reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-15.2 - Filing written objection--Notice of right to counsel--Hearing--Possible discharge.

27A-15-15.2. Filing written objection--Notice of right to counsel--Hearing--Possible discharge.
If a written objection to continued inpatient treatment is executed pursuant to §27A-15-19, the administrator or facility director shall forthwith file the objection with the chair of the county board of mental illness for the county where the facility is located. In addition, the administrator or facility director shall immediately notify the minor both orally and in writing of the following:
(1)The right to immediately contact a person of the minor's choosing;
(2)The right to immediately contact and be represented by counsel;
(3)That the minor will be examined by a qualified mental health professional, designated by the chair of the county board, within twenty-four hours to determine whether inpatient treatment should continue; and
(4)The right, if inpatient treatment is continued, to an independent examination as accorded in §27A-11A-9 and to a hearing within five days of the execution of the written objection, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period.
The notice shall also be given forthwith to the chair of the county board.
Inpatient treatment of the minor may continue pending the hearing by the county board of mental illness. The facility may discharge the minor prior to the hearing upon a determination that the minor no longer meets the criteria in §27A-15-5. If the minor is discharged, the hearing need not be held.
Source:
SL 1992, ch 189, §20; SL 1997, ch 164, §5.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-15.3 - Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest.

27A-15-15.3. Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest.
If upon completion of the evaluation required in §27A-15-17.1, it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the minor and inform the minor of the date, time and place of the hearing. In no case shall the minor's attorney be a person who, in the previous two years, has advised or represented the person who admitted the minor or who would otherwise have a conflict of interest.
Source:
SL 1992, ch 189, §20A.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-15.4 - Time limit for hearing--Location--Expenses.

27A-15-15.4. Time limit for hearing--Location--Expenses.
Within five days after the execution of the written objection to continued inpatient treatment, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period, the minor shall be provided a hearing on the need for continued inpatient treatment at the facility. The hearing shall be held in the county where the facility is located before the board of mental illness serving that county. The county in which the hearing is held shall pay any expenses, including the transportation of the minor to the hearing, subject to reimbursement by the county ultimately proven to be the minor's county of residence. The provisions of chapter 28-14 do not apply to this section.
Source:
SL 1992, ch 189, §20B; SL 1997, ch 164, §6; SL 1999, ch 143, §10.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-15.5 - Finding of hearing as to minor's residence--Parent's residence--Reopening hearing.

27A-15-15.5. Finding of hearing as to minor's residence--Parent's residence--Reopening hearing.
A county board of mental illness holding a hearing pertaining to a minor's objection to admission to an inpatient psychiatric facility shall enter a finding regarding the minor's county of residence or a finding that the minor is not a resident of this state. A minor's county of residence shall be the same as his parent's county of residence. A determination of a parent's county of residence shall be based on the criteria of §28-13-3. If the minor's parents reside in different counties, the minor's county of residence shall be the same as the parent the minor most recently lived with.
A hearing may be reopened with respect to the board's determination of a minor's county of residence under the requirements of §27A-11A-14.
Additionally, the provisions of §§27A-11A-15 to 27A-11A-17, inclusive, apply to this section.
Source:
SL 1992, ch 189, §21.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-15.6 - Testimony of mental health professional--Alternatives to inpatient treatment.

27A-15-15.6. Testimony of mental health professional--Alternatives to inpatient treatment.
The board of mental illness conducting the hearing as provided in §27A-15-19 shall order testimony by a qualified mental health professional who shall assess the availability and appropriateness of treatment alternatives including programs other than inpatient treatment. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not considered appropriate. If the board determines that alternatives to inpatient treatment are appropriate, continued inpatient treatment may not be authorized.
Source:
SL 1992, ch 189, §21A.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-17.1 - Independent evaluation within twenty-four hours of objection.

27A-15-17.1. Independent evaluation within twenty-four hours of objection.
The chairman of the county board shall order an independent clinical evaluation of the minor, including a mental status examination, to be completed within twenty-four hours of the filing of the objection pursuant to §27A-15-19. Preceding the evaluation, the qualified mental health professional shall identify himself to the minor and explain the nature and purpose of the evaluation, including the fact that it is being performed to assist in the determination of whether inpatient treatment at the facility should continue and that the evaluation may be used as evidence in a hearing before the board of mental illness. The qualified mental health professional shall immediately report his findings to the chairman of the county board.
Source:
SL 1992, ch 189, §17A.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-18 - Discharge prior to hearing ordered by chairman of county board.

27A-15-18. Discharge prior to hearing ordered by chairman of county board.
If, at any time prior to the hearing required in §27A-15-19, the chairman of the county board determines that the criteria in §27A-15-5 are not met, he shall order the administrator or facility director to immediately discharge the minor to the custody of his parent and shall inform the minor's parent of the existence of the local interagency team serving the area where the inpatient facility is located and the interagency team serving the minor's area of residence if in South Dakota and different from the local interagency team. Additionally, the chairman of the board of mental illness shall inform the minor's parent that the purpose of interagency teams is to assist in identifying the least restrictive placements, programs, and services for minors with emotional disturbances and their families. If the minor's parent refuses to take physical custody of the minor, the chairman of the county board shall explain treatment options available to the parent and the child and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source:
SL 1991, ch 220, §308; SL 1992, ch 189, §18.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-19 - Hearing following objection--Time limit.

27A-15-19. Hearing following objection--Time limit.
Within five days after service of the objection, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that period, the minor shall be provided a hearing on the need for continued inpatient treatment at the facility. The hearing shall be held in the county where the facility is located before the board of mental illness serving that county. The county in which the hearing is held shall pay any expenses incurred by the board holding the hearing, subject to reimbursement by the county ultimately proven to be the county of residence.
Source:
SL 1991, ch 220, §309; SL 1997, ch 164, §7; SL 1999, ch 143, §11.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-20 - Overrule of minor's objection--Continued treatment or immediate discharge.

27A-15-20. Overrule of minor's objection--Continued treatment or immediate discharge.
Upon completion of the hearing provided in §27A-15-19, the board of mental illness may overrule the minor's objection and authorize continued inpatient treatment at the facility for the duration of the forty-five-day admission period as provided in §§27A-15-10 and 27A-15-24, if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that the criteria in §27A-15-5 are met. Upon such authorization, the board shall notify the minor and his parent of the right to appeal pursuant to §27A-11A-25.
If the above finding is not made, the board shall order that the minor be immediately discharged to the custody of his parent. If the board finds that any inpatient treatment of the minor is inappropriate under the criteria in §27A-15-5, such treatment may be authorized only through involuntary commitment procedures, as provided in this chapter. If the minor's parent refuses to take physical custody of the minor, the administrator or facility's director shall explain alternative treatment options available to the parents and the child and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source:
SL 1991, ch 220, §310; SL 1992, ch 189, §22.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-21 - Written comprehensive individualized treatment plan--Basis for plan.

27A-15-21. Written comprehensive individualized treatment plan--Basis for plan.
Within ten days after the admission of a minor by parent, guardian, or other legal custodian under this chapter, the administrator or facility director shall ensure that a written comprehensive individualized treatment plan has been developed and implemented for the minor by appropriate qualified mental health professionals including a psychiatrist, and has been explained to the minor and to the parent, guardian, or other legal custodian consenting to the admission.
The treatment plan shall be based on a diagnostic evaluation that includes examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation and reflects the need for inpatient treatment. The plan shall be designed to maximize each person's development and acquisition of perceptual skills, social skills, self-direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the minor lives and to achieve the minor's discharge from inpatient treatment at the earliest appropriate time. The plan shall include specific behavioral, emotional, and other treatment goals against which the success of treatment may be measured and shall prescribe an integrated program of therapies, experiences, and activities, including recreational and play opportunities in the open air, designed to meet the goals. No plan may consist solely of chemical therapy unless supported by sufficient psychiatric and medical opinion. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with the minor's ability to understand and participate, and the minor's family shall be involved to the maximum extent consistent with the minor's treatment needs. The plan shall include post-discharge plans for placement and aftercare as provided in §27A-15-27.
Source:
SL 1991, ch 220, §311; SL 2000, ch 129, §22.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-22 - Review of treatment plan.

27A-15-22. Review of treatment plan.
The minor's treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor's overall adjustment.
Source:
SL 1991, ch 220, §312.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-24 - Periodic evaluation.

27A-15-24. Periodic evaluation.
Within forty-five days after the admission of a minor by parent, guardian, or other legal custodian under this chapter and at least every forty-five days thereafter, a psychiatric evaluation of the minor shall be completed by a psychiatrist to assess the need for continued inpatient treatment. If the psychiatrist determines that the criteria in §27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of the minor's parent, guardian, or other legal custodian. The refusal of the parent, guardian, or other legal custodian to take physical custody of the minor is not sufficient reason for continued inpatient treatment. In the event of such refusal, the administrator or facility director shall explain alternative treatment options available to the parents, guardian, or other legal custodian and the minor and advise the parent, guardian, or other legal custodian that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
If the psychiatrist concludes that the criteria in §27A-15-5 continue to be met, the psychiatrist shall so state the reasons in written findings which, along with the clinical evaluation, shall become part of the minor's medical records. The administrator or facility director shall immediately inform the parent, guardian, or other legal custodian who consented to admission of the right to request an independent clinical evaluation.
The administrator or facility director shall also request of the parent, guardian, or other legal custodian an oral and written affirmation of informed consent to inpatient treatment of the minor. Affirmation of the notice to the parent, guardian, or other legal custodian and the parent's, guardian's, or other legal custodian's informed consent shall be in writing and be made part of the minor's medical records. A parent's, guardian's, or other legal custodian's failure to affirm informed consent constitutes notice of intention to terminate inpatient treatment as provided in § 27A-15-12.
Source:
SL 1991, ch 220, §314; SL 1992, ch 189, §23; SL 2000, ch 129, §23.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-25 - Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday.

27A-15-25. Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday.
Any minor admitted by a parent under this chapter while younger than sixteen years of age shall be informed orally and in writing by the administrator or facility director within five days prior to the minor's sixteenth birthday of his rights, including his right to refuse certain types of treatment as provided in §27A-15-48.
Any minor admitted by a parent under this chapter shall be informed orally and in writing by the administrator or facility director within five days prior to the minor's eighteenth birthday that continued inpatient treatment requires the minor's informed consent as provided in chapter 27A-8. In addition, the minor shall be given a written statement of his rights as an adult under this title.
Source:
SL 1991, ch 220, §315.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-26 - Discharge upon determination that criteria no longer being met.

27A-15-26. Discharge upon determination that criteria no longer being met.
If at any time the minor's attending psychiatrist or, if the attending psychiatrist is unavailable, the attending qualified mental health professional determines that the criteria in §27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of his parent. Parental refusal to take physical custody of the minor is not sufficient reason for continued inpatient treatment. In the event of such refusal, the administrator or facility director shall explain alternative treatment options available to the parents and the child and advise the parents that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source:
SL 1991, ch 220, §316.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-27 - Predischarge plan of aftercare.

27A-15-27. Predischarge plan of aftercare.
A predischarge plan of aftercare for a minor admitted to inpatient treatment under this chapter, by a parent, guardian, or other legal custodian shall be formulated in cooperation with the minor and the minor's family. The plan shall be explained to the minor and the parent, guardian, or other legal custodian who consented to admission, who shall be given a copy thereof. The plan shall:
(1)Specify the services required in the community to meet the minor's needs for treatment, education, housing, nutrition, physical care, and safety;
(2)Specify any income subsidies for which the minor is eligible; and
(3)Identify local and state agencies which can provide service and support to the minor.
The lack of such a plan is not sufficient reason for the continued inpatient treatment of a minor if discharge is otherwise appropriate or required under this title.
Source:
SL 1991, ch 220, §317; SL 2000, ch 129, §24.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-28 - Involuntary commitment.

27A-15-28. Involuntary commitment.
A minor may be subject to involuntary commitment utilizing the same procedures, criteria, and rights provided in chapter 27A-10, except as otherwise specifically provided by this chapter.
Source:
SL 1991, ch 220, §318.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-29 - Criteria governing involuntary commitment.

27A-15-29. Criteria governing involuntary commitment.
A minor is subject to involuntary commitment if:
(1)The minor is an individual with a serious emotional disturbance;
(2)The minor displays one or more of the conditions listed in subdivision 27A-15-5(2);
(3)As a result of being an individual with a serious emotional disturbance, the minor is a danger to self or others. This includes a determination regarding the ability of the minor to attend to basic human needs that is based upon the age of the minor and reasonable and appropriate expectation of the abilities of a minor of such age to attend to the needs;
(4)The minor needs and is likely to benefit from treatment; and
(5)Delinquent behavior alone does not constitute a serious emotional disturbance as defined in §27A-15-1.1.
Source:
SL 1991, ch 220, §319; SL 1992, ch 189, §36; SL 1994, ch 255, §4.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-30 - Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents.

27A-15-30. Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents.
If any minor is alleged to be an individual with a serious emotional disturbance and in such condition that immediate intervention is necessary for the protection from physical harm to himself or others, any person, eighteen years of age or older, may petition the chairman of the county board of mental illness where such minor is found, stating the factual basis for concluding that such minor is an individual with a serious emotional disturbance 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, on the basis of personal knowledge, that such minor is, as a result of a serious emotional disturbance, 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 minor to come to the petitioner's attention;
(5)The name, address, and signature of the petitioner and a statement of the petitioner's interest in the case; and
(6)The name of the minor to be evaluated and the address and age of the minor and the name and address of the minor's parents, guardian, or nearest relative.
Source:
SL 1991, ch 220, §320; SL 1993, ch 213, §127; SL 1994, ch 255, §5.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-31 - Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.

27A-15-31. Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.
After examination of a petition filed pursuant to §27A-15-30, the chair of the county board may order the apprehension and transportation of a minor who meets the criteria in §27A-15-30, for involuntary commitment to an appropriate regional facility other than the center. A jail may not be used for the custody of a minor. However, a juvenile detention facility may be used for pre-hearing custody if the availability of other appropriate regional facilities has been explored and exhausted. If an appropriate regional facility maintains a separate unit for minors, a minor may not be confined with adult detainees or patients. A minor may not be confined in an appropriate regional facility that does not maintain a separate unit for minors until the availability of other appropriate regional facilities maintaining a separate unit for minors has been explored and exhausted. If a minor must be placed in a facility that does not have a separate unit for minors, the minor shall be provided separate sleeping quarters and, to the maximum extent possible, separate day areas. Adequate supervision shall be provided. Effective January 1, 1993, appropriate regional facilities shall have a separate unit on which minors may be confined.
Source:
SL 1991, ch 220, §321; SL 1999, ch 139, §2.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-32 - Apprehension by police officer for emergency intervention--Jail not used for custody of minor.

27A-15-32. Apprehension by police officer for emergency intervention--Jail not used for custody of minor.
A peace officer may apprehend any minor that he has probable cause to believe requires emergency intervention under the criteria in §27A-15-30. The peace officer shall transport the minor to an appropriate regional facility other than the center. A jail may not be used for the custody of a minor. The restrictions and requirements regarding the confinement of a minor with adult detainees or patients in §27A-15-31, shall apply. All reasonable attempts shall be made to immediately notify the parent, guardian, or other legal custodian of the apprehension and transportation of the minor.
Source:
SL 1991, ch 220, §322.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-33 - Immediate notification of rights.

27A-15-33. Immediate notification of rights.
Immediately after the minor is taken into custody, he shall be notified both orally and in writing of his rights as set forth in §§27A-10-5, 27A-10-6, and 27A-10-8 and of his right to immediately contact his parent, guardian, legal custodian, or other persons of his choosing. The minor shall be evaluated as provided in §27A-10-6.
Source:
SL 1991, ch 220, §323.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-34 - Release if criteria not met--Transportation--Detention if criteria met.

27A-15-34. Release if criteria not met--Transportation--Detention if criteria met.
If the evaluation required in §27A-10-6 does not support a finding that the minor meets the criteria in §27A-15-29, the minor shall be released. Following such release, the referring county shall provide the minor with transportation to the minor's residence if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. If the chair of the county board finds that the evaluation required in §27A-10-6 and an investigation of the petition for emergency intervention supports a finding that the minor meets the criteria in §27A-15-29, the chair may order that the minor continue to be detained pending the hearing required in §27A-10-8.
Source:
SL 1991, ch 220, §324; SL 1994, ch 255, §6.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-35 - Appointment of counsel--Conflict of interest.

27A-15-35. Appointment of counsel--Conflict of interest.
If upon completion of the evaluation required in §27A-10-6, it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the minor. In no case shall the minor's attorney be a person who, in the previous two years, has advised or represented the person seeking commitment or who would otherwise have a conflict of interest.
Source:
SL 1991, ch 220, §325.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-36 - Procedure if hearing to be held--Alternative treatment.

27A-15-36. Procedure if hearing to be held--Alternative treatment.
If upon completion of the evaluation it is determined that a hearing will be held, the chairman of the board of mental illness which will be conducting the hearing as provided in §27A-10-8 shall order testimony by a qualified mental health professional who shall assess the availability and appropriateness of treatment alternatives including treatment programs other than inpatient treatment. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not considered appropriate. If the board determines that an alternative to inpatient treatment is appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in §27A-15-37.
Source:
SL 1991, ch 220, §326; SL 1992, ch 189, §24.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-37 - Completion of hearing--Board's determination--Commitment or release.

27A-15-37. Completion of hearing--Board's determination--Commitment or release.
Upon completion of the hearing provided in §27A-10-8, the board of mental illness may order the involuntary commitment of the minor for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law that:
(1)The minor meets the criteria in §27A-15-29;
(2)The minor needs and is likely to benefit from the treatment which is proposed; and
(3)The commitment is to the least restrictive treatment alternative.
If the above findings are not made, the board shall order that the minor be immediately released and the board chairman shall inform the minor's parent of the existence of an interagency team and that the purpose of an interagency team is to assist in identifying the least restrictive placements, programs, and services for a minor with an emotional disturbance and the minor's family. Upon such release, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the board chair shall advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source:
SL 1991, ch 220, §327; SL 1992, ch 189, §25; SL 1994, ch 255, §7.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-38 - Time limit to implement individualized treatment plan--Purpose of plan.

27A-15-38. Time limit to implement individualized treatment plan--Purpose of plan.
Within ten days after the involuntary commitment of a minor, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that a written comprehensive individualized treatment plan has been developed and implemented as provided in §27A-15-21, and has been explained to the minor and the minor's parent, guardian, or other legal custodian. If such a treatment plan has not been implemented within ten days, the minor shall be immediately released.
The treatment plan shall be based on a diagnostic evaluation that includes examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation and reflects the need for the involuntary treatment. The plan shall be designed to maximize the minor's development and acquisition of perceptual skills, social skills, self-direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the minor lives and to achieve the minor's discharge from involuntary commitment at the earliest appropriate time. The plan shall include specific behavioral, emotional, and other treatment goals against which the success of treatment may be measured and shall prescribe an integrated program of therapies, activities, and experiences designed to meet the goals. No plan may consist solely of chemical therapy unless supported by sufficient psychiatric and medical opinion. If commitment is to an inpatient psychiatric facility, the plan shall include recreational and play opportunities in the open air. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with the minor's ability to understand and participate, and the minor's family shall be involved to the maximum extent consistent with the minor's treatment needs. The plan shall include post-discharge plans for aftercare as provided in §27A-15-44.
Source:
SL 1991, ch 220, §328; SL 2000, ch 129, §25.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-39 - Educational programming for involuntarily committed minor.

27A-15-39. Educational programming for involuntarily committed minor.
The administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that the minor receives educational programming consistent with applicable federal and state law.
Source:
SL 1991, ch 220, §329.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-40 - Periodic review following involuntary commitment--Assessment--Right to refuse treatment.

27A-15-40. Periodic review following involuntary commitment--Assessment--Right to refuse treatment.
Within ten days after the involuntary commitment of a minor and at least every thirty days thereafter, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program, shall review the minor's records and assess the need for continued involuntary treatment. At each such time, the administrator or such director shall inform a minor who is sixteen years of age or older both orally and in writing of his right to refuse treatment as provided in §27A-15-48. If at any time the administrator or such director or the minor's attending qualified mental health professional determines that the minor no longer meets the criteria in §27A-15-29, the administrator or such director shall immediately release the minor to the care of the minor's parent, legal guardian, or other custodian. Upon discharge of the minor, the referring county shall provide the minor with transportation to the minor's residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. A refusal by the parent, guardian, or other legal custodian to take physical custody of the minor is not sufficient reason for continued commitment. In the event of such refusal, the administrator or such director shall explain alternative treatment options available to the parents and the child and advise the parents that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source:
SL 1991, ch 220, §330; SL 1993, ch 213, §128; SL 1994, ch 255, §8.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-41 - Review hearing--Notice--Rights and procedures.

27A-15-41. Review hearing--Notice--Rights and procedures.
Within forty-five days after the involuntary commitment of a minor who is still under the commitment order, the county board of mental illness which serves the county in which the minor is receiving treatment shall conduct a review hearing in such county to determine if the minor continues to meet the criteria in §27A-15-29. Notice of the review hearing shall be given to the minor, and his attorney if the minor has retained counsel, at least six days prior to the hearing. If the minor has not retained counsel at the time of the notice, the chairman of the county board shall immediately appoint counsel to represent the minor. In no case may the minor's attorney be a person who, in the previous two years, has advised or represented the facility or program to which the minor is committed or who would otherwise have a conflict of interest. At the time the notice of hearing is given, the minor and his attorney shall be informed of all evidence that will be considered at the review hearing. Any evidence subsequently discovered shall be immediately transmitted to the minor and his attorney. The rights and procedures applicable in relation to an initial commitment hearing shall be applicable in relation to the review hearing except that a petition need not be filed. The board of mental illness may order the continued involuntary commitment of the minor to the same or alternative placement or program for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that the criteria in §27A-15-37 are met. If the board orders the continued involuntary commitment of the minor, it shall immediately notify the minor and his attorney of his right to appeal as provided in §27A-11A-25. If continued involuntary commitment is ordered, a review hearing as provided in this section shall be conducted at least every forty-five days that the minor remains under commitment.
If the required findings are not made, the board shall order that the minor be immediately discharged from involuntary commitment. Upon such discharge, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the chairman of the board of mental illness shall explain and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source:
SL 1991, ch 220, §331.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-42 - Additional review hearings--Rights, procedures, and findings.

27A-15-42. Additional review hearings--Rights, procedures, and findings.
Notwithstanding the provisions of §§27A-15-37 and 27A-15-41, if the board of mental illness orders an initial commitment or a continued commitment, it may also schedule at the time of such initial commitment hearing or at the time of such review hearing and without further notice, a review hearing in addition to the statutory review hearings provided in §27A-15-41, to determine whether the minor continues to meet the criteria in §27A-15-37. The rights, procedures, and findings required in §27A-15-41 shall apply to such additional review hearing. No temporary periods of involuntary commitment may be authorized.
Source:
SL 1991, ch 220, §332.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-43 - Review of treatment plan.

27A-15-43. Review of treatment plan.
The minor's treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor's overall adjustment.
Source:
SL 1991, ch 220, §333.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-44 - Predischarge plan of aftercare for involuntarily committed minor.

27A-15-44. Predischarge plan of aftercare for involuntarily committed minor.
A predischarge plan of aftercare for a planned discharge of an involuntarily committed minor shall be formulated in cooperation with the minor and the minor's parent, guardian, or other legal custodian. A copy of the plan shall be delivered to the parent, guardian, or other legal custodian. The plan shall:
(1)Specify the services required in the community to meet the minor's needs for treatment, education, housing, nutrition, physical care, and safety;
(2)Specify any income subsidies for which the minor is eligible; and
(3)Identify local and state agencies which can provide services and support to the minor.
The lack of such a plan is not sufficient reason for the continued commitment of a minor when release is otherwise appropriate or required under this title.
Source:
SL 1991, ch 220, §334; SL 1992, ch 189, §26; SL 2000, ch 129, §26.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-45 - Experimental treatments prohibited--Petition for authorization under certain circumstances.

27A-15-45. Experimental treatments prohibited--Petition for authorization under certain circumstances.
Except as otherwise provided herein, no minor may be administered or subjected to experimental procedures or interventions of any type. A parent's, guardian's, custodian's, or minor's consent alone may not authorize such experimental procedures, interventions, or treatments. If the minor's treating psychiatrist determines, in writing, that any experimental treatments are necessary and the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the administrator or facility director shall immediately petition the circuit court pursuant to §27A-15-49 for authorization to institute such treatment upon the following conditions being met:
(1)The treating psychiatrist's opinion is concurred in by a consulting psychiatrist or, if a consulting psychiatrist is not available, a consulting physician; and
(2)The oral and written informed consent of the parent, or guardian and minor if over sixteen, are obtained.
The parent's or guardian's and minor's informed consent, the treating psychiatrist's determination, and the consulting psychiatrist's or physician's concurrence shall become a part of the minor's medical records.
Source:
SL 1991, ch 220, §335; SL 2013, ch 122, §8.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-46 - Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.

27A-15-46. Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.
Except as otherwise provided by this title, psychotropic medication and other forms of treatment may be administered to a minor under the age of sixteen only with the oral and written informed consent of the minor's parent or guardian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose. Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for the improvement of the minor's serious emotional disturbance. The parent's or guardian's informed consent and the treating psychiatrist's determination shall become part of the minor's medical records.
Source:
SL 1991, ch 220, §336; SL 1992, ch 189, §27; SL 1995, ch 164, §1; SL 2013, ch 122, §9.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-47 - Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.

27A-15-47. Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.
Except as otherwise provided by this title, psychotropic medication and other treatment may be administered to a minor sixteen years of age or older only with the oral and written informed consent of the minor and the minor's parent, legal guardian, or custodian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose.
Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance. The informed consent of the minor and the minor's parent, legal guardian, or custodian and the treating psychiatrist's determination shall become part of the minor's medical records. The failure to obtain the informed consent of the minor shall be treated as a refusal of treatment pursuant to §27A-15-48.
Source:
SL 1991, ch 220, §337; SL 1992, ch 189, §28; SL 1993, ch 213, §129; SL 1995, ch 164, §2; SL 2013, ch 122, §10.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-48 - Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination.

27A-15-48. Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination.
A minor sixteen years of age or older, whether involuntarily committed or admitted by a parent, has the right to refuse psychotropic medication. Such minor also has the right to refuse convulsive or shock therapy or electric shock. If psychotropic medication or convulsive or shock therapy or electric shock is prescribed by the minor's treating psychiatrist upon that treating psychiatrist's written determination that the treatment is the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, which opinion is concurred in by a consulting physician, the treatment may be administered with the informed consent of the minor's parent, guardian, or other legal custodian pending the judicial determination required in §27A-15-50. Documentation of the minor's refusal, and the treating psychiatrist's written determination and the consulting physician's concurrence shall be made part of the minor's medical records.
Source:
SL 1991, ch 220, §338; SL 2013, ch 122, §11.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-49 - Petition to continue treatment with psychotropic medication.

27A-15-49. Petition to continue treatment with psychotropic medication.
If a minor sixteen years of age or older refuses the administration of psychotropic medication and the medication is administered pursuant to §27A-15-48, the administrator or facility director or, if the minor is committed to a program other than inpatient treatment, the director of such program, shall immediately petition the circuit court for authorization to continue such treatment. The provisions of §§27A-12-3.14 and 27A-12-3.17 to 27A-12-3.19, inclusive, shall apply.
Source:
SL 1991, ch 220, §339.