reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-11 - Receipt of patient from State Veterans' Home--Expenses paid by state.

27A-4-11. Receipt of patient from State Veterans' Home--Expenses paid by state.
If any resident of the State Veterans' Home is admitted to the South Dakota Human Services Center, all expenses for the care, board, keeping, and transportation for such person shall be a charge upon the state, provided such resident is without sufficient means to pay all or part of such expenses.
Source:
SDC 1939, §30.0117; SL 1953, ch 179; SL 1965, ch 147; SDCL, §27-4-14; SL 1991, ch 220, §15.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-12 - Contract for care of person in United States custody.

27A-4-12. Contract for care of person in United States custody.
The center may enter into written contracts with the United States for the treatment and care of persons in the custody of the United States subject to the provisions of this title.
Source:
SL 1945, ch 129; SDC Supp 1960, §30.0117-1; SDCL, §27-4-15; SL 1989, ch 21, §72; SL 1991, ch 220, §16.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-14 - Transfer of patients to other facilities, programs, or agencies.

27A-4-14. Transfer of patients to other facilities, programs, or agencies.
Any person committed to the South Dakota Human Services Center may be transferred to the care of a veterans' hospital, a mental health center, or a community-based mental health program operated by the state if, in the judgment of the administrator of the Human Services Center, the person would benefit from treatment received at the facility. The transfer of the person and the commitment may only be made by mutual consent of each facility, program, or agency. The administrator of the Human Services Center shall furnish all appropriate information concerning the patient, with or without consent, to the receiving facility, program, or agency. All charges for treatment at the facility, program, or agency shall be made in accordance with the provisions of this title.
Source:
SL 1974, ch 183, §12; SL 1975, ch 181, §56; SDCL Supp, §27-4-11.1; SL 1987, ch 198, §3; SL 1991, ch 220, §18; SL 1995, ch 156; SL 2012, ch 149, §8.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-15 - Transportation of nonresident patient to home state--Payment of expense.

27A-4-15. Transportation of nonresident patient to home state--Payment of expense.
If it appears to the satisfaction of the administrator of the South Dakota Human Services Center and to the secretary of social services that a person has been received at such institution who is not a resident of this state, but who is a resident of some other state or territory of the United States, the administrator of such hospital shall so certify, and shall provide for the transportation of such person to the state of his residence, and particularly to a similar institution of such state, and shall also provide an attendant to take such patient to the state of his residence and to such institution therein. The expense of transporting and caring for such person en route, together with the expense of such attendant, shall be paid out of the general funds of the state.
Source:
SDC 1939, §30.0121; SDCL §27-4-16; SL 1975, ch 181, §57; SL 1989, ch 21, §74; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-16 - Search for patient on unauthorized leave--Notice--Return of patient to center.

27A-4-16. Search for patient on unauthorized leave--Notice--Return of patient to center.
If any patient committed by a county board of mental illness or voluntary patient deemed dangerous to self or others shall take unauthorized leave from the center, the administrator shall immediately start a search for the patient, and if the patient cannot be found, he shall notify the sheriff of the county where the patient resides and the sheriff's office in the county wherein the facility is located. If the patient is found, a local law enforcement officer from the county where apprehended shall return him to the South Dakota Human Services Center.
Source:
SDC 1939, §30.0221; SDCL, §27-4-27; SL 1975, ch 181, §60; SL 1987, ch 198, §4; SL 1991, ch 220, §19.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-17 - Disposition of funds left by deceased patients--Credit to special fund--Notice of unclaimed funds.

27A-4-17. Disposition of funds left by deceased patients--Credit to special fund--Notice of unclaimed funds.
If a patient of the center dies, leaving funds at the center, the administrator of the center shall turn the funds over to the department for the sole use and benefit of the center. The funds shall be subject to refund within one year to any creditor, dependent, or heir, who establishes a right to the funds or any portion thereof. All the funds shall be credited to a fund designated as the unclaimed funds account. The center shall give, within thirty days of the death, notice of the unclaimed funds to all individuals listed as relatives in the center's records and any and all known creditors including the Department of Social Services.
Source:
SL 1961, ch 157, §1; SDCL, §27-4-28; SL 1975, ch 181, §61; SL 1989, ch 21, §75; SL 1991, ch 220, §20; SL 1996, ch 181, §2.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-17.1 - Use of unclaimed funds--Satisfaction of indebtedness.

27A-4-17.1. Use of unclaimed funds--Satisfaction of indebtedness.
If a patient dies at the center and leaves funds, any indebtedness incurred by the patient for care at the center shall take precedence over any other claims. Funds may be disbursed by the center to satisfy the indebtedness and shall be disbursed in the following order:
(1)Any indebtedness incurred by the center prior to the patient's death for the benefit of the patient shall be paid by the center from the deceased patient's funds on deposit;
(2)Any indebtedness incurred by the patient during the patient's stay at the center shall be paid out of these funds;
(3)After the liabilities have been satisfied, any funds remaining shall be paid to the family if a valid estate has been established; and
(4)If a valid estate has not been established, the funds shall be applied to any outstanding funeral bills upon receiving a valid itemization from the funeral home.
Any liabilities paid pursuant to subdivision (1), (2), or (4) of this section shall be paid on a prorata basis if sufficient funds are not available to pay the entire amount within that subdivision.
Source:
SL 1996, ch 181, §4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-17.2 - Disbursement of unclaimed funds after satisfaction of indebtedness.

27A-4-17.2. Disbursement of unclaimed funds after satisfaction of indebtedness.
If any funds remain after the disbursement allowed in §27A-4-17.1, funds shall be disbursed in the following order:
(1)If the patient has been receiving veterans administration funds the center shall notify the veterans administration as to the balance and upon receipt of proper claim shall disburse the funds to the veterans administration;
(2)If the patient has been a medicaid recipient, the administrator shall notify the Department of Social Services of the balance and the date of the death, on forms provided by the Department of Social Services. Upon receiving a valid claim, the funds shall be disbursed to the Department of Social Services with the center not responsible for any further claims;
(3)If any funds remain, in the sum of three hundred dollars or more, the administrator shall hold it for the benefit of the county legally obligated for the care of the patient for the purpose of satisfying any lien of the county against the patient;
(4)If the county waives or fails to commence proceedings on its lien within six months from the date of the death, the funds shall be made available to other creditors on a prorata basis; and
(5)If none of the above apply, or if no proceeding of probate or administration of the estate is commenced within six months from the time of giving the notice as required in §27A-4-17, or if there are no heirs to the estate, the amount on deposit at the center, notwithstanding chapter 21-36, shall escheat to the center's patient benefit fund.
Source:
SL 1996, ch 181, §5.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-17.3 - Disposition of personal property left by deceased or discharged patients.

27A-4-17.3. Disposition of personal property left by deceased or discharged patients.
If a patient at the center dies leaving personal property at the center, all property shall be released to the next of kin listed on the records at the center. If the person is discharged, notification shall be made to interested parties that the property must be claimed and removed within six months. If notification cannot be made and no one claims the property within six months, the property shall escheat to the center for the sole use of the center.
Source:
SL 1996, ch 181, §6.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-17.4 - Disposition of funds left by discharged patient.

27A-4-17.4. Disposition of funds left by discharged patient.
If a patient at the center is discharged and leaves funds at the center, the funds shall be turned over to the administrator and deposited in the unclaimed funds account. Notice of the unclaimed funds shall be provided to the patient by first class mail, at the last known address of the patient. The funds shall be mailed to the patient by check if requested. If the funds are not claimed within one year from the date of deposit to the unclaimed funds account, the funds shall escheat to the center's patient benefit fund.
Source:
SL 1996, ch 181, §7.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-20 - Capacity limits for treatment areas.

27A-4-20. Capacity limits for treatment areas.
The secretary shall, in conjunction with the administrator, establish capacity limits for the treatment areas required by §27A-4-8 at the center. The limits may not be exceeded unless an emergency situation is declared by the secretary and the administrator. Capacity limitations shall be established using such criteria as number of patients, and staffing levels. If capacity limits are reached, no additional admissions may be accepted until census numbers decrease. If capacity limits are reached, the department shall contract for appropriate services for those qualified for admission. This contract obligation does not apply to programs established at the discretion of the department or pursuant to §27A-4-9 or §34-20B-105.
Source:
SL 1991, ch 220, §22; SL 1996, ch 182.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-21 - Crime of assisting in escape of involuntarily committed person--Penalties.

27A-4-21. Crime of assisting in escape of involuntarily committed person--Penalties.
Any state employee or any employee of an agency under contract to the State of South Dakota who knowingly and intentionally allows or assists in the escape or release of an involuntarily committed person from the Human Services Center, through acts or omission, is guilty of a Class 6 felony. Any other person who knowingly and intentionally allows or assists in the escape or release of an involuntarily committed person from the Human Services Center, through acts or omission, is guilty of a Class 1 misdemeanor.
The term, escape, or, release, as used in this section includes departure without lawful authority or failure to return to custody following a temporary leave granted for a specific purpose or limited period.
Source:
SL 2001, ch 148, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 04 - South Dakota Human Services Center › Section 27A-4-22 - Criminal background investigation of new employees--Temporary employment--Fees.

27A-4-22. Criminal background investigation of new employees--Temporary employment--Fees.
Each person hired as an employee whose primary duty includes patient care or supervision at the Human Services Center 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 Human Services 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 Human Services 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, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-1 - Determination of standards for locally operated centers.

27A-5-1. Determination of standards for locally operated centers.
The Department of Social Services shall determine and establish reasonable standards and requirements for the locally operated nonprofit mental health centers operated within the State of South Dakota to qualify for assistance from the State of South Dakota. The secretary of social services may adopt reasonable rules in regard to the following standards and requirements:
(1)Staff requirements;
(2)Administration, audit requirements, and record keeping;
(3)Services provided;
(4)Patient rights; and
(5)Such other standards as are necessary for the safety and health of clients and patients.
Source:
SL 1966, ch 186, §7 (2); SDCL §27-5-2; SL 1975, ch 181, §63; SL 1981, ch 199, §13; SL 1989, ch 21, §77; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-7 - Department of Social Services to designate county service centers.

27A-5-7. Department of Social Services to designate county service centers.
The Department of Social Services shall designate a mental health center as the service center for each county.
Source:
SL 1974, ch 183, §3; SL 1975, ch 181, §69; SDCL Supp, §27-5-9; SL 1989, ch 21, §83; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-9 - County and municipal contributions to mental health centers, clinics, and community support providers.

27A-5-9. County and municipal contributions to mental health centers, clinics, and community support providers.
The boards of county commissioners and the municipal governing bodies may contribute sums of money annually from their general fund to any mental health center, clinic, or community support provider approved by the Department of Social Services, or to each of such facilities, without regard to whether they are within or outside of their respective jurisdictions.
Source:
SL 1957, ch 152, §§1, 2; SDC Supp 1960, §12.0617-12; SL 1961, ch 31, §2; SL 1963, ch 38; SDCL §27-5-8; SL 1971, ch 168; SL 1985, ch 77, §15; SL 1989, ch 21, §85; SL 2009, ch 138, §6; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-10 - No charge against counties contributing to support of center--Reduced rate.

27A-5-10. No charge against counties contributing to support of center--Reduced rate.
If a county makes a contribution of at least one dollar per capita to the support of a mental health center in accordance with §27A-5-9, no charge may be levied against the county for persons provided treatment by such mental health center until the cumulative total of such charges reaches seventy-five percent of the total county contribution. Thereafter, such county shall be charged at a rate of seventy-five percent of the rate at which it would normally be charged in accordance with the fee schedule prescribed by the Department of Social Services.
Source:
SL 1974, ch 183, §5; SL 1975, ch 181, §71; SDCL Supp, §27-5-11; SL 1989, ch 21, §86; SL 1991, ch 220, §29; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-15 - Discharge procedures.

27A-5-15. Discharge procedures.
The procedures for discharge from commitment provided in this title apply to any person committed to the care of a mental health center.
Source:
SL 1974, ch 183, §14; SL 1975, ch 181, §72; SDCL Supp, §27-5-17; SL 1991, ch 220, §34.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-16 - Charges for inpatient treatment.

27A-5-16. Charges for inpatient treatment.
When inpatient services are provided by a local mental health center to an individual pursuant to this title, charges for such treatment may be assessed to the individual, to any third party resource available, to a legally responsible person, to the county of residence according to chapter 28-13 if the individual is indigent or to the department through contract with the mental health center.
Source:
SL 1991, ch 220, §35.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-17 - Charges for detention or temporary housing services to individuals awaiting hearing assessed to county of residence.

27A-5-17. Charges for detention or temporary housing services to individuals awaiting hearing assessed to county of residence.
When detention or temporary housing services are provided by a local mental health center to individuals awaiting a commitment hearing, charges for such services may be assessed to the county of residence of the individual provided, however, the provisions of chapter 28-14 shall not apply. Costs shall be based on a schedule of usual, ordinary, and reasonable charges for such services as approved by the department or by agreement with the county.
Source:
SL 1991, ch 220, §36.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 05 - Local Mental Health Centers And Community Support Providers › Section 27A-5-18 - Charges for other services by local centers--Schedule of fees.

27A-5-18. Charges for other services by local centers--Schedule of fees.
When other services are provided by a local mental health center to individuals pursuant to this title, charges for such services may be assessed to the individual, to any third-party payment resource available, to the county of residence if indigent, provided, however, the provisions of chapter 28-14 do not apply, or to the department through contract with the center. The schedule of fees for services provided shall be the same as those assessed to the general public or according to agreements made with the county.
Source:
SL 1991, ch 220, §37.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 06 - Interstate Cooperation In Mental Health Services › Section 27A-6-2 - Compact administrator--Cooperation with other public agencies in state.

27A-6-2. Compact administrator--Cooperation with other public agencies in state.
The secretary of human services or his designee shall be the compact administrator. The compact administrator shall cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.
Source:
SL 1959, ch 302, §2; SDC Supp 1960, §55.5802; SDCL, §27-19-2; SL 1981, ch 199, §14; SL 1989, ch 21, §87.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 06 - Interstate Cooperation In Mental Health Services › Section 27A-6-3 - Supplementary agreements authorized--Concurrence required when service required from state agencies.

27A-6-3. Supplementary agreements authorized--Concurrence required when service required from state agencies.
The secretary of human services may enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. If such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement may have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
Source:
SL 1959, ch 302, §3; SDC Supp 1960, §55.5803; SDCL, §27-19-3; SL 1989, ch 21, §88.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 06 - Interstate Cooperation In Mental Health Services › Section 27A-6-4 - Arrangement for discharge of financial obligations under compact and supplementary agreements.

27A-6-4. Arrangement for discharge of financial obligations under compact and supplementary agreements.
The compact administrator, subject to the approval of the state treasurer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
Source:
SL 1959, ch 302, §4; SDC Supp 1960, §55.5804; SDCL, §27-19-4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 06 - Interstate Cooperation In Mental Health Services › Section 27A-6-5 - Consultation with family and county board before transfer of patient to another state.

27A-6-5. Consultation with family and county board before transfer of patient to another state.
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution of this state to an institution in another party state, to take no final action without approval of the county board of mental illness.
Source:
SL 1959, ch 302, §5; SDC Supp 1960, §55.5805; SDCL, §27-19-5.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-1 - County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates.

27A-7-1. County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates.
In each county a magistrate judge or lawyer shall be appointed by the presiding circuit judge of the circuit in which the county is situated to serve as the chair of the county board of mental illness. Any board conducting commitment hearings shall consist of the chair and two other persons appointed by the board of county commissioners for a three-year term. The two members appointed by the county commission shall be residents of the county. The chair appointed by the presiding circuit judge need not be a resident of the county. The members of the board of mental illness who are appointed by the board of county commissioners may be appointed to more than one term but may not serve more than two consecutive three-year terms. The state's attorney for the county may not serve on the county board of mental illness. Each appointing authority shall also appoint alternates.
Pursuant to chapter 1-24, two or more counties may jointly contract to establish a board of mental illness to serve all contracting counties. In such case, the county commissioners of the contracting counties shall jointly appoint the two board members referred to in this section. The members may be residents of any of the counties under joint contract.
Source:
SDC 1939, §30.0103; SDCL, §27-6-1; SL 1974, ch 182, §1; SL 1975, ch 181, §75; SL 1976, ch 168, §1; SL 1977, ch 211, §2; SL 1991, ch 220, §38; SL 1995, ch 157; SL 1999, ch 138, §1; SL 2000, ch 129, §2; SL 2005, ch 144, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-2 - Oaths of office of board members.

27A-7-2. Oaths of office of board members.
Before entering upon the duties of his office, each of the persons constituting a board of mental illness shall take and subscribe an oath or affirmation to support the Constitutions of the United States and of this state, and to discharge faithfully his official duties according to law, which oath shall be filed in the office of the county auditor.
Source:
SDC 1939, §30.0103; SDCL, §27-6-2; SL 1975, ch 181, §76.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-3 - Temporary replacement of board members or alternates--Record of replacement.

27A-7-3. Temporary replacement of board members or alternates--Record of replacement.
In the case of the temporary absence or inability of any member or alternate therefor to act, the remaining members of the board of mental illness shall temporarily appoint replacements so that the original composition of the board is retained. The record in all cases shall show the fact of the absence of the regular board member or alternate and the name of the replacement.
Source:
SDC 1939, §30.0103; SDCL, §27-6-3; SL 1974, ch 182, §2; SL 1975, ch 181, §77; SL 1978, ch 198, §1; SL 1991, ch 220, §39.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-3.1 - Conflict of interest--Procedure for removal of board member.

27A-7-3.1. Conflict of interest--Procedure for removal of board member.
If it appears any member of the board has a conflict of interest, he may be removed by the filing of an affidavit with the chairman of the board setting forth the grounds for the disqualification. Unless the affidavit appears clearly frivolous, it shall be granted. In the event of disqualification, a duly designated alternate or temporary replacement shall serve in the place of the disqualified board member.
Source:
SL 1991, ch 220, §40.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-4 - Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons.

27A-7-4. Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons.
The board of mental illness has jurisdiction over all applications or petitions for involuntary commitment, for the treatment of any involuntarily committed person, or for the safekeeping otherwise of any person subject to involuntary commitment within its county, except in cases otherwise specially provided for. The board may issue subpoenas and compel obedience to any subpoena, and do any act of a court necessary and proper in the premises for the purpose of discharging the duties required of it.
Source:
SDC 1939, §30.0104; SDCL §27-6-5; SL 1991, ch 220, §41; SL 2012, ch 149, §9.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-8 - Compensation, mileage, and expenses of board members.

27A-7-8. Compensation, mileage, and expenses of board members.
The members of the board of mental illness, other than a magistrate judge, shall be allowed compensation at an hourly rate as determined by the county commissioners for all time actually employed in the duties of their offices as members of such board of mental illness. All members of the board shall be allowed mileage at the rate determined by the board of finance and other necessary actual expenses incurred in the performance of their duties as members of such board.
Source:
SDC 1939, §30.0120; SL 1951, ch 155; SL 1959, ch 174, §1; SL 1961, ch 154; SL 1963, ch 202; SDCL, §27-6-8; SL 1970, ch 150; SL 1974, ch 182, §3; SL 1975, ch 181, §79; SL 1977, ch 211, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-9 - Training of board members.

27A-7-9. Training of board members.
Each member of a board of mental illness shall participate in training as required by the Department of Social Services prior to undertaking their duties. The training shall include the duties, procedures, and rights of any person coming before the board of mental illness.
Source:
SL 1991, ch 220, §45; SL 1994, ch 223; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011; SL 2012, ch 149, §10.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-10 - Board members immune from civil liability when acting in good faith--Exception.

27A-7-10. Board members immune from civil liability when acting in good faith--Exception.
Any person serving as a member of a county board of mental illness, whose action regarding the applications or petitions for involuntary commitment, for the treatment of any involuntarily committed person, or for the safekeeping otherwise of any person subject to involuntary commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.
Source:
SL 2000, ch 130, §1; SL 2012, ch 149, §11.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 07 - County Boards Of Mental Illness › Section 27A-7-11 - Qualified mental health professionals immune from civil liability when acting in good faith.

27A-7-11. Qualified mental health professionals immune from civil liability when acting in good faith.
Any person serving as the qualified mental health professional as designated by the chair of the county board of mental illness, whose examinations and testimony under Title 27A are conducted in good faith, is immune from any civil liability for such examinations and testimony. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct.
Source:
SL 2006, ch 147, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness › Section 27A-8-1 - .Requirements for admission of voluntary patients.

27A-8-1. Requirements for admission of voluntary patients.
The facility director or administrator may receive as a voluntary patient any person eighteen years of age or older who understands the nature of voluntary inpatient treatment, is capable of giving informed consent, and voluntarily executes a written application for admission, if the following requirements are met:
(1)If, after examination by a staff psychiatrist, the facility director or administrator determines that the applicant is clinically suitable for inpatient treatment. In the event of the unavailability of a staff psychiatrist, admission may be granted pending an examination by a staff psychiatrist within one working day;
(2)A less restrictive treatment alternative is inappropriate or unavailable;
(3)The person is in need of and will likely benefit from treatment which is available at the facility;
(4)The requirements in §27A-8-15 have been met; and
(5)The person does not have medical needs which are beyond the capacity of the center or inpatient psychiatric facility.
If a person eighteen years of age or older voluntarily seeks admission to an inpatient psychiatric facility without any element of force, duress, threat or other form of coercion and the facility director or administrator determines, after the explanation required in §27A-8-15, that the person is incapable of exercising an informed consent to the admission, the person may be admitted upon exercise of a substituted informed consent in accordance with §§27A-8-18.1 and 27A-8-19.
Source:
SDC 1939, §30.0115; SL 1955, ch 111; SL 1957, ch 147; SL 1959, ch 170; SL 1961, ch 153; SL 1964, ch 104, §8; SDCL §27-4-12; SL 1975, ch 181, §32; SL 1981, ch 206, §1; SL 1991, ch 220, §46; SL 1992, ch 190, §4; SL 1995, ch 158, §1; SL 2012, ch 149, §12.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness › Section 27A-8-10 - .Immediate discharge of adult voluntary patient after notice of intent to terminate.

27A-8-10. Immediate discharge of adult voluntary patient after notice of intent to terminate.
Except as is provided in §27A-8-10.1, a voluntary patient eighteen years of age or over has the right to immediate discharge upon written notice of his intention to terminate inpatient treatment. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the patient with the required written form.
Source:
SL 1975, ch 181, §38; SDCL Supp, §27-4-13.2; SL 1991, ch 220, §56.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness › Section 27A-8-10.1 - .Emergency detention of voluntary inpatient after notice of intention to terminate.

27A-8-10.1. Emergency detention of voluntary inpatient after notice of intention to terminate.
If a written notice of termination of inpatient treatment is given to the facility pursuant to §27A-8-10, the notice is not withdrawn, and the facility director or administrator or attending psychiatrist has probable cause to believe that the patient requires emergency intervention under the criteria in §27A-1-2 and should remain in the facility, the director or administrator or attending psychiatrist may initiate a mental illness hold detaining the patient for a period not to exceed twenty-four hours, not including weekends or holidays, from the facility's receipt of the patient's written notice of intention to terminate. The director or administrator shall immediately advise the patient that he is being detained on a twenty-four hour mental illness hold and explain the nature of such hold. The director or administrator shall forthwith notify the chairman of the county board for the county where the facility is located or a local peace officer of the time of receipt of the notice to terminate, the time the hold was initiated, the circumstances necessitating the hold, and the time and place the director or administrator or attending psychiatrist will be available to file a petition pursuant to §27A-10-1. This information shall also be made part of the signed petition, the patient's medical records and be delivered to the patient. If a petition pursuant to §27A-10-1 is not filed with the chair within twenty-four hours of the facility's receipt of the patient's written notice of intention to terminate, the patient shall be immediately discharged. The twenty-four hour period does not include weekends or holidays.
Source:
SL 1991, ch 220, §57; SL 1992, ch 189, §2.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness › Section 27A-8-11.2 - .Commitment of voluntary patient who has not applied for release--Reasons.

27A-8-11.2. Commitment of voluntary patient who has not applied for release--Reasons.
An inpatient psychiatric facility director, the center administrator or an attending psychiatrist may file a petition pursuant to §27A-10-1 for the commitment of a voluntary patient if clinically indicated, even though a written notice of intention to terminate inpatient treatment has not been received. Reasons for the filing of such petition shall be limited to the following:
(1)The facility director, the center administrator, or attending psychiatrist has probable cause to believe that the patient meets the criteria in §27A-1-2; and
(2)The patient, including a person admitted upon exercise of a substituted informed consent by a guardian or a next of kin pursuant to §27A-8-1, is unwilling or unable to consent to treatment deemed necessary by the treating physician and there are no other appropriate treatments to which the patient is willing or able to consent; or
(3)The patient is unable or unwilling to affirm consent to continued admission as required in §27A-8-17.
Source:
SL 1987, ch 198, §12; SL 1991, ch 220, §60; SL 1992, ch 190, §4C.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness › Section 27A-8-14 - .Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards.

27A-8-14. Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards.
Upon voluntary admission, and at the end of the first six months of hospitalization, and annually thereafter, the patient shall be given a separate written notice of release procedures. In addition, a copy of the written notice shall be given to any one other person designated by the patient. The patient shall acknowledge deliverance of the notice in writing, or an affidavit that he was so informed shall be attached to his record. Every voluntary patient has the right to discharge upon request as provided in §27A-8-10. Detailed release procedures in simple and nontechnical language shall be permanently and prominently displayed in every psychiatric ward.
Source:
SL 1975, ch 181, §25; SDCL Supp, §27-4-13.1; SL 1991, ch 220, §63.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness › Section 27A-8-15 - .Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form.

27A-8-15. Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form.
Before an individual is accepted for voluntary inpatient treatment at an inpatient psychiatric facility, an explanation shall be made to him of the nature of such status, including the types of treatment available, and restraints or restrictions to which he may be subject including possible conversion to involuntary status as provided in this chapter together with a statement of his rights under this title.
An informed consent as defined in subdivision 27A-1-1(8) shall be obtained orally and in writing upon an application form which shall contain in bold print and simple language the substance of §§27A-8-10, 27A-8-11.2, 27A-8-14, and 27A-8-10.1. In addition, the application form shall include the following representations:
(1)The applicant understands that his treatment will involve inpatient status;
(2)He is willing to be admitted to the facility;
(3)He consents to such admission voluntarily, without any element of force, duress, threat, or other form of coercion.
The consent shall be part of the person's record. In addition, a copy of the signed application and a written statement of the patient's rights under this title shall be given to the patient and to any one other person designated by the patient.
Source:
SL 1991, ch 220, §64.