S.D. Codified Laws § 27A-11A-14 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-14
Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses
Status: in_force

Within ten days of the auditor's receipt of the committing board's findings regarding the residence and summary of proofs thereon, the county, other than the referring county, in which residence was found to be may request the committing board of mental illness to reopen the hearing upon the question of the person's residence by mailing a request to the chair of the committing board of mental illness. Upon receipt of the request to reopen the commitment hearing, the committing board of mental illness 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 patient 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.

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 1986, ch 227, § 3; SL 1987, ch 198, § 13A; SL 1988, ch 216, § 3; SL 1991, ch 220, § 150; SDCL Supp, § 27A-9-18.2; SL 1999, ch 143, § 8; SL 2000, ch 129, § 14.
S.D. Codified Laws § 27B-7-36 — SD Code / Title 27B / Chapter 7 / Section 27B-7-36
Dismissal of petition if not upheld by professional report--Discharge of subject
Status: in_force

The petition shall be dismissed by the chair of the county review board unless the evaluating psychiatrist or psychologist concludes, in writing, that the person meets the criteria for board - ordered commitment. If the county review board finds that a person does not meet the criteria for board - ordered commitment, the board shall enter a finding to that effect, shall dismiss the petition, and shall direct that the person be immediately discharged if the person has been detained prior to the hearing.

Source: SL 2000, ch 131, § 68.
S.D. Codified Laws § 27A-12-25 — SD Code / Title 27A / Chapter 12 / Section 27A-12-25
Individual records required--Contents--Confidentiality
Status: in_force

A complete statistical and medical record shall be kept current for each person receiving mental health services, or being otherwise detained under this title. The record shall include information pertinent to the services provided to the person, pertinent to the legal status of the recipient, required by this title or other provision of law, and required by rules or policies. The material in the record shall be confidential in accordance with the provisions of this title.

Source: SL 1975, ch 181, § 9; SDCL Supp, § 27-7-58; SL 1991, ch 220, §§ 225, 226.
S.D. Codified Laws § 27A-14-4 — SD Code / Title 27A / Chapter 14 / Section 27A-14-4
Notice to county board of provisional discharge--Maximum duration
Status: in_force

If the patient is provisionally discharged, the administrator shall notify the county board of the discharge and the provisions of the discharge. Provisional discharges shall in no instance extend beyond the duration of the original commitment.

Source: SL 1975, ch 181, § 133; SDCL Supp, § 27-10-8.1.
S.D. Codified Laws § 27A-1-2 — SD Code / Title 27A / Chapter 1 / Section 27A-1-2
Involuntary commitment
Status: in_force

A person is subject to involuntary commitment if:

(1) The person has a severe mental illness;

(2) Due to the severe mental illness, the person is a danger to self or others or has a chronic disability; and

(3) The person needs and is likely to benefit from treatment.

Source: SL 1966, ch 186, § 1; SDCL §§ 27-3-1, 27-5-1; SL 1975, ch 181, §§ 1, 45; SDCL Supp, § 27-1-1.1; SL 1987, ch 197, § 2; SL 1989, ch 21, § 49; SL 1991, ch 220, § 2; SL 2012, ch 149, § 2.
S.D. Codified Laws § 27A-1-12 — SD Code / Title 27A / Chapter 1 / Section 27A-1-12
Definitions
Status: in_force

Terms in §§ 27A-1-12 to 27A-1-17 , inclusive, mean:

(1) "Bordering state," Iowa, Minnesota, Montana, Nebraska, North Dakota, or Wyoming;

(2) "Treatment facility," an accredited prevention or treatment facility as defined in § 34-20A-2 or an inpatient psychiatric facility as defined in § 27A-1-1 .

Source: SL 2004, ch 184, § 1.
S.D. Codified Laws § 27B-10-11 — SD Code / Title 27B / Chapter 10 / Section 27B-10-11
Service provider director--Authority to discharge--Basis--Notice--Applicability
Status: in_force

The director of the South Dakota Developmental Center, or the director of any other developmental disability community service provider, as applicable, shall discharge any involuntarily committed person if the director determines that the person no longer meets the commitment criteria under § 27B-10-8 . The director of the discharging entity shall immediately notify the court who issued the commitment order and the state’s attorney who filed the commitment proceeding that the person no longer meets commitment criteria and is being discharged. Nothing in this section precludes any person or the person’s legal representative from subsequently seeking admission to a program on a voluntary basis.

Source: SL 2023, ch 92, § 11.
S.D. Codified Laws § 27A-12-30 — SD Code / Title 27A / Chapter 12 / Section 27A-12-30
Released information approved by administrator--Record of release
Status: in_force

Any release of information by the holder of the record shall be approved by the administrator or facility director holding the records. The holder of the record shall keep a record of any information released, to whom, the date it was released and the purpose for such release.

Source: SL 1975, ch 181, § 17; SDCL Supp, § 27-7-63; SL 1991, ch 220, §§ 236, 237.
S.D. Codified Laws § 27B-4-9 — SD Code / Title 27B / Chapter 4 / Section 27B-4-9
County budgeting and appropriations for community service providers
Status: in_force

Each county may annually budget and appropriate funds for the establishment, support, or operation of community service providers pursuant to § 27A-5-9 .

Source: SL 2000, ch 131, § 54.
S.D. Codified Laws § 27A-12-3.15 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.15
Order for psychotropic medication or other treatment when person incapable of consent
Status: in_force

If the court or board finds by clear and convincing evidence that the person is incapable of consenting to treatment with psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental illness, including electroconvulsive therapy, because the person's judgment is so affected by mental illness that the person lacks the capacity to make a competent, voluntary, and knowing decision concerning the medication and medical treatment and the administration of the recommended psychotropic medication and medical treatment is essential under the criteria in § 27A-12-3.13 , the court or board may order the administration of psychotropic medication and medical treatment, including electroconvulsive therapy.

Source: SL 1988, ch 217, § 1; SL 1989, ch 237, § 7; SL 1991, ch 220, § 205; SDCL Supp, §§ 27A-12-11.1 , 27A-12-11.9 ; SL 1997, ch 165, § 19; SL 2012, ch 149, § 36.
S.D. Codified Laws § 27A-12-3.18 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.18
Access to attorney and private physician
Status: in_force

Notwithstanding § 27A-12-3.1 , a person may communicate with his attorney or other legal representative or a private physician subject to the facility's normal access restrictions. The person's attorney or other legal representative shall have reasonable access to the person, the area where the person has received treatment, resided, been detained, or had access, and to all records and information pertaining to the person.

Source: SL 1975, ch 181, § 19; SDCL Supp, § 27-7-42.1; SL 1991, ch 220, § 212; SDCL, § 27A-12-8 .
S.D. Codified Laws § 27B-2-24 — SD Code / Title 27B / Chapter 2 / Section 27B-2-24
Refusal or termination of departmental services by person with developmental disability
Status: in_force

A person with a developmental disability or that person's parent or guardian may refuse services offered by the Department of Human Services. If the person with a developmental disability or that person's parent or guardian accepts services from the department, the department, that person's parent or guardian, or the person with a developmental disability may terminate the services at any time.

Source: SL 2000, ch 131, § 11.
S.D. Codified Laws § 27A-4-17.1 — SD Code / Title 27A / Chapter 4 / Section 27A-4-17.1
Use of unclaimed funds--Satisfaction of indebtedness
Status: in_force

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

(1) Any indebtedness incurred by the center prior to the patient's death for the benefit of the patient shall be paid by the center from the deceased patient's funds on deposit;

(2) Any indebtedness incurred by the patient during the patient's stay at the center shall be paid out of these funds;

(3) After the liabilities have been satisfied, any funds remaining shall be paid to the family if a valid estate has been established; and

(4) If a valid estate has not been established, the funds shall be applied to any outstanding funeral bills upon receiving a valid itemization from the funeral home.

Any liabilities paid pursuant to subdivision (1), (2), or (4) of this section shall be paid on a prorata basis if sufficient funds are not available to pay the entire amount within that subdivision.

Source: SL 1996, ch 181, § 4.
S.D. Codified Laws § 27A-15-28 — SD Code / Title 27A / Chapter 15 / Section 27A-15-28
Involuntary commitment
Status: in_force

A minor may be subject to involuntary commitment utilizing the same procedures, criteria, and rights provided in chapter 27A-10 , except as otherwise specifically provided by this chapter.

Source: SL 1991, ch 220, § 318.
S.D. Codified Laws § 27B-3-43 — SD Code / Title 27B / Chapter 3 / Section 27B-3-43
Consultation with family and interdisciplinary team before transfer to another state
Status: in_force

The Department of Human Services, upon recommendation of the person's interdisciplinary team, shall consult with the person with a developmental disability and that person's immediate family or guardian regarding any proposed transfer from a facility of this state to a facility of another state pursuant chapter 27A-6 .

Source: SL 2000, ch 131, § 45.
S.D. Codified Laws § 27B-7-28 — SD Code / Title 27B / Chapter 7 / Section 27B-7-28
Board order for examination and report on petition--Contents of report--County to be reimbursed for additional examination
Status: in_force

If a petition filed pursuant to § 27B-7-27 appears on its face to be sufficient, the chair of the county review board shall order that a psychiatric or psychological evaluation be performed and a report of the findings and recommendations be completed. The board chair shall appoint a licensed psychologist or psychiatrist within three days after receipt of the petition. The licensed psychologist or psychiatrist shall make the examination and prepare a report within five working days from receipt of the written notice from the board ordering the examination and report, containing the information required in § 27B-7-31 . If it appears, based upon the foregoing evaluation, the criteria for commitment is met, a copy of the report shall be provided to Department of Human Services. The person has the right to obtain an additional examination paid for by the county that may be placed in evidence before the board, the reasonable expense of which shall be reimbursed to the county unless the person is indigent. A lien for the amount of these costs may be filed upon the person's real and personal property to ensure payment.

Source: SL 2000, ch 131, § 60; SL 2002, ch 136, § 2.
S.D. Codified Laws § 27B-3-40 — SD Code / Title 27B / Chapter 3 / Section 27B-3-40
Monthly certification of charges to counties--Payments to state
Status: in_force

Any charges to a county under § 27B-3-35 shall be certified each month by the secretary of the Department of Human Services to the county auditor. The billing shall include an itemized listing of charges. The billing shall be sent to county auditors no later than the fifth day of the month. Upon receiving the billing, the county shall pay the amount due to the state remittance center within the time period established by chapter 4-3 .

Source: SL 2000, ch 131, § 42.
S.D. Codified Laws § 27A-15-59 — SD Code / Title 27A / Chapter 15 / Section 27A-15-59
Immunity for local interagency team members
Status: in_force

Any person serving as a member of a local interagency team as provided for in § 27A-15-54 whose action in the identification of placements, programs, and services for minors with emotional disturbances and their families pursuant to the provisions of this chapter is made in good faith and in the best interest of the child, is immune from any civil liability that might otherwise be incurred or imposed.

Source: SL 1994, ch 226; SL 2001, ch 150, § 8.
S.D. Codified Laws § 27A-15-39 — SD Code / Title 27A / Chapter 15 / Section 27A-15-39
Educational programming for involuntarily committed minor
Status: in_force

The administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that the minor receives educational programming consistent with applicable federal and state law.

Source: SL 1991, ch 220, § 329.
S.D. Codified Laws § 27B-3-31 — SD Code / Title 27B / Chapter 3 / Section 27B-3-31
Application to pay less than normal charges
Status: in_force

Any person in the facility may apply to the secretary of the Department of Human Services to pay less than the per diem rate. On receipt of such application, the secretary shall determine the ability of the person in the facility to pay all or a part of the applicable charge.

Source: SL 2000, ch 131, § 33.
S.D. Codified Laws § 27A-12-3.13 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.13
Petition for authority to administer psychotropic medication or other medical treatment--Examination and physician opinion of incapacity to consent required
Status: in_force

The administrator or attending psychiatrist or facility director may petition the circuit court or the board of mental illness for the authority to administer psychotropic medication and such other medical treatment as may be necessary for the treatment of the person's mental illness, including electroconvulsive therapy, to an involuntarily committed patient if, after a personal examination, the person's treating physician and the medical director or attending psychiatrist believe psychotropic medication and such other medical treatment, including electroconvulsive therapy, will be medically beneficial to the person and is necessary because:

(1) The person presents a danger to self or others;

(2) The person cannot improve or the person's condition may deteriorate without the medication and such treatment; or

(3) The person may improve without the medication or such treatment but only at a significantly slower rate;

Source: SL 1989, ch 237, § 3; SL 1991, ch 220, § 198; SDCL Supp, § 27A-12-11.5 ; SL 1999, ch 141, § 2; SL 2012, ch 149, § 34.
S.D. Codified Laws § 27A-15-1.1 — SD Code / Title 27A / Chapter 15 / Section 27A-15-1.1
Serious emotional disturbance defined
Status: in_force

For the purposes of this chapter, an individual with a serious emotional disturbance is an individual who:

(1) Is under eighteen years of age;

(2) Exhibits behavior resulting in functional impairment which substantially interferes with, or limits the individual's role or functioning in the community, school, family, or peer group;

(3) Has a mental disorder diagnosed under the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, 2013, or coding found in the International Classification of Diseases, 10th revision, Clinical Modification, 2015;

(4) Has demonstrated a need for one or more special care services, in addition to mental health services; and

(5) Has problems with a demonstrated or expected longevity of at least one year or has an impairment of short duration and high severity.

For purposes of this section, intellectual disability, epilepsy, other developmental disability, alcohol or substance abuse, brief period of intoxication, or criminal or delinquent behavior do not, alone, constitute a serious emotional disturbance.

Source: SL 1994, ch 255, § 2; SL 2000, ch 129, § 19; SL 2013, ch 125, § 7; SL 2016, ch 15, § 9; SL 2017, ch 120, § 1.
S.D. Codified Laws § 27A-15-45 — SD Code / Title 27A / Chapter 15 / Section 27A-15-45
Experimental treatments prohibited--Petition for authorization under certain circumstances
Status: in_force

Except as otherwise provided herein, no minor may be administered or subjected to experimental procedures or interventions of any type. A parent's, guardian's, custodian's, or minor's consent alone may not authorize such experimental procedures, interventions, or treatments. If the minor's treating psychiatrist determines, in writing, that any experimental treatments are necessary and the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the administrator or facility director shall immediately petition the circuit court pursuant to § 27A-15-49 for authorization to institute such treatment upon the following conditions being met:

(1) The treating psychiatrist's opinion is concurred in by a consulting psychiatrist or, if a consulting psychiatrist is not available, a consulting physician; and

(2) The oral and written informed consent of the parent, or guardian and minor if over sixteen, are obtained.

The parent's or guardian's and minor's informed consent, the treating psychiatrist's determination, and the consulting psychiatrist's or physician's concurrence shall become a part of the minor's medical records.

Source: SL 1991, ch 220, § 335; SL 2013, ch 122, § 8.
S.D. Codified Laws § 27A-4-15 — SD Code / Title 27A / Chapter 4 / Section 27A-4-15
Transportation of nonresident patient to home state--Payment of expense
Status: in_force

If it appears to the satisfaction of the administrator of the South Dakota Human Services Center and to the secretary of social services that a person has been received at such institution who is not a resident of this state, but who is a resident of some other state or territory of the United States, the administrator of such hospital shall so certify, and shall provide for the transportation of such person to the state of his residence, and particularly to a similar institution of such state, and shall also provide an attendant to take such patient to the state of his residence and to such institution therein. The expense of transporting and caring for such person en route, together with the expense of such attendant, shall be paid out of the general funds of the state.

Source: SDC 1939, § 30.0121; SDCL § 27-4-16; SL 1975, ch 181, § 57; SL 1989, ch 21, § 74; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-12-27.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-27.1
Request for notice and notice of pending discharge
Status: in_force

If a request for notice is made pursuant to subdivision 27A-12-27(7), the request shall:

(1) Be made in writing and served upon an inpatient facility, either by personal service or electronic facsimile with oral notice of the facsimile given by telephone, before the discharge;

(2) Contain clear contact information and a reasonable contact method for notifying the requesting official, agency, or institution; and

(3) Contain clear information identifying the person.

Upon receipt of a request fulfilling the requirements of this section, the inpatient facility shall provide the notice of pending discharge to the requester as soon as reasonably practical before discharge. The notice shall contain the time, date, and location of the pending discharge. The inpatient facility shall record in the person's medical record the time the notice of pending discharge is given, to whom, how the notice was given, who gave the notice, the set time for discharge, and the time the law enforcement official or agency obtained custody of the person after the notice was given, if applicable.

Source: SL 2016, ch 147, § 2.
S.D. Codified Laws § 27A-12-33.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-33.1
Exercise of rights
Status: in_force

The exercise of rights afforded in this title are not subject to any reprisal, including reprisal through the actual or threatened denial of any treatment, benefits, privileges, or other rights.

Source: SL 1991, ch 220, § 247.
S.D. Codified Laws § 27A-4-12 — SD Code / Title 27A / Chapter 4 / Section 27A-4-12
Contract for care of person in United States custody
Status: in_force

The center may enter into written contracts with the United States for the treatment and care of persons in the custody of the United States subject to the provisions of this title.

Source: SL 1945, ch 129; SDC Supp 1960, § 30.01 17-1 ; SDCL, § 27-4-15; SL 1989, ch 21, § 72; SL 1991, ch 220, § 16.
S.D. Codified Laws § 27A-10-9.4 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9.4
Failure to comply with requirements of outpatient commitment or treatment order
Status: in_force

If a person fails to comply with the requirements specified in an outpatient commitment order or a treatment order, and the person's treating physician or staff of the specified outpatient treatment program believes that the person's current condition is likely to deteriorate until it is probable that the person will be a danger to self or others, the program director or the person's treating physician may notify law enforcement and provide law enforcement with a certified copy of the outpatient commitment order or treatment order.

Source: SL 2012, ch 149, § 20.
S.D. Codified Laws § 27A-12-3 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3
Notice of rights furnished patient--Display
Status: in_force

Each person admitted or involuntarily detained or committed has the right to be informed promptly upon entering the facility or program and periodically thereafter, both verbally and in writing in language and terms appropriate to such person's condition and ability to understand, of the rights described in this chapter.

A notice listing and describing in language and terms appropriate to the ability of persons to whom such notice is addressed to understand the rights described in this chapter shall be prominently displayed in locations accessible to such persons.

Source: SL 1975, ch 181, § 26; SDCL Supp, § 27-4-22.2; SL 1991, ch 220, § 170.
S.D. Codified Laws § 27A-13-7 — SD Code / Title 27A / Chapter 13 / Section 27A-13-7
Periodic approval and monthly assessment of charges--Method of computation
Status: in_force

The secretary of social services shall periodically approve the per diem rate for the care, support, maintenance, and treatment provided to each patient by or at the expense of the South Dakota Human Services Center for the fiscal year during which the services are rendered and cause such amount, or portion thereof as may be appropriate, to be assessed monthly against and collected from the patient or responsible person, agency, or other entity legally liable for paying all or any part of the patient's applicable amount if it has been determined that the patient or that the legally responsible person or agency is not financially able to pay the total service charge.

The secretary shall set the per diem rate based on the center's actual expenditures during the fiscal year immediately preceding the fiscal year for which the amount is being determined and shall compute that determination of the amount as follows:

(1) The total expenditures of the center for operating the center's psychiatric nursing facility, including an apportionment of all the center's support services to that unit, for the fiscal year immediately preceding the fiscal year for which the amount is being determined shall be computed in accordance with generally accepted accounting procedures. In so doing, the secretary may not include any of the following:

(a) Capital expenditures for land or building fixed assets;

(b) Expenditures for special educational programs required by state or federal law to be provided to center patients who are under the age of twenty-one years;

(c) Expenditures for direct medical care provided to a patient at medical facilities other than the center, the cost of which shall be charged directly against the patient who received that care at the exact cost to the center as a total service charge for that care.

Those total expenditures shall then be divided by the average daily on roll census of the center's psychiatric nursing facility unit to arrive at the per diem amount for that unit for the fiscal year.

(2) The total expenditures of the center for operating all of its treatment units, excepting its psychiatric nursing facility unit, including an apportionment of all the center's support services to those units, for the fiscal year immediately preceding the fiscal year for which amount is being determined, shall be computed in accordance with generally accepted accounting procedures. In so doing, the secretary may not include the following:

(a) Capital expenditures for land or building fixed assets;

(b) Expenditures for special educational programs required by state or federal law to be provided to center patients who are under the age of twenty-one years;

(c) Expenditures for direct medical care provided to a patient at medical facilities other than the center, the cost of which shall be charged directly against the patient who received that care at the exact cost to the center as a total service charge for that care.

Those total expenditures shall then be divided by the center's average daily on roll census, excluding psychiatric nursing facility patients, to arrive at the per diem amount for all the center's treatment units, excepting the psychiatric nursing facility unit, for the fiscal year.

Source: SL 1964, ch 104, § 4 (1); SDCL § 27-9-4; SL 1974, ch 186, § 1; SL 1975, ch 181, § 119; SL 1980, ch 194, § 2; SL 1989, ch 21, § 97; SL 1999, ch 142, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-7-51.1 — SD Code / Title 27B / Chapter 7 / Section 27B-7-51.1
Discharge--Notification of discharge--Voluntary admission
Status: in_force

Any person involuntarily committed shall be discharged if the director of the South Dakota Developmental Center or the director of a developmental disability community service provider determines that the person no longer meets commitment criteria. The South Dakota Developmental Center or community service provider shall immediately notify the chair of the county review board who issued the commitment order that the person no longer meets commitment criteria and that the person is being discharged. Nothing in this section precludes any person or the person's legal representative from subsequently seeking admission to a program on a voluntary basis.

Source: SL 2004, ch 185, § 1.
S.D. Codified Laws § 27B-8-56 — SD Code / Title 27B / Chapter 8 / Section 27B-8-56
Time-out rooms
Status: in_force

Time - out rooms used for separating a person with a developmental disability from other persons receiving services and group activities may be employed only under close and direct staff supervision and only as a technique in behavior intervention programs. No time - out room may be used in an emergency situation. Behavior intervention programs utilizing a time - out procedure may be implemented only if it incorporates a positive approach designed to result in the acquisition of appropriate behavior.

Source: SL 2000, ch 131, § 102; SL 2002, ch 136, § 27.
S.D. Codified Laws § 27A-8-1 — SD Code / Title 27A / Chapter 8 / Section 27A-8-1
Requirements for admission of voluntary patients
Status: in_force

The facility director or administrator may receive as a voluntary patient any person eighteen years of age or older who understands the nature of voluntary inpatient treatment, is capable of giving informed consent, and voluntarily executes a written application for admission, if the following requirements are met:

(1) If, after examination by a staff psychiatrist, the facility director or administrator determines that the applicant is clinically suitable for inpatient treatment. In the event of the unavailability of a staff psychiatrist, admission may be granted pending an examination by a staff psychiatrist within one working day;

(2) A less restrictive treatment alternative is inappropriate or unavailable;

(3) The person is in need of and will likely benefit from treatment which is available at the facility;

(4) The requirements in § 27A-8-15 have been met; and

(5) The person does not have medical needs which are beyond the capacity of the center or inpatient psychiatric facility.

If a person eighteen years of age or older voluntarily seeks admission to an inpatient psychiatric facility without any element of force, duress, threat or other form of coercion and the facility director or administrator determines, after the explanation required in § 27A-8-15 , that the person is incapable of exercising an informed consent to the admission, the person may be admitted upon exercise of a substituted informed consent in accordance with §§ 27A-8-18.1 and 27A-8-19 .

Source: SDC 1939, § 30.0115; SL 1955, ch 111; SL 1957, ch 147; SL 1959, ch 170; SL 1961, ch 153; SL 1964, ch 104, § 8; SDCL § 27-4-12; SL 1975, ch 181, § 32; SL 1981, ch 206, § 1; SL 1991, ch 220, § 46; SL 1992, ch 190, § 4; SL 1995, ch 158, § 1; SL 2012, ch 149, § 12.
S.D. Codified Laws § 27A-12-6.2 — SD Code / Title 27A / Chapter 12 / Section 27A-12-6.2
Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner
Status: in_force

The use of seclusion or restraint requires clinical justification and shall be employed only to prevent immediate harm to the person or others, or if less restrictive means of restraint are not feasible. Seclusion or restraint may not be employed as punishment or for the convenience of staff. Seclusion or restraint may be authorized only by a qualified mental health professional, physician's assistant, or certified nurse practitioner.

The rationale for the use of seclusion or restraint shall address the inadequacy of less restrictive intervention techniques. A personal clinical assessment of the person shall be conducted and clinical justification for the use of seclusion and restraint shall be documented in the person's records when the procedure is implemented. A report shall be prepared and included in the person's record. The implementation of seclusion or restraint may not exceed one hour, at which time an order from a qualified mental health professional, physician's assistant or certified nurse practitioner is required if seclusion or restraint is to be continued. The order shall be entered in the person's records as soon as possible, but not more than twenty-four hours after implementation of the order. Each written order for seclusion or restraint shall be time-limited and shall not exceed twenty-four hours.

Seclusion or restraint may not be used in a manner that causes undue physical discomfort, harm, or pain to the person. Appropriate attention shall be paid every fifteen minutes to a person in seclusion or restraint, especially in regard to regular meals, bathing, and the use of the toilet, unless more frequent attention is warranted. There shall be documentation in the person's record that such attention was given to the person.

Source: SL 1975, ch 181, § 20; SDCL Supp, § 27-7-35; SL 1985, ch 219, § 1; SL 1987, ch 198, § 19; SL 1991, ch 220, § 224; SDCL Supp, § 27A-12-6 ; SL 2017, ch 171, § 50.
S.D. Codified Laws § 27B-7-32.5 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.5
Attorney general may request reopened hearing--Notice
Status: in_force

Within ten days of the attorney general's receipt of the committing board's findings regarding residence and summary of proofs thereon, the attorney general may request the committing county review board to reopen the hearing by mailing a request to the chair of the committing county review board. Notice of the reopened hearing shall be given to any county adversely interested and to the attorney general at least ten days prior to the reopened hearing by mailing notice to the county auditor of any county adversely interested and to the attorney general.

Source: SL 2002, ch 136, § 8.
S.D. Codified Laws § 27A-5-18 — SD Code / Title 27A / Chapter 5 / Section 27A-5-18
Charges for other services by local centers--Schedule of fees
Status: in_force

When other services are provided by a local mental health center to individuals pursuant to this title, charges for such services may be assessed to the individual, to any third - party payment resource available, to the county of residence if indigent, provided, however, the provisions of chapter 28-14 do not apply, or to the department through contract with the center. The schedule of fees for services provided shall be the same as those assessed to the general public or according to agreements made with the county.

Source: SL 1991, ch 220, § 37.
S.D. Codified Laws § 27B-3-32 — SD Code / Title 27B / Chapter 3 / Section 27B-3-32
Determination of amount to be paid by patient--Filing of grievance
Status: in_force

Upon receipt of all information desired by the secretary of the Department of Human Services, the secretary shall determine, based upon the financial ability of the person in the facility, whether the person shall be charged with the full amount or a lesser amount. If a person in the facility or county where the person in the facility resides, disagrees with the determination of the secretary of the Department of Human Services, a grievance may be filed with the secretary within thirty days from the date of such determination. However, each such grievance may not be filed more than once every six months. The decision of the secretary is final.

Source: SL 2000, ch 131, § 34.
S.D. Codified Laws § 27A-10-1 — SD Code / Title 27A / Chapter 10 / Section 27A-10-1
Petition asserting need for immediate intervention of mentally ill person--Contents
Status: in_force

If any person is alleged to be severely mentally ill and in such condition that immediate intervention is necessary for the protection from physical harm to self or others, any person, eighteen years of age or older, may complete a petition stating the factual basis for concluding that such person is severely mentally ill and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:

(1) A statement by the petitioner that the petitioner believes, on the basis of personal knowledge, that such person is, as a result of severe mental illness, a danger to self or others;

(2) The specific nature of the danger;

(3) A summary of the information upon which the statement of danger is based;

(4) A statement of facts which caused the person to come to the petitioner's attention;

(5) The address and signature of the petitioner and a statement of the petitioner's interest in the case; and

(6) The name of the person to be evaluated; the address, age, marital status, and occupation of the person and the name and address of the person's nearest relative.

The state's attorney or other person designated by the board of county commissioners shall assist the petitioner in completing the petition. No designee may be a member of the county board of mental illness. Upon completion of the petition, the petition shall be forthwith submitted to the chair of the county board of mental illness where such severely mentally ill person is found. The term, forthwith, means that the petition shall be completed and submitted to the chair at the earliest possible time during normal waking hours. If a petition is not filed with the chair within twenty - four hours of the apprehension of the person, the person shall be released. If the person is released, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. If the county where the person was apprehended is served by a board other than the board serving the county where the facility to which the person is transported is located, a copy of the petition shall also be forthwith filed with the chair of such board.

Source: SL 1974, ch 184, § 2; SL 1975, ch 181, § 107; SDCL Supp, § 27-7A-2; SL 1991, ch 220, § 110; SL 2000, ch 129, § 3.
S.D. Codified Laws § 27A-13-15 — SD Code / Title 27A / Chapter 13 / Section 27A-13-15
County appropriation for support of mentally ill
Status: in_force

The board of county commissioners shall annually appropriate a sum sufficient to pay for the support of its mentally ill.

Source: SDC 1939, § 30.0214; SDCL, § 27-9-25; SL 1985, ch 77, § 34.
S.D. Codified Laws § 27A-1-16 — SD Code / Title 27A / Chapter 1 / Section 27A-1-16
Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state
Status: in_force

Any treatment facility in South Dakota may enter negotiations with appropriate personnel of a bordering state to develop a contract that conforms to the requirements of §§ 27A-1-12 to 27A-1-17 , inclusive. A contract with a bordering state shall enable the temporary placement in South Dakota by a bordering state of a person who is on an emergency hold or who has been involuntarily committed due to mental illness or a substance use disorder as determined by the bordering state. Any person committed by a bordering state or on emergency hold from a bordering state and who is placed in a South Dakota facility continues to be in the legal custody of the bordering state and shall be returned to the bordering state before release from emergency hold or involuntary commitment. The bordering state's laws governing commitment criteria, length of commitment, hearings, reexaminations, and extension of commitment continue to apply to these bordering state residents. The State of South Dakota is not responsible for treatment costs, legal proceeding costs, or transportation costs. In all other aspects, a resident of a bordering state placed in a South Dakota facility is subject to the laws of South Dakota. A contract under §§ 27A-1-12 to 27A-1-17 , inclusive, with a bordering state or bordering state governmental entity shall specify that responsibility for payment for the cost of care and transportation for persons under §§ 27A-1-12 to 27A-1-17 , inclusive, remains with the contracting entity of the bordering state of which that person is a resident.

Source: SL 2004, ch 184, § 5, eff. Mar. 9, 2004; SL 2016, ch 15, § 8.
S.D. Codified Laws § 27B-8-36 — SD Code / Title 27B / Chapter 8 / Section 27B-8-36
Rights and responsibilities of person with developmental disability
Status: in_force

Unless modified by court order, a person with a developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws .

Source: SL 2000, ch 131, § 81.
S.D. Codified Laws § 27A-10-5 — SD Code / Title 27A / Chapter 10 / Section 27A-10-5
Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended
Status: in_force

Immediately after a person is taken into custody pursuant to § 27A-10-2 or 27A-10-3 , a hold is initiated pursuant to § 27A-8-10.1 or 27A-10-19 , or a petition is filed pursuant to § 27A-8-11.2 , the person shall be notified both orally and in writing of the following:

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

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

(3) That the person will be examined by a qualified mental health professional, designated by the chair of the county board of mental illness, within twenty - four hours after being taken into custody to determine whether custody should continue; and

(4) The right, if custody is continued, to an independent examination and to a hearing within five days after being taken into custody, 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 further notified that the costs of any post - commitment treatment, medication, compensation for the attorney appointed to represent the person in any appeals proceedings, an additional examination requested by the person pursuant to § 27A-11A-9 , and a certified transcript or tape of proceedings requested by the person pursuant to § 27A-11A-2 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 ensure payment.

The notice shall also be given forthwith to the county board serving the county where the person was apprehended.

Source: SL 1974, ch 184, § 4; SL 1975, ch 181, § 110; SDCL Supp, § 27-7A-4; SL 1977, ch 212, § 3; SL 1991, ch 220, § 114; SL 1992, ch 26, § 6; SL 1992, ch 189, § 34; SL 1995, ch 162, § 1; SL 1997, ch 164, § 1; SL 2000, ch 129, § 6.
S.D. Codified Laws § 27A-10-9.2 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9.2
Medical treatment for mental illness or treatment of co-occurring substance use disorder
Status: in_force

If findings are made pursuant to § 27A-10-9.1 and an involuntary commitment is ordered, then the board may, at the same hearing or at a subsequent hearing, consider any petitions for:

(1) The authority to administer psychotropic medication, electroconvulsive treatment, and such other medical treatment as may be necessary for the treatment of the person's mental illness, pursuant to the provisions of §§ 27A-12-3.13 to 27A-12-3.15 , inclusive, for the period specified in § 27A-12-3.16 ; and

(2) For the treatment of any co-occurring substance use disorder upon the petition of the person's spouse or guardian, a relative, a physician, the administrator or facility director of any approved treatment facility, or any other responsible person over the age of eighteen, on the grounds that the person is an alcohol or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and the person:

(a) Has threatened, attempted, or inflicted physical harm on self or on another and that unless treated is likely to inflict harm on self or on another; or

(b) Is incapacitated by the effects of alcohol or drugs; or

(c) Is pregnant and abusing alcohol or drugs.

If after hearing all relevant evidence, the board finds, by clear and convincing evidence, that the above grounds for involuntary treatment of a co-occurring substance use disorder exists, the board may also order a commitment for such co-occurring disorder to any appropriate treatment facility, for a period not to exceed ninety days. The board may not order such commitment unless it determines that the proposed facility is able to provide adequate and appropriate treatment and the treatment is likely to be beneficial.

Source: SL 2012, ch 149, § 18.
S.D. Codified Laws § 27A-15-40 — SD Code / Title 27A / Chapter 15 / Section 27A-15-40
Periodic review following involuntary commitment--Assessment--Right to refuse treatment
Status: in_force

Within ten days after the involuntary commitment of a minor and at least every thirty days thereafter, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program, shall review the minor's records and assess the need for continued involuntary treatment. At each such time, the administrator or such director shall inform a minor who is sixteen years of age or older both orally and in writing of his right to refuse treatment as provided in § 27A-15-48 . If at any time the administrator or such director or the minor's attending qualified mental health professional determines that the minor no longer meets the criteria in § 27A-15-29 , the administrator or such director shall immediately release the minor to the care of the minor's parent, legal guardian, or other custodian. Upon discharge of the minor, the referring county shall provide the minor with transportation to the minor's residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. A refusal by the parent, guardian, or other legal custodian to take physical custody of the minor is not sufficient reason for continued commitment. In the event of such refusal, the administrator or such director shall explain alternative treatment options available to the parents and the child and advise the parents 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, § 330; SL 1993, ch 213, § 128; SL 1994, ch 255, § 8.
S.D. Codified Laws § 27A-11A-4 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-4
State's attorney to represent petitioners--Reasonable costs
Status: in_force

In any proceeding for involuntary commitment, review, or detention, or in any proceeding challenging commitment or detention, the state's attorney for the county in which the proceeding is held shall represent the petitioner and shall defend all challenges to commitment or detention. The county ultimately shown to be the county of residence shall reimburse the county in which the proceeding is held for any reasonable cost of such representation. No lien may be placed against the person for the costs incurred in any proceeding for involuntary commitment, review, or detention.

Source: SL 1975, ch 181, § 82; SDCL Supp, § 27-7-2.3; SL 1991, ch 220, § 140; SDCL, § 27A-9-4; SL 1999, ch 143, § 6; SL 2000, ch 129, § 11.
S.D. Codified Laws § 27A-1-18 — SD Code / Title 27A / Chapter 1 / Section 27A-1-18
Designation of caregiver to receive information regarding resident of treatment facilities
Status: in_force

A resident of a treatment facility may designate a caregiver to receive notice of the resident's treatment and aftercare plan developed under § 27A-12-3.7 upon the resident's admission into the treatment facility or, for any resident who is unconscious or otherwise incapacitated upon admission into the treatment facility, upon the resident's recovery of consciousness or capacity. For any resident who is unable to make decisions upon the resident's admission into a treatment facility, the resident's guardian, durable power of attorney for healthcare as defined in § 34-12C-1 , or any person authorized to make decisions for the resident under § 34-12C-2 may designate a caregiver to receive notice of the resident's treatment and aftercare plan.

Upon a resident's admission into a treatment facility, or upon the resident's recovery of consciousness or capacity, the treatment facility shall inform the resident of the right to designate a caregiver to receive notice of the resident's treatment and aftercare plan.

A treatment facility shall request and document in a resident's record the name, address, telephone number, and relationship to the resident of any caregiver designated under this section; a choice under this section not to make a designation under this section; and any change in designation of a caregiver under this section. The record under this section shall be provided to any treatment facility to which the resident may be transferred.

A resident may revoke the designation of a caregiver under this section at any time.

For purposes of this section, a caregiver is a person who provides informal support and advocacy, without pay, for any family member or friend who is a resident in need of support due to any physical, cognitive, or mental health condition. A caregiver under this section is not a health care professional.

Nothing in this section alters or interferes with any right or obligation of an agent designated as a power of attorney for health care under § 59-7-2.1 . Nothing in this section imposes any obligation or any civil liability on a caregiver designated under this section.

Source: SL 2019, ch 126, § 1.
S.D. Codified Laws § 27B-7-25.1 — SD Code / Title 27B / Chapter 7 / Section 27B-7-25.1
Board members immune from civil liability when acting in good faith--Exception
Status: in_force

Any person serving as a member of a county review board, whose action regarding the applications or petitions for involuntary commitment or for the safekeeping otherwise of persons 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, § 2.
S.D. Codified Laws § 27B-10-9 — SD Code / Title 27B / Chapter 10 / Section 27B-10-9
Commitment order--Annual review--Report--Review hearing--Order
Status: in_force

The court shall review any commitment order entered pursuant to § 27B-10-8 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 facility providing services to the person shall report to the committing court regarding the person's supports, services, or treatment and progress. If the facility is separate from the Department of Human Services, the report must also be served on the department. Following ten days' notice to the person, the person’s attorney, the department, and the facility providing services to the person if separate from the department, the court shall hold a review hearing. The review hearing must include participation by the state's attorney, the department, the facility providing services to the person if separate from the department, and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to a review hearing. A petition pursuant to § 27B-10-3 need not be filed. At the conclusion of the review hearing, the court may issue an order of continued commitment or immediately discharge the person from involuntary commitment if the conditions in § 27B-10-8 justifying commitment no longer exist.

Source: SL 2023, ch 92, § 9.
S.D. Codified Laws § 27A-10-18 — SD Code / Title 27A / Chapter 10 / Section 27A-10-18
Refusal of admission and commitment when medical condition exceeds center's capacity
Status: in_force

The center may refuse the admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center.

Source: SL 1995, ch 158, § 3.
S.D. Codified Laws § 27A-10-19 — SD Code / Title 27A / Chapter 10 / Section 27A-10-19
Twenty-four-hour hold permitted--Notice to county board
Status: in_force

If any person presents to a facility licensed by the state as a hospital or designated as an appropriate regional facility, other than the Human Services Center, and after an examination by a qualified mental health professional it is determined that the person is severely mentally ill and in such condition that immediate intervention is necessary to protect the person from physical harm to self or others, the qualified mental health professional may initiate a twenty-four-hour hold on the person and retain the person at the hospital or appropriate regional facility for purposes of observation and emergency treatment. The hospital, the appropriate regional facility, or the qualified mental health professional shall notify the chair of the county board of mental illness of the twenty-four-hour hold. The qualified mental health professional shall petition for commitment of the person according to §§ 27A-10-1 and 27A-10-4 . The person shall be afforded rights according to § 27A-10-5 . If a petition for emergency commitment pursuant to § 27A-10-1 is not filed within twenty-four hours, the person must be released.

Source: SL 1999, ch 139, § 1; SL 2023, ch 90, § 1.
S.D. Codified Laws § 27A-15-22 — SD Code / Title 27A / Chapter 15 / Section 27A-15-22
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, § 312.
S.D. Codified Laws § 27B-8-49 — SD Code / Title 27B / Chapter 8 / Section 27B-8-49
Further disclosure of information
Status: in_force

Any person receiving information made confidential by § 27B-8-47 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was released.

Source: SL 2000, ch 131, § 94.
S.D. Codified Laws § 27A-15-4 — SD Code / Title 27A / Chapter 15 / Section 27A-15-4
Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional
Status: in_force

Application for admission of a minor to an inpatient psychiatric facility may be made by a guardian or legal custodian of the person of the minor upon the recommendation for such application by a qualified mental health professional. The provisions of this chapter, including § 27A-15-5 , apply to the admission of the minor. The rights and obligations specified for the parent and the minor in this chapter shall be equally applicable to and enforceable by or against the guardian and the minor. Emergency admission of the minor shall be governed by the provisions for involuntary commitment as set forth in this chapter and in this title. Nothing in this section precludes the secretary of the Department of Corrections or the court from placing a child in an inpatient psychiatric facility upon the recommendation of a qualified mental health professional if it is determined the minor meets the applicable criteria.

Source: SL 1991, ch 220, § 294; SL 1992, ch 195, § 1.
S.D. Codified Laws § 27A-3-1 — SD Code / Title 27A / Chapter 3 / Section 27A-3-1
General functions of department
Status: in_force

The Department of Social Services shall consider, determine, and establish policy and exercise such coordination for programs for mental health care and the treatment of mental illness; develop, maintain, and operate programs for mental health services and the treatment of mental illness, and coordinate the work of the state departments involved in such programs. It shall also assist mental health centers within the State of South Dakota in programs of consultation, care, and training and to carry out the duties imposed in this title, or as otherwise authorized and assigned to the department by law.

Source: SL 1966, ch 186, § 2; SDCL § 27-3-8; SL 1989, ch 21, § 50; SL 1991, ch 220, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-10-1 — SD Code / Title 27B / Chapter 10 / Section 27B-10-1
Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Civil commitment authorized
Status: in_force

Any person with a felony sexual offense charge that has been dismissed pursuant to § 23A-10A-14 , due to a developmental disability as defined in § 27B-1-18 , is subject to civil commitment proceedings in accordance with this chapter.

Source: SL 2023, ch 92, § 1.
S.D. Codified Laws § 27A-12-3.11 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.11
Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization
Status: in_force

Emergency surgery and any other emergency medical procedures may be performed without the patient's consent or court or board order if the life of the recipient is threatened and there is not time to obtain consent or order or if the patient is incapacitated as defined in § 34-12C-1 and substitute informed consent is obtained from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C . Documentation of the necessity for the medical procedure shall be entered into the patient's record as soon as practicable.

If it is ordered by a physician, psychotropic medication may be administered to a person in an emergency to prevent serious physical harm to the person or to others. Psychotropic medication, electroconvulsive therapy, and such other medical treatment as may be necessary for the treatment of the person's mental illness may also be administered if the attending physician and one other physician determine that administration of such medication, therapy, or treatment is necessary to prevent significant deterioration of the person's severe mental illness and that the person's potential for improvement would be significantly impaired if such treatment is not provided. The medication, electroconvulsive therapy, or such other necessary medical treatment may be continued for up to ten days and may be extended for one additional ten day period if a petition is filed pursuant to § 27A-12-3.13 within the first ten day period. The reason for such treatment shall be documented in the patient's medical record. Electroconvulsive therapy may be administered only by a physician. Any physician who in good faith orders and administers psychotropic medication, electroconvulsive therapy, or such other necessary medical treatment under this section is immune from any civil liability for such order and administration, unless injury results from gross negligence or willful or wanton misconduct.

Health care may be performed with the patient's informed consent, or if the patient is incapacitated, by a substitute informed consent from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C . Informed consent may be withdrawn at any time, is effective immediately upon communication of the withdrawal of consent to the treatment provider, and shall thereafter be reduced to writing.

No sterilization may be authorized under authority of this title for a person incapable of providing written informed consent.

Source: SL 1975, ch 181, § 21; SDCL Supp, § 27-7-57; SL 1991, ch 220, § 194; SDCL § 27A-12-19 ; SL 1996, ch 183; SL 2012, ch 149, § 32; SL 2013, ch 122, § 2; SL 2014, ch 130, § 1.
S.D. Codified Laws § 27B-1-16 — SD Code / Title 27B / Chapter 1 / Section 27B-1-16
Use of other boards or councils
Status: in_force

The Department of Human Services may establish and use state, regional, or local boards or councils to assist in the planning and implementation of community services.

Source: SL 2000, ch 131, § 4.
S.D. Codified Laws § 27A-7-3.1 — SD Code / Title 27A / Chapter 7 / Section 27A-7-3.1
Conflict of interest--Procedure for removal of board member
Status: in_force

If it appears any member of the board has a conflict of interest, he may be removed by the filing of an affidavit with the chairman of the board setting forth the grounds for the disqualification. Unless the affidavit appears clearly frivolous, it shall be granted. In the event of disqualification, a duly designated alternate or temporary replacement shall serve in the place of the disqualified board member.

Source: SL 1991, ch 220, § 40.
S.D. Codified Laws § 27A-14-3 — SD Code / Title 27A / Chapter 14 / Section 27A-14-3
Notice to county board of discharge of involuntary patient--Transportation to home
Status: in_force

If a patient is discharged in accordance with § 27A-14-2 , the county board of mental illness which entered the order for treatment shall be notified. Within forty - eight hours of discharge notification, the county board of mental illness shall provide the patient's transportation to his place of residence if the patient so chooses.

Source: SDC 1939, § 30.0220; SL 1964, ch 104, § 12; SDCL, § 27-10-8; SL 1975, ch 181, § 132; SL 1987, ch 198, § 25; SL 1991, ch 220, § 277.
S.D. Codified Laws § 27A-13-21 — SD Code / Title 27A / Chapter 13 / Section 27A-13-21
Administrator to charge expenses to county of residence despite commitment from another county
Status: in_force

If the administrator of the Human Services Center has been advised by a county board of mental illness, the attorney general pursuant to § 27A-13-18 , or by a circuit court, that a patient sent to the center from one county has a residency in another county, he shall thereafter hold and keep such patient as from the latter county, and such holding shall apply to expenses already incurred in behalf of such patient and remaining unadjusted.

Source: SDC 1939, § 30.0213; SDCL, § 27-9-21; SL 1976, ch 173, § 32; SL 1986, ch 227, § 12.
S.D. Codified Laws § 27B-3-21 — SD Code / Title 27B / Chapter 3 / Section 27B-3-21
County review board may order commitment
Status: in_force

Any person with a developmental disability may be admitted to the South Dakota Developmental Center if the county review board orders commitment pursuant to the process provided in this title.

Source: SL 2000, ch 131, § 23.
S.D. Codified Laws § 27A-12-25.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-25.1
Information closed to public inspection--Sealed upon termination of proceedings
Status: in_force

Any information acquired by a peace officer pursuant to his authority under this title regarding any person subject to any proceedings under this title shall not be open to public inspection, and any records regarding such person shall be sealed upon the termination of proceedings for which the information was acquired, and shall be opened only by order of the circuit court.

Source: SL 1991, ch 220, § 227.
S.D. Codified Laws § 27B-7-48 — SD Code / Title 27B / Chapter 7 / Section 27B-7-48
Involuntary commitment--Rules
Status: in_force

The secretary of the Department of Human Services may, pursuant to chapter 1-26 , adopt reasonable and necessary rules pertaining to involuntary commitment.

Source: SL 2000, ch 131, § 80.
S.D. Codified Laws § 27A-15-31 — SD Code / Title 27A / Chapter 15 / Section 27A-15-31
Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients
Status: in_force

After examination of a petition filed pursuant to § 27A-15-30 , the chair of the county board may order the apprehension and transportation of a minor who meets the criteria in § 27A-15-30 , for involuntary commitment to an appropriate regional facility other than the center. A jail may not be used for the custody of a minor. However, a juvenile detention facility may be used for pre - hearing custody if the availability of other appropriate regional facilities has been explored and exhausted. If an appropriate regional facility maintains a separate unit for minors, a minor may not be confined with adult detainees or patients. A minor may not be confined in an appropriate regional facility that does not maintain a separate unit for minors until the availability of other appropriate regional facilities maintaining a separate unit for minors has been explored and exhausted. If a minor must be placed in a facility that does not have a separate unit for minors, the minor shall be provided separate sleeping quarters and, to the maximum extent possible, separate day areas. Adequate supervision shall be provided. Effective January 1, 1993, appropriate regional facilities shall have a separate unit on which minors may be confined.

Source: SL 1991, ch 220, § 321; SL 1999, ch 139, § 2.
S.D. Codified Laws § 27A-11A-1.3 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-1.3
Assurance of authenticity of electronic signature
Status: in_force

Notwithstanding § 27A-11A-1.2 , the board may determine that an entity's electronic signature system does not provide sufficient assurance of authenticity of signed documents or that an electronic signature system different from that described in § 27A-11A-1.2 provides sufficient assurance of authenticity.

Source: SL 2012, ch 149, § 29.
S.D. Codified Laws § 27B-7-38 — SD Code / Title 27B / Chapter 7 / Section 27B-7-38
Board may issue detention order--Person detained without professional's recommendation to be examined within given time or released--Professional examination and report--Person released if not dangerous
Status: in_force

The county review board may issue a detention order and direct a law enforcement officer from the referring county or the county of residence to immediately take the person to a community service provider or facility recommended by the Department of Human Services, with the approval of the provider, to be detained for purposes of an examination if the county review board finds from the petition, from other statements under oath, or from reports of physicians, psychiatrists, psychologists, or other qualified developmental disabilities professionals that there is reasonable basis to believe that the person to be committed poses an immediate danger of physical injury to self or others.

If the county review board issues a detention order based on a petition that did not include a recommendation for detention by a psychiatrist or psychologist, the person shall be examined by a psychiatrist or psychologist within forty-eight hours of the issuance of the detention order, excluding Saturdays, Sundays, and legal holidays. The results shall be reported to the county review board. If the report is not received by the county review board within forty-eight hours, excluding Saturdays, Sundays, and legal holidays, the person shall be released from placement with the community service provider. The report shall include:

(1) Whether the person may be diagnosed as having a developmental disability;

(2) Whether supports and services are available and appropriate in lieu of county review board proceedings; and

(3) Whether the person continues to pose an immediate danger of physical injury to self or others due to the developmental disability.

Upon receipt of the report by the county review board, if it is determined that the person continues to pose an immediate danger of physical injury to self or others due to the developmental disability, placement with a community service provider shall continue while the commitment process is pending. If the person does not continue to pose an immediate danger of physical injury to self or others, the person shall be released from placement with the community service provider pending further proceedings. No record of arrest may be charged against the person.

Source: SL 2000, ch 131, § 70; SL 2002, ch 136, § 15; SL 2013, ch 125, § 10.
S.D. Codified Laws § 27A-13-2 — SD Code / Title 27A / Chapter 13 / Section 27A-13-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1)(a) "Full-time equivalent patient population in the center's psychiatric nursing facility unit," the total daily patient count in that unit at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the number of days in that fiscal year;

(b) "Full-time equivalent patient population, excluding psychiatric nursing facility unit patients," the total daily patient count, excluding those patients in the center's psychiatric nursing facility unit, at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the number of days in that fiscal year;

(2)(a) "Per diem for the center's psychiatric nursing facility unit," the daily amount, set by the secretary of social services, for the daily care, support, maintenance, and treatment of a patient in the center's psychiatric nursing facility unit during any part of the period of time for which the amount is set if it has been determined that the patient or legally responsible person or agency is not able to pay the total service charge;

(b) "Per diem for any of the center's treatment programs, other than the psychiatric nursing facility unit," the daily amount, set by the secretary of social services, for the daily care, support, maintenance, and treatment of a patient in any of the center's acute, adolescent, alcohol, drug, extended (chronic), or other such treatment units, other than the center's psychiatric nursing facility unit, during any part of the period of time for which the amount is set if it has been determined that the patient or legally responsible person or agency is not able to pay the total service charge;

(3) "Responsible person," a person legally liable for the support and maintenance of a patient. A parent is not liable for the expenses of an adult child;

(4) "Total service charge," the actual cost of providing services to an individual patient at the South Dakota Human Services Center.

Source: SL 1964, ch 104, § 2; SDCL § 27-9-2; SL 1975, ch 181, § 117; SL 1980, ch 194, § 1; SL 1989, ch 21, § 95; SL 1991, ch 220, § 254; SL 1999, ch 142, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-4-8 — SD Code / Title 27A / Chapter 4 / Section 27A-4-8
Establishment of psychiatric units at center--Special units
Status: in_force

The Department of Social Services shall establish, at a minimum, appropriate acute, intermediate, and long-term psychiatric units at the South Dakota Human Services Center. Such units shall provide care, treatment, and rehabilitative services to those patients with mental illness specifically needing inpatient psychiatric treatment and admitted according to law. The Department of Social Services may establish other special units as it may determine necessary.

Source: SDC 1939, § 30.0202; SDCL § 27-4-10; SL 1975, ch 181, § 55; SL 1981, ch 205, § 1; SL 1987, ch 198, § 2; SL 1989, ch 21, § 70; SL 1991, ch 220, § 12; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-8-55 — SD Code / Title 27B / Chapter 8 / Section 27B-8-55
Highly restrictive procedures--Limitations on use
Status: in_force

The use of any highly restrictive procedures, including restraints and time - out, shall be described in written behavior intervention programs. Use of restraints shall be applied only in an emergency if alternative techniques have failed. Physical restraint intended to restrict the movement or normal functioning of a portion of a person's body through direct contact by staff, shall be employed only if necessary to protect the person with a developmental disability from immediate injury to self or others. No physical restraint may be employed as punishment, for the convenience of staff, or as a substitute for a program of services and supports. Physical restraint shall be applied only after alternative techniques have failed and only if such restraint is imposed in the least possible restriction consistent with its purpose. Mechanical restraint using mechanical devices intended to restrict the movement or normal functioning of a portion of a person's body is subject to special review and oversight, as defined in rules promulgated pursuant to chapter 1-26 . Any mechanical restraint shall be designed and used so as not to cause physical injury to the person with a developmental disability and so as to cause the least possible discomfort. No chemical restraint and medication may be used excessively, as punishment, for the convenience of staff, as a substitute for a program, or in quantities that interfere with a person's developmental program. In accordance with statute and the rules promulgated pursuant to chapter 1-26 , due process shall be assured pursuant to § 27B-8-52 for the use of physical, mechanical, or chemical restraints, including their use in an emergency or on a continuing basis.

Source: SL 2000, ch 131, § 101.
S.D. Codified Laws § 27A-15-9 — SD Code / Title 27A / Chapter 15 / Section 27A-15-9
Informed consent--Oral and written--Copy to parent and minor
Status: in_force

An informed consent, as defined in subdivision 27A-1-1(12), to inpatient treatment of the minor shall be obtained orally, and in writing upon the application form from the parent. The consent and signed application shall become part of the minor's medical records. In addition, a copy of the signed application and a written statement of the parent's and minor's rights under this title shall be given to the parent and to the minor.

Source: SL 1991, ch 220, § 299; SL 1992, ch 189, § 12.
S.D. Codified Laws § 27A-15-34 — SD Code / Title 27A / Chapter 15 / Section 27A-15-34
Release if criteria not met--Transportation--Detention if criteria met
Status: in_force

If the evaluation required in § 27A-10-6 does not support a finding that the minor meets the criteria in § 27A-15-29 , the minor shall be released. Following such release, the referring county shall provide the minor with transportation to the minor's residence if such residence 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. If the chair of the county board finds that the evaluation required in § 27A-10-6 and an investigation of the petition for emergency intervention supports a finding that the minor meets the criteria in § 27A-15-29 , the chair may order that the minor continue to be detained pending the hearing required in § 27A-10-8 .

Source: SL 1991, ch 220, § 324; SL 1994, ch 255, § 6.
S.D. Codified Laws § 27A-12-3.21 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.21
Experimental research and hazardous procedure to be approved by secretary of social services
Status: in_force

No person may be the subject of any experimental research or hazardous procedure unless the research or procedure is approved and conducted in the manner prescribed by the secretary of social services.

Source: SL 1975, ch 181, § 21; SDCL Supp, § 27-7-55; SL 1989, ch 21, § 94; SL 1991, ch 220, § 219; SDCL Supp, § 27A-12-21; SL 2012, ch 149, § 41.
S.D. Codified Laws § 27B-2-29 — SD Code / Title 27B / Chapter 2 / Section 27B-2-29
Hospital survey and construction law unimpaired
Status: in_force

This chapter may not be construed as repealing chapter 34-7 , but shall be construed separate and in addition to chapter 34-7 .

Source: SL 2000, ch 131, § 16.
S.D. Codified Laws § 27A-12-32.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-32.1
Asserting grievances
Status: in_force

A person may assert grievances with respect to infringement of the rights described in this chapter, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure which provides a meaningful review.

Source: SL 1991, ch 220, § 242.
S.D. Codified Laws § 27A-15-37 — SD Code / Title 27A / Chapter 15 / Section 27A-15-37
Completion of hearing--Board's determination--Commitment or release
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 minor for a period not to exceed forty - five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law that:

(1) The minor meets the criteria in § 27A-15-29 ;

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

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

If the above findings are not made, the board shall order that the minor be immediately released and the board chairman shall inform the minor's parent of the existence of an interagency team and that the purpose of an interagency team is to assist in identifying the least restrictive placements, programs, and services for a minor with an emotional disturbance and the minor's family. Upon such release, 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 board chair shall 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, § 327; SL 1992, ch 189, § 25; SL 1994, ch 255, § 7.
S.D. Codified Laws § 27A-3-6 — SD Code / Title 27A / Chapter 3 / Section 27A-3-6
Acquisition and use of property by department--Legislative approval required for acquisition or transfer of real property
Status: in_force

The Department of Social Services may receive, acquire, have charge of, and operate all properties for the purposes authorized herein. The department may receive gifts and contributions from public and private sources and acquire other properties as an agency of the State of South Dakota and hold and use the same for purposes herein. However, it 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 1966, ch 186, § 7 (11); SDCL § 27-3-13; SL 1973, ch 173, § 1; SL 1989, ch 21, § 59; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 27A-10-9 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9
Testimony of qualified mental health professional--Availability and appropriateness of alternatives
Status: in_force

The board of mental illness conducting the involuntary commitment hearing as provided in § 27A-10-8 shall order testimony by a qualified mental health professional, other than the professional who submitted the petition under § 27A-10-1 or initiated the hold under § 27A-10-1 9, who shall assess the availability and appropriateness of treatment alternatives, including treatment programs other than inpatient treatment and whether such programs are available at the mental health center serving the area in which the person was apprehended or resides. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not deemed appropriate.

If the board determines that alternatives to inpatient treatment are 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 subdivision 27A-10-9.1 (3).

Source: SL 1974, ch 184, § 9; SL 1975, ch 181, § 112; SDCL Supp, § 27-7A-15; SL 1991, ch 220, § 120; SL 2020, ch 113, § 1.
S.D. Codified Laws § 27B-3-46 — SD Code / Title 27B / Chapter 3 / Section 27B-3-46
Discharge of voluntarily admitted resident--Notice to parent or guardian
Status: in_force

The director, based upon the recommendation of the person's interdisciplinary team, may at any time discharge a voluntarily admitted person. If a person with a developmental disability was voluntarily admitted by a parent or guardian, the director shall notify the parent or guardian of the discharge prior to the person's release, in accordance with 42 C.F.R. § 483.440(b)(4)(ii), as of January 1, 2023, and shall notify the parent or guardian of other supports and services available in an alternative setting.

Source: SL 2000, ch 131, § 48; SL 2023, ch 91, § 1.
S.D. Codified Laws § 27A-14-1.4 — SD Code / Title 27A / Chapter 14 / Section 27A-14-1.4
Leave status--Limit--Reviews and hearings
Status: in_force

A patient, upon approval of the administrator or facility director, may be placed on a leave status from the center or facility. The patient's legal admission status at the center or facility shall remain in effect. Leave may not be longer than thirty days and may not extend beyond the duration of any involuntary commitment under which the patient was admitted. While on leave, an involuntarily committed patient shall receive all the reviews and hearings as mandated by this title or be discharged.

Source: SL 1991, ch 220, § 289.
S.D. Codified Laws § 27B-8-54 — SD Code / Title 27B / Chapter 8 / Section 27B-8-54
Behavior intervention programs--Prerequisites to implementation
Status: in_force

Any behavior intervention program shall use, develop, and promote positive, respectful approaches for teaching in every aspect of life.

Behavior intervention programs may only be implemented following the completion of a comprehensive functional analysis if alternative nonrestrictive procedures have been proven to be ineffective, and only with the informed consent of the person with a developmental disability, if eighteen years of age or over and capable of giving informed consent, or the person's parent or legal guardian. Behavior intervention programs shall be developed in conjunction with the interdisciplinary team and implemented in accordance with § 27B-8-52 .

Source: SL 2000, ch 131, §§ 99, 100.
S.D. Codified Laws § 27B-7-26 — SD Code / Title 27B / Chapter 7 / Section 27B-7-26
Board jurisdiction of commitment and safekeeping of involuntarily committed persons--Process used in discharge of duties
Status: in_force

The county review board has jurisdiction over all applications or petitions for involuntary commitment or for the safekeeping of persons subject to involuntary commitment within its county, except in cases otherwise specially provided for. The board chair may issue subpoenas and compel obedience thereto, and do any act of a court necessary and proper for the purpose of discharging the duties required of the board.

Source: SL 2000, ch 131, § 58; SL 2002, ch 136, § 1.
S.D. Codified Laws § 27B-1-18.1 — SD Code / Title 27B / Chapter 1 / Section 27B-1-18.1
Intellectual disability defined
Status: in_force

For purposes of §§ 10-62-1 , 10-62-2 , 13-32-13 , 22-46-1 , 26-7A-85 , 27A-1-1 , 27A-15-1.1 , 27B-1-17 , 27B-7-30 , 27B-7-38 , 27B-8-41 , 28-6-23 , 28-6-24 , 28-6-25 , 28-13-23 , 34-24-16 , 58-17-30.1 , and 58-18-31 and any terminology changed pursuant to the provisions of those sections, "intellectual disability," or a variation of this term, means a condition previously referred to as "mental retardation," or a variation of this term, and has the same meaning with respect to programs, qualifications for programs, rights or responsibilities regarding persons with such a condition.

Source: SL 2013, ch 125, § 20.
S.D. Codified Laws § 27A-4-9 — SD Code / Title 27A / Chapter 4 / Section 27A-4-9
Juvenile unit authorized at Human Services Center--Purpose--Determination by administrator required before admission
Status: in_force

The Department of Social Services may establish a juvenile mental health unit at the South Dakota Human Services Center. Such unit shall provide for the care, treatment, and education of adolescents in need of inpatient treatment. Voluntary or involuntary admission to the juvenile mental health unit shall require a preadmission determination by the administrator of the Human Services Center that the admission is appropriate and within the capacity of the unit established by the secretary of social services.

Source: SL 1967, ch 271, § 1; SDCL § 27-4-23; SL 1975, ch 181, § 59; SL 1979, ch 174, § 1; SL 1989, ch 21, § 71; SL 1991, ch 220, § 13; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-11A-18 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-18
Distribution of copies of board findings and documents
Status: in_force

If a person is found by the county board of mental illness to meet the criteria in § 27A-10-9.1 , the chair of the board of the county in which such person is so adjudged shall notify the administrator, or facility director, or if the person is not committed to an inpatient psychiatric facility, the program director, by immediately forwarding a duplicate copy of the report of the examining qualified mental health professional, a duplicate order committing the person or ordering treatment, and the findings of the board including the board's finding regarding the county of residence of the person or its finding that such person is not a resident of this state.

Source: SDC 1939, §§ 30.0108, 30.0113; SL 1945, ch 126; SDCL §§ 27-7-17, 27-7-22; SL 1975, ch 181, §§ 97, 100; SL 1980, ch 10, § 6; SL 1986, ch 227, § 2; SL 1991, ch 220, § 154; SDCL Supp, § 27A-9-19; SDCL § 27A-9-31; SL 2012, ch 149, § 24.
S.D. Codified Laws § 27B-8-44 — SD Code / Title 27B / Chapter 8 / Section 27B-8-44
Certain conduct as misdemeanor
Status: in_force

Any person who knowingly engages in conduct with the intent to deprive persons with developmental disabilities of any right as set forth in this title is guilty of a Class 1 misdemeanor.

Source: SL 2000, ch 131, § 89.
S.D. Codified Laws § 27B-7-39.1 — SD Code / Title 27B / Chapter 7 / Section 27B-7-39.1
Rights of person during hearing--Waiver of rights--Exclusion of persons
Status: in_force

The person has the right to appear personally at any hearing and testify, but may not be compelled to do so. The person has the right to subpoena and cross - examine witnesses and to 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 chooses not to exercise this right. Documentation of the reasons for the person's decision may not be required. The county review board may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the person who is the subject of the hearing.

Source: SL 2002, ch 136, § 17.
S.D. Codified Laws § 27A-12-3.9 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.9
Review of need for continued treatment--Release if implementation of treatment plan untimely
Status: in_force

No later than ten days after a person is committed, the administrator, facility director or, if the person is not committed to an inpatient psychiatric facility, the director of the program shall have the person and his records examined to determine whether the commitment should be continued, and whether a treatment plan complying with § 27A-12-3.6 has been implemented. If a treatment plan has not been implemented within ten days, the person shall be released immediately unless he agrees to continue with treatment on a voluntary basis. Within thirty days after such review, and within every ninety days thereafter, the administrator or other such director shall have the person and his records examined to determine whether the commitment should be continued pursuant to § 27A-14-2 .

Source: SL 1975, ch 181, § 5; SDCL Supp, § 27-7-52; SL 1991, ch 220, § 191; SDCL, § 27A-12-15 .
S.D. Codified Laws § 27A-15-51 — SD Code / Title 27A / Chapter 15 / Section 27A-15-51
Treatments continuously monitored--Periodic review--Least restrictive treatment
Status: in_force

The administration of psychotropic medication or the provision of treatments pursuant to § 27A-15-45 , to a minor pursuant to this chapter shall be continuously monitored by the minor's treating psychiatrist. The treatment shall be reviewed and approved as being the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance at least every thirty days by the treating psychiatrist and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist or physician after a personal examination of the minor. If the treating psychiatrist or the medical director or such consulting psychiatrist or physician determines that the treatment is no longer the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the treatment shall be immediately terminated. A copy of the personal examination and the treating psychiatrist's and the medical director's or consulting psychiatrist's or physician's determinations shall be made part of the minor's medical records.

Source: SL 1991, ch 220, § 341; SL 2013, ch 122, § 13.
S.D. Codified Laws § 27B-3-17 — SD Code / Title 27B / Chapter 3 / Section 27B-3-17
Immunizations and tests for communicable diseases required for admission to facility--Alternatives
Status: in_force

Any person with a developmental disability voluntarily or involuntarily admitted to the facility shall be tested for communicable diseases as deemed necessary by a licensed physician in charge of tests and immunizations at the facility, by such means of tests and immunizations as are approved by the Department of Health or shall present:

(1) Certification from a licensed physician stating the physical condition of the person with a developmental disability would be such that a test and immunization would endanger the person's life or health;

(2) A written statement signed by a parent or guardian of the person with a developmental disability that the person is adherent to a belief whose teachings are opposed to the test and immunization;

(3) A written statement signed by a parent or guardian of the person with a developmental disability requesting that the local health department or the facility give the test and immunization because the parent or guardian lacks the means to pay for the test and immunization; or

(4) A written statement from a licensed physician requesting that the person with a developmental disability not be immunized.

Source: SL 2000, ch 131, § 19.
S.D. Codified Laws § 27A-7-11 — SD Code / Title 27A / Chapter 7 / Section 27A-7-11
Qualified mental health professionals immune from civil liability when acting in good faith
Status: in_force

Any person serving as the qualified mental health professional as designated by the chair of the county board of mental illness, whose examinations and testimony under Title 27A are conducted in good faith, is immune from any civil liability for such examinations and testimony. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.

Source: SL 2006, ch 147, § 1.
S.D. Codified Laws § 27A-14-1.3 — SD Code / Title 27A / Chapter 14 / Section 27A-14-1.3
Release by facility director--Notification to board chairman
Status: in_force

If, prior to the hearing required in § 27A-10-8 , the director of the facility where the person is detained determines that the person no longer meets the commitment criteria, the director shall so notify the county board chairman. If the chairman agrees, the person shall be 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, § 288.
S.D. Codified Laws § 27A-13-3.2 — SD Code / Title 27A / Chapter 13 / Section 27A-13-3.2
Secretary to promulgate rules to determine fees and ability to pay
Status: in_force

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

Source: SL 1999, ch 142, § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-3-24 — SD Code / Title 27B / Chapter 3 / Section 27B-3-24
Eligibility for voluntary admission
Status: in_force

If it is determined that any other person would benefit from supports and services offered at the South Dakota Developmental Center, that person may be admitted on a voluntary admission basis in accordance with procedures established by the Department of Human Services.

Source: SL 2000, ch 131, § 26.
S.D. Codified Laws § 27B-8-42 — SD Code / Title 27B / Chapter 8 / Section 27B-8-42
Other rights not limited by receipt of services--Certain practices prohibited
Status: in_force

The receipt of services and supports pursuant to this chapter does not operate to deprive any person with a developmental disability of any other rights, benefits, or privileges, does not cause the person with a developmental disability to be declared legally incompetent, and may not be construed to interfere with the rights and privileges of parents or guardians regarding the minor child. No agency, community service provider, facility, school, or person who receives public funds and provides services to persons with developmental disabilities may engage in the following practices:

(1) Corporal punishment--physical or verbal abuse, such as shaking, screaming, swearing, name calling, or any other activity that would be damaging to a person's physical well-being or self-respect;

(2) Seclusion--placement of a person alone in a room or other area from which egress is prevented except if utilized by the South Dakota Developmental Center or a community support provider in accordance with §§ 27B-8-52 , 27B-8-54 , and 27B-8-56 ;

(3) Denial of food--preventing a person from having access to a nutritionally adequate diet as a means of modifying behavior. Persons enrolled in residential programs or living units are expected to partake in meals at a predetermined scheduled time.

No person with a developmental disability receiving services may discipline other persons with developmental disabilities receiving services, and no community service provider or facility may mistreat, exploit, neglect, or abuse any person with a developmental disability.

Source: SL 2000, ch 131, § 87; SL 2009, ch 139, § 1.
S.D. Codified Laws § 27A-15-26 — SD Code / Title 27A / Chapter 15 / Section 27A-15-26
Discharge upon determination that criteria no longer being met
Status: in_force

If at any time the minor's attending psychiatrist or, if the attending psychiatrist is unavailable, the attending qualified mental health professional determines that the criteria in § 27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of his parent. Parental refusal to take physical custody of the minor is not sufficient reason for continued inpatient treatment. In the event of such refusal, the administrator or facility director shall explain alternative treatment options available to the parents and the child and advise the parents 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, § 316.
S.D. Codified Laws § 27B-7-42 — SD Code / Title 27B / Chapter 7 / Section 27B-7-42
Payment of counsel
Status: in_force

Counsel appointed for a person pursuant to this title shall be reasonably compensated for such services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by the circuit court and in an amount approved by the chair of the county review board of the referring county. The costs described shall be allowed and paid out of county funds and may not be assessed against the person with a developmental disability.

Source: SL 2000, ch 131, § 74; SL 2002, ch 136, § 20.
S.D. Codified Laws § 27A-15-33 — SD Code / Title 27A / Chapter 15 / Section 27A-15-33
Immediate notification of rights
Status: in_force

Immediately after the minor is taken into custody, he shall be notified both orally and in writing of his rights as set forth in §§ 27A-10-5 , 27A-10-6 , and 27A-10-8 and of his right to immediately contact his parent, guardian, legal custodian, or other persons of his choosing. The minor shall be evaluated as provided in § 27A-10-6 .

Source: SL 1991, ch 220, § 323.
S.D. Codified Laws § 27A-1-14 — SD Code / Title 27A / Chapter 1 / Section 27A-1-14
Treatment contracts not allowed for certain persons convicted of criminal offense
Status: in_force

No contract may be entered into under §§ 27A-1-12 to 27A-1-17 , inclusive, for treatment to any person who:

(1) Is serving a sentence after conviction of a criminal offense;

(2) Is on probation or parole; or

(3) Is the subject of a presentence investigation.

Source: SL 2004, ch 184, § 3.
S.D. Codified Laws § 27A-7-9 — SD Code / Title 27A / Chapter 7 / Section 27A-7-9
Training of board members
Status: in_force

Each member of a board of mental illness shall participate in training as required by the Department of Social Services prior to undertaking their duties. The training shall include the duties, procedures, and rights of any person coming before the board of mental illness.

Source: SL 1991, ch 220, § 45; SL 1994, ch 223; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011; SL 2012, ch 149, § 10.
S.D. Codified Laws § 27A-10-7.2 — SD Code / Title 27A / Chapter 10 / Section 27A-10-7.2
Refusal of prehearing admission
Status: in_force

The center may refuse prehearing admission to a person under this chapter unless the examination report and determination required in §§ 27A-10-6 and 27A-10-7 have been accomplished.

Source: SL 1991, ch 220, § 118.
S.D. Codified Laws § 27A-4-17 — SD Code / Title 27A / Chapter 4 / Section 27A-4-17
Disposition of funds left by deceased patients--Credit to special fund--Notice of unclaimed funds
Status: in_force

If a patient of the center dies, leaving funds at the center, the administrator of the center shall turn the funds over to the department for the sole use and benefit of the center. The funds shall be subject to refund within one year to any creditor, dependent, or heir, who establishes a right to the funds or any portion thereof. All the funds shall be credited to a fund designated as the unclaimed funds account. The center shall give, within thirty days of the death, notice of the unclaimed funds to all individuals listed as relatives in the center's records and any and all known creditors including the Department of Social Services.

Source: SL 1961, ch 157, § 1; SDCL, § 27-4-28; SL 1975, ch 181, § 61; SL 1989, ch 21, § 75; SL 1991, ch 220, § 20; SL 1996, ch 181, § 2.
S.D. Codified Laws § 27B-3-30 — SD Code / Title 27B / Chapter 3 / Section 27B-3-30
Full per diem rate charged to patient able to pay
Status: in_force

Any person in the facility who is determined by the secretary of the Department of Human Services to be financially able to pay shall be charged the per diem rate.

Source: SL 2000, ch 131, § 32.
S.D. Codified Laws § 27A-12-27.3 — SD Code / Title 27A / Chapter 12 / Section 27A-12-27.3
Immunity from liability for good faith detention
Status: in_force

The detention of a person in good faith and not in excess of the period of time specified in § 27A-12-27.2 may not render any law enforcement official, agency, institution, board, court, physician, inpatient facility, or staff detaining the person liable in any criminal or civil action for false arrest or false imprisonment.

Source: SL 2016, ch 147, § 4.
S.D. Codified Laws § 27A-7-8 — SD Code / Title 27A / Chapter 7 / Section 27A-7-8
Compensation, mileage, and expenses of board members
Status: in_force

The members of the board of mental illness, other than a magistrate judge, shall be allowed compensation at an hourly rate as determined by the county commissioners for all time employed in the duties of their offices as members of such board of mental illness. All members of the board shall be allowed mileage at the rate set pursuant to § 3-9-1 and other necessary actual expenses incurred in the performance of their duties as members of such board.

Source: SDC 1939, § 30.0120; SL 1951, ch 155; SL 1959, ch 174, § 1; SL 1961, ch 154; SL 1963, ch 202; SDCL, § 27-6-8; SL 1970, ch 150; SL 1974, ch 182, § 3; SL 1975, ch 181, § 79; SL 1977, ch 211, § 1; SL 2024, ch 20, § 12.
S.D. Codified Laws § 27A-10-16 — SD Code / Title 27A / Chapter 10 / Section 27A-10-16
Emergency apprehension--Evaluation by designated mental health professional
Status: in_force

Upon being informed of the emergency apprehension of an individual under the provisions of this chapter, the chairman of the county board of mental illness with jurisdiction over the person shall notify the community mental health center serving the area in which the board of mental illness is located of the emergency apprehension.

The chairman of the county board of mental illness may designate any qualified mental health professional to perform the evaluation required in § 27A-10-6 .

Source: SL 1992, ch 189, § 3; SL 1995, ch 160.
S.D. Codified Laws § 27B-3-49 — SD Code / Title 27B / Chapter 3 / Section 27B-3-49
Secretary to be informed when no guardian or conservator of adult resident
Status: in_force

If the director of a facility determines that a person eighteen years of age or older with a developmental disability receiving services and supports from the facility requires a guardian or conservator and there is no one qualified and willing to petition for letters of guardianship or conservatorship, the director shall inform the secretary of the Department of Human Services.

Source: SL 2000, ch 131, § 51.
S.D. Codified Laws § 27A-12-27 — SD Code / Title 27A / Chapter 12 / Section 27A-12-27
Obligation to disclose confidential information
Status: in_force

If requested, information shall be disclosed:

(1) Pursuant to an order or subpoena of a board of mental illness or a court of record or a subpoena of the Legislature;

(2) To a prosecuting or defense attorney or to a qualified mental health professional as necessary for the attorney or professional to participate 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 when that person has given consent;

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

(5) To the department if the information is necessary to enable the department to discharge a responsibility placed upon it by law;

(6) To a states attorney or the attorney general for purpose of investigation of an alleged criminal act either committed by or upon a human services center patient while a patient of the center; or

(7) To a law enforcement official or agency, or correctional institution, if the official, agency, or institution informs the inpatient facility that an arrest warrant has been issued for or criminal charges are pending against a person, for purposes of obtaining custody of the person by a law enforcement official or agency before discharge.

Source: SL 1975, ch 181, § 14; SDCL Supp § 27-7-60; SL 1991, ch 220, §§ 231, 232; SL 1992, ch 189, § 5; SL 2016, ch 147, § 1.
S.D. Codified Laws § 27B-10-5 — SD Code / Title 27B / Chapter 10 / Section 27B-10-5
Commitment hearing--Rights--Limited attendance
Status: in_force

At a hearing ordered pursuant to § 27B-10-4 , the person whose condition is the subject of the hearing shall be represented by counsel and, if the person is financially unable to obtain adequate representation, the court must appoint counsel for the person. The person has the right to appear personally, to subpoena witnesses on the person's behalf, to confront and cross-examine witnesses, and to present evidence. The person has the right to testify but may not be compelled to testify. If the person chooses not to appear, the person's attorney must state on the record that the person has been informed of the hearing and of the right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision is not required. If the person is receiving treatment at the time of hearing, the person’s provider must take all reasonable precautions to ensure that, at the time of the hearing, the person is not so under the influence 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 court may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the person who is the subject of the hearing.

Source: SL 2023, ch 92, § 5.
S.D. Codified Laws § 27B-3-25 — SD Code / Title 27B / Chapter 3 / Section 27B-3-25
Comprehensive evaluation within thirty days of admission--Annual review
Status: in_force

Each person admitted to the South Dakota Developmental Center shall receive and complete a comprehensive evaluation within thirty days of admission to determine the appropriateness of continued supports and services at the facility. The appropriateness of continued supports and services shall be reviewed at least annually, or more often if requested by a team member.

Source: SL 2000, ch 131, § 27.
S.D. Codified Laws § 27A-4-16 — SD Code / Title 27A / Chapter 4 / Section 27A-4-16
Search for patient on unauthorized leave--Notice--Return of patient to center
Status: in_force

If any patient committed by a county board of mental illness or voluntary patient deemed dangerous to self or others shall take unauthorized leave from the center, the administrator shall immediately start a search for the patient, and if the patient cannot be found, he shall notify the sheriff of the county where the patient resides and the sheriff's office in the county wherein the facility is located. If the patient is found, a local law enforcement officer from the county where apprehended shall return him to the South Dakota Human Services Center.

Source: SDC 1939, § 30.0221; SDCL, § 27-4-27; SL 1975, ch 181, § 60; SL 1987, ch 198, § 4; SL 1991, ch 220, § 19.
S.D. Codified Laws § 27B-3-47 — SD Code / Title 27B / Chapter 3 / Section 27B-3-47
Return to facility of resident absent without authority
Status: in_force

Any person with a developmental disability admitted to the facility pursuant to this title who leaves the facility without authorization or fails to return to the facility while on an authorized leave or other authorized absence from the facility, may be returned to the facility.

Source: SL 2000, ch 131, § 49.
S.D. Codified Laws § 27A-13-18.1 — SD Code / Title 27A / Chapter 13 / Section 27A-13-18.1
Appeal of residence determination to circuit court by county--Notice to attorney general--Trial de novo
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, and the state's attorney or county commissioners of the county claim that the patient is not a proper charge against the county and that the patient is a proper charge against the state at large because the patient is not a resident of the state, that county may appeal the committing board's determination of the patient's residence to the circuit court. Notice of such appeal shall be served upon the attorney general within thirty days from the date of the finding of residence by the committing board of mental illness. Upon the filing of such an appeal, the circuit court shall conduct a trial de novo and determine, by a preponderance of evidence, the residence of such patient and thereupon determine whether he is a proper charge against the 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, § 9; SL 1991, ch 220, § 265.
S.D. Codified Laws § 27A-10-9.7 — SD Code / Title 27A / Chapter 10 / Section 27A-10-9.7
Detention by law enforcement officer for emergency intervention--Immunity from civil liability
Status: in_force

Nothing provided in §§ 27A-10-9.4 to 27A-10-9.6 , inclusive, limits the authority of any law enforcement officer to detain a patient pursuant to the emergency authority conferred by § 27A-10-3 . Any law enforcement officer who in good faith performs any act of taking custodial charge, transportation, delivery, or other commitment procedure at the request of or direction of another under the provisions of §§ 27A-10-9.1 to 27A-10-9.6 , inclusive, 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 a resulting injury was due to willful or wanton misconduct.

Source: SL 2012, ch 149, § 23.
S.D. Codified Laws § 27A-13-4 — SD Code / Title 27A / Chapter 13 / Section 27A-13-4
Liability of resident and legally responsible person for cost of care--Federal charges
Status: in_force

If any person is admitted to a state facility, the resident and any legally responsible person is liable for the cost of the care, support, maintenance, and treatment of such persons to the extent and in the manner provided by this title. If the resident is not a proper charge of any county but is a charge of the federal government, the costs shall be assessed against the appropriate agency of the federal government.

Source: SDC 1939, § 30.0217; SL 1964, ch 104, § 11; SDCL, § 27-9-3; SL 1975, ch 181, § 118; SL 1991, ch 220, § 255.
S.D. Codified Laws § 27A-8-15 — SD Code / Title 27A / Chapter 8 / Section 27A-8-15
Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form
Status: in_force

Before an individual is accepted for voluntary inpatient treatment at an inpatient psychiatric facility, an explanation shall be made to him of the nature of such status, including the types of treatment available, and restraints or restrictions to which he may be subject including possible conversion to involuntary status as provided in this chapter together with a statement of his rights under this title.

An informed consent as defined in subdivision 27A-1-1(8) shall be obtained orally and in writing upon an application form which shall contain in bold print and simple language the substance of §§ 27A-8-10 , 27A-8-11.2 , 27A-8-14 , and 27A-8-10.1 . In addition, the application form shall include the following representations:

(1) The applicant understands that his treatment will involve inpatient status;

(2) He is willing to be admitted to the facility;

(3) He consents to such admission voluntarily, without any element of force, duress, threat, or other form of coercion.

The consent shall be part of the person's record. In addition, a copy of the signed application and a written statement of the patient's rights under this title shall be given to the patient and to any one other person designated by the patient.

Source: SL 1991, ch 220, § 64.
S.D. Codified Laws § 27B-8-52 — SD Code / Title 27B / Chapter 8 / Section 27B-8-52
Restriction or suspension of rights only after due process
Status: in_force

The rights of any person with a developmental disability receiving services may only be restricted as a result of due process in accordance with statute and the rules of the Department of Human Services. The rights of any person with a developmental disability as specified in this chapter may be suspended to protect that person from endangering self or others. In order to provide specific services or supports to the person with a developmental disability, such rights may be suspended only by due process that will promote the least restriction on the person's rights.

Source: SL 2000, ch 131, § 97.
S.D. Codified Laws § 27A-11A-28 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-28
Location and conduct of hearings and reviews
Status: in_force

Hearings and reviews provided by this title shall be conducted in a courtroom of the county courthouse or such other place within the designated county as the chairman of the county board may designate with due regard to the rights, safety, and comfort of the person.

Source: SL 1991, ch 220, § 165.
S.D. Codified Laws § 27B-2-20 — SD Code / Title 27B / Chapter 2 / Section 27B-2-20
Coordination of use of state facilities
Status: in_force

The Department of Human Services shall coordinate the utilization of existing facilities, state departments, boards, or commissions involved in the field of developmental disabilities.

Source: SL 2000, ch 131, § 7.
S.D. Codified Laws § 27A-12-3.2 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.2
Right to treatment through spiritual means
Status: in_force

Nothing in this title or in any rule adopted pursuant thereto may be construed to deny treatment by spiritual means through prayer for any person detained for evaluation or treatment, who desires such treatment, or to a minor if his parent or guardian desires such treatment, but not in conflict with subdivision 27A-12-3.1 (7).

Source: SL 1975, ch 181, § 31; SDCL Supp, § 27-7-35.2; SL 1990, ch 170, § 6; SL 1991, ch 220, § 177; SDCL Supp, § 27A-12-22 ; SL 1993, ch 213, § 125.
S.D. Codified Laws § 27B-7-40 — SD Code / Title 27B / Chapter 7 / Section 27B-7-40
Department to notify board of death of resident
Status: in_force

The Department of Human Services shall notify the chair of the county review board of the death of any person with a developmental disability committed by the review board.

Source: SL 2000, ch 131, § 72.
S.D. Codified Laws § 27A-13-20 — SD Code / Title 27A / Chapter 13 / Section 27A-13-20
Appeal to circuit court from attorney general's determination as to residence of patient
Status: in_force

If any county is dissatisfied with the determination of residence entered by the attorney general, such county may appeal to the circuit court, by filing and serving a notice of appeal upon the attorney general and upon one of the members of the board of county commissioners of the county adversely interested, within thirty days from the date of such determination, and thereupon the circuit court shall conduct a trial de novo and, by a preponderance of evidence, determine the residence of such patient and determine against what county he is a proper charge, and such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.

Source: SDC 1939, § 30.0215; SL 1939, ch 117; SDCL, § 27-9-24; SL 1986, ch 227, § 11.
S.D. Codified Laws § 27A-1-7 — SD Code / Title 27A / Chapter 1 / Section 27A-1-7
Training required by department
Status: in_force

To complete examinations as part of the emergency commitment process, qualified mental health professionals shall participate in training as required by the Department of Social Services prior to serving in this capacity.

Source: SL 1994, ch 222, § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011; SL 2012, ch 149, § 4.
S.D. Codified Laws § 27A-11A-2 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-2
Stenographic record of proceedings--Certified transcript or tape requested by patient--Expense
Status: in_force

A court reporter shall attend all hearings of the county board of mental illness and keep a stenographic record of all proceedings; or a record of all hearings shall be recorded by tape recorder or other sound reproducing equipment. If a tape recorder or other sound reproducing equipment is used, the equipment shall be of such quality that each word of the testimony and rulings made with reference thereto can be clearly heard and understood. All recorded testimony shall be preserved for at least five years.

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 patient shall pay for a transcript or copy of the tape recorded testimony or shall file an affidavit that he is without means to pay for such transcript or tape recording. If the affidavit is found true by the board of mental illness, the expense of the transcript or copy of the tape recorded testimony is a charge upon the county of residence of the patient.

Source: SDC 1939, § 30.0107; SL 1953, ch 176; SDCL, § 27-7-15; SL 1975, ch 181, §§ 73, 96; SDCL Supp, § 27-6-5.1; SL 1977, ch 211, § 3; SL 1987, ch 198, § 5; SL 1991, ch 220, §§ 137, 138; SDCL Supp, § 27A-7-6; SDCL, § 27A-9-30.
S.D. Codified Laws § 27A-13-34 — SD Code / Title 27A / Chapter 13 / Section 27A-13-34
Disposition of amounts collected from patient or responsible person
Status: in_force

All payments made for the treatment and maintenance of patients in accordance with this chapter shall be deposited to the credit of the general fund.

Source: SL 1964, ch 104, § 7; SDCL, § 27-9-14; SL 1974, ch 186, § 3.
S.D. Codified Laws § 27B-7-32.8 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.8
Refund of expenses of reopened hearing
Status: in_force

The county of residence shall refund with lawful interest thereon any expenses incurred by the attorney general on account of a person whose residence is in a county of this state.

Source: SL 2002, ch 136, § 11.
S.D. Codified Laws § 27A-15-25 — SD Code / Title 27A / Chapter 15 / Section 27A-15-25
Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday
Status: in_force

Any minor admitted by a parent under this chapter while younger than sixteen years of age shall be informed orally and in writing by the administrator or facility director within five days prior to the minor's sixteenth birthday of his rights, including his right to refuse certain types of treatment as provided in § 27A-15-48 .

Any minor admitted by a parent under this chapter shall be informed orally and in writing by the administrator or facility director within five days prior to the minor's eighteenth birthday that continued inpatient treatment requires the minor's informed consent as provided in chapter 27A-8 . In addition, the minor shall be given a written statement of his rights as an adult under this title.

Source: SL 1991, ch 220, § 315.
S.D. Codified Laws § 27A-13-19.1 — SD Code / Title 27A / Chapter 13 / Section 27A-13-19.1
Voluntary admission of non-resident--Waiver of fee
Status: in_force

If a person who is not a resident of South Dakota presents himself for voluntary admission at the South Dakota Human Services Center, the person may be admitted for psychiatric treatment and the admission fee or amount charged against the counties to be tendered to the administrator as specified in § 27A-13-5 shall be waived, if:

(1) The admitting physician determines that the person either is a danger to himself or others or requires immediate inpatient psychiatric treatment;

(2) It is determined that the person is unable to provide payment of the mandatory admission fee; and

(3) No other alternative source of funding can be found.

Source: SL 1987, ch 198, § 22.
S.D. Codified Laws § 27A-15-17.1 — SD Code / Title 27A / Chapter 15 / Section 27A-15-17.1
Independent evaluation within twenty-four hours of objection
Status: in_force

The chairman of the county board shall order an independent clinical evaluation of the minor, including a mental status examination, to be completed within twenty - four hours of the filing of the objection pursuant to § 27A-15-19 . Preceding the evaluation, the qualified mental health professional shall identify himself to the minor and explain the nature and purpose of the evaluation, including the fact that it is being performed to assist in the determination of whether inpatient treatment at the facility should continue and that the evaluation may be used as evidence in a hearing before the board of mental illness. The qualified mental health professional shall immediately report his findings to the chairman of the county board.

Source: SL 1992, ch 189, § 17A.
S.D. Codified Laws § 27A-12-1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-1
Individual privacy and dignity to be respected
Status: in_force

Each person has the right to a humane environment that affords appropriate individual privacy, individual dignity and reasonable protection from harm. These rights shall be respected at all times and upon all occasions, including any occasion when the person is taken into custody, detained, or transported in accordance with the provisions of this title.

Source: SL 1975, ch 181, § 3; SDCL Supp, § 27-1-7; SL 1991, ch 220, § 166.
S.D. Codified Laws § 27A-15-20 — SD Code / Title 27A / Chapter 15 / Section 27A-15-20
Overrule of minor's objection--Continued treatment or immediate discharge
Status: in_force

Upon completion of the hearing provided in § 27A-15-19 , the board of mental illness may overrule the minor's objection and authorize continued inpatient treatment at the facility for the duration of the forty - five - day admission period as provided in §§ 27A-15-10 and 27A-15-24 , 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-15-5 are met. Upon such authorization, the board shall notify the minor and his parent of the right to appeal pursuant to § 27A-11A-25 .

If the above finding is not made, the board shall order that the minor be immediately discharged to the custody of his parent. If the board finds that any inpatient treatment of the minor is inappropriate under the criteria in § 27A-15-5 , such treatment may be authorized only through involuntary commitment procedures, as provided in this chapter. If the minor's parent refuses to take physical custody of the minor, the administrator or facility's director shall explain alternative treatment options available to the parents 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, § 310; SL 1992, ch 189, § 22.
S.D. Codified Laws § 27A-8-11.2 — SD Code / Title 27A / Chapter 8 / Section 27A-8-11.2
Commitment of voluntary patient who has not applied for release--Reasons
Status: in_force

An inpatient psychiatric facility director, the center administrator or an attending psychiatrist may file a petition pursuant to § 27A-10-1 for the commitment of a voluntary patient if clinically indicated, even though a written notice of intention to terminate inpatient treatment has not been received. Reasons for the filing of such petition shall be limited to the following:

(1) The facility director, the center administrator, or attending psychiatrist has probable cause to believe that the patient meets the criteria in § 27A-1-2 ; and

(2) The patient, including a person admitted upon exercise of a substituted informed consent by a guardian or a next of kin pursuant to § 27A-8-1 , is unwilling or unable to consent to treatment deemed necessary by the treating physician and there are no other appropriate treatments to which the patient is willing or able to consent; or

(3) The patient is unable or unwilling to affirm consent to continued admission as required in § 27A-8-17 .

Source: SL 1987, ch 198, § 12; SL 1991, ch 220, § 60; SL 1992, ch 190, § 4C.
S.D. Codified Laws § 27B-7-39.2 — SD Code / Title 27B / Chapter 7 / Section 27B-7-39.2
Attendance of court reporter--Record of proceedings
Status: in_force

A court reporter shall attend all hearings of the county review board and keep a stenographic record of all proceedings; or a record of all hearings shall be recorded by tape recorder or other sound reproducing equipment. If a tape recorder or other sound reproducing equipment is used, the equipment shall be of such quality that each word of the testimony and rulings made with reference thereto can be clearly heard and understood. All recorded testimony shall be preserved for at least five years.

Source: SL 2002, ch 136, § 18.
S.D. Codified Laws § 27A-12-26 — SD Code / Title 27A / Chapter 12 / Section 27A-12-26
Confidentiality of information acquired in course of providing mental health services
Status: in_force

Information in the record of a person, and other information acquired in the course of providing mental health services to a person, shall be kept confidential and are not open to public inspection. The information may be disclosed outside the center, department, mental health program, or inpatient facility, whichever is the holder of the record, only if the holder of the records and the person, his parents if he is a minor or his guardian, consent or, in the absence of such consent, in the circumstances and under the conditions set forth in §§ 27A-12-25 to 27A-12-32 , inclusive, and in conformity with federal law.

Source: SL 1975, ch 181, § 11; SDCL Supp, § 27-7-59; SL 1991, ch 220, §§ 228, 229; SL 1993, ch 213, § 126.
S.D. Codified Laws § 27A-11A-27 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-27
Guardianship of estate unaffected by board proceedings
Status: in_force

The findings, order, or judgment of a board of mental illness may not affect any guardianship proceeding instituted before or after such findings, order, or judgment by any court having jurisdiction in such cases, excepting that the provisions of this title shall control the custody, treatment, care, and other regulation and rights of an involuntarily committed person.

Source: SDC 1939, § 30.0109; SDCL, § 27-7-21; SL 1975, ch 181, § 99; SL 1991, ch 220, § 164; SDCL, § 27A-9-27.
S.D. Codified Laws § 27A-10-8 — SD Code / Title 27A / Chapter 10 / Section 27A-10-8
Time limit for involuntary commitment hearing--Payment of expenses
Status: in_force

Within five days after the person is taken into custody, 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 must be provided an involuntary commitment hearing. The hearing may be continued for good cause prior to the running of the applicable time period. The referring county shall pay any expenses incurred by the board holding the hearing, including the transportation of the person to the hearing, subject to reimbursement by the county ultimately proven to be the county of residence.

No lien may be placed against the person for the expenses incurred by the board holding the hearing, including the transportation of the person to the hearing.

Source: SL 1974, ch 184, § 8; SL 1975, ch 181, § 111; SDCL Supp, § 27-7A-10; SL 1977, ch 212, § 4; SL 1988, ch 216, § 7; SL 1991, ch 220, § 119; SL 1997, ch 164, § 2; SL 1999, ch 143, § 3; SL 2000, ch 129, § 9; SL 2022, ch 85, § 1.
S.D. Codified Laws § 27A-15-29 — SD Code / Title 27A / Chapter 15 / Section 27A-15-29
Criteria governing involuntary commitment
Status: in_force

A minor is subject to involuntary commitment if:

(1) The minor is an individual with a serious emotional disturbance;

(2) The minor displays one or more of the conditions listed in subdivision 27A-15-5(2);

(3) As a result of being an individual with a serious emotional disturbance, the minor is a danger to self or others. This includes a determination regarding the ability of the minor to attend to basic human needs that is based upon the age of the minor and reasonable and appropriate expectation of the abilities of a minor of such age to attend to the needs;

(4) The minor needs and is likely to benefit from treatment; and

(5) Delinquent behavior alone does not constitute a serious emotional disturbance as defined in § 27A-15-1.1 .

Source: SL 1991, ch 220, § 319; SL 1992, ch 189, § 36; SL 1994, ch 255, § 4.
S.D. Codified Laws § 27A-11A-21 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-21
Noncompliance with treatment order--Alternative treatment--Notice and right to counsel
Status: in_force

If the person ordered to undergo a program of treatment does not comply with the order, the board of mental illness shall conduct a hearing for the sole purpose of determining compliance or noncompliance, and if noncompliance is determined, the board may modify its original order and direct the person to undergo an alternative program of treatment consistent with the criteria in § 27A-10-9.1 . At least five days' notice of the hearing shall be given to the person, and the person shall be represented by counsel.

Source: SL 1975, ch 181, § 91; SDCL Supp, § 27-7-19.1; SL 1991, ch 220, § 158; SDCL § 27A-9-28; SL 2012, ch 149, § 25.
S.D. Codified Laws § 27A-11A-16 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-16
Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses
Status: in_force

Within ten days of the attorney general's receipt of the committing board's findings regarding residence and summary of proofs thereon, the attorney general may request the committing board of mental illness to reopen the hearing by mailing a request to the chairman of the committing board of mental illness. Notice of the reopened hearing shall be given to any county adversely interested and to the attorney general at least ten days prior to the reopened hearing by mailing notice to the county auditor of any county adversely interested and to the attorney general. 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 administrator of the center or other facility where the patient is undergoing treatment and to the auditor of any county found to be the residence of the patient or to the attorney general if the person is found not to be a resident of the state.

Expenses incurred by the committing board in conducting any reopened hearing shall be paid by the referring county, 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 1986, ch 227, § 5; SL 1988, ch 216, § 4; SL 1991, ch 220, § 152; SDCL Supp, § 27A-9-18.4.
S.D. Codified Laws § 27B-8-50 — SD Code / Title 27B / Chapter 8 / Section 27B-8-50
Aversive behavioral intervention techniques--Findings
Status: in_force

The Legislature hereby finds that:

(1) Research does not support the long - term efficacy of aversive behavioral intervention;

(2) The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment professional;

(3) Any person with a disability has the same right to be treated with dignity and respect as any other citizen; and

(4) The use of aversive and abusive treatments on any person with a disability diminishes the dignity and humanity of the treatment professional and the person with a disability.

The Legislature opposes any treatment or practice which violates the right to freedom from harm. The Legislature promotes activities that lead to implementation and dissemination of positive intervention alternatives.

Source: SL 2000, ch 131, § 95.
S.D. Codified Laws § 27A-4-21 — SD Code / Title 27A / Chapter 4 / Section 27A-4-21
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 Human Services 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 Human Services 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, § 1.
S.D. Codified Laws § 27B-8-39 — SD Code / Title 27B / Chapter 8 / Section 27B-8-39
Right of access to dental and medical care
Status: in_force

Any person with a developmental disability has the right to access to appropriate dental and medical care and treatment for any physical ailments and for the prevention of illness or disability.

Source: SL 2000, ch 131, § 84.
S.D. Codified Laws § 27A-15-24 — SD Code / Title 27A / Chapter 15 / Section 27A-15-24
Periodic evaluation
Status: in_force

Within forty - five days after the admission of a minor by parent, guardian, or other legal custodian under this chapter and at least every forty - five days thereafter, a psychiatric evaluation of the minor shall be completed by a psychiatrist to assess the need for continued inpatient treatment. If the psychiatrist determines that the criteria in § 27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of the minor's parent, guardian, or other legal custodian. The refusal of the parent, guardian, or other legal custodian to take physical custody of the minor is not sufficient reason for continued inpatient treatment. In the event of such refusal, the administrator or facility director shall explain alternative treatment options available to the parents, guardian, or other legal custodian and the minor and advise the parent, guardian, or other legal custodian that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.

If the psychiatrist concludes that the criteria in § 27A-15-5 continue to be met, the psychiatrist shall so state the reasons in written findings which, along with the clinical evaluation, shall become part of the minor's medical records. The administrator or facility director shall immediately inform the parent, guardian, or other legal custodian who consented to admission of the right to request an independent clinical evaluation.

The administrator or facility director shall also request of the parent, guardian, or other legal custodian an oral and written affirmation of informed consent to inpatient treatment of the minor. Affirmation of the notice to the parent, guardian, or other legal custodian and the parent's, guardian's, or other legal custodian's informed consent shall be in writing and be made part of the minor's medical records. A parent's, guardian's, or other legal custodian's failure to affirm informed consent constitutes notice of intention to terminate inpatient treatment as provided in § 27A-15-12 .

Source: SL 1991, ch 220, § 314; SL 1992, ch 189, § 23; SL 2000, ch 129, § 23.
S.D. Codified Laws § 27A-12-31 — SD Code / Title 27A / Chapter 12 / Section 27A-12-31
Identity of patient protected in disclosing information--Disclosure limited by germaneness
Status: in_force

If information is disclosed, the identity of the individual 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.

Source: SL 1975, ch 181, § 12; SDCL Supp, § 27-7-64; SL 1991, ch 220, §§ 238, 239.
S.D. Codified Laws § 27B-10-4 — SD Code / Title 27B / Chapter 10 / Section 27B-10-4
Evaluation report contents--Finding--Commitment hearing--Dismissal
Status: in_force

The court-ordered report required under § 27B-10-3 must contain:

(1) Any report submitted to the court as part of a mental competency proceeding under chapter 23A-10A ;

(2) An evaluation of the person's mental, physical, and emotional status, and a review of the person's social and educational history;

(3) Any other information the examiner believes to be relevant;

(4) Whether the person's developmental disability, having rendered the person incompetent to proceed under chapter 23A-10A , makes it:

(a) Seriously difficult for the person to control their behavior;

(b) Likely that the person will commit other sexual offenses; and

(c) Necessary or advisable for the person to receive appropriate supports or services, or the person needs and is likely to benefit from treatment; and

(5) Whether the person is a danger to themselves or others due to the developmental disability that rendered the person incompetent to proceed under chapter 23A-10A .

If any report submitted to the court indicates that the person has serious difficulty controlling their behavior and is likely to commit other sexual offenses, the court must hold a hearing to determine whether the person is to be involuntarily committed. If no report submitted to the court indicates that the person has serious difficulty controlling their behavior and is likely to commit other sexual offenses, the petition must be dismissed.

Source: SL 2023, ch 92, § 4.
S.D. Codified Laws § 27B-8-38 — SD Code / Title 27B / Chapter 8 / Section 27B-8-38
Right to public educational services
Status: in_force

Any person with a developmental disability has the right to receive publicly supported educational services in accordance with federal and state education laws.

Source: SL 2000, ch 131, § 83.
S.D. Codified Laws § 27B-1-19 — SD Code / Title 27B / Chapter 1 / Section 27B-1-19
Drug screening policy for community support providers
Status: in_force

Any community support provider shall have a drug screening policy for applicants seeking employment whose primary duty includes patient or resident care or supervision. Any community support provider shall have a drug screening policy for employees whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by such employee.

Source: SL 2005, ch 21, § 6; SL 2009, ch 138, § 2.
S.D. Codified Laws § 27A-12-6.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-6.1
Restrictive treatment procedures--Documentation--Prior approval--Limitation
Status: in_force

Restrictive treatment procedures which impose physical restrictions on the person may not be considered seclusion or restraint as provided for in § 27A-12-6.2 , if carried out as a part of an approved behavioral treatment program, developed in accordance with § 27A-12-3.6 . If restrictive treatment procedures involve physical restraint or placing a person alone in a separate room, appropriate attention shall be paid every fifteen minutes to the person, especially in regard to regular meals, bathing, and use of the toilet. There shall be documentation in the person's record that such attention was given to the person.

Prior to its implementation, restrictive treatment procedures shall be approved by a peer committee review, and shall be subject to continuing review and approval every ninety days, or sooner upon request for review by the patient, attending staff, treatment team member, or treating qualified mental health professional. Each incident requiring the implementation of a restrictive treatment procedure shall be documented in the person's record. An approved restrictive treatment procedure shall require a written order at least every fifteen days during the first sixty days of implementation and every thirty days thereafter.

Restrictive treatment procedures may not be employed as punishment or for the convenience of staff, and may be implemented in the treatment plan only as necessary to prevent assaultive or otherwise harmful behaviors, with specific conditions justifying its use including occurrence of antecedent behavior to be documented in the treatment plan. A person shall be released from restrictive treatment procedures upon completion of a reasonable and pre - set period of time during which the targeted behaviors are not present.

Source: SL 1987, ch 198, § 20; SL 1991, ch 220, §§ 221, 222.
S.D. Codified Laws § 27A-13-28 — SD Code / Title 27A / Chapter 13 / Section 27A-13-28
Accounts maintained in accordance with system--Records maintained by county auditor
Status: in_force

It shall be the duty of the county auditor of each county to keep such accounts in accordance with said uniform system and to assemble and record all the information necessary to provide an accurate and complete record of all transactions, charges, disbursements, debits, and credits involved in such account including a statement of the account of each patient and anyone liable to the county for his or her support. The auditor shall also keep a duplicate of any such statement or information in regard to any mentally ill patient to be transmitted to the administrator of the human services center.

Source: SDC 1939, § 30.0122; SDCL, § 27-9-28.
S.D. Codified Laws § 27A-12-3.8 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.8
Examination and review of behavioral status after admission
Status: in_force

Each person shall have a physical and mental examination and review of behavioral status within forty - eight hours, excluding Saturdays, Sundays, and holidays, after admission.

Source: SL 1975, ch 181, § 4; SDCL Supp, § 27-7-49; SL 1991, ch 220, § 189; SDCL, § 27A-12-10 .
S.D. Codified Laws § 27A-13-14 — SD Code / Title 27A / Chapter 13 / Section 27A-13-14
Collection of delinquent accounts--Credit to general fund
Status: in_force

If any account has been delinquent for six months or more, the Department of Social Services shall notify the attorney general which shall be responsible for collecting the delinquent moneys by any legal means available.

All amounts collected shall be deposited to the credit of the general fund.

Source: SDCL § 27-9-12 as added by SL 1974, ch 185, § 2; repealed SL 1975, ch 42, § 4; re-enacted SL 1975, ch 181, § 124; SDCL Supp, § 27-9-12.1; SL 1989, ch 21, § 103; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27A-11A-20 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-20
Appointment of escort to convey patient to center--Same sex--Expenses--Relative as escort
Status: in_force

The chairman of the county board of mental illness may appoint someone, other than a relative of the patient, to convey the patient to the center or facility, but in no instance may a person convey persons of the opposite sex and no per diem or other compensation other than expenses may be allowed such attendant.

If any relative or member of the family of the person desires to convey such person to the center or facility, the chairman of the board may authorize such relative or member of the family to take charge of such person to convey him to the center or facility; provided, that in the judgment of the chairman of the board such relative or member of the family is a competent person for that purpose and that such person can with safety be entrusted to the care of such relative while en route.

Source: SDC 1939, §§ 30.0113, 30.0114; SL 1945, ch 126; SDCL, §§ 27-7-25, 27-7-26; SL 1975, ch 181, § 101; SL 1991, ch 220, § 157; SDCL, § 27A-9-26.
S.D. Codified Laws § 27B-10-12 — SD Code / Title 27B / Chapter 10 / Section 27B-10-12
Assisting in escape--Violation
Status: in_force

The provisions of § 27B-7-49 apply to commitments under this chapter.

Source: SL 2023, ch 92, § 12.
S.D. Codified Laws § 27A-14-2 — SD Code / Title 27A / Chapter 14 / Section 27A-14-2
Discharge of involuntary patient on changed behavior
Status: in_force

A patient involuntarily committed shall be discharged when, in the opinion of the administrator, or facility director, or if the person is not committed to an inpatient psychiatric facility, the director of the program, the patient no longer meets the commitment criteria.

Source: SL 1975, ch 181, § 131; SDCL Supp, § 27-10-2.2; SL 1991, ch 220, § 276.
S.D. Codified Laws § 27A-11A-8 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-8
Interrogatories to be answered with health professional's certificate or examination
Status: in_force

If a hearing is held on a petition for involuntary commitment, correct answers to the following interrogatories, so far as they can be obtained, shall accompany the report of the qualified mental health professional's initial examination, which shall be provided to the person's attorney and state's attorney prior to the hearing:

(1) HISTORY

(a) Informant: (1) Name

(2) Address

(3) Relationship

(b) Patient: (1) Full name

(2) Born, place, date

(3) Sex, race, education

(4) Occupation

(5) Social Security No.

(6) How long in South Dakota

(7) Marital status

(c) Wife/Husband: (1) Name

(2) Address

(d) Father: (1) Full name

(If a minor) (2) Address

(e) Mother: (1) Full name

(If a minor) (2) Address

(f) Next of kin: (1) Full name

(2) Address

(3) Relationship

(g) Legally responsible relative or guardian:

(1) Full name

(2) Address

(3) Relationship

(h) Military service

(i) Previous treatment for mental illness: Give dates and places of treatment, dates of previous hospitalization, etc.

(j) A review of previous behavior or acts which led to involuntary commitment or treatment which are similar or related to the person's present psychiatric condition or status

(2) EXAMINATION

(a) Physical condition, including any special test results:

(b) Present mental condition:

(c) Is this patient considered to be a danger to himself? If so, explain:

(d) Is this patient considered to be a danger to others? If so, explain:

(e) Diagnostic impression:

(f) Is the person taking any medication or drugs? List them if known. In your opinion, do these have an effect on the person's current behaviors? If so, explain:

(g) In your opinion, could this person benefit from treatment? If so, please list the least restrictive alternatives:

(h) Signature of qualified mental health professional.

Source: SDC 1939, § 30.0110; SL 1965, ch 146; SDCL, § 27-7-10; SL 1975, ch 181, § 95; SL 1991, ch 220, § 144; SDCL, § 27A-9-11; SL 1995, ch 154, § 2.
S.D. Codified Laws § 27A-4-17.3 — SD Code / Title 27A / Chapter 4 / Section 27A-4-17.3
Disposition of personal property left by deceased or discharged patients
Status: in_force

If a patient at the center dies leaving personal property at the center, all property shall be released to the next of kin listed on the records at the center. If the person is discharged, notification shall be made to interested parties that the property must be claimed and removed within six months. If notification cannot be made and no one claims the property within six months, the property shall escheat to the center for the sole use of the center.

Source: SL 1996, ch 181, § 6.
S.D. Codified Laws § 27B-7-43 — SD Code / Title 27B / Chapter 7 / Section 27B-7-43
Liability for costs
Status: in_force

The referring county shall pay the costs of proceedings pursuant to this title, including costs for transportation and any incidental costs of the person with a developmental disability, 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. The costs described shall be allowed and paid for out of county funds and may not be assessed against the person with a developmental disability.

Source: SL 2000, ch 131, § 75; SL 2002, ch 136, § 21.
S.D. Codified Laws § 27A-11A-23 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-23
Fund designated for expenses of commitment proceeding
Status: in_force

The compensation, fees, and expenses in any commitment proceeding shall be allowed and paid out of a fund designated for that purpose in the county treasury in the usual manner, if there is a sufficient amount in such fund to pay the same, and if not, it may be paid out of the general fund.

Source: SDC 1939, § 30.0120; SL 1951, ch 155; SL 1961, ch 154; SDCL, § 27-6-11; SL 1975, ch 181, § 80; SL 1991, ch 220, § 160; SDCL, § 27A-9-33.
S.D. Codified Laws § 27A-15-54 — SD Code / Title 27A / Chapter 15 / Section 27A-15-54
Mental health centers may designate interagency teams--Role of teams--Composition
Status: in_force

Each mental health center may designate one or more local interagency teams in each of the state's mental health service areas. The local interagency teams may assist in identifying appropriate placements, programs, and services for minors with emotional disturbances and their families. Any local interagency team shall include a parent of a child with an emotional disturbance who resides within the service area.

Source: SL 1991, ch 220, § 344; SL 1992, ch 189, § 31; SL 2001, ch 150, § 3.
S.D. Codified Laws § 27A-6-3 — SD Code / Title 27A / Chapter 6 / Section 27A-6-3
Supplementary agreements authorized--Concurrence required when service required from state agencies
Status: in_force

The secretary of human services may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. If such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement may have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.

Source: SL 1959, ch 302, § 3; SDC Supp 1960, § 55.5803; SDCL, § 27-19-3; SL 1989, ch 21, § 88.
S.D. Codified Laws § 27A-10-17 — SD Code / Title 27A / Chapter 10 / Section 27A-10-17
Prehearing admission and commitment denied if medical condition exceeds center's capacity
Status: in_force

The center may refuse the prehearing admission and commitment of a person under this chapter who has a medical condition which exceeds the capacity of the center.

Source: SL 1995, ch 158, § 2.
S.D. Codified Laws § 27A-11A-24 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-24
Rules of evidence
Status: in_force

The rules of evidence shall be followed at all hearings and reviews held pursuant to this title.

Source: SL 1991, ch 220, § 161.
S.D. Codified Laws § 27B-3-50 — SD Code / Title 27B / Chapter 3 / Section 27B-3-50
Evaluation of competence of resident attaining adulthood
Status: in_force

Six months prior to the eighteenth birthday of each person with a developmental disability in the facility, the person shall be evaluated by the facility to determine whether the person is competent to execute an application for voluntary admission.

Source: SL 2000, ch 131, § 52.
S.D. Codified Laws § 27B-3-34 — SD Code / Title 27B / Chapter 3 / Section 27B-3-34
Limitation of actions for charges--Action during lifetime
Status: in_force

The statute of limitations upon any claim of the state for the care of a person in the facility is three years and does not commence to run until the death of the person, but an action may be commenced at any time during the life of the person.

Source: SL 2000, ch 131, § 36.
S.D. Codified Laws § 27B-2-22 — SD Code / Title 27B / Chapter 2 / Section 27B-2-22
Residence of developmentally disabled person
Status: in_force

A person with a developmental disability from another state or territory who enters this state for the purpose of receiving services or education shall retain the residence of that person's parent, guardian, or agency standing in the place of the person's parent or guardian.

Source: SL 2000, ch 131, § 9.
S.D. Codified Laws § 27A-11A-9 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-9
Expenses of evaluation--Additional examination
Status: in_force

The referring county shall pay any expenses of the evaluation required in §§ 27A-10-6 and 27A-15-17.1 , 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 completing the evaluation required in §§ 27A-10-6 and 27A-15-17.1 . The person has the right to obtain an additional examination paid for by the county which may be placed in evidence before the board, the reasonable expense of which shall be reimbursed to the county unless the person is indigent. A lien for the amount of these costs may be filed upon the person's real and personal property to ensure payment.

Source: SL 1975, ch 181, § 88; SL 1976, ch 168, § 8; SDCL Supp, § 27-7-12.1; SL 1991, ch 220, § 145; SDCL, § 27A-9-12; SL 1992, ch 189, § 17B; SL 1999, ch 143, § 7; SL 2000, ch 129, § 12.
S.D. Codified Laws § 27A-13-27 — SD Code / Title 27A / Chapter 13 / Section 27A-13-27
Uniform system of accounts continued
Status: in_force

The uniform system of keeping accounts between the county and its mentally ill patients and between the county and the state shall be continued as the official uniform system of keeping such accounts throughout the state.

Source: SDC 1939, § 30.0122; SDCL, § 27-9-27; SL 1975, ch 181, § 128.
S.D. Codified Laws § 27B-4-10 — SD Code / Title 27B / Chapter 4 / Section 27B-4-10
Community service providers receiving funds to be approved by department
Status: in_force

Funds budgeted and appropriated under this chapter shall be used by community service providers approved by the Department of Human Services.

Source: SL 2000, ch 131, § 55.
S.D. Codified Laws § 27A-12-3.1 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.1
Rights enumerated--Limitations on rights
Status: in_force

Any person, if otherwise qualified, has the right to:

(1) Refuse to be photographed or fingerprinted;

(2) Remain silent and fully clothed;

(3) Be allowed access to toilet facilities upon request, to have limited access to his own money unless a conservator has been appointed, and keep as much money in his personal possession as he deems necessary, to purchase his personal articles such as variety store items, and at least two hours of exercise each day;

(4) Receive any visitors during regular visiting hours, to communicate with individuals outside the facility, to send and receive uncensored and unopened mail and be given adequate writing paper, pencils, envelopes, and stamps, and to have access to a telephone. Local calls shall be allowed without charge and the person shall be allowed long distance calls if he is able to pay for them or can charge them to another number;

(5) Wear his own clothes and keep his own toilet articles and have adequate storage space for his personal effects;

(6) Converse with others in private;

(7) Receive prompt, adequate medical treatment for illness;

(8) Participate in religious services, on a voluntary basis, in accordance with the person's needs, desires, and capabilities and also in accordance with their basic right to freedom of religion.

Reasonable limitations may be placed on these rights on an individual basis if each limitation is essential in order to prevent the person from violating a law or to prevent substantial and serious physical or mental harm to himself or others. Each limitation shall be approved by the administrator or facility director and shall be documented in the person's record, stating the reasons for such limitations, and the length of time such limitation is imposed.

Source: SDC 1939, § 30.0124; SDCL, § 27-7-42; SL 1975, ch 181, §§ 8, 18, 22, 27; SDCL Supp, §§ 27-4-22.1, 27-7-35.1, 27-7-54; SL 1989, ch 21, § 93; SL 1991, ch 220, § 175; SDCL, §§ 27A-12-2 , 27A-12-7 , 27A-12-9 ; SDCL Supp, § 27A-12-18 .
S.D. Codified Laws § 27B-8-41 — SD Code / Title 27B / Chapter 8 / Section 27B-8-41
Informed consent required for experimentation or hazardous procedure--Court authorization
Status: in_force

No person with a developmental disability is subject to any experimental research or hazardous treatment procedures without the consent of:

(1) The person with a developmental disability, if eighteen years of age or over and capable of giving informed consent. If any person's capacity to give informed consent is challenged, the person, a qualified developmental disabilities professional, physician, or interested person may file a petition with the court to determine competency to give consent;

(2) The guardian of the person with a developmental disability, if the guardian is legally empowered to execute such consent; or

(3) The parent or guardian of the person with a developmental disability, if the person with a developmental disability is less than eighteen years of age.

No person with a developmental disability who is subject to an order of guardianship may be subjected to experimental research or hazardous treatment procedures without prior authorization of the circuit court.

Source: SL 2000, ch 131, § 86; SL 2013, ch 125, § 11.
S.D. Codified Laws § 27A-15-38 — SD Code / Title 27A / Chapter 15 / Section 27A-15-38
Time limit to implement individualized treatment plan--Purpose of plan
Status: in_force

Within ten days after the involuntary commitment of a minor, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that a written comprehensive individualized treatment plan has been developed and implemented as provided in § 27A-15-21 , and has been explained to the minor and the minor's parent, guardian, or other legal custodian. If such a treatment plan has not been implemented within ten days, the minor shall be immediately released.

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 the involuntary treatment. The plan shall be designed to maximize the minor'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 involuntary commitment 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, activities, and experiences designed to meet the goals. No plan may consist solely of chemical therapy unless supported by sufficient psychiatric and medical opinion. If commitment is to an inpatient psychiatric facility, the plan shall include recreational and play opportunities in the open air. 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 aftercare as provided in § 27A-15-44 .

Source: SL 1991, ch 220, § 328; SL 2000, ch 129, § 25.
S.D. Codified Laws § 27A-4-22 — SD Code / Title 27A / Chapter 4 / Section 27A-4-22
Criminal background investigation of new employees--Temporary employment--Fees
Status: in_force

Each person hired as an employee whose primary duty includes patient care or supervision at the Human Services Center shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Human Services 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 Human Services 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, § 1.
S.D. Codified Laws § 27A-10-24 — SD Code / Title 27A / Chapter 10 / Section 27A-10-24
Report to attorney general of certain names for reporting to National Instant Criminal Background Check System
Status: in_force

If the board of mental illness orders an involuntary commitment based on a finding pursuant to § 27A-10-9.1 that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the chair of the board shall report to the attorney general for reporting to the National Instant Criminal Background Check System the involuntarily committed person's name and other identifying information. The chair shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the final order of involuntary commitment. The report may not include information relating to the person's diagnosis or treatment.

Source: SL 2014, ch 113, § 1.
S.D. Codified Laws § 27A-11A-13 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-13
Determining residency
Status: in_force

If the board of mental illness finds that a person meets the criteria in § 27A-10-9.1 , the board shall enter a finding, based on the criteria in § 28-13-3 , regarding the county of residence of the person or a finding that the person is not a resident of this state.

Source: SL 1986, ch 227, § 1; SL 1991, ch 220, § 149; SDCL Supp, § 27A-9-18.1.
S.D. Codified Laws § 27A-12-29 — SD Code / Title 27A / Chapter 12 / Section 27A-12-29
Discretionary disclosure of confidential information
Status: in_force

Information may be disclosed in the discretion of the holder of the record:

(1) As necessary or beneficial in order for the person, or persons acting on behalf of the person, to apply for and acquire benefits for the person, including third-party financial payments, assistance, or services and follow-up, care, and treatment by local centers serving the area to which a person is expected to go upon temporary or permanent release or discharge;

(2) As necessary or beneficial for evaluation and accreditation;

(3) As necessary or beneficial to train persons enrolled in an accredited course leading to a degree and qualification, certification, or registration as a qualified mental health professional, licensed practical nurse, registered nurse, psychologist, social worker, physical therapist, occupational therapist, laboratory technician, medical records professional, dietician, or other health care professional;

(4) Upon request of the Human Services Center, with disclosure of records limited to relevant medical and psychiatric records; or

(5) If any person subject to the proceedings under this chapter has communicated a serious threat of serious physical injury against a reasonably identifiable victim, the person with knowledge of the threat may disclose the threat to the potential victim or to any law enforcement officer, or both. No cause of action may arise under this chapter against the person who, in good faith, discloses the threat to a potential victim or law enforcement officer pursuant to the provisions of this subdivision.

Source: SL 1975, ch 181, § 16; SDCL Supp, § 27-7-62; SL 1983, ch 213; SL 1990, ch 202; SL 1991, ch 220, §§ 234, 235; SDCL § 27A-12-28 ; SL 2007, ch 170, § 1.
S.D. Codified Laws § 27A-12-3.12 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.12
Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions
Status: in_force

Except as provided for in §§ 27A-12-3.11 and 27A-12-3.15 , any adult person who is admitted as an inpatient or an outpatient or who is involuntarily committed or who is detained on a mental illness hold prior to a commitment hearing has the right to refuse to be subjected to research and experimental or intrusive procedures and may also refuse any treatment including electroconvulsive therapy and psychotropic medication. If an involuntarily committed person refuses treatment, then psychotropic medication, electroconvulsive therapy, and such other medical treatment as may be necessary for the treatment of the person's mental illness may be administered if it is ordered by the court or the board under the criteria in § 27A-12-3.15 .

Source: SL 1989, ch 237, § 1; SL 1991, ch 220, § 196; SDCL Supp, § 27A-12-11.3 ; SL 1992, ch 190, § 3; SL 1995, ch 163, § 2; SL 1996, ch 184, § 1; SL 2012, ch 149, § 33.
S.D. Codified Laws § 27A-10-14 — SD Code / Title 27A / Chapter 10 / Section 27A-10-14
Review hearing after involuntary commitment order--Notice--Rights and procedures
Status: in_force

Within ninety days after the involuntary commitment of a person who is still under the commitment order, the county board of mental illness which serves the county in which the person is receiving treatment shall conduct a review hearing in the county to determine if the person continues to meet the criteria in § 27A-10-9.1 . Notice of the review hearing shall be given to the person, and the person's attorney if the person has retained counsel, at least ten days prior to the hearing. If the person has not retained counsel at the time of the notice, the chair of the county board shall immediately appoint counsel to represent the person.

At the time the notice of hearing is given, the person and the person's 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 person and the person's attorney. The rights and procedures applicable during an initial commitment hearing are applicable to review hearings. A petition pursuant to § 27A-10-1 need not be filed.

The board of mental illness may order the continued involuntary commitment of the person to the same or an alternative placement or program for up to six months 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-10-9.1 are met. If continued involuntary commitment is ordered, a review in the manner provided in this section shall be conducted within six months after the order. If the county board issues another order of continued involuntary commitment, the next review shall be held within six months after the order. If the second six - month review justifies continued commitment, the county board may order continued involuntary commitment for up to twelve months. Subsequent reviews shall be conducted within each twelve months thereafter that the person remains under commitment.

If the board orders the continued involuntary commitment of the person, the board shall immediately notify the person and the person's attorney of the person's right to appeal pursuant to § 27A-11A-25 .

If findings that justify continued commitment are not made, the board shall order that the person be immediately discharged from involuntary commitment. Following discharge, the referring county shall provide the person with transportation to the county where the person was taken into custody if the person so chooses. The county ultimately shown to be the county of residence shall reimburse the referring county for any transportation costs. No lien may be placed against the person for the expense incurred in the transportation of this person.

Source: SL 1991, ch 220, § 126; SL 1994, ch 224; SL 1999, ch 143, § 5; SL 2000, ch 129, § 10.
S.D. Codified Laws § 27A-1-13 — SD Code / Title 27A / Chapter 1 / Section 27A-1-13
Contract with bordering state for treatment of mental illness or substance use disorder in state facility
Status: in_force

A bordering state or governmental entity of a bordering state may contract with any appropriate treatment facility in South Dakota for the treatment of mental illness or substance use disorder for residents of the bordering state. However, the contract shall conform to the requirements of §§ 27A-1-12 to 27A-1-17 , inclusive.

Source: SL 2004, ch 184, § 2, eff. Mar. 9, 2004; SL 2016, ch 15, § 7.
S.D. Codified Laws § 27A-14-14 — SD Code / Title 27A / Chapter 14 / Section 27A-14-14
Public assistance to discharged or released patient
Status: in_force

The secretary of social services shall provide by rules, promulgated pursuant to chapter 1-26 , methods whereby a patient shall be assisted in qualifying for all available public assistance benefits provided by the state or federal law.

Source: SL 1975, ch 181, § 24; SDCL Supp, § 27-4-26.3; SL 1989, ch 21, § 107; SL 1991, ch 220, § 283.
S.D. Codified Laws § 27A-13-13 — SD Code / Title 27A / Chapter 13 / Section 27A-13-13
Civil suit for collection of payments--Lien on property--Claim against decedent's estate
Status: in_force

If a patient liable for payments due under §§ 27A-13-4 to 27A-13-12 , inclusive, refuses or fails to make such payments, the charges are collectible by a civil suit brought in the name of the State of South Dakota. The State of South Dakota may sue such patient for such payments due, and any judgment obtained is a lien upon the real property of such person, and shall be collected as other judgments. Any claim arising under said sections 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. The Department of Social Services may promulgate rules pursuant to chapter 1-26 regarding payments for involuntary care.

Source: SL 1964, ch 104, § 5; SDCL § 27-9-12; SL 1974, ch 185, § 2; SL 1991, ch 220, § 262; SL 1992, ch 189, § 7; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-7-31 — SD Code / Title 27B / Chapter 7 / Section 27B-7-31
Contents of report in §27B-7-28
Status: in_force

The report required by § 27B-7-28 shall contain:

(1) Evaluations of the person's mental, physical, and emotional status, and review of social and educational history; and

(2) A statement as to whether the person meets the criteria for board - ordered commitment specified in § 27B-7-37 .

Source: SL 2000, ch 131, § 63.
S.D. Codified Laws § 27B-7-32.1 — SD Code / Title 27B / Chapter 7 / Section 27B-7-32.1
Request to reopen hearing regarding residence
Status: in_force

Within ten days of the auditor's receipt of the board's findings regarding the residence and summary of proofs thereon, the county in which the residence was found to be, other than the referring county, may request the committing county review board to reopen the hearing upon the question of the person's residence by mailing a request to the chair of the county review board.

Source: SL 2002, ch 136, § 4.
S.D. Codified Laws § 27A-15-13 — SD Code / Title 27A / Chapter 15 / Section 27A-15-13
Denial of admission--Referral to other programs or services
Status: in_force

If the administrator or facility director denies admission, he shall refer the parent and minor to other placements, programs, or services that may be appropriate for the minor, including referral to the local interagency team serving the area in which the minor resides.

Source: SL 1991, ch 220, § 303.
S.D. Codified Laws § 27A-14-1.1 — SD Code / Title 27A / Chapter 14 / Section 27A-14-1.1
Notification to guardian that inpatient treatment no longer required
Status: in_force

If the administrator or facility director or attending psychiatrist has determined that a person under a guardianship has received maximum benefits of inpatient treatment and no longer requires such treatment, and is eligible and has been accepted for placement or treatment in a community setting, the guardian shall be so notified. The guardian shall remove the person within three days upon such notification. If the guardian fails to remove the person, the administrator shall notify the court where the guardianship proceedings were held for further disposition.

Source: SL 1991, ch 220, § 286.
S.D. Codified Laws § 27A-10-21 — SD Code / Title 27A / Chapter 10 / Section 27A-10-21
Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement
Status: in_force

(1) Resolve the intervention on a voluntary basis, at the clinic or hospital, at the person's home, or other location, or with the assistance of any public or private community service that the patient is willing to accept. Any team member may request the assistance of law enforcement for the voluntary transfer of the person; or

(2) Direct that the law enforcement officer proceed with the apprehension of the person and transport the person to either:

(a) An appropriate regional facility for an emergency intervention and a mental illness examination as provided in § 27A-10-6 ; or

(b) An approved treatment facility offering detoxification services for chemical dependency emergencies as provided in §§ 34-20A-55 and 34-20A-56 .

Source: SL 2010, ch 142, § 1; SL 2013, ch 122, § 5; SL 2020, ch 111, § 3, eff. Mar. 12, 2020.
S.D. Codified Laws § 27A-8-18.1 — SD Code / Title 27A / Chapter 8 / Section 27A-8-18.1
Substituted informed consent
Status: in_force

If a person eighteen years of age or older presents for admission to an inpatient psychiatric facility and meets the requirements set forth in subdivisions 27A-8-1(1) to (3), inclusive, and (5), but the facility director or administrator determines that the person is incapable of exercising an informed consent to the admission, then the person may be admitted upon exercise of a substituted informed consent:

(1) By a guardian previously appointed by the circuit court or by a limited guardian previously appointed by the circuit court under an order of limited guardianship that authorizes the limited guardian to make health care decisions on the person's behalf;

(2) By an attorney-in-fact previously named in a written durable power of attorney, pursuant to chapter 59-7 , by the person presenting for admission, unless the power of attorney specifically denies or limits the attorney-in-fact's power to so admit;

(3) By a next of kin, pursuant to chapter 34-12C , in accordance with § 27A-8-19 ; or

(4) By a declaration and power of attorney for mental health treatment, executed pursuant to chapter 27A-16 , according to its terms.

The person admitted by substituted informed consent is entitled to all rights accorded other voluntary patients by this title, including those provided in § 27A-8-10 .

Source: SL 2012, ch 149, § 13.
S.D. Codified Laws § 27A-13-10 — SD Code / Title 27A / Chapter 13 / Section 27A-13-10
Determination by secretary of amount to be charged--Appeal and hearing
Status: in_force

Upon receipt of all information desired by the secretary of social services, the secretary shall determine, based upon the financial ability of the patient or responsible person, whether the patient or responsible person shall be charged with the full amount provided in § 27A-13-7 or a lesser amount. If a patient, responsible person, or the county of residence, disagrees with the determination of the secretary, an appeal may be filed within thirty days of receipt of notification by such patient, responsible relative, or county of residence of such determination, for a hearing with the secretary. However, such appeal may not be filed more than once each six months.

Source: SL 1964, ch 104, § 4 (3); SDCL § 27-9-7; SL 1975, ch 181, § 121; SL 1989, ch 21, § 100; SL 1991, ch 220, § 260; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.
S.D. Codified Laws § 27B-7-27 — SD Code / Title 27B / Chapter 7 / Section 27B-7-27
Petition for board-ordered admission asserting need for immediate intervention--Contents
Status: in_force

Any interested person may file with the chair of the county review board a verified petition which asserts that a person meets the criteria for board - ordered commitment as specified in § 27B-7-37 . If any person is alleged to have a developmental disability and to be in such condition that immediate intervention is necessary for the protection from the physical harm of self or others, any person, eighteen years of age or older, may petition the chair of the county review board where such person with an alleged developmental disability is found, stating the factual basis for concluding that the person is developmentally disabled and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:

(1) A statement by the petitioner that the petitioner believes, on the basis of personal knowledge, that the person is a danger to self or others;

(2) The specific nature of the danger;

(3) A summary of the information upon which the statement of danger is based;

(4) A statement of facts which caused the person to come to the petitioner's attention;

(5) The address and signature of the petitioner and a statement of the petitioner's interest in the case; and

(6) The name of the person to be evaluated, the address, age, marital status, and occupation of the person, and the name and address of the person's nearest relative.

Source: SL 2000, ch 131, § 59.
S.D. Codified Laws § 27B-8-51 — SD Code / Title 27B / Chapter 8 / Section 27B-8-51
Use of aversive intervention techniques prohibited
Status: in_force

No person may use aversive intervention techniques on a person with a developmental disability.

Source: SL 2000, ch 131, § 96.
S.D. Codified Laws § 27A-11A-11 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-11
Personal appearance at hearing--Presentation of evidence--Choosing not to appear
Status: in_force

The person may appear personally at any hearing and testify on his own behalf, but may not be compelled to do so. He has the right to subpoena and cross - examine witnesses and to present evidence. If the person chooses not to appear, his attorney shall state on the record that the person has been informed of the hearing and of his right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision may not be required. 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 proposed patient.

Source: SL 1975, ch 181, § 90; SDCL Supp, § 27-7-12.3; SL 1991, ch 220, § 147; SDCL, § 27A-9-14.
S.D. Codified Laws § 27B-3-15 — SD Code / Title 27B / Chapter 3 / Section 27B-3-15
Location and name of Redfield institution--Control and supervision
Status: in_force

The facility located and established upon lands donated and conveyed to this state at Redfield, Spink County, shall be known as the South Dakota Developmental Center. The supports and services provided by the South Dakota Developmental Center shall be under the control and supervision of the Department of Human Services.

Source: SL 2000, ch 131, § 17.
S.D. Codified Laws § 27B-10-3 — SD Code / Title 27B / Chapter 10 / Section 27B-10-3
Petition to commit--Mental evaluation--Report--Additional examination and report permitted
Status: in_force

Within ten days of the filing of a petition for civil commitment pursuant to this chapter, the court shall appoint and order a licensed psychologist or psychiatrist to conduct a psychiatric or psychological evaluation of the person whose condition is the subject of the petition. The licensed psychologist or psychiatrist shall conduct the examination and prepare a report within fifteen days of receipt of the written notice from the court. The report must contain the information set forth in § 27B-10-4 . The person has the right to obtain an additional examination paid for by the county in which the action is venued. Any report from an additional examination may be placed in evidence. The person must reimburse the county for the reasonable expense of the additional examination, unless the person is indigent. The county may file a lien for the cost of the additional examination and report upon the person's real and personal property.

Source: SL 2023, ch 92, § 3.
S.D. Codified Laws § 27A-11A-1.2 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-1.2
Qualification of electronic document as signed document
Status: in_force

If a document is required to be signed pursuant to this chapter in order to be effective, an electronic document qualifies as a signed document:

(1) Without the person's physical signature, if an entity has an electronic signature system that meets a minimum security standard of two-factor authentication, such as name and password, or biometric identification that is uniquely reconcilable to a single actor and that results in a nonmodifiable document after the electronic signature is affixed, and the document indicates an electronic signature in some manner, such as

"s/____________________(name of signer)"; or

(2) With the person's physical signature, if the document is optically scanned into the entity's records.

Source: SL 2012, ch 149, § 28.
S.D. Codified Laws § 27A-11A-26 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-26
Appointed attorney not guardian ad litem
Status: in_force

An attorney appointed under the provisions of this chapter shall advocate the legal rights of the person and otherwise fully represent him. The attorney shall not act as a guardian ad litem.

Source: SL 1991, ch 220, § 163.
S.D. Codified Laws § 27A-12-3.10 — SD Code / Title 27A / Chapter 12 / Section 27A-12-3.10
Application for transfer from involuntary to voluntary status
Status: in_force

Each person under an order of involuntary commitment has the right to apply for and give consent to transfer to voluntary status. Such transfer shall be forthwith granted unless the person is unable to understand the nature of voluntary status or the transfer would not be in the best interest of the person, in which case such findings shall be entered in the person's medical record and shall be reviewed every sixty days. If transfer to voluntary status occurs, notice shall be given to the board of mental illness which initiated the commitment.

Source: SL 1991, ch 220, § 192.
S.D. Codified Laws § 27A-14-5 — SD Code / Title 27A / Chapter 14 / Section 27A-14-5
County liability for costs on failure to remove discharged patient on notice--Report and collection of delinquencies
Status: in_force

If the county board fails or neglects to take and remove such patient so discharged, as provided in § 27A-14-3 , within forty - eight hours from the date of the order discharging him and of the notice of the order, the responsible county is liable for and shall pay to the state full service cost as such term is defined in § 27A-13-2 for the care and keeping of such patient at the center or facility, the time of such keeping to be computed and commence forty - eight hours after the date of such order and notice.

The administrator or other director shall report any such delinquencies, and the time any patient is so kept beyond such time aforesaid, giving his name, the county where he belongs, and the amount due from such county for such charge, to the state auditor who shall notify the county auditor of the county to be charged, and the same shall be paid into the state treasury as other charges for the support of the mentally ill.

Source: SDC 1939, § 30.0220; SL 1964, ch 104, § 12; SDCL, § 27-10-9; SL 1975, ch 181, § 138; SL 1991, ch 220, § 278.
S.D. Codified Laws § 27B-8-47 — SD Code / Title 27B / Chapter 8 / Section 27B-8-47
Disclosure of information to certain persons
Status: in_force

If the community service provider or facility and the person with a developmental disability and the person's parent, if a minor, or the person's guardian consent, information may be disclosed to providers of supports and services to the person with a developmental disability, or to the person with a developmental disability, or to any other person or agency, if, in the judgment of the community service provider or facility, the disclosure would not be detrimental to the person with a developmental disability.

Source: SL 2000, ch 131, § 92.
S.D. Codified Laws § 27A-4-17.4 — SD Code / Title 27A / Chapter 4 / Section 27A-4-17.4
Disposition of funds left by discharged patient
Status: in_force

If a patient at the center is discharged and leaves funds at the center, the funds shall be turned over to the administrator and deposited in the unclaimed funds account. Notice of the unclaimed funds shall be provided to the patient by first class mail, at the last known address of the patient. The funds shall be mailed to the patient by check if requested. If the funds are not claimed within one year from the date of deposit to the unclaimed funds account, the funds shall escheat to the center's patient benefit fund.

Source: SL 1996, ch 181, § 7.
S.D. Codified Laws § 27B-7-50 — SD Code / Title 27B / Chapter 7 / Section 27B-7-50
Discharge
Status: in_force

Any person involuntarily committed shall be discharged if, in the opinion of the director of the community service provider or facility, the person no longer meets the commitment criteria.

Source: SL 2002, ch 136, § 24.
S.D. Codified Laws § 27A-15-48 — SD Code / Title 27A / Chapter 15 / Section 27A-15-48
Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination
Status: in_force

A minor sixteen years of age or older, whether involuntarily committed or admitted by a parent, has the right to refuse psychotropic medication. Such minor also has the right to refuse convulsive or shock therapy or electric shock. If psychotropic medication or convulsive or shock therapy or electric shock is prescribed by the minor's treating psychiatrist upon that treating psychiatrist's written determination that the treatment is the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, which opinion is concurred in by a consulting physician, the treatment may be administered with the informed consent of the minor's parent, guardian, or other legal custodian pending the judicial determination required in § 27A-15-50 . Documentation of the minor's refusal, and the treating psychiatrist's written determination and the consulting physician's concurrence shall be made part of the minor's medical records.

Source: SL 1991, ch 220, § 338; SL 2013, ch 122, § 11.
S.D. Codified Laws § 27B-3-23 — SD Code / Title 27B / Chapter 3 / Section 27B-3-23
Minors eligible for voluntary admission
Status: in_force

Any person who is under the age of eighteen years 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's parent, guardian, or, in the absence of a parent or guardian, a person acting as a parent in loco parentis.

Source: SL 2000, ch 131, § 25.
S.D. Codified Laws § 27A-12-27.2 — SD Code / Title 27A / Chapter 12 / Section 27A-12-27.2
Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody
Status: in_force

If a person is subject to a petition for involuntary commitment under this title, the inpatient facility may detain that person in the facility for a period of time not to exceed four hours after the time set for discharge, if necessary for a law enforcement official or agency to obtain custody of the person. This period of time includes four hours after the board of mental illness releases a detention of the person pursuant to this title. If the person is not taken into custody after the notice to the requester and within the specified period of time, the person shall be released from any detention or discharged, as appropriate. The inpatient facility shall record the time of the release or discharge in the person's medical record. If the person was a voluntary patient in the inpatient facility, the person shall maintain the right to discharge as provided in § 27A-8-10 .

Source: SL 2016, ch 147, § 3.
S.D. Codified Laws § 27B-10-8 — SD Code / Title 27B / Chapter 10 / Section 27B-10-8
Commitment hearing--Court determinations--Order
Status: in_force

At a hearing ordered pursuant to § 27B-10-4 , the court shall determine whether there is clear and convincing evidence that:

(1) The person committed one or more felony sexual offenses;

(2) The person's developmental disability, having rendered the person incompetent to proceed under chapter 23A-10A , makes it:

(a) Seriously difficult for the person to control their behavior;

(b) Likely that the person will commit other sexual offenses; and

(c) Necessary or advisable for the person to receive appropriate supports or services, or the person needs and is likely to benefit from treatment; and

(3) Whether the person is a danger to themselves or others due to the developmental disability that rendered the person incompetent to proceed under chapter 23A-10A .

If the court, through written findings of fact and conclusions of law, finds all the above criteria are met, the court must issue an order involuntarily committing the person to the Department of Human Services for appropriate placement. If the person refuses to comply with this order, the court may direct law enforcement to take the person into protective custody.

Source: SL 2023, ch 92, § 8.
S.D. Codified Laws § 27A-11A-17 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-17
County of residence to refund attorney general's expenses
Status: in_force

Expenses incurred by the attorney general on account of a person whose residence is in a county of this state shall be refunded with lawful interest thereon by the county of residence.

Source: SL 1986, ch 227, § 7; SL 1991, ch 220, § 153; SDCL Supp, § 27A-9-18.5.
S.D. Codified Laws § 27B-10-13 — SD Code / Title 27B / Chapter 10 / Section 27B-10-13
Rights--Person committed--Department
Status: in_force

Any other right, responsibility, or authority given to a person committed or the Department of Human Services under this title is applicable to a person committed under this chapter.

Source: SL 2023, ch 92, § 13.
S.D. Codified Laws § 27A-8-14 — SD Code / Title 27A / Chapter 8 / Section 27A-8-14
Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards
Status: in_force

Upon voluntary admission, and at the end of the first six months of hospitalization, and annually thereafter, the patient shall be given a separate written notice of release procedures. In addition, a copy of the written notice shall be given to any one other person designated by the patient. The patient shall acknowledge deliverance of the notice in writing, or an affidavit that he was so informed shall be attached to his record. Every voluntary patient has the right to discharge upon request as provided in § 27A-8-10 . Detailed release procedures in simple and nontechnical language shall be permanently and prominently displayed in every psychiatric ward.

Source: SL 1975, ch 181, § 25; SDCL Supp, § 27-4-13.1; SL 1991, ch 220, § 63.
S.D. Codified Laws § 27A-15-35 — SD Code / Title 27A / Chapter 15 / Section 27A-15-35
Appointment of counsel--Conflict of interest
Status: in_force

If upon completion of the evaluation required in § 27A-10-6 , it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the minor. In no case shall the minor's attorney be a person who, in the previous two years, has advised or represented the person seeking commitment or who would otherwise have a conflict of interest.

Source: SL 1991, ch 220, § 325.
S.D. Codified Laws § 27B-7-52 — SD Code / Title 27B / Chapter 7 / Section 27B-7-52
Liability for costs of care of persons not provided transportation--Report of delinquencies--Notification--Payment
Status: in_force

If the county review board fails or neglects to provide transportation to the person so discharged, as provided in § 27B-7-50 , within forty - eight hours from the date of the order discharging the person and of the notice of the order, the responsible county is liable for and shall pay to the community service provider, or if a state provider then to the state, the full service cost as defined in § 27B-3-28 for the care and keeping of such persons at the program or facility, the time computed shall commence forty - eight hours after the date of such order and notice.

If the community service provider is a state provider, the program director shall report any delinquencies, and the time any person is kept beyond the forty - eight hours, giving the person's name, the county of residence, and the amount due from the responsible county for such charge to the state auditor. The state auditor shall notify the county auditor of the county to be charged. The amount due shall be paid into the state treasury as other charges for the support of the developmentally disabled.

Source: SL 2002, ch 136, § 26.
S.D. Codified Laws § 27A-11A-12 — SD Code / Title 27A / Chapter 11A / Section 27A-11A-12
Compensation for appointed counsel
Status: in_force

Counsel appointed by the board or a court to represent a person shall be paid by the county of residence. The counsel shall be reasonably compensated for such services and for necessary expenses and costs incident to the proceedings at the rate fixed by the circuit court and in an amount approved by the chair of the board of mental illness of the referring county. No lien may be placed against the patient for the cost of counsel related to any pre - commitment hearing or hearing to review commitment status pursuant to §§ 27A-10-14 and 27A-10-15 .

Source: SL 1974, ch 182, § 5; SDCL Supp, §§ 27-6-13, 27-7-2.1; SL 1975, ch 181, § 74; SL 1987, ch 198, § 13; SL 1991, ch 220, § 148; SDCL Supp, § 27A-9-15; SL 2000, ch 129, § 13.
S.D. Codified Laws § 27A-13-19 — SD Code / Title 27A / Chapter 13 / Section 27A-13-19
Charges to state for patient determined to be nonresident
Status: in_force

If the attorney general shall find that such patient is not a proper charge against any county in the state, such patient shall thereafter be regarded as a proper charge against the state at large until returned to the state of his residence.

Source: SDC 1939, § 30.0215; SL 1939, ch 117; SDCL, § 27-9-23.
S.D. Codified Laws § 27A-6-4 — SD Code / Title 27A / Chapter 6 / Section 27A-6-4
Arrangement for discharge of financial obligations under compact and supplementary agreements
Status: in_force

The compact administrator, subject to the approval of the state treasurer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

Source: SL 1959, ch 302, § 4; SDC Supp 1960, § 55.5804; SDCL, § 27-19-4.
S.D. Codified Laws § 27A-6-2 — SD Code / Title 27A / Chapter 6 / Section 27A-6-2
Compact administrator--Cooperation with other public agencies in state
Status: in_force

The secretary of human services or his designee shall be the compact administrator. The compact administrator shall cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.

Source: SL 1959, ch 302, § 2; SDC Supp 1960, § 55.5802; SDCL, § 27-19-2; SL 1981, ch 199, § 14; SL 1989, ch 21, § 87.
S.D. Codified Laws § 27A-15-30 — SD Code / Title 27A / Chapter 15 / Section 27A-15-30
Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents
Status: in_force

If any minor is alleged to be an individual with a serious emotional disturbance and in such condition that immediate intervention is necessary for the protection from physical harm to himself or others, any person, eighteen years of age or older, may petition the chairman of the county board of mental illness where such minor is found, stating the factual basis for concluding that such minor is an individual with a serious emotional disturbance and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:

(1) A statement by the petitioner, on the basis of personal knowledge, that such minor is, as a result of a serious emotional disturbance, a danger to self or others;

(2) The specific nature of the danger;

(3) A summary of the information upon which the statement of danger is based;

(4) A statement of facts which caused the minor to come to the petitioner's attention;

(5) The name, address, and signature of the petitioner and a statement of the petitioner's interest in the case; and

(6) The name of the minor to be evaluated and the address and age of the minor and the name and address of the minor's parents, guardian, or nearest relative.

Source: SL 1991, ch 220, § 320; SL 1993, ch 213, § 127; SL 1994, ch 255, § 5.
S.D. Codified Laws § 27A-13-31 — SD Code / Title 27A / Chapter 13 / Section 27A-13-31
Action by county for reimbursement--Lien on property
Status: in_force

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

Source: SDCL, § 27-9-9 as added by SL 1975, ch 181, § 122; SL 1976, ch 173, § 28; SDCL Supp, § 27-9-9.1; SL 1991, ch 220, § 271.