reglab/housing_qa huggingface dataset:
SD Codified L § 27A-15-31 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-31 - Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.

27A-15-31. Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.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.
SD Codified L § 27A-15-32 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-32 - Apprehension by police officer for emergency intervention--Jail not used for custody of minor.

27A-15-32. Apprehension by police officer for emergency intervention--Jail not used for custody of minor.A peace officer may apprehend any minor that he has probable cause to believe requires emergency intervention under the criteria in §27A-15-30. The peace officer shall transport the minor to an appropriate regional facility other than the center. A jail may not be used for the custody of a minor. The restrictions and requirements regarding the confinement of a minor with adult detainees or patients in §27A-15-31, shall apply. All reasonable attempts shall be made to immediately notify the parent, guardian, or other legal custodian of the apprehension and transportation of the minor. Source: SL 1991, ch 220, §322.
SD Codified L § 27A-15-33 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-33 - Immediate notification of rights.

27A-15-33. Immediate notification of rights.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.
SD Codified L § 27A-15-34 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-34 - Release if criteria not met--Transportation--Detention if criteria met.

27A-15-34. Release if criteria not met--Transportation--Detention if criteria met.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.
SD Codified L § 27A-15-35 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-35 - Appointment of counsel--Conflict of interest.

27A-15-35. Appointment of counsel--Conflict of interest.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.
SD Codified L § 27A-15-36 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-36 - Procedure if hearing to be held--Alternative treatment.

27A-15-36. Procedure if hearing to be held--Alternative treatment.If upon completion of the evaluation it is determined that a hearing will be held, the chairman of the board of mental illness which will be conducting the hearing as provided in §27A-10-8 shall order testimony by a qualified mental health professional who shall assess the availability and appropriateness of treatment alternatives including treatment programs other than inpatient treatment. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not considered appropriate. If the board determines that an alternative to inpatient treatment is appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in §27A-15-37. Source: SL 1991, ch 220, §326; SL 1992, ch 189, §24.
SD Codified L § 27A-15-37 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-37 - Completion of hearing--Board's determination--Commitment or release.

27A-15-37. Completion of hearing--Board's determination--Commitment or release.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.
SD Codified L § 27A-15-38 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-38 - Time limit to implement individualized treatment plan--Purpose of plan.

27A-15-38. Time limit to implement individualized treatment plan--Purpose of plan.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.
SD Codified L § 27A-15-39 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-39 - Educational programming for involuntarily committed minor.

27A-15-39. Educational programming for involuntarily committed 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 the minor receives educational programming consistent with applicable federal and state law. Source: SL 1991, ch 220, §329.
SD Codified L § 27A-15-40 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-40 - Periodic review following involuntary commitment--Assessment--Right to refuse treatment.

27A-15-40. Periodic review following involuntary commitment--Assessment--Right to refuse treatment.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.
SD Codified L § 27A-15-41 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-41 - Review hearing--Notice--Rights and procedures.

27A-15-41. Review hearing--Notice--Rights and procedures.Within forty-five days after the involuntary commitment of a minor who is still under the commitment order, the county board of mental illness which serves the county in which the minor is receiving treatment shall conduct a review hearing in such county to determine if the minor continues to meet the criteria in §27A-15-29. Notice of the review hearing shall be given to the minor, and his attorney if the minor has retained counsel, at least six days prior to the hearing. If the minor has not retained counsel at the time of the notice, the chairman of the county board shall immediately appoint counsel to represent the minor. In no case may the minor's attorney be a person who, in the previous two years, has advised or represented the facility or program to which the minor is committed or who would otherwise have a conflict of interest. At the time the notice of hearing is given, the minor and his attorney shall be informed of all evidence that will be considered at the review hearing. Any evidence subsequently discovered shall be immediately transmitted to the minor and his attorney. The rights and procedures applicable in relation to an initial commitment hearing shall be applicable in relation to the review hearing except that a petition need not be filed. The board of mental illness may order the continued involuntary commitment of the minor to the same or alternative placement or program for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that the criteria in §27A-15-37 are met. If the board orders the continued involuntary commitment of the minor, it shall immediately notify the minor and his attorney of his right to appeal as provided in §27A-11A-25. If continued involuntary commitment is ordered, a review hearing as provided in this section shall be conducted at least every forty-five days that the minor remains under commitment.If the required findings are not made, the board shall order that the minor be immediately discharged from involuntary commitment. Upon such discharge, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the chairman of the board of mental illness shall explain and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action. Source: SL 1991, ch 220, §331.
SD Codified L § 27A-15-42 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-42 - Additional review hearings--Rights, procedures, and findings.

27A-15-42. Additional review hearings--Rights, procedures, and findings.Notwithstanding the provisions of §§27A-15-37 and 27A-15-41, if the board of mental illness orders an initial commitment or a continued commitment, it may also schedule at the time of such initial commitment hearing or at the time of such review hearing and without further notice, a review hearing in addition to the statutory review hearings provided in §27A-15-41, to determine whether the minor continues to meet the criteria in §27A-15-37. The rights, procedures, and findings required in §27A-15-41 shall apply to such additional review hearing. No temporary periods of involuntary commitment may be authorized. Source: SL 1991, ch 220, §332.
SD Codified L § 27A-15-43 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-43 - Review of treatment plan.

27A-15-43. Review of treatment plan.The minor's treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor's overall adjustment. Source: SL 1991, ch 220, §333.
SD Codified L § 27A-15-44 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-44 - Predischarge plan of aftercare for involuntarily committed minor.

27A-15-44. Predischarge plan of aftercare for involuntarily committed minor.A predischarge plan of aftercare for a planned discharge of an involuntarily committed minor shall be formulated in cooperation with the minor and the minor's parent, guardian, or other legal custodian. A copy of the plan shall be delivered to the parent, guardian, or other legal custodian. The plan shall:(1)Specify the services required in the community to meet the minor's needs for treatment, education, housing, nutrition, physical care, and safety;(2)Specify any income subsidies for which the minor is eligible; and(3)Identify local and state agencies which can provide services and support to the minor.The lack of such a plan is not sufficient reason for the continued commitment of a minor when release is otherwise appropriate or required under this title. Source: SL 1991, ch 220, §334; SL 1992, ch 189, §26; SL 2000, ch 129, §26.
SD Codified L § 27A-15-45 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-45 - Experimental treatments prohibited--Petition for authorization under certain circumstances.

27A-15-45. Experimental treatments prohibited--Petition for authorization under certain circumstances.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.
SD Codified L § 27A-15-46 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-46 - Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.

27A-15-46. Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.Except as otherwise provided by this title, psychotropic medication and other forms of treatment may be administered to a minor under the age of sixteen only with the oral and written informed consent of the minor's parent or guardian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose. Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for the improvement of the minor's serious emotional disturbance. The parent's or guardian's informed consent and the treating psychiatrist's determination shall become part of the minor's medical records. Source: SL 1991, ch 220, §336; SL 1992, ch 189, §27; SL 1995, ch 164, §1; SL 2013, ch 122, §9.
SD Codified L § 27A-15-47 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 15 - Treatment Of Minors|Section 27A-15-47 - Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.

27A-15-47. Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.Except as otherwise provided by this title, psychotropic medication and other treatment may be administered to a minor sixteen years of age or older only with the oral and written informed consent of the minor and the minor's parent, legal guardian, or custodian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose.Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance. The informed consent of the minor and the minor's parent, legal guardian, or custodian and the treating psychiatrist's determination shall become part of the minor's medical records. The failure to obtain the informed consent of the minor shall be treated as a refusal of treatment pursuant to §27A-15-48. Source: SL 1991, ch 220, §337; SL 1992, ch 189, §28; SL 1993, ch 213, §129; SL 1995, ch 164, §2; SL 2013, ch 122, §10.