reglab/housing_qa huggingface dataset:
SC Code § 44-23-1100 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-1100. Disclosure of copies of completed forms retained by probate judges.

 Any copies of completed forms retained by judges of probate shall be safeguarded in a confidential file, and the information therein contained shall not be disclosed except pursuant to Section 44-22-100.  HISTORY: 1962 Code Section 32-1023; 1952 (47) 2042; 1958 (50) 1634; 2000 Act No. 253, Section 10.
SC Code § 44-23-1110 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-1110. Charges for maintenance, care, and services.

 The Department of Mental Health shall establish the charges for maintenance and medical care for patients, other than beneficiary, of State mental health facilities. These charges shall be based upon the per capita costs per day of the services rendered, which may include costs of operation, costs of depreciation, and all other elements of cost, which may be adjusted from time to time as the Department of Mental Health considers advisable. It shall establish a reasonable scale of fees to be charged patients, other than beneficiary, served by the mental health clinics and shall retain these fees for use in defraying the expenses of the clinics.  HISTORY: 1962 Code Section 32-1026; 1952 Code Section 32-954; 1942 Code Section 6223; 1932 Code Section 6223; Civ. C. '22 Section 5074; Civ. C. '12 Section 3355; Civ. C. '02 Section 2248; G. S. 1585; R. S. 1780; 1827 (11) 322; 1871 (15) 672; 1915 (29) 147; 1920 (31) 704; 1938 (40) 1665; 1952 (47) 2042.
SC Code § 44-23-1120 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-1120. Liability of estate of deceased patient or trainee.

 Upon the death of a person who is or has been a patient or trainee of a State mental health facility the executor or administrator and the judge of probate shall notify the Department of Mental Health in writing. If the decedent was cared for at the expense of the State during his confinement, the Department of Mental Health shall present a claim for the amount due, and this claim shall be allowed and paid as other lawful claims against the estate. The Department of Mental Health may waive the presentation of any claim when, in its opinion, an otherwise dependent person would be directly benefited by waiver.  HISTORY: 1962 Code Section 32-1027; 1952 Code Section 32-975; 1942 Code Section 6249-4; 1932 Code Section 2013; Cr. C. '22 Section 997; 1915 (29) 132; 1941 (42) 272; 1952 (47) 2042.
SC Code § 44-23-1130 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-1130. Contracts for care and treatment.

 The Department of Mental Health shall make investigations and ascertain which of the patients or trainees of State mental health facilities or which of the parents, guardians, trustees, committees or other persons legally responsible therefor are financially able to pay the expenses of the care and treatment, and it may contract with any of these persons for a patient's or trainee's care and treatment. The Department of Mental Health may require any county or State agency which might have or might be able to obtain information which would be helpful to it in making this investigation to furnish this information upon request. In arriving at the amount to be paid the Department of Mental Health shall have due regard for the financial condition and estate of the patient or trainee, his present and future needs and the present and future needs of his lawful dependents, and whenever considered necessary to protect him or his dependents may agree to accept a monthly sum less than the actual per capita cost.  HISTORY: 1962 Code Section 32-1028; 1952 Code Section 32-974; 1942 Code Section 6249-4; 1932 Code Section 2013; Cr. C. '22 Section 997; 1915 (29) 132; 1941 (42) 272; 1952 (47) 2042.
SC Code § 44-23-1140 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 23 - Provisions Applicable To Both Mentally Ill Persons And Persons Of Intellectual Disabilities|Section 44-23-1140. Lien for care and treatment; filing statement; limitation of action for enforcement.

 There is hereby created a general lien upon the real and personal property of any person who is receiving or who has received care or treatment in a State mental health facility, to the extent of the total expense to the State in providing the care, training or treatment. The Department of Mental Health shall send to the clerk of court or the register of deeds in those counties having such officer and the judge of probate of the county of the patient's or trainee's known or last known residence a statement showing the name of the patient or trainee and the date upon which the lien attaches, which shall be filed in the offices of the clerk of court or the register of deeds in those counties having such officer and the judge of probate in each county in which the patient or trainee then owns or thereafter acquires property, real or personal, and no charge shall be made for this filing. From the time of filing in either office, the statement shall constitute due notice of the lien against all property then owned or thereafter acquired by the patient or trainee. No action to enforce the lien may be brought more than one year after the patient's or trainee's death. This lien shall in no way affect the right of homestead.  HISTORY: 1962 Code Section 32-1029; 1952 (47) 2042; 1953 (48) 504; 1954 (48) 1732; 1956 (49) 1604; 1997 Act No. 34, Section 1.
SC Code § 44-24-20 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-20. Voluntary admission; notification of guardian ad litem.

 (A) If a child is found to be a proper subject for voluntary admission, the director of a treatment program or facility shall admit for treatment an individual who is:  (1) sixteen years of age or older and who applies for admission;  (2) under sixteen years of age if his parent or legal guardian applies for admission on his behalf.  (B) A governmental agency, acting as legal guardian, admitting a child voluntarily, shall notify the child's guardian ad litem within forty-eight hours. If a guardian ad litem has not been appointed, the agency shall petition the court for appointment within seventy-two hours.  HISTORY: 1991 Act No. 88, Section 1.
SC Code § 44-24-30 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-30. Admission of child sixteen or older as inpatient; determination of voluntariness; appointment of guardian ad litem.

 When a child sixteen years of age or older is admitted to an inpatient facility at the department, the probate court of the county in which the child resides or where the child applied for admittance shall appoint a guardian ad litem. The guardian ad litem shall review the case and report to the court whether, in the guardian ad litem's opinion, the child had applied voluntarily or if the application was involuntary. The review may not exceed seven days. During the review the guardian ad litem must have access to relevant information and must be able to interview the parents or guardian of the child. If the guardian ad litem suspects the application was involuntary, the guardian ad litem shall notify the court and facility where the child is held. After notification, the facility shall evaluate further the appropriateness of admission and report the findings to the court. After reviewing the opinion of the guardian ad litem and the facility, if the court determines the:  (1) application was voluntary or involuntary and no need for commitment exists, the child must be discharged immediately;  (2) application was voluntary and admission is necessary, there must be no further action before periodic review;  (3) application was involuntary and admission is necessary, the court shall order the facility to file, within three days exclusive of Saturdays, Sundays, and legal holidays after the date of the order, a petition for judicial admission and to retain the child pending a hearing which must be conducted within fifteen days of the filing of the petition;  (4) child is in need of alternative treatment other than admission to a facility, the local mental health center is responsible for coordinating appropriate services.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 84, Section 1.
SC Code § 44-24-40 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-40. Discharge of voluntarily admitted child; grounds for not effecting discharge.

 The director of a treatment program or facility immediately shall discharge to the parent, legal guardian, or agency a voluntarily admitted child who:  (1) is no longer in need of that treatment program or facility; or  (2) requests his own discharge or whose discharge is requested, in writing, by his parent or legal guardian, or other interested person, unless at least one of the following exists:  (a) the child was admitted on his application if sixteen years of age or older, and the request for discharge is made by a person other than the child, in which case, discharge is conditioned upon agreement of the child;  (b) the child, by reason of age, was admitted on the application of another person, in which case, discharge, before becoming sixteen years of age, is conditioned upon three days' notice, exclusive of Saturdays, Sundays, and legal holidays, being given to and consent being obtained from his parent or legal guardian;  (c) the director of the treatment program or facility, within three days, exclusive of Saturdays, Sundays, and legal holidays, after the child or other interested person requests the child's discharge, files with the court of the county in which the child resided or was present immediately before his admission, a petition for judicial commitment pursuant to Section 44-24-90.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 1.
SC Code § 44-24-50 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-50. Periodic notification to voluntarily admitted child and parent or guardian of right to release.

 When admitted to the residential program or facility, thirty days after the date of admission, and every six months after, a voluntarily admitted child must be informed in writing of his right to release in language which is appropriate for his age. The child shall sign a statement to that effect which becomes a part of that child's record. The child's parent or legal guardian or other interested person must be informed also and shall sign a statement to that effect which becomes a part of the child's record.  HISTORY: 1991 Act No. 88, Section 1.
SC Code § 44-24-70 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-70. Taking custody of child needing emergency admission.

 If a child in need of emergency admission cannot be examined by a licensed physician pursuant to Section 44-24-60 because his whereabouts are unknown or for any other reason, the petitioner seeking commitment pursuant to Section 44-24-60 shall execute an affidavit stating that he believes the child is in need of emergency admission. The grounds for the belief must be included and a statement that the usual procedure for examination cannot be followed and the reason. Upon presentation of the affidavit, the court may require a law enforcement officer to take the child into custody and transport him for an examination by a licensed physician as provided for in Section 44-24-60. If within the twenty-four hours the child is not examined by a licensed physician or, if upon examination, the physician does not execute the certification provided in Section 44-24-60, the proceedings must be terminated and the child immediately released. Otherwise, proceedings must be held pursuant to Section 44-24-60.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 4.
SC Code § 44-24-80 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-80. Transportation of child to hospital; parent's or guardian's request to accompany child.

 The certificate provided for in Section 44-24-60(A)(2) requires a law enforcement officer, preferably in civilian clothes, to take the child into custody and transport him to the hospital designated by the certification. Upon request, a law enforcement officer shall transport the child's parent, legal guardian, or other adult family member to accompany the child to the hospital. No child may be taken into custody after the expiration of three days from the date of certification. A friend or relative may transport the individual to the hospital designated in the application, if the friend or relative has read and signed a statement on the certificate which clearly states that it is the responsibility of a law enforcement officer to provide timely transportation for the patient and that the friend or relative freely chooses to assume the responsibility. A friend or relative who chooses to transport the patient is not entitled to reimbursements from the State for the cost of the transportation. No child may be subjected to mechanical restraints during transportation except upon the determination by the law enforcement officer that restraints are necessary to prevent the child's escape or harm to himself or others. An officer acting in accordance with this chapter is immune from civil liability.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 5.
SC Code § 44-24-90 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-90. Notification to child and guardian of petition; contents of petition; right to counsel; examination and conclusions.

 (A) Proceedings for judicial admission to a treatment program or facility begin by an interested person filing a written petition with the court of the county where the child is present or where the child is a resident. The petition must state the factual basis of the person's belief that:  (1) the child is in need of treatment;  (2) treatment may be obtained only through an involuntary admission.  (B) The petition may be accompanied by a certificate of an examiner stating that he has examined the child and is of the opinion the child is a child in need of treatment. The certificate or written statement must contain the underlying facts upon which the examiner or petitioner bases his conclusions.  (C) Upon receiving a petition the court shall give the child and his legal guardian, the guardian ad litem, if one has been appointed, and other interested persons notice by certified mail of the petition and of the child's right to counsel. Every reasonable effort must be made to notify the child's natural parents of the petition.  (D) Within three days after a petition for judicial commitment is filed, exclusive of Saturdays, Sundays, and legal holidays, the court shall appoint counsel to represent the child if counsel has not been retained in the child's behalf. The court shall appoint two examiners, one of whom must be a licensed physician, to examine the child and report to the court their findings as to the child's mental condition and the need, if any, for treatment. If the child refuses examination, the court may require a law enforcement officer to take the child into custody and to transport him for examination by the two examiners. After the examination, the child must be released. A record of the examination must be made and offered to his counsel. If the conclusions of the examination are that the child is a child in need of treatment, the underlying facts must be recorded as well as the conclusion. The child or his guardian may request an additional examination by an independent examiner. The examination must be conducted at public expense.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 6.
SC Code § 44-24-100 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-100. Notice of hearing for emergency or judicial admission.

 Notice of the hearing for an emergency admission or a judicial admission must be given to the child or his guardian, his counsel, and other interested persons at least five days before the hearing, exclusive of Saturdays, Sundays, and legal holidays. The notice must include the time, date, and place of the hearing, a clear statement in plain and simple language of the purpose of the proceedings, and the possible consequences to the individual for whom involuntary admission is sought and a copy of the petition or affidavit and supporting certificates of the examining physician.  HISTORY: 1991 Act No. 88, Section 1.
SC Code § 44-24-110 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-110. Examiners' reports; disposition of child when report does not recommend judicial admission, recommends judicial admission, or is divided.

 (A) The written reports filed with the court by the designated examiners must include, but are not limited to, questions relating to whether or not the child poses an imminent danger to himself or others, whether or not recent overt acts are indicative of a child in need of treatment, and whether or not a less restrictive placement is recommended and available.  (B) If the report of the examiners is that the child is not in need of judicial admission, the court shall dismiss the petition and the child must be discharged immediately by the place of admission if the child has been admitted to a treatment facility or program.  (C) If the report of the examiners is that the child is a child in need of judicial admission, the court may order that the child be detained at the place of his admission or in another treatment facility or program.  (D) If the report of the examiners is divided, the court may terminate the proceedings or shall designate a third examiner, who must be a psychiatrist or psychologist trained or experienced in the treatment of children, and order that the three examiners render a majority opinion within three days exclusive of Saturdays, Sundays, and legal holidays.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 7.
SC Code § 44-24-120 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-120. Removal of proceedings to another county.

 The child or the child's guardian may request removal of the proceedings to another county of the State when the convenience of witnesses and the ends of justice require it. When the place of the proceedings is changed, all other proceedings must be held in the county to which the place of hearing is changed, unless otherwise provided by the filed consent of the parties in writing or order of the court. The papers must be filed or transferred accordingly.  HISTORY: 1991 Act No. 88, Section 1.
SC Code § 44-24-130 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-130. Hearing; location; testimony; rules of evidence; transcript.

 A person to whom notice is required may appear at the hearing, testify and, within the discretion of the court, present and cross-examine witnesses, and the court may receive the testimony of other persons. The court may hold the hearing in a suitable location in the State, without regard to whether the location is in the county of the court conducting the hearing, when the judge is satisfied that the health and welfare of the child concerned is best served by conducting the hearing in a location other than the court. The hearing may be conducted in an informal manner consistent with orderly procedure. The court shall follow the rules of evidence applicable to the probate courts in receiving evidence. The child or his legal guardian may have a free transcript of the record of the proceedings.  HISTORY: 1991 Act No. 88, Section 1.
SC Code § 44-24-140 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-140. Determination after presentation of evidence.

 (A) If the court finds, after presentation of all the evidence, that the child is not in need of judicial admission, the court shall order that he must be discharged if he has been hospitalized before the hearing.  (B) If upon completion of the hearing and consideration of the record the court finds upon clear and convincing evidence that the child is in need of judicial admission, the court may order treatment in the department or at another program or facility that agrees to accept the child.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 8.
SC Code § 44-24-150 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 24 - Commitment Of Children In Need Of Mental Health Treatment|Section 44-24-150. Psychiatric evaluations of children; notification of victims.

 (A) A family court may order that a child, who is otherwise before the court on another matter, be given a psychiatric evaluation by the appropriate community mental health center. The community mental health center shall schedule the child for the ordered evaluation as soon as possible and shall provide the family court with a written report of the results of the evaluation within five working days following the evaluation.  (B) If the community mental health center reports to the family court that the child is in need of an inpatient psychiatric evaluation, the family court may commit the child to a hospital designated by the department for a psychiatric evaluation. An order of commitment for psychiatric evaluation may not exceed fifteen days. Upon written request by the department to the court, the evaluation period may be extended for no more than an additional fifteen days. Upon notification by the department to the court that the evaluation has been completed, the court shall issue an order to implement the immediate discharge of the child from the hospital.  (C) If a psychiatric evaluation indicates a child is in need of judicial admission, the family court may:  (1) defer to the probate court for purposes of commitment to a range of services; or  (2) commit to a range of services utilizing the procedures and forms applicable to the probate court pursuant to Chapter 23 and Sections 44-24-90 through 44-24-140.  (D) Any victim of a child charged with a crime and held in detention who is ordered to a mental health facility for a psychiatric evaluation must be notified pursuant to Article 15, Chapter 3, Title 16 of the child's transfer to or discharge from a mental health facility.  HISTORY: 1991 Act No. 88, Section 1; 1993 Act No. 30, Section 9; 2005 Act No. 120, Section 5, eff June 3, 2005.