reglab/housing_qa huggingface dataset:
SD Codified L § 27A-1-3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-3 - Qualified mental health professionals.

27A-1-3. Qualified mental health professionals.As used in this title, the term, qualified mental health professional, means a physician licensed pursuant to chapter 36-4 or a member of one of the professions listed as follows who is in good standing with any relevant licensing or certification boards:(1)A psychologist who is licensed to practice psychology in South Dakota;(2)An advanced practice nurse with at least a master's degree from an accredited education program and either two years or one thousand hours of clinical experience that includes mental health evaluation and treatment;(3)A certified social worker with a master's degree from an accredited training program and two years of supervised clinical experience in a mental health setting;(4)A person who has a master's degree in psychology from an accredited program and two years of supervised clinical mental health experience and who meets the provision of subdivision 36-27A-2(2);(5)A counselor who is certified under chapter 36-32 as a licensed professional counselor--mental health;(6)A counselor who is certified under chapter 36-32 as a licensed professional counselor and has two years of supervised clinical experience in a mental health setting and who is employed by the State of South Dakota or a mental health center;(7)A therapist who is licensed under chapter 36-33 as a marriage and family therapist with two years of supervised clinical experience in a mental health setting;(8)A physician assistant who is licensed under chapter 36-4A and either two years or one thousand hours of clinical experience that includes mental health evaluation and treatment; or(9)A professional as listed in subdivisions (1) to (8), inclusive, who is employed by the federal government and currently licensed in that profession in another state, in good standing with the licensing board, and acting within the scope of the professional's license.Except as provided in subdivision (9) and §36-4-20, each qualified mental health professional shall meet all licensing and certification requirements promulgated by the State of South Dakota for persons engaged in private practice of the same profession in South Dakota. However, the private practice licensure requirements for persons referred to in subdivisions (3) and (6) do not apply to those employed by the State of South Dakota, mental health centers, or organizations that have a formal clinical supervision arrangement by an employed person who is licensed at the private practice level. Source: SL 1975, ch 181, §§1 (9), 30; SDCL Supp, §§27-1-1.1 (9), 27-1-3.1; SL 1978, ch 193, §1; SL 1987, ch 198, §1; SL 1991, ch 220, §3; SL 1994, ch 222, §§1, 2; SL 1995, ch 226, §5; SL 2003, ch 151, §1; SL 2003, ch 152, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2012, ch 149, §3; SL 2013, ch 122, §3.
SD Codified L § 27A-1-4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-4 - Unlawful confinement of mentally ill as felony or misdemeanor.

27A-1-4. Unlawful confinement of mentally ill as felony or misdemeanor.Any person who intentionally and wrongfully places or attempts to place any person in a facility for the mentally ill by any method other than as prescribed by law is guilty of a Class 6 felony. Any person who confines any mentally ill person in any other manner or in any other place than is authorized by law, is guilty of a Class 1 misdemeanor. Source: SDC 1939, §13.2708; SDCL, §27-1-6; SL 1975, ch 181, §43; SL 1991, ch 220, §4.
SD Codified L § 27A-1-7 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-7 - Training required by department.

27A-1-7. Training required by department.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.
SD Codified L § 27A-1-9 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-9 - Promulgation of rules for training qualified mental health professionals.

27A-1-9. Promulgation of rules for training qualified mental health professionals.The Department of Social Services shall establish requirements for training qualified mental health professionals on the emergency commitment process and their role regarding performing examinations. The department may require fees to cover the administrative costs associated with the training. The department shall implement this section by rules promulgated pursuant to chapter 1-26. Source: SL 1994, ch 222, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2012, ch 149, §6.
SD Codified L § 27A-1-10 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-10 - Mental health setting.

27A-1-10. Mental health setting.A mental health setting is one in which the diagnosis and treatment of mental and emotional disorders is the primary task of the mental health professional. A mental health setting may be a clinic, hospital, social service agency, private professional service provider, residential facility, mental health center, or other entity in which a mental health professional provides diagnosis and treatment of mental and emotional disorders. Source: SL 1995, ch 155, §1.
SD Codified L § 27A-1-12 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-12 - Definitions.

27A-1-12. Definitions.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.
SD Codified L § 27A-1-13 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-13 - Contract with bordering state for treatment of mental illness or substance use disorder in state facility.

27A-1-13. Contract with bordering state for treatment of mental illness or substance use disorder in state facility.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.
SD Codified L § 27A-1-14 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-14 - Treatment contracts not allowed for certain persons convicted of criminal offense.

27A-1-14. Treatment contracts not allowed for certain persons convicted of criminal offense.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.
SD Codified L § 27A-1-15 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-15 - Content of contract for treatment.

27A-1-15. Content of contract for treatment.Any contract entered into under §§27A-1-12 to 27A-1-17, inclusive, between a bordering state or governmental entity of a bordering state and a South Dakota treatment facility shall, at a minimum:(1)Describe the services to be provided;(2)Establish responsibility for the costs of services;(3)Establish responsibility for the costs of transporting individuals receiving services under §§27A-1-12 to 27A-1-17, inclusive;(4)Establish responsibility for the transportation of individuals under §§27A-1-12 to 27A-1-17, inclusive;(5)Specify the duration of the contract;(6)Specify the means of terminating the contract;(7)Specify the terms and conditions for refusal to admit or retain an individual; and(8)Identify the goals to be accomplished by the placement of an individual under §§27A-1-12 to 27A-1-17, inclusive. Source: SL 2004, ch 184, §4.
SD Codified L § 27A-1-16 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-16 - Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state.

27A-1-16. Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state.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.
SD Codified L § 27A-1-17 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-17 - Placement or transfer of person from bordering state to Human Services Center prohibited.

27A-1-17. Placement or transfer of person from bordering state to Human Services Center prohibited.No person placed in South Dakota from a bordering state under §§27A-1-12 to 27A-1-17, inclusive, may be placed or transferred to the South Dakota Human Services Center. Source: SL 2004, ch 184, §6.
SD Codified L § 27A-1-18 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-18 - Designation of caregiver to receive information regarding resident of treatment facilities.

27A-1-18. Designation of caregiver to receive information regarding resident of treatment facilities.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.
SD Codified L § 27A-1-19 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 01 - Definitions And General Provisions|Section 27A-1-19 - Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.

27A-1-19. Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.A treatment facility shall provide reasonable notice to a caregiver designated under §27A-1-18 of the resident's discharge or transfer to a different treatment facility prior to the resident's discharge or transfer. Prior to a resident's discharge from a treatment facility, the treatment facility shall consult with the resident and the caregiver designated under §27A-1-18 regarding any after-discharge plan, including a description of the resident's aftercare plan developed under §27A-12-3.7. A treatment facility may not be held liable in any civil action for failure to provide notice under this section.Nothing in this section prohibits a treatment facility, in the exercise of professional judgment and its experience with common practice to make reasonable inferences of the resident's best interests, from:(1)Determining not to disclose any information related to the resident to a caregiver designated under §27A-1-18; and(2)Disclosing information related to the resident to a caregiver of the treatment facility's choice. Source: SL 2019, ch 126, §2.
SD Codified L § 27A-3-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 03 - State Mental Health Programs|Section 27A-3-1 - General functions of department.

27A-3-1. General functions of department.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.
SD Codified L § 27A-3-6 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 03 - State Mental Health Programs|Section 27A-3-6 - Acquisition and use of property by department--Legislative approval required for acquisition or transfer of real property.

27A-3-6. Acquisition and use of property by department--Legislative approval required for acquisition or transfer of real property.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 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.
SD Codified L § 27A-3-8 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 03 - State Mental Health Programs|Section 27A-3-8 - Residential facilities for emotionally disturbed children.

27A-3-8. Residential facilities for emotionally disturbed children.The Department of Human Services or the Department of Social Services may lease, construct, or purchase facilities for providing residential care during the course of diagnosis, treatment, and observation of emotionally disturbed children. The department has the authority to accept gifts, contributions, federal grants-in-aid, or financial aid from any other source for the facilities described above.Any facilities acquired pursuant to this section shall be the sole operational responsibility of the Department of Human Services or the Department of Social Services within available state appropriations, federal funds, or other sources of revenue. The Department of Human Services or the Department of Social Services shall establish rules, promulgated pursuant to chapter 1-26, necessary for the proper operation and supervision of such facilities and consistent with sound therapeutic procedures. Source: SL 1968, ch 220; SDCL Supp, §27-3-24; SL 1989, ch 21, §61; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011.
SD Codified L § 27A-4-1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 04 - South Dakota Human Services Center|Section 27A-4-1 - Hospital established--Location.

27A-4-1. Hospital established--Location.The state hospital for the mentally ill, as now established and located on the southeast quarter of section thirty-six, township ninety-four north, range fifty-six west of the fifth principal meridian, and on adjacent land owned by the hospital, near the city of Yankton, in Yankton County, shall be known as the South Dakota Human Services Center. The South Dakota Human Services Center and any other locations established as branch facilities of the Human Services Center shall be under the direction and control of the Department of Social Services. Source: SDC 1939, §30.0201; SDCL §27-4-1; SL 1974, ch 181, §1; SL 1989, ch 21, §64; SL 1991, ch 220, §9; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
SD Codified L § 27A-4-3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 04 - South Dakota Human Services Center|Section 27A-4-3 - Appointment of administrator.

27A-4-3. Appointment of administrator.The secretary of social services shall appoint an administrator of the South Dakota Human Services Center.The administrator shall be the chief executive officer of the South Dakota Human Services Center. The administrator shall serve at the pleasure of the secretary of social services. Source: SDC 1939, §30.0205; SL 1961, ch 155, §1; SDCL §27-4-3; SL 1971, ch 167; SL 1975, ch 181, §52; SL 1989, ch 21, §66; SL 2002, ch 135, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011; SL 2013, ch 122, §4.
SD Codified L § 27A-4-6 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 04 - South Dakota Human Services Center|Section 27A-4-6 - Acceptance and use of property for center--Diversion to other purposes prohibited--Restrictions on power to contract and convey real estate.

27A-4-6. Acceptance and use of property for center--Diversion to other purposes prohibited--Restrictions on power to contract and convey real estate.The Department of Social Services may take, in the name of the state, and hold in trust for the South Dakota Human Services Center any lands, conveyed or devised, and any money or personal property given or bequeathed to be applied for any purpose connected with such institution. It may divert any such lands, money, or personal property to any purpose other than the one for which such lands, money, or personal property were given, devised, or bequeathed, and it may not bind the state by any contract beyond the amount of the appropriation which may at the time have been made for the purposes expressed in the contract, nor sell or convey any part of real estate belonging to such center without the consent of the Legislature. However, it may release and mortgage or convey any real estate which may be held by it as security for any money or upon any trust, the terms of which authorize such conveyance. Source: SDC 1939, §30.0204; SDCL §27-4-8; SL 1989, ch 21, §68; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
SD Codified L § 27A-4-8 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 04 - South Dakota Human Services Center|Section 27A-4-8 - Establishment of psychiatric units at center--Special units.

27A-4-8. Establishment of psychiatric units at center--Special units.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.
SD Codified L § 27A-4-9 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 04 - South Dakota Human Services Center|Section 27A-4-9 - Juvenile unit authorized at Human Services Center--Purpose--Determination by administrator required before admission.

27A-4-9. Juvenile unit authorized at Human Services Center--Purpose--Determination by administrator required before admission.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.