reglab/housing_qa huggingface dataset:
SD Codified L § 27B-3-47 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 03 - State Institutions For Developmentally Disabled Persons|Section 27B-3-47 - Return to facility of resident absent without authority.

27B-3-47. Return to facility of resident absent without authority.Any person with a developmental disability admitted to the facility pursuant to this title who leaves the facility without authorization or fails to return to the facility while on an authorized leave or other authorized absence from the facility, may be returned to the facility. Source: SL 2000, ch 131, §49.
SD Codified L § 27B-3-48 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 03 - State Institutions For Developmentally Disabled Persons|Section 27B-3-48 - Notice to law enforcement officers of absence of resident without authority--Detention and return to facility.

27B-3-48. Notice to law enforcement officers of absence of resident without authority--Detention and return to facility.The South Dakota Developmental Center shall notify the Spink County sheriff and state radio communications of any unauthorized absence from the facility. Any law enforcement officer knowing the whereabouts of any person absent from the facility shall detain the absent person and immediately notify both the South Dakota Developmental Center and the Spink County sheriff. The South Dakota Developmental Center shall arrange for the return of the person with a developmental disability to the facility within forty- eight hours thereafter. Source: SL 2000, ch 131, §50.
SD Codified L § 27B-3-49 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 03 - State Institutions For Developmentally Disabled Persons|Section 27B-3-49 - Secretary to be informed when no guardian or conservator of adult resident.

27B-3-49. Secretary to be informed when no guardian or conservator of adult resident.If the director of a facility determines that a person eighteen years of age or older with a developmental disability receiving services and supports from the facility requires a guardian or conservator and there is no one qualified and willing to petition for letters of guardianship or conservatorship, the director shall inform the secretary of the Department of Human Services. Source: SL 2000, ch 131, §51.
SD Codified L § 27B-3-50 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 03 - State Institutions For Developmentally Disabled Persons|Section 27B-3-50 - Evaluation of competence of resident attaining adulthood.

27B-3-50. Evaluation of competence of resident attaining adulthood.Six months prior to the eighteenth birthday of each person with a developmental disability in the facility, the person shall be evaluated by the facility to determine whether the person is competent to execute an application for voluntary admission. Source: SL 2000, ch 131, §52.
SD Codified L § 27B-3-51 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 03 - State Institutions For Developmentally Disabled Persons|Section 27B-3-51 - Secretary to be informed when no guardian for incompetent resident attaining adulthood.

27B-3-51. Secretary to be informed when no guardian for incompetent resident attaining adulthood.If the facility determines after evaluation pursuant to §27B-3-50, that the person with a developmental disability is not competent to execute an application for voluntary admission or that the person otherwise requires the protective services of a guardian, that person's parent, or if none, another interested person or entity shall be notified and requested to file a petition for the appointment of a guardian. If no petition is filed, the director shall inform the secretary of the Department of Human Services. Source: SL 2000, ch 131, §53.
SD Codified L § 27B-3-52 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 03 - State Institutions For Developmentally Disabled Persons|Section 27B-3-52 - Criminal background investigation of new employees--Temporary employment--Fees.

27B-3-52. Criminal background investigation of new employees--Temporary employment--Fees.Each person hired as an employee at the South Dakota Developmental Center, whose primary duties include patient care or supervision, shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Developmental Center shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The Developmental Center may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. Source: SL 2012, ch 29, §4.
SD Codified L § 27B-4-9 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 04 - Community Services For Developmentally Disabled Persons|Section 27B-4-9 - County budgeting and appropriations for community service providers.

27B-4-9. County budgeting and appropriations for community service providers.Each county may annually budget and appropriate funds for the establishment, support, or operation of community service providers pursuant to §27A-5-9. Source: SL 2000, ch 131, §54.
SD Codified L § 27B-4-10 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 04 - Community Services For Developmentally Disabled Persons|Section 27B-4-10 - Community service providers receiving funds to be approved by department.

27B-4-10. Community service providers receiving funds to be approved by department.Funds budgeted and appropriated under this chapter shall be used by community service providers approved by the Department of Human Services. Source: SL 2000, ch 131, §55.
SD Codified L § 27B-7-24 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-24 - County review board--Composition and appointment of board--Qualifications of members--Joint boards--Alternates.

27B-7-24. County review board--Composition and appointment of board--Qualifications of members--Joint boards--Alternates.Each county shall form a county review board which shall hear involuntary commitment hearings and review continued commitments of persons with developmental disabilities in accordance with §§27B-7-37 and 27B-7-39. The county review board shall consist of two people appointed by the board of county commissioners for a three-year term and a magistrate judge or lawyer appointed by the presiding circuit judge of the circuit in which the county is situated. The two members appointed by the county commission shall be residents of the county. The member appointed by the presiding circuit judge need not be a resident of the county. The members of the county review board 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 terms. The magistrate judge or lawyer shall serve as the chair of the county review board. The state's attorney for the county may not serve on the county review board. Each appointing authority may also appoint alternates. Pursuant to chapter 1-24, two or more counties may jointly contract to establish a county review board to serve all contracting counties. Source: SL 2000, ch 131, §56.
SD Codified L § 27B-7-25 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-25 - Oaths of office of board members.

27B-7-25. Oaths of office of board members.Before entering upon the duties of office, each member of a county review board shall take and subscribe an oath or affirmation to support the Constitution of the United States and the Constitution of this state and to discharge faithfully all official duties according to law. The oath shall be filed in the office of the county auditor. Source: SL 2000, ch 131, §57.
SD Codified L § 27B-7-25.1 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-25.1 - Board members immune from civil liability when acting in good faith--Exception.

27B-7-25.1. Board members immune from civil liability when acting in good faith--Exception.Any person serving as a member of a county review board, whose action regarding the applications or petitions for involuntary commitment or for the safekeeping otherwise of persons subject to involuntary commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct. Source: SL 2000, ch 130, §2.
SD Codified L § 27B-7-26 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-26 - Board jurisdiction of commitment and safekeeping of involuntarily committed persons--Process used in discharge of duties.

27B-7-26. Board jurisdiction of commitment and safekeeping of involuntarily committed persons--Process used in discharge of duties.The county review board has jurisdiction over all applications or petitions for involuntary commitment or for the safekeeping of persons subject to involuntary commitment within its county, except in cases otherwise specially provided for. The board chair may issue subpoenas and compel obedience thereto, and do any act of a court necessary and proper for the purpose of discharging the duties required of the board. Source: SL 2000, ch 131, §58; SL 2002, ch 136, §1.
SD Codified L § 27B-7-27 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-27 - Petition for board-ordered admission asserting need for immediate intervention--Contents.

27B-7-27. Petition for board-ordered admission asserting need for immediate intervention--Contents.Any interested person may file with the chair of the county review board a verified petition which asserts that a person meets the criteria for board-ordered commitment as specified in §27B-7-37. If any person is alleged to have a developmental disability and to be in such condition that immediate intervention is necessary for the protection from the physical harm of self or others, any person, eighteen years of age or older, may petition the chair of the county review board where such person with an alleged developmental disability is found, stating the factual basis for concluding that the person is developmentally disabled and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:(1)A statement by the petitioner that the petitioner believes, on the basis of personal knowledge, that the person is a danger to self or others;(2)The specific nature of the danger;(3)A summary of the information upon which the statement of danger is based;(4)A statement of facts which caused the person to come to the petitioner's attention;(5)The address and signature of the petitioner and a statement of the petitioner's interest in the case; and(6)The name of the person to be evaluated, the address, age, marital status, and occupation of the person, and the name and address of the person's nearest relative. Source: SL 2000, ch 131, §59.
SD Codified L § 27B-7-28 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-28 - Board order for examination and report on petition--Contents of report--County to be reimbursed for additional examination.

27B-7-28. Board order for examination and report on petition--Contents of report--County to be reimbursed for additional examination.If a petition filed pursuant to §27B-7-27 appears on its face to be sufficient, the chair of the county review board shall order that a psychiatric or psychological evaluation be performed and a report of the findings and recommendations be completed. The board chair shall appoint a licensed psychologist or psychiatrist within three days after receipt of the petition. The licensed psychologist or psychiatrist shall make the examination and prepare a report within five working days from receipt of the written notice from the board ordering the examination and report, containing the information required in §27B-7-31. If it appears, based upon the foregoing evaluation, the criteria for commitment is met, a copy of the report shall be provided to Department of Human Services. The person has the right to obtain an additional examination paid for by the county that may be placed in evidence before the board, the reasonable expense of which shall be reimbursed to the county unless the person is indigent. A lien for the amount of these costs may be filed upon the person's real and personal property to ensure payment. Source: SL 2000, ch 131, §60; SL 2002, ch 136, §2.
SD Codified L § 27B-7-29 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-29 - Board to notify department of petition--Department to prepare report--Filing.

27B-7-29. Board to notify department of petition--Department to prepare report--Filing.The chair of the county review board shall give written notice of the petition to the Department of Human Services which shall prepare a report containing a review of the person's supports and service needs and a recommendation as to appropriate service locations. The reports shall be filed with the county review board within ten working days from receipt of the written notice from the board ordering the examination and report. Source: SL 2000, ch 131, §61; SL 2002, ch 136, §3.
SD Codified L § 27B-7-30 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-30 - Disclosure of information.

27B-7-30. Disclosure of information.If requested, information shall be disclosed:(1)Pursuant to orders or subpoenas of a court of record or subpoenas of the Legislature or chair of the county review board;(2)To a prosecuting or defense attorney or to a qualified developmental disabilities professional as necessary for participation in a proceeding governed by this title;(3)To an attorney representing a person who is presently subject to the authority of this title or who has been discharged if that person has given consent;(4)If necessary in order to comply with another provision of law;(5)To the Department of Human Services if the information is necessary to enable the Department of Human Services to discharge a responsibility placed upon it by law; or(6)To a state's attorney or the attorney general for the purpose of investigation of an alleged criminal act either committed by or upon a person with a developmental disability. Source: SL 2000, ch 131, §62; SL 2013, ch 125, §9.
SD Codified L § 27B-7-31 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-31 - Contents of report in § 27B-7-28.

27B-7-31. Contents of report in §27B-7-28.The report required by §27B-7-28 shall contain:(1)Evaluations of the person's mental, physical, and emotional status, and review of social and educational history; and(2)A statement as to whether the person meets the criteria for board-ordered commitment specified in §27B-7-37. Source: SL 2000, ch 131, §63.
SD Codified L § 27B-7-32 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32 - Finding of residence.

27B-7-32. Finding of residence.If the county review board finds that a person meets the criteria in §27B-7-37, the board shall enter a finding, based on the criteria in §28-13-3, of the county of residence of the person or a finding that the person is a nonresident of this state. Source: SL 2000, ch 131, §64.
SD Codified L § 27B-7-32.1 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.1 - Request to reopen hearing regarding residence.

27B-7-32.1. Request to reopen hearing regarding residence.Within ten days of the auditor's receipt of the board's findings regarding the residence and summary of proofs thereon, the county in which the residence was found to be, other than the referring county, may request the committing county review board to reopen the hearing upon the question of the person's residence by mailing a request to the chair of the county review board. Source: SL 2002, ch 136, §4.
SD Codified L § 27B-7-32.2 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.2 - Appearance before board--Notice--Findings of board.

27B-7-32.2. Appearance before board--Notice--Findings of board.Upon receipt of the request to reopen the commitment hearing, the county review board shall, as soon as practicable, afford the county determined to be the person's county of residence an opportunity to appear before the board, at a time and place set by the board and not more than thirty days from the date of the request to reopen the hearing. Notice of the reopened hearing shall be given to the county where the person was found and to the county requesting the reopening of the hearing at least ten days prior to the reopened hearing by mailing notice thereof to the respective county auditors. Either county appearing at the reopened hearing may present any evidence it may have to establish that it is not the county of residence of the person. The board shall then determine, by a preponderance of evidence, the county of residence of the person and either affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and the county of residence with copies mailed to the administrator of the center or other facility where the person is undergoing treatment. Source: SL 2002, ch 136, §5.
SD Codified L § 27B-7-32.3 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.3 - Costs of reopened hearing--Lien against patient not permitted.

27B-7-32.3. Costs of reopened hearing--Lien against patient not permitted.The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the patient for the costs incurred in conducting any reopened hearing requested by county regarding the question of residence. Source: SL 2002, ch 136, §6.
SD Codified L § 27B-7-32.4 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.4 - Finding of nonresidency to be forwarded to attorney general.

27B-7-32.4. Finding of nonresidency to be forwarded to attorney general.If a person is found at an initial or reopened hearing not to be a resident of the state, the county review board shall forward to the attorney general a copy of its findings and a summary of the proofs upon which the findings are based. Source: SL 2002, ch 136, §7.
SD Codified L § 27B-7-32.5 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.5 - Attorney general may request reopened hearing--Notice.

27B-7-32.5. Attorney general may request reopened hearing--Notice.Within ten days of the attorney general's receipt of the committing board's findings regarding residence and summary of proofs thereon, the attorney general may request the committing county review board to reopen the hearing by mailing a request to the chair of the committing county review board. Notice of the reopened hearing shall be given to any county adversely interested and to the attorney general at least ten days prior to the reopened hearing by mailing notice to the county auditor of any county adversely interested and to the attorney general. Source: SL 2002, ch 136, §8.
SD Codified L § 27B-7-32.6 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.6 - Presentation of evidence--Burden of proof--Filing of finding.

27B-7-32.6. Presentation of evidence--Burden of proof--Filing of finding.Any county adversely interested or the attorney general may present evidence to establish the residence of the person at the reopened hearing. The board shall then determine, by a preponderance of evidence, whether the person is a resident of a particular county or whether the patient is not a resident of the state and shall affirm or modify its prior finding. The ultimate finding of residence shall be filed with the clerk of courts of the committing county and copies thereof mailed to the director of the facility or program where the person is undergoing treatment and to the auditor of any county found to be the residence of the person or to the attorney general if the person is found not to be a resident of the state. Source: SL 2002, ch 136, §9.
SD Codified L § 27B-7-32.7 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.7 - Costs of reopened hearing--Reimbursement by county or state.

27B-7-32.7. Costs of reopened hearing--Reimbursement by county or state.The referring county shall pay any expenses incurred by the committing board in conducting any reopened hearing, subject to reimbursement by the county ultimately proven to be the county of residence or if a nonresident of the state, by the State of South Dakota. Source: SL 2002, ch 136, §10.
SD Codified L § 27B-7-32.8 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 07 - Commitment And Board-Ordered Care Of Developmentally Disabled Persons|Section 27B-7-32.8 - Refund of expenses of reopened hearing.

27B-7-32.8. Refund of expenses of reopened hearing.The county of residence shall refund with lawful interest thereon any expenses incurred by the attorney general on account of a person whose residence is in a county of this state. Source: SL 2002, ch 136, §11.