 4 (5); SDCL § 27-9-9; SL 1974, ch 186, § 2; SL 1975, ch 181, § 122; SL 1981, ch 205, § 4; SL 1991, ch 220, § 263; SL 2006, ch 148, § 1; SL 2010, ch 143, § 1.
S.D. Codified Laws § 27B-7-39.3 — SD Code / Title 27B / Chapter 7 / Section 27B-7-39.3
Request for transcript or copy--Costs
Status: in_force

A person who has been committed may request a certified transcript or, if a tape recorder is utilized, a copy of the taped testimony of the hearing. To obtain a copy, the person shall pay for a transcript or copy of the tape recorded testimony or shall file an affidavit that the person is without means to pay for such transcript or tape recording. If the affidavit is found true by the county review board, the expense of the transcript or copy of the tape recorded testimony is a charge upon the county of residence of the person or, if a nonresident of the state, upon the State of South Dakota.

Source: SL 2002, ch 136, § 19.
S.D. Codified Laws § 27A-1-10 — SD Code / Title 27A / Chapter 1 / Section 27A-1-10
Mental health setting
Status: in_force

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, residential facility, mental health center, or other entity in which a mental health professional provides diagnosis and treatment of mental and emotional disorders.

Source: SL 1995, ch 155, § 1.
S.D. Codified Laws § 27A-12-3.19 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.19
Personal appearance at hearing not compulsory--Presenting evidence
Status: in_force

The person may appear personally at any hearing and testify on his or her own behalf, but the person may not be compelled to do so. The person may subpoena and cross-examine witnesses and present evidence. If the person chooses not to appear, the person's attorney shall state on the record that the person has been informed of the hearing and of the right to appear and the person chooses not to exercise that right. Documentation of the reasons for the person's decision are not required. The court or the board of mental illness may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the patient.

Source: SL 1989, ch 237, § 6; SL 1991, ch 220, § 213; SDCL § 27A-12-11.8 ; SL 2012, ch 149, § 39.
S.D. Codified Laws § 27B-7-32.3 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.3
Costs of reopened hearing--Lien against patient not permitted
Status: in_force

The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the patient for the costs incurred in conducting any reopened hearing requested by county regarding the question of residence.

Source: SL 2002, ch 136, § 6.
S.D. Codified Laws § 27A-10-9.6 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9.6
Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition
Status: in_force

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 director or the treating physician may notify the chair of the county board of mental illness that issued the outpatient commitment or treatment order, the chair of the board where the person is located, the office of the state's attorney of the county where the person is located, and the office of the state's attorney of the county where the person is subject to the outpatient commitment or treatment order, and recommend an appropriate alternate disposition under § 27A-11A-21 or 27A-11A-22 .

Within seventy-two hours of receiving notification under this section, the state's attorney may file a petition with the board or the court for, or the chair of the board or the court may order, a supplemental hearing, or the chair of the board or the court may proceed under any other section of this title. The board or the court shall hold the hearing in accordance with the procedures specified in this title. The chair of the board or the court may order the apprehension and transportation of the person to attend the hearing.

Source: SL 2012, ch 149, § 22; SL 2020, ch 114, § 1.
S.D. Codified Laws § 27B-7-32 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32
Finding of residence
Status: in_force

If the county review board finds that a person meets the criteria in § 27B-7-37 , the board shall enter a finding, based on the criteria in § 28-13-3 , of the county of residence of the person or a finding that the person is a nonresident of this state.

Source: SL 2000, ch 131, § 64.
S.D. Codified Laws § 27A-8-10 — SD Code / Title 27A / Chapter 8 / Section 27A-8-10
Immediate discharge of adult voluntary patient after notice of intent to terminate
Status: in_force

Except as is provided in § 27A-8-10.1 , a voluntary patient eighteen years of age or over has the right to immediate discharge upon written notice of his intention to terminate inpatient treatment. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the patient with the required written form.

Source: SL 1975, ch 181, § 38; SDCL Supp, § 27-4-13.2; SL 1991, ch 220, § 56.
S.D. Codified Laws § 27B-3-27 — SD Code / Title 27B / Chapter 3 / Section 27B-3-27
Liability of admittee for maintenance costs--Federal charges
Status: in_force

Notwithstanding chapter 25-7 , if any person is admitted to a facility, only the admittee is responsible for the cost of supports and services to the extent and in the manner provided by this chapter. If the cost of supports and services is a proper charge of the federal government, the costs shall be assessed against the appropriate agency of the federal government.

Source: SL 2000, ch 131, § 29.
S.D. Codified Laws § 27A-10-9.1 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9.1
Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal
Status: in_force

Upon completion of the hearing provided in § 27A-10-8 , the board of mental illness may order the involuntary commitment of the person for an initial period not to exceed ninety days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that:

(1) The person meets the criteria in § 27A-1-2 ;

(2) The person needs and is likely to benefit from the treatment which is proposed; and

(3) The commitment is to the least restrictive treatment alternative.

The board may commit the person to the Human Services Center or a veterans' administration hospital. The board may also commit the person to a private facility or an outpatient treatment program, if that facility or program agrees to accept the commitment and if the commitment will not result in liability to any county for the cost of treating such person.

If the above findings are not made, the board shall order that the person be released. Following such release, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person chooses. The county ultimately shown to be the county of residence shall reimburse the referring county for any transportation costs. However, the provisions of chapter 28-14 do not apply. If the board orders the involuntary commitment of the person, the board shall immediately notify the person and the person's attorney of the right to appeal pursuant to § 27A-11A-25 .

Source: SL 1987, ch 198, § 17; SL 1991, ch 220, § 121; SL 1992, ch 189, § 35; SL 1995, ch 159; SL 1999, ch 143, § 4; SL 2012, ch 149, § 17.
S.D. Codified Laws § 27B-1-14 — SD Code / Title 27B / Chapter 1 / Section 27B-1-14
Purpose
Status: in_force

The purposes of this title are to enhance environments and provide supports to enable persons with developmental disabilities to achieve and maintain physical well - being, personal and professional satisfaction, participation as community members, and safety from abuse, neglect, and exploitation; and to promote and safeguard the human dignity, constitutional and statutory rights, social well - being, and general welfare of all persons with developmental disabilities in the state.

Source: SL 2000, ch 131, § 2.
S.D. Codified Laws § 27A-13-9 — SD Code / Title 27A / Chapter 13 / Section 27A-13-9
Application to pay less than applicable charge--Investigation and consideration by secretary
Status: in_force

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 pay all or a part of the applicable charge. Consideration in such determination shall be given to the following factors, and such other factors as the secretary shall agree are reasonable: net income, net worth, number of dependents, and existing obligations.

Source: SL 1964, ch 104, § 4 (3); SDCL § 27-9-6; SL 1989, ch 21, § 99; SL 1991, ch 220, § 259; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-15-5 — SD Code / Title 27A / Chapter 15 / Section 27A-15-5
Criteria for admission of minor
Status: in_force

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 serious emotional disturbance as defined in § 27A-15-1.1 ;

(2) The minor displays one or more of the following conditions:

(a) Exhibits seriously impaired contact with reality and severely impaired social, academic, and self - care functioning, whose thinking is frequently confused, whose behavior may be grossly inappropriate and bizarre, and whose emotional reactions are frequently inappropriate at the situation;

(b) Manifests long - term behavior problems or suicidal behavior; or

(c) Suffers from severe anxiety, depression, irrational fears and concerns whose symptoms may be exhibited as serious eating and sleeping disturbances, extreme sadness of suicidal proportion, maladaptive dependence on parents, or avoidance of nonfamilial social contact;

(3) The minor needs and is likely to benefit from inpatient treatment at the facility;

(4) The facility has determined that:

(a) Reasonable efforts have been made to provide for the mental health treatment needs of the minor through the provision of less restrictive treatment alternatives to inpatient treatment;

(b) Such alternatives have failed to meet the treatment needs of the minor; or

(c) The condition of the minor is such that less restrictive treatment alternatives are unlikely to meet the mental health treatment or diagnostic needs of the minor; and

(5) The parent has exercised an informed consent to inpatient treatment of the minor.

Source: SL 1991, ch 220, § 295; SL 1994, ch 255, § 3.
S.D. Codified Laws § 27A-15-36 — SD Code / Title 27A / Chapter 15 / Section 27A-15-36
Procedure if hearing to be held--Alternative treatment
Status: in_force

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 availability and appropriateness of treatment alternatives including treatment programs other than inpatient treatment. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not considered appropriate. If the board determines that an alternative to inpatient treatment is appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in § 27A-15-37 .

Source: SL 1991, ch 220, § 326; SL 1992, ch 189, § 24.
S.D. Codified Laws § 27A-12-1.2 — SD Code / Title 27A / Chapter 12 / Section 27A-12-1.2
Commitment not conclusive on competence
Status: in_force

Notwithstanding any other provision of law, no person may be deemed incompetent to manage his affairs, to contract, to hold professional, occupational, or other licenses, to marry and obtain a divorce, to register and vote, to make a will, or to exercise any other rights or privileges accorded to citizens of South Dakota solely by reason of his detention, admission, or commitment under this title.

Source: SL 1975, ch 181, § 44; SDCL Supp, § 27-2-6; SL 1991, ch 220, § 169; SDCL, § 27A-12-5 .
S.D. Codified Laws § 27A-14-1.2 — SD Code / Title 27A / Chapter 14 / Section 27A-14-1.2
Release by Human Services Center administrator prior to hearing--Transportation
Status: in_force

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. Following such release, the referring county shall provide the person with transportation to the county where he was taken into custody if the person so chooses.

Source: SL 1991, ch 220, § 287.
S.D. Codified Laws § 27A-6-5 — SD Code / Title 27A / Chapter 6 / Section 27A-6-5
Consultation with family and county board before transfer of patient to another state
Status: in_force

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 county board of mental illness.

Source: SL 1959, ch 302, § 5; SDC Supp 1960, § 55.5805; SDCL, § 27-19-5.
S.D. Codified Laws § 27A-12-1.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-1.1
"Person" defined
Status: in_force

For the purpose of this chapter, the term "person" means any individual subject to the authority of this title, either on a voluntary or involuntary basis.

Source: SL 1991, ch 220, § 167.
S.D. Codified Laws § 27B-2-26 — SD Code / Title 27B / Chapter 2 / Section 27B-2-26
Standards for community service providers, South Dakota Developmental Center-Redfield, and other nonpublic facilities, services, and supports--Rules
Status: in_force

The secretary of the Department of Human Services shall promulgate, pursuant to chapter 1-26 , reasonable and necessary rules establishing standards for community service providers, South Dakota Developmental Center--Redfield, and other nonpublic facilities, services, and supports for persons with developmental disabilities and for services and supports to be provided or purchased by the Department of Human Services under this title. Such rules shall be adopted in the following areas:

(1) Staff requirements, to include orientation, continuing staff development, instruction on positive behavioral supports and medication administration;

(2) Administration, audit requirements, and record keeping;

(3) Services and supports provided;

(4) Client rights and safety;

(5) Facility fire safety and sanitation requirements;

(6) Respite care;

(7) Family support;

(8) Preadmission Screening/Annual Resident Review (PASARR);

(9) Such other standards and requirements as are necessary for federal financial participation; and

(10) Any other services and supports necessary to implement this title.

Source: SL 2000, ch 131, § 13.
S.D. Codified Laws § 27A-15-15.3 — SD Code / Title 27A / Chapter 15 / Section 27A-15-15.3
Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest
Status: in_force

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 minor and inform the minor of the date, time and place of the hearing. In no case shall the minor's attorney be a person who, in the previous two years, has advised or represented the person who admitted the minor or who would otherwise have a conflict of interest.

Source: SL 1992, ch 189, § 20A.
S.D. Codified Laws § 27B-7-32.6 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.6
Presentation of evidence--Burden of proof--Filing of finding
Status: in_force

Any county adversely interested or the attorney general may present evidence to establish the residence of the person at the reopened hearing. The board shall then determine, by a preponderance of evidence, whether the person is a resident of a particular county or whether the patient is not a resident of the state and shall affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and copies thereof mailed to the director of the facility or program where the person is undergoing treatment and to the auditor of any county found to be the residence of the person or to the attorney general if the person is found not to be a resident of the state.

Source: SL 2002, ch 136, § 9.
S.D. Codified Laws § 27B-7-32.7 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.7
Costs of reopened hearing--Reimbursement by county or state
Status: in_force

The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence or if a nonresident of the state, by the State of South Dakota.

Source: SL 2002, ch 136, § 10.
S.D. Codified Laws § 27A-15-47 — SD Code / Title 27A / Chapter 15 / Section 27A-15-47
Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older
Status: in_force

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 written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose.

Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance. The informed consent of the minor and the minor's parent, legal guardian, or custodian and the treating psychiatrist's determination shall become part of the minor's medical records. The failure to obtain the informed consent of the minor shall be treated as a refusal of treatment pursuant to § 27A-15-48 .

Source: SL 1991, ch 220, § 337; SL 1992, ch 189, § 28; SL 1993, ch 213, § 129; SL 1995, ch 164, § 2; SL 2013, ch 122, § 10.
S.D. Codified Laws § 27A-11A-19 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-19
Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses
Status: in_force

No person who is under an order of involuntary commitment may be transferred to a more restrictive treatment facility without, prior to the transfer, a hearing before the board of mental illness which committed the person. A petition for transfer shall be filed with the chair of the board. The person shall have at least five days notice of the hearing and has the right to be represented by an attorney. At the time of the notice, the board chair shall appoint an attorney to represent the person if that person has not retained counsel.

If transfer to the more restrictive treatment facility is necessary to prevent the immediate danger of physical harm to the person or others, the transfer may be authorized by the chair of the board pending the hearing. The hearing shall be held within five days of the initiation of the transfer, 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.

Upon completion of the hearing, if the board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the proposed transfer meets the criteria in § 27A-10-9.1 , the board may authorize the transfer pursuant to the initial commitment order. The transfer hearing does not substitute for the review hearings to which the person would otherwise be entitled under §§ 27A-10-14 and 27A-10-15 .

The county board of mental illness authorizing a transfer under this section may authorize the sheriff of the county from which the person was initially committed to transfer the person at the expense of the county. The sheriff shall be paid no per diem but only mileage as allowed by law.

Source: SDC 1939, § 30.0113 as added by SL 1945, ch 126; SDCL, § 27-7-24; SL 1991, ch 220, §§ 155, 156; SDCL, § 27A-9-25; SL 1997, ch 164, § 3.
S.D. Codified Laws § 27A-13-12 — SD Code / Title 27A / Chapter 13 / Section 27A-13-12
Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments
Status: in_force

No person is liable for the cost of the care, support, maintenance, and treatment of any patient except as provided in this title, but the amounts determined to be due under this title and unpaid at the time of the death of a patient or responsible person shall constitute a claim against the estate of such patient or legally responsible person. The Department of Social Services may accept voluntary payments on behalf of any patient from any person who is not liable for payments under this title.

Source: SL 1975, ch 181, § 116; SDCL Supp, § 27-9-8.1; SL 1989, ch 21, § 102; SL 1991, ch 220, § 261; SL 1992, ch 189, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-8-11 — SD Code / Title 27A / Chapter 8 / Section 27A-8-11
, 27A-8-11.1. Repealed
Status: repealed

27A-8-11.2 . Commitment of voluntary patient who has not applied for release--Reasons.

27A-8-12 , 27A-8-13. Repealed.

27A-8-14 . Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards.

27A-8-15 . Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form.

27A-8-16 . Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission.

27A-8-17 . Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent.

27A-8-18 . Repealed.

27A-8-18.1 . Substituted informed consent.

27A-8-19 . Substituted informed consent by next of kin--Court hearing.
S.D. Codified Laws § 27B-3-41 — SD Code / Title 27B / Chapter 3 / Section 27B-3-41
Payments deposited in general fund
Status: in_force

Any payments made in accordance with this chapter for the supports and services of persons at the South Dakota Developmental Center shall be deposited in the general fund.

Source: SL 2000, ch 131, § 43.
S.D. Codified Laws § 27A-13-22.1 — SD Code / Title 27A / Chapter 13 / Section 27A-13-22.1
Refund with interest by county of residence of expenses incurred by attorney general
Status: in_force

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.
S.D. Codified Laws § 27A-4-11 — SD Code / Title 27A / Chapter 4 / Section 27A-4-11
Receipt of patient from State Veterans' Home--Expenses paid by state
Status: in_force

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 of such expenses.

Source: SDC 1939, § 30.0117; SL 1953, ch 179; SL 1965, ch 147; SDCL, § 27-4-14; SL 1991, ch 220, § 15.
S.D. Codified Laws § 27A-13-22 — SD Code / Title 27A / Chapter 13 / Section 27A-13-22
Expenses paid by county reimbursed by county of residence
Status: in_force

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 residence and shall be allowed and paid the same as other claims. Expenses incurred by one county on account of a mentally ill person whose residence is not in this state shall be refunded with lawful interest thereon by the state and shall be presented to the state auditor and allowed and paid the same as other claims.

Source: SDC 1939, § 30.0213; SDCL, § 27-9-20; SL 1976, ch 173, § 31; SL 1986, ch 227, § 13.
S.D. Codified Laws § 27A-15-23 — SD Code / Title 27A / Chapter 15 / Section 27A-15-23
Educational programming
Status: in_force

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.
S.D. Codified Laws § 27A-13-3.1 — SD Code / Title 27A / Chapter 13 / Section 27A-13-3.1
Human Services Center to maintain billing statement for each patient--Determination of ability to pay--Costs assessed patient or state
Status: in_force

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 determine the patient or legally responsible person or agency's ability to pay such charges considering such factors as the person's financial ability to pay and the availability of commercial insurance or other third-party payors. If the center determines that the patient or legally responsible person or agency is able to pay the total service charge, the charge shall be assessed and collected by the Human Services Center. If the center determines that the patient or legally responsible person lacks the ability to pay the total service charge based upon the before-mentioned considerations, the patient's account shall be assessed to the state.

Source: SL 1999, ch 142, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-11A-25 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-25
Appeal of final order--Costs for indigent person
Status: in_force

A person may appeal a final order of a county board of mental illness pursuant to any hearing or review conducted under this title. In the case of a minor, or a person for whom the guardian has been appointed, such right to appeal may be exercised on behalf of the person by an attorney. The person shall be advised of this right upon the termination of any proceedings, both verbally and in writing. The appeal shall be conducted in accordance with the provisions of chapter 1-26 .

None of the rights granted in this section may be denied due to a person's inability to pay for costs and fees incurred in such proceedings. The board of county commissioners of the county where an indigent person has residence shall provide for the cost of representation of the person through the conclusion of actions brought under this section.

Source: SL 1991, ch 220, § 162; SL 1999, ch 143, § 9.
S.D. Codified Laws § 27A-11A-15 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-15
Attorney general notified of findings as to nonresidency in state
Status: in_force

If a person is found at an initial or reopened hearing not to be a resident of the state, the board of mental illness shall forward to the attorney general a copy of its findings and a summary of the proofs upon which the findings are based.

Source: SL 1986, ch 227, § 4; SL 1991, ch 220, § 151; SDCL Supp, § 27A-9-18.3.
S.D. Codified Laws § 27A-12-3.5 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.5
Discharge not conditioned on labor--Compensation exempt from facility charges
Status: in_force

In no event may discharge be conditioned upon the completion of any labor performed under § 27A-12-3.4 , and one - half of any compensation paid to the person shall be exempt from collection for payment for services rendered by the facility.

Source: SL 1975, ch 181, § 23; SDCL Supp, § 27-7-67; SL 1991, ch 220, § 182; SDCL, § 27A-12-24.
S.D. Codified Laws § 27A-1-15 — SD Code / Title 27A / Chapter 1 / Section 27A-1-15
Content of contract for treatment
Status: in_force

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 costs of services;

(3) Establish responsibility for the costs of transporting individuals receiving services under §§ 27A-1-12 to 27A-1-17 , inclusive;

(4) Establish responsibility for the transportation of individuals under §§ 27A-1-12 to 27A-1-17 , inclusive;

(5) Specify the duration of the contract;

(6) Specify the means of terminating the contract;

(7) Specify the terms and conditions for refusal to admit or retain an individual; and

(8) Identify the goals to be accomplished by the placement of an individual under §§ 27A-1-12 to 27A-1-17 , inclusive.

Source: SL 2004, ch 184, § 4.
S.D. Codified Laws § 27B-7-29 — SD Code / Title 27B / Chapter 7 / Section 27B-7-29
Board to notify department of petition--Department to prepare report--Filing
Status: in_force

The chair of the county review board shall give written notice of the petition to the Department of Human Services which shall prepare a report containing a review of the person's supports and service needs and a recommendation as to appropriate service locations. The reports shall be filed with the county review board within ten working days from receipt of the written notice from the board ordering the examination and report.

Source: SL 2000, ch 131, § 61; SL 2002, ch 136, § 3.
S.D. Codified Laws § 27B-7-45 — SD Code / Title 27B / Chapter 7 / Section 27B-7-45
Right of appeal of hearing or review--Person to be advised of right--Appeal procedures--Rights not to be denied on grounds of indigency
Status: in_force

A person may, within thirty days, appeal a final order of a county review board pursuant to any hearing or review conducted under this title. In the case of a minor, or a person for whom a guardian has been appointed, the right to appeal may be exercised on behalf of the person. The person shall be advised both verbally and in writing of this right at the conclusion of any proceedings. The appeal shall be conducted in accordance with the provisions of chapter 1-26 .

None of the rights granted in this section may be denied due to a person's inability to pay for costs and fees incurred in such proceedings. The county of residence, or the State of South Dakota if a nonresident of the state, shall provide for the cost of representation of the person through the conclusion of actions brought under this section.

Source: SL 2000, ch 131, § 77; SL 2002, ch 136, § 22.
S.D. Codified Laws § 27A-11A-1.5 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-1.5
Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered--Exceptions
Status: in_force

Nothing in the provisions of §§ 27A-11A-1.1 to 27A-11A-1.4 , inclusive, alters any statute, rule, standard, or practice for accepting documents for filing or admitting documents as evidence, except with respect to:

(1) The manner of making written statements under oath or affirmation or by verified affidavit;

(2) The acceptability of electronically transmitted facsimile copies; and

(3) The acceptability of electronic signatures.

Subsections (1) and (2) of this section address only the acceptability of documents obtained from an entity's electronic records system and does not determine whether the board is required or permitted to accept electronic filing of documents.

Source: SL 2012, ch 149, § 31.
S.D. Codified Laws § 27A-13-18 — SD Code / Title 27A / Chapter 13 / Section 27A-13-18
County claim that patient is improperly charged to county--Investigation and determination by attorney general--Notice to state and county officers
Status: in_force

If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of residence in the manner provided in this title, the state's attorney or county commissioners of the county may notify the attorney general that the patient is a proper charge against another county. Upon receipt of such notice, the attorney general shall notify the clerk of courts of the committing county to file, within thirty days from the date of such notification, a summary of the proofs upon which such findings are based and the record of any initial or reopened commitment hearing on the patient. The attorney general shall determine from review of such records, which county should be charged. The attorney general shall notify the county auditor of the contesting county, the auditor of the county of residence, and the clerk of courts of the committing county and the administrator of the Human Services Center of his determination. Thereafter the administrator shall charge for treatment according to the determination of the attorney general.

Source: SDC 1939, § 30.0215; SL 1939, ch 117; SDCL, § 27-9-22; SL 1984, ch 12, § 34; SL 1984, ch 30, § 28; SL 1986, ch 227, § 8; SL 1991, ch 220, § 264.
S.D. Codified Laws § 27B-7-35 — SD Code / Title 27B / Chapter 7 / Section 27B-7-35
Participation by state's attorney
Status: in_force

The state's attorney of the county in which a county review board is meeting shall participate, either in person or by assistant, in hearings convened by the board under this chapter.

Source: SL 2000, ch 131, § 67.
S.D. Codified Laws § 27A-15-21 — SD Code / Title 27A / Chapter 15 / Section 27A-15-21
Written comprehensive individualized treatment plan--Basis for plan
Status: in_force

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 appropriate qualified mental health professionals including a psychiatrist, and has been explained to the minor and to the parent, guardian, or other legal custodian consenting to the admission.

The treatment plan shall be based on a diagnostic evaluation that includes examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation and reflects the need for inpatient treatment. The plan shall be designed to maximize each person's development and acquisition of perceptual skills, social skills, self - direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the minor lives and to achieve the minor's discharge from inpatient treatment at the earliest appropriate time. The plan shall include specific behavioral, emotional, and other treatment goals against which the success of treatment may be measured and shall prescribe an integrated program of therapies, experiences, and activities, including recreational and play opportunities in the open air, designed to meet the goals. No plan may consist solely of chemical therapy unless supported by sufficient psychiatric and medical opinion. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with the minor's ability to understand and participate, and the minor's family shall be involved to the maximum extent consistent with the minor's treatment needs. The plan shall include post - discharge plans for placement and aftercare as provided in § 27A-15-27 .

Source: SL 1991, ch 220, § 311; SL 2000, ch 129, § 22.
S.D. Codified Laws § 27A-12-32 — SD Code / Title 27A / Chapter 12 / Section 27A-12-32
Disclosure by recipient of confidential information
Status: in_force

Any person receiving confidential information pursuant to § 27A-12-25 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was obtained.

Source: SL 1975, ch 181, § 13; SDCL Supp, § 27-7-65; SL 1991, ch 220, §§ 240, 241.
S.D. Codified Laws § 27B-7-30 — SD Code / Title 27B / Chapter 7 / Section 27B-7-30
Disclosure of information
Status: in_force

If requested, information shall be disclosed:

(1) Pursuant to orders or subpoenas of a court of record or subpoenas of the Legislature or chair of the county review board;

(2) To a prosecuting or defense attorney or to a qualified developmental disabilities professional as necessary for participation in a proceeding governed by this title;

(3) To an attorney representing a person who is presently subject to the authority of this title or who has been discharged if that person has given consent;

(4) If necessary in order to comply with another provision of law;

(5) To the Department of Human Services if the information is necessary to enable the Department of Human Services to discharge a responsibility placed upon it by law; or

(6) To a state's attorney or the attorney general for the purpose of investigation of an alleged criminal act either committed by or upon a person with a developmental disability.

Source: SL 2000, ch 131, § 62; SL 2013, ch 125, § 9.
S.D. Codified Laws § 27B-10-7 — SD Code / Title 27B / Chapter 10 / Section 27B-10-7
Commitment hearing--Civil procedure--Judicial authority
Status: in_force

The sections of title 15 relating to civil practice and procedure in the circuit courts shall apply to any hearing pursuant to this chapter. If not otherwise submitted during the hearing, the court may take judicial notice of any other case against the person whose condition is the subject of the hearing, involving sexual offenses, and may order any additional appropriate examination or investigation.

Source: SL 2023, ch 92, § 7.
S.D. Codified Laws § 27B-3-22 — SD Code / Title 27B / Chapter 3 / Section 27B-3-22
Adults eligible for voluntary admission
Status: in_force

Any person who is eighteen years of age or older and who has a developmental disability may be admitted to the South Dakota Developmental Center on a voluntary admission basis in accordance with procedures established by the Department of Human Services if an application for admission has been executed by the person with a developmental disability, if the person is competent to do so, or by the person's guardian.

Source: SL 2000, ch 131, § 24.
S.D. Codified Laws § 27B-3-38 — SD Code / Title 27B / Chapter 3 / Section 27B-3-38
Appeal to circuit court from attorney general's determination
Status: in_force

If any county is dissatisfied with the determination of the attorney general, the county may appeal to the circuit court.

Source: SL 2000, ch 131, § 40.
S.D. Codified Laws § 27B-3-42 — SD Code / Title 27B / Chapter 3 / Section 27B-3-42
Transfer of resident from state facility to another--Notice before transfer--Emergency transfer
Status: in_force

Any person in a state facility may be transferred to any other state or private facility if the person would benefit from the treatment offered at the facility. A transfer may only be made with the mutual consent of both facilities or agencies. No transfer may occur until all reasonable efforts have been made to consult with the person and the person's nearest relative or guardian. However, the transfer may be effected earlier if necessitated by an emergency. If an emergency situation arises, the required notice shall be given as soon as possible thereafter.

Source: SL 2000, ch 131, § 44.
S.D. Codified Laws § 27B-10-6 — SD Code / Title 27B / Chapter 10 / Section 27B-10-6
Sheriff and witness fees
Status: in_force

In proceedings under this chapter, the sheriff is allowed the same fee as for like services in other cases. Any witness is allowed the same fees as a witness in other cases.

Source: SL 2023, ch 92, § 6.
S.D. Codified Laws § 27B-3-48 — SD Code / Title 27B / Chapter 3 / Section 27B-3-48
Notice to law enforcement officers of absence of resident without authority--Detention and return to facility
Status: in_force

The South Dakota Developmental Center shall notify the Spink County sheriff and state radio communications of any unauthorized absence from the facility. Any law enforcement officer knowing the whereabouts of any person absent from the facility shall detain the absent person and immediately notify both the South Dakota Developmental Center and the Spink County sheriff. The South Dakota Developmental Center shall arrange for the return of the person with a developmental disability to the facility within forty - eight hours thereafter.

Source: SL 2000, ch 131, § 50.
S.D. Codified Laws § 27A-4-17.2 — SD Code / Title 27A / Chapter 4 / Section 27A-4-17.2
Disbursement of unclaimed funds after satisfaction of indebtedness
Status: in_force

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 proper claim shall disburse the funds to the veterans administration;

(2) If the patient has been a medicaid recipient, the administrator shall notify the Department of Social Services of the balance and the date of the death, on forms provided by the Department of Social Services. Upon receiving a valid claim, the funds shall be disbursed to the Department of Social Services with the center not responsible for any further claims;

(3) If any funds remain, in the sum of three hundred dollars or more, the administrator shall hold it for the benefit of the county legally obligated for the care of the patient for the purpose of satisfying any lien of the county against the patient;

(4) If the county waives or fails to commence proceedings on its lien within six months from the date of the death, the funds shall be made available to other creditors on a prorata basis; and

(5) If none of the above apply, or if no proceeding of probate or administration of the estate is commenced within six months from the time of giving the notice as required in § 27A-4-17 , or if there are no heirs to the estate, the amount on deposit at the center, notwithstanding chapter 21-36 , shall escheat to the center's patient benefit fund.

Source: SL 1996, ch 181, § 5.
S.D. Codified Laws § 27A-15-42 — SD Code / Title 27A / Chapter 15 / Section 27A-15-42
Additional review hearings--Rights, procedures, and findings
Status: in_force

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 notice, a review hearing in addition to the statutory review hearings provided in § 27A-15-41 , to determine whether the minor continues to meet the criteria in § 27A-15-37 . The rights, procedures, and findings required in § 27A-15-41 shall apply to such additional review hearing. No temporary periods of involuntary commitment may be authorized.

Source: SL 1991, ch 220, § 332.
S.D. Codified Laws § 27A-10-7.1 — SD Code / Title 27A / Chapter 10 / Section 27A-10-7.1
Chairman to make final determination where person voluntarily admits himself
Status: in_force

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 shall make the final determination.

Source: SL 1987, ch 198, § 16; SL 1988, ch 216, § 6; SL 1991, ch 220, § 117.
S.D. Codified Laws § 27A-13-6 — SD Code / Title 27A / Chapter 13 / Section 27A-13-6
County payments for indigent voluntary patients entitled to poor relief--Residency not admitted by payment
Status: in_force

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 pursuant to chapter 28-13 and if such payments are based upon a statement by the administrator of the South Dakota Human Services Center that it would be in the best interests of such person that such person be kept at such hospital. In the event of a dispute as to a patient's residency, no payments made by any county constitute an admission that a patient has a residency within such county.

Source: SDC 1939, § 30.0115 as added by SL 1961, ch 153; SL 1964, ch 104, § 8; SDCL, § 27-9-26; SL 1976, ch 173, § 33; SL 1977, ch 211, § 4; SL 1991, ch 220, § 257.
S.D. Codified Laws § 27A-10-9.3 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9.3
Least restrictive treatment alternative
Status: in_force

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 , which shall control to the extent of any procedural conflicts contained in chapter 27A-12 or 34-20A .

Source: SL 2012, ch 149, § 19.
S.D. Codified Laws § 27A-11A-7 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-7
Assignment of counsel to represent alleged mentally ill person--Time allowed
Status: in_force

If upon the completion of the evaluation required in § 27A-10-6 it is determined that a hearing shall be held and the alleged mentally ill person has not or cannot employ his own counsel, the chairman of the board of mental illness where the hearing is to be held shall immediately assign counsel to represent the interests of the person. In no instance may a person not be represented by counsel.

Source: SL 1974, ch 182, § 5; SDCL Supp, §§ 27-7-2.1, 27-7-2.6; SL 1975, ch 181, § 87; SL 1991, ch 220, § 143; SDCL, § 27A-9-8.
S.D. Codified Laws § 27A-13-25 — SD Code / Title 27A / Chapter 13 / Section 27A-13-25
Administrator's report to county of patients discharged--Notice to county auditor
Status: in_force

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 residence is found to be shall be notified at once of all patients on county billings who are discharged, who are on unauthorized leave, or who have died.

Source: SDC 1939, § 30.0214; SDCL, § 27-9-19; SL 1976, ch 173, § 30; SL 1987, ch 198, § 23.
S.D. Codified Laws § 27B-3-37 — SD Code / Title 27B / Chapter 3 / Section 27B-3-37
County assertion that person with developmental disability not a proper charge--Notice to file proofs--Investigation by attorney general--Notice of determination
Status: in_force

If the administrator of a facility has cared for or maintained a person with a developmental disability from a county and the state's attorney or the county commissioners of the county claim that the person is not a proper charge against the county, the state's attorney or the county commissioners shall notify the attorney general that the person in the facility is a proper charge against another county, or against the state if the person in the facility is not a resident of the state. The attorney general shall notify the county auditor of the county to file any proof within thirty days from the date of such notification. Upon receipt of such, the attorney general shall investigate the location of the residence of the person in the facility to determine if a county and which county should be charged. The attorney general shall notify the county auditor and the director of the South Dakota Developmental Center of the determination. Thereafter, the administrator shall charge for supports and services according to the determination of the attorney general.

Source: SL 2000, ch 131, § 39.
S.D. Codified Laws § 27B-8-37 — SD Code / Title 27B / Chapter 8 / Section 27B-8-37
Religious rights
Status: in_force

No person with a developmental disability may be required to perform any act or is subject to any procedure which is contrary to the person's religious beliefs, and each person has the right to practice personal religious beliefs and to be accorded the opportunity for religious worship. No person may be coerced into engaging in or refraining from any religious activity, practice, or belief.

Source: SL 2000, ch 131, § 82.
S.D. Codified Laws § 27B-7-34 — SD Code / Title 27B / Chapter 7 / Section 27B-7-34
Procedure governing hearings
Status: in_force

Hearings convened pursuant to this title shall be governed by the rules of evidence.

Source: SL 2000, ch 131, § 66; SL 2002, ch 136, § 13.
S.D. Codified Laws § 27A-10-7 — SD Code / Title 27A / Chapter 10 / Section 27A-10-7
Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met
Status: in_force

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 where the person was taken into custody if the person so chooses. These costs are subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the transportation expenses. If the chair of the county board finds, as a result of the examination required in § 27A-10-6 and an investigation of the petition for emergency intervention that the person meets the criteria in § 27A-1-2 , the chair may order that the person continue to be detained in an appropriate regional facility including, if necessary, the center, pending the hearing required in § 27A-10-8 . No lien may be placed against the person for the costs associated with detainment pending the hearing.

Source: SL 1974, ch 184, § 7; SL 1975, ch 181, § 109; SDCL Supp, § 27-7A-8; SL 1991, ch 220, § 116; SL 2000, ch 129, § 8.
S.D. Codified Laws § 27B-2-23 — SD Code / Title 27B / Chapter 2 / Section 27B-2-23
Application by person with developmental disability for departmental services
Status: in_force

Any person with a developmental disability or any other interested person may make application for department services by contacting in person or in writing any official state or field office of the Department of Human Services and participating in an evaluation which may include mental, physical, and educational assessments so that the department may determine if services are needed.

Source: SL 2000, ch 131, § 10.
S.D. Codified Laws § 27A-11A-22 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-22
Unsuccessful treatment--Hearing--Modification of treatment
Status: in_force

If at any time while a person is under an order of commitment it comes to the attention of the board of mental illness that the program of treatment has not been successful, the board shall conduct a hearing within five days, 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 person shall be represented by counsel and the person and the counsel shall be given at least five days notice of the hearing. If the board finds that the program of treatment has not been successful, it shall modify the original order and direct the person to undergo an alternative program of treatment if consistent with the criteria in § 27A-10-9.1 .

If at any time while the person is under an order of commitment the administrator, facility director, or program director determines that the program of treatment has not been successful, the administrator, facility director, or program director shall notify the board of mental illness of that fact.

Source: SL 1975, ch 181, § 92; SDCL § 27-7-19.2; SL 1991, ch 220, § 159; SDCL § 27A-9-29; SL 1997, ch 164, § 4; SL 2012, ch 149, § 26.
S.D. Codified Laws § 27A-11A-6 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-6
Sheriff's and witnesses' fees
Status: in_force

The sheriff shall be allowed the same fee as for like services in other cases. The witnesses shall be allowed the same fees as the witnesses in the circuit court.

Source: SDC 1939, § 30.0120; SL 1951, ch 155; SL 1959, ch 174, § 1; SL 1961, ch 154; SL 1963, ch 202; SDCL, § 27-6-10; SL 1991, ch 220, § 142; SDCL, § 27A-9-7.
S.D. Codified Laws § 27A-15-15.2 — SD Code / Title 27A / Chapter 15 / Section 27A-15-15.2
Filing written objection--Notice of right to counsel--Hearing--Possible discharge
Status: in_force

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, the administrator or facility director shall immediately notify the minor both orally and in writing of the following:

(1) The right to immediately contact a person of the minor's choosing;

(2) The right to immediately contact and be represented by counsel;

(3) That the minor will be examined by a qualified mental health professional, designated by the chair of the county board, within twenty - four hours to determine whether inpatient treatment should continue; and

(4) The right, if inpatient treatment is continued, to an independent examination as accorded in § 27A-11A-9 and to a hearing within five days of the execution of the written 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 time period.

The notice shall also be given forthwith to the chair of the county board.

Inpatient treatment of the minor may continue pending the hearing by the county board of mental illness. The facility may discharge the minor prior to the hearing upon a determination that the minor no longer meets the criteria in § 27A-15-5 . If the minor is discharged, the hearing need not be held.

Source: SL 1992, ch 189, § 20; SL 1997, ch 164, § 5.
S.D. Codified Laws § 27A-10-2 — SD Code / Title 27A / Chapter 10 / Section 27A-10-2
Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses
Status: in_force

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 § 27A-10-1 to an appropriate regional facility other than the Human Services Center. No jail may be used for prehearing custody until the availability of other appropriate regional facilities has been explored and exhausted. No person may be held in a jail for longer than twenty - four hours on a mental illness hold alone.

If the alleged mentally ill person is a nonresident of the state, the Human Services Center may be used as an appropriate regional facility. If a nonresident of the state is transported to the Human Services Center, the State of South Dakota shall pay any expenses and costs provided for in this title as the responsibility of the county of residence, subject to any right of reimbursement. If the Human Services Center is not utilized for a nonresident of the state, the referring county shall pay any expenses and costs provided for in this title as the responsibility of the county of residence, subject to any right of reimbursement.

If the facility to which the person is transported is in a county served by another board of mental illness, a copy of the petition shall be forthwith filed with the chair of such board. The referring county shall pay any expenses incurred in apprehension and transportation of the person, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the costs incurred in the apprehension or transportation of the person.

Source: SL 1974, ch 184, § 3; SL 1975, ch 181, § 107; SDCL Supp, § 27-7A-3; SL 1988, ch 216, § 5; SL 1991, ch 220, § 111; SL 1999, ch 143, § 1; SL 2000, ch 129, § 4.
S.D. Codified Laws § 27B-7-49 — SD Code / Title 27B / Chapter 7 / Section 27B-7-49
Crime of assisting in escape of involuntarily committed person--Penalties
Status: in_force

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 South Dakota Developmental Center, through acts or omission, is guilty of a Class 6 felony. Any other person who knowingly and intentionally allows or assists in the escape or release of an involuntarily committed person from the South Dakota Developmental Center, through acts or omission, is guilty of a Class 1 misdemeanor.

The term, escape, or, release, as used in this section includes departure without lawful authority or failure to return to custody following a temporary leave granted for a specific purpose or limited period.

Source: SL 2001, ch 148, § 2.
S.D. Codified Laws § 27A-12-3.17 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.17
Compensation of appointed attorney by county of residence
Status: in_force

The attorney appointed by a court or board to represent the interests of the person shall be paid by the person's county of residence. The attorney shall be compensated for the attorney's reasonable services and for necessary expenses incurred incident to the proceedings at the rate fixed by the circuit court and in an amount approved by the court or the board.

Source: SL 1989, ch 237, § 5; SL 1991, ch 220, § 211; SDCL Supp, § 27A-12-11.7 ; SL 2012, ch 149, § 38.
S.D. Codified Laws § 27A-4-14 — SD Code / Title 27A / Chapter 4 / Section 27A-4-14
Transfer of patients to other facilities, programs, or agencies
Status: in_force

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, the person would benefit from treatment received at the facility. The transfer of the person and the commitment may only be made by mutual consent of each facility, program, or agency. The administrator of the Human Services Center shall furnish all appropriate information concerning the patient, with or without consent, to the receiving facility, program, or agency. All charges for treatment at the facility, program, or agency shall be made in accordance with the provisions of this title.

Source: SL 1974, ch 183, § 12; SL 1975, ch 181, § 56; SDCL Supp, § 27-4-11.1; SL 1987, ch 198, § 3; SL 1991, ch 220, § 18; SL 1995, ch 156; SL 2012, ch 149, § 8.
S.D. Codified Laws § 27A-12-3.14 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.14
Service of petition and notice of hearing--Content--Appointment of counsel--Hearing
Status: in_force

Copies of the petition and notice of hearing shall be personally served by the sheriff or an elector of any state not a party to the action that is specifically designated by the court or board on the person immediately upon the filing of the petition but no less than five calendar days before the hearing. The notice of hearing shall include the following:

(1) Notice of the time, date, and place of hearing and directing the person to appear in person;

(2) Notice of the person's right to be represented by an attorney at the person's own expense or appointed by the court if the person is indigent;

(3) Notice of the person's right to seek an opinion of an independent psychiatrist at the person's own expense or at the expense of the person's county of residence if the person is indigent; and

(4) Notice that the costs of any post-commitment proceedings, treatment, medication, and any hearing related to the medication, any post-commitment proceeding, including a habeas corpus proceeding, the costs of compensation for the attorney appointed to represent the person, and any other costs associated with any post-commitment proceeding, are that person's responsibility, and that a lien for the amount of these costs may be filed upon the person's real and personal property to insure payment.

Upon the filing of the petition the court or board shall immediately appoint counsel for the person if counsel has not been retained. A date shall be set for the hearing within fifteen days of the filing of the petition, and this hearing shall be a priority on the court or board calendar. Allowance for any additional time shall be limited to one seven-day continuance, and shall be restrictively granted, only upon a showing of good cause for delay.

Source: SL 1989, ch 237, § 4; SL 1990, ch 201; SL 1991, ch 220, § 200; SDCL Supp, § 27A-12-11.6; SL 1995, ch 162, § 2; SL 2001, ch 149, § 1; SL 2012, ch 149, § 35; SL 2014, ch 130, § 2.
S.D. Codified Laws § 27B-1-17 — SD Code / Title 27B / Chapter 1 / Section 27B-1-17
Definitions
Status: in_force

Terms used in this title mean:

(1) "Aversive intervention technique," the application, contingent upon the exhibition of a maladaptive behavior, of extremely unpleasant, startling, or painful stimuli that have a potentially noxious effect;

(2) "Behavior intervention program," a written set of instructions for changing or modifying the behavior of a person with a developmental disability that specifies behavior objectives for completion, procedures to implement behavior objectives, and data collection procedures and is written to increase desirable behaviors or decrease undesirable behaviors;

(3) "Community services provider," any person or entity, whether for-profit or not-for-profit, which receives compensation for providing services to persons with developmental disabilities;

(4) "Community support provider," any nonprofit facility that is certified by the department to provide prevocational or vocational training, residential training, and other supports and services as needed by persons with developmental disabilities;

(5) "Danger to others," behavior which supports a reasonable expectation that the person will inflict serious physical injury upon another person in the very near future. Such behavior shall be evidenced by recent acts which constitute a danger of serious physical injury to another person. Such acts may include a recently expressed threat if the threat is such that, if considering its context or person's recent previous acts, it is substantially supportive of an expectation that the threat will be carried out;

(6) "Danger to self," recent behavior or related physical conditions which show there is a danger of serious personal harm in the very near future as evidenced by an inability to provide for some basic human needs such as food, clothing, shelter, physical health, or personal safety;

(7) "Department," the Department of Human Services;

(8) "Destructive behavior," behavior that presents a danger to self or a danger to others;

(9) "Director," the director of the South Dakota Developmental Center or a community service provider;

(10) "Facility," the South Dakota Developmental Center in Redfield, South Dakota;

(11) "Informed consent," written consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion, after explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;

(12) "Least restrictive," an intervention in the life of a person with a developmental disability that is the least intrusive and disruptive to the person's life and represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs;

(13) "PASARR" or "Preadmission Screening/Annual Resident Review," a federally mandated review of the application to a skilled nursing facility by a person with a known or suspected mental illness or developmental disability, or both, in order to determine if the skilled nursing facility or another community service provider can appropriately serve the person's needs;

(14) "Qualified developmental disabilities professional," any person with at least one year of experience working directly with individuals with intellectual disabilities or other developmental disabilities and is either a doctor of medicine or osteopathy, a registered nurse, or a person who holds at least a bachelor's degree in a professional category.

Source: SL 2000, ch 131, § 5; SL 2009, ch 138, § 1; SL 2013, ch 125, § 8.
S.D. Codified Laws § 27B-7-25 — SD Code / Title 27B / Chapter 7 / Section 27B-7-25
Oaths of office of board members
Status: in_force

Before entering upon the duties of office, each member of a county review board shall take and subscribe an oath or affirmation to support the Constitution of the United States and the Constitution of this state and to discharge faithfully all official duties according to law. The oath shall be filed in the office of the county auditor.

Source: SL 2000, ch 131, § 57.
S.D. Codified Laws § 27A-15-43 — SD Code / Title 27A / Chapter 15 / Section 27A-15-43
Review of treatment plan
Status: in_force

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: SL 1991, ch 220, § 333.
S.D. Codified Laws § 27A-15-19 — SD Code / Title 27A / Chapter 15 / Section 27A-15-19
Hearing following objection--Time limit
Status: in_force

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 continued inpatient treatment at the facility. The hearing shall be held in the county where the facility is located before the board of mental illness serving that county. The county in which the hearing is held shall pay any expenses incurred by the board holding the hearing, subject to reimbursement by the county ultimately proven to be the county of residence.

Source: SL 1991, ch 220, § 309; SL 1997, ch 164, § 7; SL 1999, ch 143, § 11.
S.D. Codified Laws § 27A-1-9 — SD Code / Title 27A / Chapter 1 / Section 27A-1-9
Promulgation of rules for training qualified mental health professionals
Status: in_force

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 with the training. The department shall implement this section by rules promulgated pursuant to chapter 1-26 .

Source: SL 1994, ch 222, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011; SL 2012, ch 149, § 6.
S.D. Codified Laws § 27B-2-27 — SD Code / Title 27B / Chapter 2 / Section 27B-2-27
Employee orientation to policies, procedures, and resident rights
Status: in_force

Before a new employee, including a temporary employee, of a facility or a community service provider receiving funds or providing services or supports pursuant to this title performs any duties, the new employee shall be oriented to the facility or community service provider and its policies, including policies and procedures concerning fire prevention, accident prevention, and response to emergencies. By the time each new employee has worked thirty days in the facility or community service provider, the new employee shall be oriented to resident rights, to the new employee's position and duties, and to facility or community service provider procedures.

Source: SL 2000, ch 131, § 14.
S.D. Codified Laws § 27B-3-45 — SD Code / Title 27B / Chapter 3 / Section 27B-3-45
Temporary detention of voluntary resident--Emergency commitment procedures
Status: in_force

A facility may temporarily detain a voluntarily admitted person with a developmental disability for twenty - four hours after the request for discharge to initiate emergency commitment procedures, pursuant to § 27B-7-38 , if the person's interdisciplinary team determines that the person presents an immediate danger to self or others.

Source: SL 2000, ch 131, § 47.
S.D. Codified Laws § 27A-13-26 — SD Code / Title 27A / Chapter 13 / Section 27A-13-26
Monthly certification of charges to counties--Payment--Deposit
Status: in_force

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 county auditors no later than the fifth day of the month. Upon receiving the certification, the county shall pay the amount due to the state remittance center within the time period established by chapter 4-3 . Such moneys shall be deposited to the state general fund.

Source: SL 1964, ch 104, § 6; SL 1965, ch 148; SDCL § 27-9-15; SL 1975, ch 181, § 126; SL 1980, ch 10, § 8; SL 1984, ch 30, § 30; SL 1989, ch 21, § 104; SL 1991, ch 220, § 268; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-8-46 — SD Code / Title 27B / Chapter 8 / Section 27B-8-46
Records confidential--Disclosure
Status: in_force

All records kept pursuant to this chapter are confidential and not open to public inspection. The information may be disclosed only in the circumstances and under the conditions set forth in §§ 27B-8-47 to 27B-8-49 , inclusive.

Source: SL 2000, ch 131, § 91.
S.D. Codified Laws § 27A-8-16 — SD Code / Title 27A / Chapter 8 / Section 27A-8-16
Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission
Status: in_force

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 to the facility a referral to other facilities or programs that may be able to provide the treatment needed by the individual.

Source: SL 1991, ch 220, § 65.
S.D. Codified Laws § 27B-3-35 — SD Code / Title 27B / Chapter 3 / Section 27B-3-35
County liable when not charged to state at large--Payments not admission of residency--Residency determination--Matching federal funds
Status: in_force

Each county shall be assessed sixty dollars per month for each person receiving supports and services at the South Dakota Developmental Center unless the responsibility therefore has been placed upon the state. In the event of a dispute as to that person's residence, no payments made by any county constitute an admission that the person in the facility is a resident of such county.

The procedures for determining the county of residence shall be that described in §§ 27B-3-37 and 27B-3-38 . These moneys shall be used to match federal funds which may be made available under the provisions of Title XIX of the Social Security Act as amended, or its successors, at the South Dakota Developmental Center.

Source: SL 2000, ch 131, § 37.
S.D. Codified Laws § 27B-3-51 — SD Code / Title 27B / Chapter 3 / Section 27B-3-51
Secretary to be informed when no guardian for incompetent resident attaining adulthood
Status: in_force

If the facility determines after evaluation pursuant to § 27B-3-50 , that the person with a developmental disability is not competent to execute an application for voluntary admission or that the person otherwise requires the protective services of a guardian, that person's parent, or if none, another interested person or entity shall be notified and requested to file a petition for the appointment of a guardian. If no petition is filed, the director shall inform the secretary of the Department of Human Services.

Source: SL 2000, ch 131, § 53.
S.D. Codified Laws § 27B-7-44 — SD Code / Title 27B / Chapter 7 / Section 27B-7-44
Diagnosis of developmental disability or commitment by board does not constitute incompetence
Status: in_force

No person is incompetent to manage his or her affairs, to contract, to hold professional or occupational or vehicle operator's licenses, to marry and obtain a divorce, to register and vote, or to make a will solely by reason of a diagnosis of a developmental disability, or by reason of a commitment by a county review board.

Source: SL 2000, ch 131, § 76.
S.D. Codified Laws § 27A-1-19 — SD Code / Title 27A / Chapter 1 / Section 27A-1-19
Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted
Status: in_force

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 treatment facility shall consult with the resident and the caregiver designated under § 27A-1-18 regarding any after-discharge plan, including a description of the resident's aftercare plan developed under § 27A-12-3.7 . A treatment facility may not be held liable in any civil action for failure to provide notice under this section.

Nothing in this section prohibits a treatment facility, in the exercise of professional judgment and its experience with common practice to make reasonable inferences of the resident's best interests, from:

(1) Determining not to disclose any information related to the resident to a caregiver designated under § 27A-1-18 ; and

(2) Disclosing information related to the resident to a caregiver of the treatment facility's choice.

Source: SL 2019, ch 126, § 2.
S.D. Codified Laws § 27A-1-1 — SD Code / Title 27A / Chapter 1 / Section 27A-1-1
Definitions
Status: in_force

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) "Appropriate regional facility," a facility designated by the department for the prehearing custody of an individual apprehended under authority of this title which is as close as possible in the immediate area to where the apprehension occurred; and is no more restrictive of mental, social, or physical freedom than necessary to protect the individual or others from physical injury. In determining the least restrictive facility, considerations shall include the preferences of the individual, the environmental restrictiveness of the setting, the proximity of the facility to the patient's residence, and the availability of family, legal and other community resources and support;

(3) "Center," the South Dakota Human Services Center;

(4) "Chronic disability," a condition evidenced by a reasonable expectation, based on the person's psychiatric history, that the person is incapable of making an informed medical decision because of a severe mental illness, is unlikely to comply with treatment as shown by a failure to comply with a prescribed course of treatment outside of an inpatient setting on two or more occasions within any continuous twelve month period, and, as a consequence, the person's current condition is likely to deteriorate until it is probable that the person will be a danger to self or others;

(5) "Co-occurring substance use disorder," refers to persons who have at least one mental disorder as well as an alcohol or drug use disorder;

(6) "Danger to others," a reasonable expectation that the person will inflict serious physical injury upon another person in the near future, due to a severe mental illness, as evidenced by the person's treatment history and the person's recent acts or omissions which constitute a danger of serious physical injury for another individual. Such acts may include a recently expressed threat if the threat is such that, if considered in the light of its context or in light of the person's recent previous acts or omissions, it is substantially supportive of an expectation that the threat will be carried out;

(7) "Danger to self,"

(a) A reasonable expectation that the person will inflict serious physical injury upon himself or herself in the near future, due to a severe mental illness, as evidenced by the person's treatment history and the person's recent acts or omissions which constitute a danger of suicide or self-inflicted serious physical injury. Such acts may include a recently expressed threat if the threat is such that, if considered in the light of its context or in light of the person's recent previous acts or omissions, it is substantially supportive of an expectation that the threat will be carried out; or

(b) A reasonable expectation of danger of serious personal harm in the near future, due to a severe mental illness, as evidenced by the person's treatment history and the person's recent acts or omissions which demonstrate an inability to provide for some basic human needs such as food, clothing, shelter, essential medical care, or personal safety, or by arrests for criminal behavior which occur as a result of the worsening of the person's severe mental illness;

(8) "Department," the Department of Social Services;

(9) "Essential medical care," medical care, that in its absence, a person cannot improve or a person's condition may deteriorate, or the person may improve but only at a significantly slower rate;

(10) "Facility director," that person designated to discharge the administrative functions of an inpatient psychiatric facility, other than the center, including the delegation of responsibilities to the appropriate facility staff;

(10A) "Health care," any care, treatment, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition;

(11) "Incapacitated by the effects of alcohol or drugs," that a person, as a result of the use of alcohol or drugs, is unconscious or the person's judgment is otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the need for treatment;

(12) "Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;

(13) "Inpatient psychiatric facility," a public or private facility or unit thereof which provides mental health diagnosis, observation, evaluation, care, treatment, or rehabilitation when the individual resides on the premises including a hospital, institution, clinic, mental health center or facility, or satellite thereof. An inpatient psychiatric facility may not include a residential facility which functions primarily to provide housing and other such supportive services when so designated by the department;

(14) "Inpatient treatment," mental health diagnosis, observation, evaluation, care, treatment, or rehabilitation rendered inside or on the premises of an inpatient psychiatric facility when the individual resides on the premises;

(15) "Least restrictive treatment alternative," the treatment and conditions of treatment which, separately and in combination, are no more intrusive or restrictive of mental, social, or physical freedom than necessary to achieve a reasonably adequate therapeutic benefit. In determining the least restrictive alternative, considerations shall include the values and preferences of the patient, the environmental restrictiveness of treatment settings, the duration of treatment, the physical safety of the patient and others, the psychological and physical restrictiveness of treatments, the relative risks and benefits of treatments to the patient, the proximity of the treatment program to the patient's residence, and the availability of family and community resources and support;

(16) "Mental health center," any private nonprofit organization which receives financial assistance from the state or its political subdivisions and which is established or organized for the purpose of conducting a program approved by the department for the diagnosis and treatment, or both, of persons with mental and emotional disorders;

(17) "Next of kin," for the purposes of this title, the person's next of kin, in order of priority stated, is the person's spouse if not legally separated, adult son or daughter, either parent or adult brother or sister;

(18) "Outpatient commitment order," an order by the board committing a person to outpatient treatment, either following a commitment hearing or upon a stipulation of the parties represented by counsel;

(19) "Outpatient treatment," mental health diagnosis, observation, evaluation, care, treatment or rehabilitation rendered inside or outside the premises of an outpatient program for the treatment of persons with mental, emotional, or substance use disorders;

(20) "Physician," any person licensed by the state to practice medicine or osteopathy or employed by a federal facility within the State of South Dakota to practice medicine or osteopathy;

(21) "Program director," the person designated to discharge the administrative functions of an outpatient program for treatment of persons with mental, emotional, or substance use disorders;

(22) "Resident," "patient," or "recipient," any person voluntarily receiving or ordered by a board or court to undergo evaluation or treatment;

(23) "Secretary," the secretary of the Department of Social Services;

(24) "Severe mental illness," substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory which significantly impairs judgment, behavior, or ability to cope with the basic demands of life. Intellectual disability, epilepsy, other developmental disability, alcohol or substance abuse, or brief periods of intoxication, or criminal behavior do not, alone, constitute severe mental illness;

(25) "Treatment," a mental health diagnosis, observation, evaluation, care, and medical treatment as may be necessary for the treatment of the person's mental illness or rehabilitation;

(26) "Treatment order," an order by the board of mental illness, as part of an inpatient or outpatient commitment order, or as a separate order by the circuit court or board after an inpatient or outpatient commitment ordered by the board, that requires a program of treatment as specified in this title.

Source: SDC 1939, § 30.0101; SDCL § 27-1-1; SL 1975, ch 181, § 42; SL 1976, ch 168, § 2; SL 1987, ch 197, § 1; SL 1991, ch 220, § 1; SL 1992, ch 190, §§ 1, 2; SL 1995, ch 154, § 1; SL 1996, ch 181, § 1; SL 2000, ch 129, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011; SL 2012, ch 149, § 1; SL 2013, ch 122, § 1; SL 2013, ch 125, § 6.
S.D. Codified Laws § 27A-12-3.16 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.16
Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment
Status: in_force

The court or board may authorize the administration of psychotropic medication and such other medical treatment, including electroconvulsive therapy, as may be necessary for the treatment of the person's mental illness for not more than one year. The court's or board's order shall terminate if the person is judicially restored or restored by the board as competent to consent to or refuse the administration of psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental illness or if the person's treating physician or the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist determines that the administration of psychotropic medication and such medical treatment is no longer necessary under the criteria set forth in § 27A-12-3.13 . Transfer from inpatient to outpatient treatment while the person is under an order of involuntary commitment does not, in itself, terminate the court's or board's treatment order. The necessity of treatment shall be reviewed and approved under the criteria in § 27A-12-3.13 at least every thirty days by the treating physician and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist after a personal examination of the person. If the consulting psychiatrist was the person's treating physician while the person was a patient at the Human Services Center, a personal examination need not take place as part of the review. If the treating physician or the medical director or consulting psychiatrist determines that the treatment ordered is no longer necessary under the criteria in § 27A-12-3.13 , the treatment order shall terminate. A copy of the results of the personal examination and the determinations of the treating physician and the medical director or consulting psychiatrist shall be made part of the person's medical records.

Source: SL 1989, ch 237, §§ 8-10 ; SL 1991, ch 220, § 209; SDCL Supp, §§ 27A-12-11.10 --27A-12-11.12; SL 1995, ch 163, § 3; SL 1999, ch 141, § 1; SL 2012, ch 149, § 37.
S.D. Codified Laws § 27A-15-15.6 — SD Code / Title 27A / Chapter 15 / Section 27A-15-15.6
Testimony of mental health professional--Alternatives to inpatient treatment
Status: in_force

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 testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not considered appropriate. If the board determines that alternatives to inpatient treatment are appropriate, continued inpatient treatment may not be authorized.

Source: SL 1992, ch 189, § 21A.
S.D. Codified Laws § 27B-7-37 — SD Code / Title 27B / Chapter 7 / Section 27B-7-37
Order for involuntary commitment of person posing immediate danger to self or others--Protective custody
Status: in_force

A county review board may order the involuntary commitment of a person if the review board finds by clear and convincing evidence supported by written findings of fact and conclusions of law that the person has a developmental disability, and that due to the development disability the person poses an immediate danger of physical injury to self or others making it necessary or advisable to receive appropriate supports and services. If the person is found to meet the criteria for involuntary commitment, the county review board may order the person to be placed under the control and care of the Department of Human Services for placement in appropriate programs. If the person refuses to comply with this order, the board may direct a law enforcement officer to take the person into protective custody.

Source: SL 2000, ch 131, § 69; SL 2002, ch 136, § 14.
S.D. Codified Laws § 27A-1-3 — SD Code / Title 27A / Chapter 1 / Section 27A-1-3
Qualified mental health professionals
Status: in_force

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 is licensed to practice psychology in South Dakota;

(2) An advanced practice nurse with at least a master's degree from an accredited education program and either two years or one thousand hours of clinical experience that includes mental health evaluation and treatment;

(3) A certified social worker with a master's degree from an accredited training program and two years of supervised clinical experience in a mental health setting;

(4) A person who has a master's degree in psychology from an accredited program and two years of supervised clinical mental health experience and who meets the provision of subdivision 36-27A-2(2);

(5) A counselor who is certified under chapter 36-32 as a licensed professional counselor--mental health;

(6) A counselor who is certified under chapter 36-32 as a licensed professional counselor and has two years of supervised clinical experience in a mental health setting and who is employed by the State of South Dakota or a mental health center;

(7) A therapist who is licensed under chapter 36-33 as a marriage and family therapist with two years of supervised clinical experience in a mental health setting;

(8) A physician assistant who is licensed under chapter 36-4A and either two years or one thousand hours of clinical experience that includes mental health evaluation and treatment; or

(9) A professional as listed in subdivisions (1) to (8), inclusive, who is employed by the federal government and currently licensed in that profession in another state, in good standing with the licensing board, and acting within the scope of the professional's license.

Except as provided in subdivision (9) and § 36-4-20 , each qualified mental health professional shall meet all licensing and certification requirements promulgated by the State of South Dakota for persons engaged in private practice of the same profession in South Dakota. However, the private practice licensure requirements for persons referred to in subdivisions (3) and (6) do not apply to those employed by the State of South Dakota, mental health centers, or organizations that have a formal clinical supervision arrangement by an employed person who is licensed at the private practice level.

Source: SL 1975, ch 181, §§ 1 (9), 30; SDCL Supp, §§ 27-1-1.1 (9), 27-1-3.1; SL 1978, ch 193, § 1; SL 1987, ch 198, § 1; SL 1991, ch 220, § 3; SL 1994, ch 222, §§ 1, 2; SL 1995, ch 226, § 5; SL 2003, ch 151, § 1; SL 2003, ch 152, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011; SL 2012, ch 149, § 3; SL 2013, ch 122, § 3.
S.D. Codified Laws § 27B-3-19 — SD Code / Title 27B / Chapter 3 / Section 27B-3-19
Appointment of director--Director's role
Status: in_force

The secretary of the Department of Human Services shall appoint a director to act as the chief executive officer of the South Dakota Developmental Center. The director shall supervise the supports, services, and education of the persons served at the facility, under the direction of the secretary of the Department of Human Services.

Source: SL 2000, ch 131, § 21.
S.D. Codified Laws § 27B-3-16 — SD Code / Title 27B / Chapter 3 / Section 27B-3-16
Function and mission of South Dakota Developmental Center
Status: in_force

The South Dakota Developmental Center shall provide supports and services for persons with developmental disabilities and other persons who may benefit from those supports and services offered by the South Dakota Developmental Center. The South Dakota Developmental Center may provide onsite and offsite additional supports and services in order to increase the self - direction of a person with a developmental disability, and to enhance a person with a developmental disability to live in the least - restrictive environment. It is the mission of the South Dakota Developmental Center to provide supports and services to persons with developmental disabilities onsite only when suitable community supports and services are not available.

Source: SL 2000, ch 131, § 18.
S.D. Codified Laws § 27A-15-15.4 — SD Code / Title 27A / Chapter 15 / Section 27A-15-15.4
Time limit for hearing--Location--Expenses
Status: in_force

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 shall be provided a hearing on the need for continued inpatient treatment at the facility. The hearing shall be held in the county where the facility is located before the board of mental illness serving that county. The county in which the hearing is held shall pay any expenses, including the transportation of the minor to the hearing, subject to reimbursement by the county ultimately proven to be the minor's county of residence. The provisions of chapter 28-14 do not apply to this section.

Source: SL 1992, ch 189, § 20B; SL 1997, ch 164, § 6; SL 1999, ch 143, § 10.
S.D. Codified Laws § 27A-12-34 — SD Code / Title 27A / Chapter 12 / Section 27A-12-34
Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center
Status: in_force

If a person is admitted, involuntarily committed, or discharged from the Human Services Center, reasonable attempts shall be made to notify the person's legally appointed guardian. Upon obtaining consent to release information, reasonable attempts shall also be made to notify the person's next of kin. If the treating psychiatrist determines the person lacks the capacity to provide consent, the Human Services Center shall make reasonable attempts to notify the person's next of kin as to admission, or commitment to, or discharge from the Human Services Center, unless such notification is determined by the treating psychiatrist, with the input of the person's treatment team, to be detrimental to the person.

Source: SL 1992, ch 190, § 5; SL 2000, ch 129, § 17.
S.D. Codified Laws § 27A-5-10 — SD Code / Title 27A / Chapter 5 / Section 27A-5-10
No charge against counties contributing to support of center--Reduced rate
Status: in_force

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 charges reaches seventy-five percent of the total county contribution. Thereafter, such county shall be charged at a rate of seventy-five percent of the rate at which it would normally be charged in accordance with the fee schedule prescribed by the Department of Social Services.

Source: SL 1974, ch 183, § 5; SL 1975, ch 181, § 71; SDCL Supp, § 27-5-11; SL 1989, ch 21, § 86; SL 1991, ch 220, § 29; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-3-13 — SD Code / Title 27B / Chapter 3 / Section 27B-3-13
Disposition of funds of deceased patient--County claim--Escheat to recreation fund
Status: in_force

If any patient of the South Dakota Developmental Center--Redfield dies leaving less than three hundred dollars in money on deposit with the administrator, such money shall be transferred by the administrator to the recreation fund of such institution. If the money on deposit is the sum of three hundred dollars or more, the administrator shall hold it for the benefit of the county legally obligated for the care of the patient for the purpose of satisfying any lien of the county against the estate of the patient.

The administrator shall give timely notice of such deposit to the county auditor and to the clerk of courts of the county and the amount of money held. If the county has waived or fails to commence proceedings on its lien, or if no proceedings for probate or administration of the estate have commenced within six months from the time of giving the notice to the clerk of courts, or if in the course of administration it is found that there are no heirs to the estate, then the amount of the deposit shall, notwithstanding § 29A-3-914 , escheat to the recreation fund.

Any indebtedness, not in excess of one hundred dollars, incurred by the facility prior to the patient's death for the benefit of the patient may be paid by the facility from the deceased resident's funds on deposit with the administrator. This liability shall take precedence over the county lien.

Source: SDC 1939, § 30.0603 as added by SL 1959, ch 175, § 2; SDCL, § 27-13-12; SL 1973, ch 174, § 1; SL 1974, ch 188; SDCL Supp, § 27-14-4; SL 1975, ch 182, §§ 72, 74; SL 1981, ch 209; SL 1989, ch 238, § 14; SL 1996, ch 16, § 4.
S.D. Codified Laws § 27B-1-15 — SD Code / Title 27B / Chapter 1 / Section 27B-1-15
Administrative functions of department
Status: in_force

The Department of Human Services shall develop, adopt, approve, coordinate, monitor, evaluate, and administer state and federally funded services for persons with developmental disabilities and their families within South Dakota in cooperation with all governmental and private resources and organizations concerned with developmental disabilities.

From existing department funds or special funds appropriated by the Legislature, the department shall:

(1) Carry out all functions and duties required by statute through collaboration and consultation with persons with developmental disabilities, their families, guardians, community resources, organizations, and people who provide services throughout the state;

(2) Develop and maintain a statewide system of community - based services that reflect the choices and needs of persons with developmental disabilities and their families;

(3) Facilitate or provide technical assistance to community service providers in planning, developing, and implementing services and supports for persons with developmental disabilities;

(4) Cooperate with federal agencies in the administration of the federal statutes and acts relating to developmental disabilities programs, accept the benefits of such federal statutes and acts subject to chapter 4-8 , and comply with the requirements thereof;

(5) Conform the state plans to the federal requirements and submit them to the federal agencies; and

(6) Maintain a data collection system on the prevalence of developmental disabilities, including autism, based on the needs of persons with developmental disabilities in the current service delivery system.

Source: SL 2000, ch 131, § 3.
S.D. Codified Laws § 27B-3-28 — SD Code / Title 27B / Chapter 3 / Section 27B-3-28
Department responsible for processing fees due state
Status: in_force

The Department of Human Services shall collect and process fees due to the state for the cost of supports and services for persons with developmental disabilities.

Source: SL 2000, ch 131, § 30.
S.D. Codified Laws § 27B-10-10 — SD Code / Title 27B / Chapter 10 / Section 27B-10-10
Review hearing--Rights
Status: in_force

The person shall have the same rights and privileges during a review hearing as established under § 27B-10-5 .

Source: SL 2023, ch 92, § 10.
S.D. Codified Laws § 27A-12-3.3 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.3
Right of access to protection of receiving assistance
Status: in_force

Notwithstanding § 27A-12-3.1 , a person has the right to access to, including opportunities and facilities for private communications with, any available rights protection service, or to a system designated to provide protection of receiving assistance to understand, exercise, and protect the rights described in this section and in other provisions of law.

Source: SL 1991, ch 220, § 178.
S.D. Codified Laws § 27B-7-47 — SD Code / Title 27B / Chapter 7 / Section 27B-7-47
Right to habeas corpus
Status: in_force

Any person involuntarily committed by a county review board and any person confined or in any manner detained or restrained is entitled to the benefit of a writ of habeas corpus. If the court finds that the criteria in § 27B-7-37 are met, the court may authorize continued involuntary commitment. Such authorization is not a bar to the issuing of the writ the second time if it is alleged that the criteria in § 27B-7-37 are no longer met.

Source: SL 2000, ch 131, § 79.
S.D. Codified Laws § 27A-14-1 — SD Code / Title 27A / Chapter 14 / Section 27A-14-1
Discretionary discharge of voluntary patient
Status: in_force

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.
S.D. Codified Laws § 27B-3-52 — SD Code / Title 27B / Chapter 3 / Section 27B-3-52
Criminal background investigation of new employees--Temporary employment--Fees
Status: in_force

Each person hired as an employee at the South Dakota Developmental Center, whose primary duties include patient care or supervision, shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Developmental Center shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The Developmental Center may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.

Source: SL 2012, ch 29, § 4.
S.D. Codified Laws § 27B-7-32.2 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.2
Appearance before board--Notice--Findings of board
Status: in_force

Upon receipt of the request to reopen the commitment hearing, the county review board shall, as soon as practicable, afford the county determined to be the person's county of residence an opportunity to appear before the board, at a time and place set by the board and not more than thirty days from the date of the request to reopen the hearing. Notice of the reopened hearing shall be given to the county where the person was found and to the county requesting the reopening of the hearing at least ten days prior to the reopened hearing by mailing notice thereof to the respective county auditors. Either county appearing at the reopened hearing may present any evidence it may have to establish that it is not the county of residence of the person. The board shall then determine, by a preponderance of evidence, the county of residence of the person and either affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and the county of residence with copies mailed to the administrator of the center or other facility where the person is undergoing treatment.

Source: SL 2002, ch 136, § 5.
S.D. Codified Laws § 27A-5-7 — SD Code / Title 27A / Chapter 5 / Section 27A-5-7
Department of Social Services to designate county service centers
Status: in_force

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.
S.D. Codified Laws § 27A-13-5 — SD Code / Title 27A / Chapter 13 / Section 27A-13-5
Tender of charges required on voluntary hospitalization--County or governmental pledge of payment--Monthly payment in advance--Indigent person
Status: in_force

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 admitted and a pledge to pay the minimum amount by the county commissioners of his county of legal settlement or a pledge from any other responsible governmental entity. If the person is indigent, his county is obligated to pay the admission fee and cost of care.

Continued voluntary treatment without commission or governmental approval shall be contingent upon an advance monthly payment according to ability to pay but in no instance may it be less than the minimum amount.

Source: SDC 1939, § 30.0115 as added by SL 1959, ch 170; SL 1961, ch 153; SL 1964, ch 104, § 8; SDCL, § 27-4-13; SL 1975, ch 181, § 34; SL 1991, ch 220, § 256.
S.D. Codified Laws § 27A-1-17 — SD Code / Title 27A / Chapter 1 / Section 27A-1-17
Placement or transfer of person from bordering state to Human Services Center prohibited
Status: in_force

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.
S.D. Codified Laws § 27A-15-12 — SD Code / Title 27A / Chapter 15 / Section 27A-15-12
Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention
Status: in_force

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 probable cause to believe the minor requires emergency intervention under § 27A-15-30 and should remain in the facility, and initiates a mental illness hold. The hold may not exceed twenty-four hours from the facility's receipt of the parent's written notice to terminate. The facility director, administrator, or psychiatrist shall immediately complete and submit a petition for immediate intervention under the provisions of § 27A-15-30 to the chair of the county mental illness board where the minor is located. For purposes of this section, the term, immediately, means the earliest possible time during normal waking hours. If a petition is not filed with the chair within twenty-four hours of the initiation of the hold, the minor shall be discharged. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the parent with the required written form. If a § 27A-15-30 petition is completed for submission to the chair of the county board, the minor's admission shall continue pending the decision of the chair under § 27A-15-34 .

Source: SL 1991, ch 220, § 302; SL 2013, ch 122, § 7.
S.D. Codified Laws § 27A-5-9 — SD Code / Title 27A / Chapter 5 / Section 27A-5-9
County and municipal contributions to mental health centers, clinics, and community support providers
Status: in_force

The boards of county commissioners and the municipal governing bodies may contribute sums of money annually from their general fund to any mental health center, clinic, or community support provider approved by the Department of Social Services, or to each of such facilities, without regard to whether they are within or outside of their respective jurisdictions.

Source: SL 1957, ch 152, §§ 1, 2; SDC Supp 1960, § 12.0617-12; SL 1961, ch 31, § 2; SL 1963, ch 38; SDCL § 27-5-8; SL 1971, ch 168; SL 1985, ch 77, § 15; SL 1989, ch 21, § 85; SL 2009, ch 138, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-3-39 — SD Code / Title 27B / Chapter 3 / Section 27B-3-39
Adjustment of payments by one county for residents of another
Status: in_force

Expenses paid by one county, on behalf of any person at the South Dakota Developmental Center whose residence is in another county, shall be refunded with lawful interest by the county of residence.

Source: SL 2000, ch 131, § 41.
S.D. Codified Laws § 27A-13-18.2 — SD Code / Title 27A / Chapter 13 / Section 27A-13-18.2
Appeal of residence determination to circuit court by attorney general--Service and filing of notice--Trial de novo
Status: in_force

If the administrator of the Human Services Center has treated a patient determined by the committing board of mental illness to be a proper charge against the state at large because the patient is not a resident of the state and the attorney general has appeared before the committing board to contest its determination of residence in the manner provided in this title, the attorney general may appeal the committing board's determination to the circuit court by serving a notice of appeal upon one of the members of the board of county commissioners of any county adversely interested and by filing such notice with the clerk of courts within thirty days from the date of the finding of residence by the committing board of mental illness. Upon such filing, the circuit court shall conduct a trial de novo and determine, by a preponderance of evidence, the residence of such patient and determine whether he is a proper charge against a county or the state at large. Such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.

Source: SL 1986, ch 227, § 10; SL 1991, ch 220, § 266.
S.D. Codified Laws § 27A-11A-1.1 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-1.1
Petitions, applications, and documents made under oath or affirmation
Status: in_force

Notwithstanding the provisions of § 27A-10-1 , petitions, applications, or documents made within this state in connection with proceedings under Title 27A are deemed to be made under oath or affirmation or verified by affidavit without notarization if the person signing the document attests, at the end of the document, in substantially the following form:

"I swear or affirm, under penalty of perjury, under the laws of the State of South Dakota that the foregoing is true and correct.

Executed on__________(date) in the county of__________(county name)

in the State of South Dakota

____________________(signature)

____________________(signer's address and telephone number)."

A document that is sworn to or affirmed under this section without notarization shall include a telephone number and address so that the signer can be contacted.

Source: SL 2012, ch 149, § 27.
S.D. Codified Laws § 27B-2-25 — SD Code / Title 27B / Chapter 2 / Section 27B-2-25
Rules for procedure and conduct of contested cases
Status: in_force

The secretary of the department shall promulgate, pursuant to chapter 1-26 , reasonable and necessary rules governing the procedure and conduct of contested cases, including notification of the denial of services.

Source: SL 2000, ch 131, § 12.
S.D. Codified Laws § 27A-15-3 — SD Code / Title 27A / Chapter 15 / Section 27A-15-3
Separation of minors from adult patients--Exception
Status: in_force

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 that does not maintain a separate unit for minors, only for acute treatment and evaluation and only for a period not to exceed seven working days. The facility shall provide separate sleeping quarters and separate day areas in which adult patients are not permitted.

A patient who does not meet the definition of a minor, as set forth in § 27A-15-1 , but is less than nineteen years of age, may be placed in a separate unit with minors if the patient:

(1) Is enrolled in a high school or pursuing high school equivalency; and

(2) Consents to the placement.

The facility shall provide a separate evaluation program for which specific guidelines must be approved by the Department of Health.

Source: SL 1991, ch 220, § 293; SL 1992, ch 194; SL 2022, ch 86, § 1.
S.D. Codified Laws § 27A-7-1 — SD Code / Title 27A / Chapter 7 / Section 27A-7-1
County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates
Status: in_force

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 other persons appointed by the board of county commissioners for a three-year term. The two members appointed by the county commission shall be residents of the county. The chair appointed by the presiding circuit judge need not be a resident of the county. The members of the board of mental illness who are appointed by the board of county commissioners may be appointed to more than one term but may not serve more than two consecutive three-year terms. The state's attorney for the county may not serve on the county board of mental illness. Each appointing authority shall also appoint alternates.

Pursuant to chapter 1-24 , two or more counties may jointly contract to establish a board of mental illness to serve all contracting counties. In such case, the county commissioners of the contracting counties shall jointly appoint the two board members referred to in this section. The members may be residents of any of the counties under joint contract.

Source: SDC 1939, § 30.0103; SDCL, § 27-6-1; SL 1974, ch 182, § 1; SL 1975, ch 181, § 75; SL 1976, ch 168, § 1; SL 1977, ch 211, § 2; SL 1991, ch 220, § 38; SL 1995, ch 157; SL 1999, ch 138, § 1; SL 2000, ch 129, § 2; SL 2005, ch 144, § 1.
S.D. Codified Laws § 27A-5-15 — SD Code / Title 27A / Chapter 5 / Section 27A-5-15
Discharge procedures
Status: in_force

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.
S.D. Codified Laws § 27B-3-20 — SD Code / Title 27B / Chapter 3 / Section 27B-3-20
Unlawful detention of person with developmental disability
Status: in_force

Any person who unlawfully detains a person with a developmental disability in any other manner or in any other place than as authorized by law is guilty of a Class 1 misdemeanor.

Source: SL 2000, ch 131, § 22.
S.D. Codified Laws § 27A-15-8 — SD Code / Title 27A / Chapter 15 / Section 27A-15-8
Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation
Status: in_force

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 legal custodian and minor of the nature of inpatient status, including the types of treatment available, the restraints and restrictions to which the minor may be subject, a statement of the parent's, guardian's, or other legal custodian's rights and minor's rights under this title, including the minor's right to object to admission, and the right to view and copy records, under this title. Nothing in this chapter precludes the administrator or facility director or attending psychiatrist from arranging for and referring the parent, guardian, or other legal custodian and minor to the mental health center designated as the service center for the area in which the inpatient psychiatric facility is located for an independent clinical evaluation.

Source: SL 1991, ch 220, § 298; SL 1992, ch 189, § 11; SL 2000, ch 129, § 20.
S.D. Codified Laws § 27B-1-18 — SD Code / Title 27B / Chapter 1 / Section 27B-1-18
Developmental disability defined
Status: in_force

A developmental disability is any severe, chronic disability of a person that:

(1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(2) Is manifested before the person attains age twenty - two;

(3) Is likely to continue indefinitely;

(4) Results in substantial functional limitations in three or more of the following areas of major life activity: self - care, receptive and expressive language, learning, mobility, self - direction, capacity for independent living, and economic self - sufficiency; and

(5) Reflects the person's need for an array of generic services, met through a system of individualized planning and supports over an extended time, including those of a life - long duration.

Source: SL 2000, ch 131, § 6.
S.D. Codified Laws § 27A-13-32 — SD Code / Title 27A / Chapter 13 / Section 27A-13-32
Notice by county auditor and collection of charges from persons responsible--Notice of appeal procedure
Status: in_force

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 patients, requiring them to pay the same, which payment shall be made to the county treasurer of the county in which such charge has been made and when such payment is made a receipt therefor in triplicate shall be issued and one copy of such receipt shall be filed with the county auditor, who shall give proper credit for the same.

The notification by the county auditor to those legally bound for the support of such patients shall also include a summary of the procedure to appeal the amount they are charged as provided in § 27A-13-10 .

Source: SDC 1939, § 30.0122; SDCL, § 27-9-31; SL 1975, ch 181, § 129; SL 1991, ch 220, § 272.
S.D. Codified Laws § 27B-2-28 — SD Code / Title 27B / Chapter 2 / Section 27B-2-28
Recommendations to Legislature and Governor
Status: in_force

The Department of Human Services shall consider the needs in the field of developmental disabilities and shall make recommendations to the Legislature and the Governor for changes in existing legislation.

Source: SL 2000, ch 131, § 15.
S.D. Codified Laws § 27B-8-53 — SD Code / Title 27B / Chapter 8 / Section 27B-8-53
Use of restraints
Status: in_force

Use of restraints may be applied only if a person with a developmental disability exhibits destructive behavior and if alternative techniques including positive behavior intervention techniques have failed.

Source: SL 2000, ch 131, § 98.
S.D. Codified Laws § 27A-10-15 — SD Code / Title 27A / Chapter 10 / Section 27A-10-15
Additional review hearings
Status: in_force

Notwithstanding the provisions of §§ 27A-10-9.1 and 27A-10-14 , 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 notice, a review hearing in addition to the statutory review hearings provided in § 27A-10-14 , to determine whether the person continues to meet the criteria in § 27A-10-9.1 . The rights, procedures, and findings required in § 27A-10-14 , shall apply to such additional review hearing. No temporary periods of involuntary commitment are authorized.

Source: SL 1991, ch 220, § 127.
S.D. Codified Laws § 27B-3-33 — SD Code / Title 27B / Chapter 3 / Section 27B-3-33
Civil action for charges payable--Lien on property--Claim against decedent's estates
Status: in_force

If any person in the facility refuses or fails to make such payments, the charges may be collected by a civil action brought in the name of the State of South Dakota. The state may commence an action against the person for payments due, and any judgment obtained shall be a lien upon the real property of the person and shall be collected as other judgments. Any claim arising under § 27B-3-27 has the same force and effect against the real and personal property of a deceased person as other debts of a decedent and shall be ascertained and recovered in the same manner.

Source: SL 2000, ch 131, § 35.
S.D. Codified Laws § 27A-15-49 — SD Code / Title 27A / Chapter 15 / Section 27A-15-49
Petition to continue treatment with psychotropic medication
Status: in_force

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 director of such program, shall immediately petition the circuit court for authorization to continue such treatment. The provisions of §§ 27A-12-3.14 and 27A-12-3.17 to 27A-12-3.19 , inclusive, shall apply.

Source: SL 1991, ch 220, § 339.
S.D. Codified Laws § 27B-3-18 — SD Code / Title 27B / Chapter 3 / Section 27B-3-18
Tests and immunizations provided by facility
Status: in_force

The facility shall provide to persons with developmental disabilities the required tests and the immunizations that are not provided by a parent or guardian and have not been exempted pursuant to § 27B-3-17 .

Source: SL 2000, ch 131, § 20.
S.D. Codified Laws § 27A-5-17 — SD Code / Title 27A / Chapter 5 / Section 27A-5-17
Charges for detention or temporary housing services to individuals awaiting hearing assessed to county of residence
Status: in_force

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 not apply. Costs shall be based on a schedule of usual, ordinary, and reasonable charges for such services as approved by the department or by agreement with the county.

Source: SL 1991, ch 220, § 36.
S.D. Codified Laws § 27A-8-19 — SD Code / Title 27A / Chapter 8 / Section 27A-8-19
Substituted informed consent by next of kin--Court hearing
Status: in_force

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 director or center administrator may admit the person as a voluntary patient for a period not to exceed fourteen days if the criteria in subdivisions 27A-8-1(1) to (3), inclusive, and (5), are met. During the fourteen-day admission period, the consenting next of kin may file a petition in circuit court for an order authorizing the appointment of the petitioner as guardian of the person for continuing the admission. If a petition is timely filed, admission of a nonobjecting person may continue until the court hearing. If a petition is not filed, the person shall be discharged upon the expiration of the fourteen-day admission period.

Source: SL 1992, ch 190, § 4B; SL 2012, ch 149, § 16.
S.D. Codified Laws § 27A-13-11 — SD Code / Title 27A / Chapter 13 / Section 27A-13-11
Review and change of amounts to be charged
Status: in_force

The secretary of social services may, at any time, review and change any determination for applicable charges.

Source: SL 1964, ch 104, § 4 (4); SDCL § 27-9-8; SL 1989, ch 21, § 101; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-8-45 — SD Code / Title 27B / Chapter 8 / Section 27B-8-45
Rights of persons receiving services
Status: in_force

Any person with a developmental disability receiving services has the right to:

(1) Communicate freely and privately with others of the person's own choosing;

(2) Receive and send sealed, unopened correspondence. No person's incoming or outgoing correspondence shall be opened, delayed, held, or censored by any person;

(3) Receive and send packages. No person's outgoing packages may be opened, delayed, held, or censored by any person;

(4) Reasonable access to telephones, both to make and to receive calls in privacy, and reasonable and frequent opportunities to meet with visitors; and

(5) Suitable opportunities for interaction with others of the person's own choosing.

Source: SL 2000, ch 131, § 90.
S.D. Codified Laws § 27A-7-4 — SD Code / Title 27A / Chapter 7 / Section 27A-7-4
Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons
Status: in_force

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 otherwise specially provided for. The board may issue subpoenas and compel obedience to any subpoena, and do any act of a court necessary and proper in the premises for the purpose of discharging the duties required of it.

Source: SDC 1939, § 30.0104; SDCL § 27-6-5; SL 1991, ch 220, § 41; SL 2012, ch 149, § 9.
S.D. Codified Laws § 27A-11A-10 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-10
Precautions against drugs hampering defense--Record of treatments administered
Status: in_force

If the person is receiving treatment, the qualified mental health professional shall take all reasonable precautions to ensure that at the time of the hearing the person is not so under the influences of, or so affected by drugs, medication, or other treatment or interventions as to be hampered in preparing for or participating in the hearing. The board of mental illness at the time of the hearing shall be presented a record of all drugs, medication, and other treatments or interventions the person has received since being taken into custody. For review hearings, the board of mental illness at the time of hearing shall be presented with the medical record containing information on medications and treatments the person has received within the past year.

Source: SL 1975, ch 181, § 89; SDCL Supp, § 27-7-12.2; SL 1991, ch 220, § 146; SDCL, § 27A-9-13; SL 1992, ch 189, § 4.
S.D. Codified Laws § 27B-10-2 — SD Code / Title 27B / Chapter 10 / Section 27B-10-2
Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal
Status: in_force

The state's attorney prosecuting any felony sexual offense, which charge was dismissed pursuant to § 23A-10A-14 due to a developmental disability as defined in § 27B-1-18 , may, within thirty days after the dismissal, file a petition for civil commitment of the person charged in the circuit court that dismissed the charge. The petition must allege the criteria for commitment, as set forth in § 27B-10-8 , and must include facts supporting the allegations.

Source: SL 2023, ch 92, § 2.
S.D. Codified Laws § 27A-8-10.1 — SD Code / Title 27A / Chapter 8 / Section 27A-8-10.1
Emergency detention of voluntary inpatient after notice of intention to terminate
Status: in_force

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 intervention under the criteria in § 27A-1-2 and should remain in the facility, the director or administrator or attending psychiatrist may initiate a mental illness hold detaining the patient for a period not to exceed twenty - four hours, not including weekends or holidays, from the facility's receipt of the patient's written notice of intention to terminate. The director or administrator shall immediately advise the patient that he is being detained on a twenty - four hour mental illness hold and explain the nature of such hold. The director or administrator shall forthwith notify the chairman of the county board for the county where the facility is located or a local peace officer of the time of receipt of the notice to terminate, the time the hold was initiated, the circumstances necessitating the hold, and the time and place the director or administrator or attending psychiatrist will be available to file a petition pursuant to § 27A-10-1 . This information shall also be made part of the signed petition, the patient's medical records and be delivered to the patient. If a petition pursuant to § 27A-10-1 is not filed with the chair within twenty - four hours of the facility's receipt of the patient's written notice of intention to terminate, the patient shall be immediately discharged. The twenty - four hour period does not include weekends or holidays.

Source: SL 1991, ch 220, § 57; SL 1992, ch 189, § 2.