reglab/housing_qa huggingface dataset:
SD Codified L § 27A-7-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-1 - County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates.

27A-7-1. County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates.In each county a magistrate judge or lawyer shall be appointed by the presiding circuit judge of the circuit in which the county is situated to serve as the chair of the county board of mental illness. Any board conducting commitment hearings shall consist of the chair and two other persons appointed by the board of county commissioners for a three-year term. The two members appointed by the county commission shall be residents of the county. The chair appointed by the presiding circuit judge need not be a resident of the county. The members of the board of mental illness who are appointed by the board of county commissioners may be appointed to more than one term but may not serve more than two consecutive three-year terms. The state's attorney for the county may not serve on the county board of mental illness. Each appointing authority shall also appoint alternates.Pursuant to chapter 1-24, two or more counties may jointly contract to establish a board of mental illness to serve all contracting counties. In such case, the county commissioners of the contracting counties shall jointly appoint the two board members referred to in this section. The members may be residents of any of the counties under joint contract. Source: SDC 1939, §30.0103; SDCL, §27-6-1; SL 1974, ch 182, §1; SL 1975, ch 181, §75; SL 1976, ch 168, §1; SL 1977, ch 211, §2; SL 1991, ch 220, §38; SL 1995, ch 157; SL 1999, ch 138, §1; SL 2000, ch 129, §2; SL 2005, ch 144, §1.
SD Codified L § 27A-7-2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-2 - Oaths of office of board members.

27A-7-2. Oaths of office of board members.Before entering upon the duties of his office, each of the persons constituting a board of mental illness shall take and subscribe an oath or affirmation to support the Constitutions of the United States and of this state, and to discharge faithfully his official duties according to law, which oath shall be filed in the office of the county auditor. Source: SDC 1939, §30.0103; SDCL, §27-6-2; SL 1975, ch 181, §76.
SD Codified L § 27A-7-3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-3 - Temporary replacement of board members or alternates--Record of replacement.

27A-7-3. Temporary replacement of board members or alternates--Record of replacement.In the case of the temporary absence or inability of any member or alternate therefor to act, the remaining members of the board of mental illness shall temporarily appoint replacements so that the original composition of the board is retained. The record in all cases shall show the fact of the absence of the regular board member or alternate and the name of the replacement. Source: SDC 1939, §30.0103; SDCL, §27-6-3; SL 1974, ch 182, §2; SL 1975, ch 181, §77; SL 1978, ch 198, §1; SL 1991, ch 220, §39.
SD Codified L § 27A-7-3.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-3.1 - Conflict of interest--Procedure for removal of board member.

27A-7-3.1. Conflict of interest--Procedure for removal of board member.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.
SD Codified L § 27A-7-4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-4 - Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons.

27A-7-4. Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons.The board of mental illness has jurisdiction over all applications or petitions for involuntary commitment, for the treatment of any involuntarily committed person, or for the safekeeping otherwise of any person subject to involuntary commitment within its county, except in cases otherwise specially provided for. The board may issue subpoenas and compel obedience to any subpoena, and do any act of a court necessary and proper in the premises for the purpose of discharging the duties required of it. Source: SDC 1939, §30.0104; SDCL §27-6-5; SL 1991, ch 220, §41; SL 2012, ch 149, §9.
SD Codified L § 27A-7-8 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-8 - Compensation, mileage, and expenses of board members.

27A-7-8. Compensation, mileage, and expenses of board members.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 actually 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 determined by the board of finance 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.
SD Codified L § 27A-7-9 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-9 - Training of board members.

27A-7-9. Training of board members.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.
SD Codified L § 27A-7-10 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-10 - Board members immune from civil liability when acting in good faith--Exception.

27A-7-10. Board members immune from civil liability when acting in good faith--Exception.Any person serving as a member of a county board of mental illness, whose action regarding the applications or petitions for involuntary commitment, for the treatment of any involuntarily committed person, or for the safekeeping otherwise of any person subject to involuntary commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct. Source: SL 2000, ch 130, §1; SL 2012, ch 149, §11.
SD Codified L § 27A-7-11 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 07 - County Boards Of Mental Illness|Section 27A-7-11 - Qualified mental health professionals immune from civil liability when acting in good faith.

27A-7-11. Qualified mental health professionals immune from civil liability when acting in good faith.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.
SD Codified L § 27A-8-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-1 - .Requirements for admission of voluntary patients.

27A-8-1. Requirements for admission of voluntary patients.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.
SD Codified L § 27A-8-10 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-10 - .Immediate discharge of adult voluntary patient after notice of intent to terminate.

27A-8-10. Immediate discharge of adult voluntary patient after notice of intent to terminate.Except as is provided in §27A-8-10.1, a voluntary patient eighteen years of age or over has the right to immediate discharge upon written notice of his intention to terminate inpatient treatment. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the patient with the required written form. Source: SL 1975, ch 181, §38; SDCL Supp, §27-4-13.2; SL 1991, ch 220, §56.
SD Codified L § 27A-8-10.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-10.1 - .Emergency detention of voluntary inpatient after notice of intention to terminate.

27A-8-10.1. Emergency detention of voluntary inpatient after notice of intention to terminate.If a written notice of termination of inpatient treatment is given to the facility pursuant to §27A-8-10, the notice is not withdrawn, and the facility director or administrator or attending psychiatrist has probable cause to believe that the patient requires emergency intervention under the criteria in §27A-1-2 and should remain in the facility, the director or administrator or attending psychiatrist may initiate a mental illness hold detaining the patient for a period not to exceed twenty-four hours, not including weekends or holidays, from the facility's receipt of the patient's written notice of intention to terminate. The director or administrator shall immediately advise the patient that he is being detained on a twenty-four hour mental illness hold and explain the nature of such hold. The director or administrator shall forthwith notify the chairman of the county board for the county where the facility is located or a local peace officer of the time of receipt of the notice to terminate, the time the hold was initiated, the circumstances necessitating the hold, and the time and place the director or administrator or attending psychiatrist will be available to file a petition pursuant to §27A-10-1. This information shall also be made part of the signed petition, the patient's medical records and be delivered to the patient. If a petition pursuant to §27A-10-1 is not filed with the chair within twenty-four hours of the facility's receipt of the patient's written notice of intention to terminate, the patient shall be immediately discharged. The twenty-four hour period does not include weekends or holidays. Source: SL 1991, ch 220, §57; SL 1992, ch 189, §2.
SD Codified L § 27A-8-11.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-11.2 - .Commitment of voluntary patient who has not applied for release--Reasons.

27A-8-11.2. Commitment of voluntary patient who has not applied for release--Reasons.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.
SD Codified L § 27A-8-14 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-14 - .Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards.

27A-8-14. Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards.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.
SD Codified L § 27A-8-15 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-15 - .Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form.

27A-8-15. Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form.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.
SD Codified L § 27A-8-16 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-16 - .Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission.

27A-8-16. Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission.A person requesting voluntary admission to an inpatient psychiatric facility, who is clinically suitable for voluntary inpatient treatment, shall be admitted only on such voluntary status. The facility director or administrator shall give to an individual who is denied admission to the facility a referral to other facilities or programs that may be able to provide the treatment needed by the individual. Source: SL 1991, ch 220, §65.
SD Codified L § 27A-8-17 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-17 - .Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent.

27A-8-17. Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent.Thirty days after the voluntary admission of a patient and every ninety days thereafter, the facility director or center administrator shall review the patient's record and assess the need for continued admission. If continued admission is indicated, the facility director or center administrator shall consult with the patient and request from the patient an oral and written affirmation of his informed consent to continued admission. If a patient was admitted upon substituted informed consent as provided in §27A-8-18.1, and continues to be incapable of exercising an informed consent to continued admission, a substituted informed consent to continuing admission shall be obtained as provided in that section. The notification, request, and affirmation shall become part of the patient's record. A failure to affirm substituted informed consent to continued admission constitutes notice of an intention to terminate inpatient treatment as provided in §27A-8-10. Source: SL 1991, ch 220, §66; SL 1992, ch 190, §4D; SL 2012, ch 149, §14.
SD Codified L § 27A-8-18.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-18.1 - .Substituted informed consent.

27A-8-18.1. Substituted informed consent.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.
SD Codified L § 27A-8-19 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness|Section 27A-8-19 - .Substituted informed consent by next of kin--Court hearing.

27A-8-19. Substituted informed consent by next of kin--Court hearing.The person's next of kin may exercise a substituted informed consent in accordance with the requirements in §27A-8-15 for the sole purpose of admission to an inpatient psychiatric facility or the center. Upon the exercise of such a substituted informed consent, the facility director or center administrator may admit the person as a voluntary patient for a period not to exceed fourteen days if the criteria in subdivisions 27A-8-1(1) to (3), inclusive, and (5), are met. During the fourteen-day admission period, the consenting next of kin may file a petition in circuit court for an order authorizing the appointment of the petitioner as guardian of the person for continuing the admission. If a petition is timely filed, admission of a nonobjecting person may continue until the court hearing. If a petition is not filed, the person shall be discharged upon the expiration of the fourteen-day admission period. Source: SL 1992, ch 190, §4B; SL 2012, ch 149, §16.