reglab/housing_qa huggingface dataset:
SD Codified L § 27A-13-33 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-33 - Accrual of state or county claim--Commencement during life of patient--Past claims.

27A-13-33. Accrual of state or county claim--Commencement during life of patient--Past claims.The statute of limitations upon any claim of the county or state for expense of care of the mentally ill as provided herein may not commence to run until the death of the mentally ill patient, but action may be begun at any time during the life of the mentally ill person. This chapter does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 1, 1975. Source: SDC 1939, §30.0120; SL 1951, ch 155; SL 1961, ch 154; SL 1964, ch 104, §14; SDCL, §§27-9-13, 27-9-16; SL 1975, ch 181, §§125, 127; SL 1991, ch 220, §273.
SD Codified L § 27A-13-34 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-34 - Disposition of amounts collected from patient or responsible person.

27A-13-34. Disposition of amounts collected from patient or responsible person.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.
SD Codified L § 27A-14-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-1 - Discretionary discharge of voluntary patient.

27A-14-1. Discretionary discharge of voluntary patient.The administrator or facility director may at any time discharge a voluntary patient whom the administrator or facility director deems suitable for discharge. Source: SL 1975, ch 181, §130; SDCL Supp, §27-10-2.1; SL 1991, ch 220, §275.
SD Codified L § 27A-14-1.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-1.1 - Notification to guardian that inpatient treatment no longer required.

27A-14-1.1. Notification to guardian that inpatient treatment no longer required.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.
SD Codified L § 27A-14-1.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-1.2 - Release by Human Services Center administrator prior to hearing--Transportation.

27A-14-1.2. Release by Human Services Center administrator prior to hearing--Transportation.If, prior to the hearing required in §27A-10-8, the administrator of the South Dakota Human Services Center determines that the person no longer meets the commitment criteria, that person shall be released and his record sealed in accordance with the provisions of state law. Following such release, the referring county shall provide the person with transportation to the county where he was taken into custody if the person so chooses. Source: SL 1991, ch 220, §287.
SD Codified L § 27A-14-1.3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-1.3 - Release by facility director--Notification to board chairman.

27A-14-1.3. Release by facility director--Notification to board chairman.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.
SD Codified L § 27A-14-1.4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-1.4 - Leave status--Limit--Reviews and hearings.

27A-14-1.4. Leave status--Limit--Reviews and hearings.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.
SD Codified L § 27A-14-2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-2 - Discharge of involuntary patient on changed behavior.

27A-14-2. Discharge of involuntary patient on changed behavior.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.
SD Codified L § 27A-14-3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-3 - Notice to county board of discharge of involuntary patient--Transportation to home.

27A-14-3. Notice to county board of discharge of involuntary patient--Transportation to home.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.
SD Codified L § 27A-14-4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-4 - Notice to county board of provisional discharge--Maximum duration.

27A-14-4. Notice to county board of provisional discharge--Maximum duration.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.
SD Codified L § 27A-14-5 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-5 - County liability for costs on failure to remove discharged patient on notice--Report and collection of delinquencies.

27A-14-5. County liability for costs on failure to remove discharged patient on notice--Report and collection of delinquencies.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.
SD Codified L § 27A-14-14 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 14 - Discharge Of Patients|Section 27A-14-14 - Public assistance to discharged or released patient.

27A-14-14. Public assistance to discharged or released patient.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.
SD Codified L § 27A-15-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-1 - Definition of terms.

27A-15-1. Definition of terms.Terms used in this chapter mean:(1)"Clinical evaluation," an evaluation of the minor to determine the appropriateness of admission to an inpatient psychiatric facility or continued inpatient treatment. The evaluation shall include a personal interview with the minor and parent, guardian, or other legal custodian, an examination of all relevant available records, a mental status examination of the minor, relevant social history information, and an examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation, including a full probe of the minor's background utilizing all relevant educational, treatment, and other public and private service provider sources;(2)"Independent clinical evaluation," a clinical evaluation of the minor performed by a qualified mental health professional who:(a)Is not currently involved in the diagnosis, treatment, or provision of services to the minor;(b)Is not an employee of the facility to which admission of the minor is sought or to which the minor has been admitted; and(c)Will not receive monetary benefit by the minor's admission to or continued stay in an inpatient psychiatric facility;(3)"Minor," a person under eighteen years of age except that for purposes of this title, the term does not include a person who is emancipated under Title 26 or who is married. Any person not included within this definition of minor shall come under this title's provisions which apply to adults;(4)"Parent," a biological or adoptive parent who has legal custody of the minor, including either parent if the parents have joint legal custody;(5)"Psychiatric evaluation," an examination conducted by a psychiatrist which includes the history of present illness, past history of medical and psychiatric illness, pertinent psychosocial history, and a mental status examination that enables the formulation of a diagnostic summary. Source: SL 1991, ch 220, §291; SL 1994, ch 255, §1; SL 2000, ch 129, §18.
SD Codified L § 27A-15-1.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-1.1 - Serious emotional disturbance defined.

27A-15-1.1. Serious emotional disturbance defined.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.
SD Codified L § 27A-15-3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-3 - Separation of minors from adult patients.

27A-15-3. Separation of minors from adult patients.No minor, whether admitted by a parent or involuntarily committed, may be placed with adult patients if the inpatient psychiatric facility maintains a separate unit for minors. A minor may be admitted or committed to a facility which does not maintain a separate unit for minors only for acute treatment and evaluation and only for a period not to exceed seven working days. The facility shall provide separate sleeping quarters and separate day areas in which adult patients are not permitted. The facility shall provide a separate evaluation program of which specific guidelines are approved by the Department of Health. Source: SL 1991, ch 220, §293; SL 1992, ch 194.
SD Codified L § 27A-15-4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|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.

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.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.
SD Codified L § 27A-15-5 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-5 - Criteria for admission of minor.

27A-15-5. Criteria for admission of minor.Subject to the provisions of this chapter, a minor may be immediately admitted to an inpatient psychiatric facility by the minor's parent, or such parent-initiated continued inpatient treatment continued if the following criteria are met:(1)The minor is an individual with a serious emotional disturbance as defined in §27A-15-1.1;(2)The minor displays one or more of the following conditions:(a)Exhibits seriously impaired contact with reality and severely impaired social, academic, and self-care functioning, whose thinking is frequently confused, whose behavior may be grossly inappropriate and bizarre, and whose emotional reactions are frequently inappropriate at the situation;(b)Manifests long-term behavior problems or suicidal behavior; or(c)Suffers from severe anxiety, depression, irrational fears and concerns whose symptoms may be exhibited as serious eating and sleeping disturbances, extreme sadness of suicidal proportion, maladaptive dependence on parents, or avoidance of nonfamilial social contact;(3)The minor needs and is likely to benefit from inpatient treatment at the facility;(4)The facility has determined that:(a)Reasonable efforts have been made to provide for the mental health treatment needs of the minor through the provision of less restrictive treatment alternatives to inpatient treatment;(b)Such alternatives have failed to meet the treatment needs of the minor; or(c)The condition of the minor is such that less restrictive treatment alternatives are unlikely to meet the mental health treatment or diagnostic needs of the minor; and(5)The parent has exercised an informed consent to inpatient treatment of the minor. Source: SL 1991, ch 220, §295; SL 1994, ch 255, §3.
SD Codified L § 27A-15-8 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-8 - Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.

27A-15-8. Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.The parent, guardian, or other legal custodian of the minor may execute a written application for the minor's admission. The execution of an application for admission shall be preceded by an explanation by the administrator or facility director to the parent, guardian, or other legal custodian and minor of the nature of inpatient status, including the types of treatment available, the restraints and restrictions to which the minor may be subject, a statement of the parent's, guardian's, or other legal custodian's rights and minor's rights under this title, including the minor's right to object to admission, and the right to view and copy records, under this title. Nothing in this chapter precludes the administrator or facility director or attending psychiatrist from arranging for and referring the parent, guardian, or other legal custodian and minor to the mental health center designated as the service center for the area in which the inpatient psychiatric facility is located for an independent clinical evaluation. Source: SL 1991, ch 220, §298; SL 1992, ch 189, §11; SL 2000, ch 129, §20.
SD Codified L § 27A-15-9 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-9 - Informed consent--Oral and written--Copy to parent and minor.

27A-15-9. Informed consent--Oral and written--Copy to parent and minor.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.
SD Codified L § 27A-15-10 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-10 - Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.

27A-15-10. Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.After application for admission, the administrator or facility director may immediately admit the minor upon a determination that the criteria in §27A-15-5 are met. Upon admission, each minor shall have a psychiatric evaluation within forty-eight hours excluding Saturday, Sunday, and holidays and the administrator or facility director shall promptly request all relevant information and records of treatment, education, and other services provided to the minor and arrange for a clinical evaluation of the minor to be conducted within twenty-four hours. If information is not immediately available to complete a clinical evaluation, admission and treatment may be authorized in accordance with the provisions of this chapter by a physician pending the completion of a clinical evaluation within seven days. The parent, guardian, or other legal custodian, all public agencies and all providers of relevant services to the minor shall cooperate with the administrator or facility director and shall promptly deliver information and records upon request and without charge.Upon completion of the psychiatric and clinical evaluation required in this section, the administrator or facility director may authorize continued admission of the minor to the inpatient psychiatric facility for a period not to exceed forty-five days only upon written findings by the evaluating psychiatrist which reaffirm that the criteria in §27A-15-5 are met.A copy of the written psychiatric and clinical evaluation shall be immediately delivered to the parent, guardian, or other legal custodian upon request. If the minor is admitted all information and records subsequently received shall be considered by the evaluator in determining whether continued inpatient treatment is authorized under the criteria in §27A-15-5. The written psychiatric and clinical evaluation and all records and relevant information shall become part of the minor's medical records. Source: SL 1991, ch 220, §300; SL 2000, ch 129, §21.
SD Codified L § 27A-15-12 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-12 - Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.

27A-15-12. Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.A parent who consented to a minor's admission under this chapter has the right to effect an immediate discharge of the minor upon written notice of the parent's intention to terminate inpatient treatment, unless the facility director, administrator, or attending psychiatrist has probable cause to believe the minor requires emergency intervention under §27A-15-30 and should remain in the facility, and initiates a mental illness hold. The hold may not exceed twenty-four hours from the facility's receipt of the parent's written notice to terminate. The facility director, administrator, or psychiatrist shall immediately complete and submit a petition for immediate intervention under the provisions of §27A-15-30 to the chair of the county mental illness board where the minor is located. For purposes of this section, the term, immediately, means the earliest possible time during normal waking hours. If a petition is not filed with the chair within twenty-four hours of the initiation of the hold, the minor shall be discharged. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the parent with the required written form. If a §27A-15-30 petition is completed for submission to the chair of the county board, the minor's admission shall continue pending the decision of the chair under §27A-15-34. Source: SL 1991, ch 220, §302; SL 2013, ch 122, §7.
SD Codified L § 27A-15-13 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-13 - Denial of admission--Referral to other programs or services.

27A-15-13. Denial of admission--Referral to other programs or services.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.