reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-10 - Determination by secretary of amount to be charged--Appeal and hearing.

27A-13-10. Determination by secretary of amount to be charged--Appeal and hearing.
Upon receipt of all information desired by the secretary of social services, the secretary shall determine, based upon the financial ability of the patient or responsible person, whether the patient or responsible person shall be charged with the full amount provided in §27A-13-7 or a lesser amount. If a patient, responsible person, or the county of residence, disagrees with the determination of the secretary, an appeal may be filed within thirty days of receipt of notification by such patient, responsible relative, or county of residence of such determination, for a hearing with the secretary. However, such appeal may not be filed more than once each six months.
Source:
SL 1964, ch 104, §4 (3); SDCL §27-9-7; SL 1975, ch 181, §121; SL 1989, ch 21, §100; SL 1991, ch 220, §260; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-11 - Review and change of amounts to be charged.

27A-13-11. Review and change of amounts to be charged.
The secretary of social services may, at any time, review and change any determination for applicable charges.
Source:
SL 1964, ch 104, §4 (4); SDCL §27-9-8; SL 1989, ch 21, §101; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-12 - Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments.

27A-13-12. Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments.
No person is liable for the cost of the care, support, maintenance, and treatment of any patient except as provided in this title, but the amounts determined to be due under this title and unpaid at the time of the death of a patient or responsible person shall constitute a claim against the estate of such patient or legally responsible person. The Department of Social Services may accept voluntary payments on behalf of any patient from any person who is not liable for payments under this title.
Source:
SL 1975, ch 181, §116; SDCL Supp, §27-9-8.1; SL 1989, ch 21, §102; SL 1991, ch 220, §261; SL 1992, ch 189, §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 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-13 - Civil suit for collection of payments--Lien on property--Claim against decedent's estate.

27A-13-13. Civil suit for collection of payments--Lien on property--Claim against decedent's estate.
If a patient liable for payments due under §§27A-13-4 to 27A-13-12, inclusive, refuses or fails to make such payments, the charges are collectible by a civil suit brought in the name of the State of South Dakota. The State of South Dakota may sue such patient for such payments due, and any judgment obtained is a lien upon the real property of such person, and shall be collected as other judgments. Any claim arising under said sections has the same force and effect against the real and personal property of a deceased person as other debts of a decedent, and shall be ascertained and recovered in the same manner. The Department of Social Services may promulgate rules pursuant to chapter 1-26 regarding payments for involuntary care.
Source:
SL 1964, ch 104, §5; SDCL §27-9-12; SL 1974, ch 185, §2; SL 1991, ch 220, §262; SL 1992, ch 189, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-14 - Collection of delinquent accounts--Credit to general fund.

27A-13-14. Collection of delinquent accounts--Credit to general fund.
If any account has been delinquent for six months or more, the Department of Social Services shall notify the attorney general which shall be responsible for collecting the delinquent moneys by any legal means available.
All amounts collected shall be deposited to the credit of the general fund.
Source:
SDCL §27-9-12 as added by SL 1974, ch 185, §2; repealed SL 1975, ch 42, §4; re-enacted SL 1975, ch 181, §124; SDCL Supp, §27-9-12.1; SL 1989, ch 21, §103; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-15 - County appropriation for support of mentally ill.

27A-13-15. County appropriation for support of mentally ill.
The board of county commissioners shall annually appropriate a sum sufficient to pay for the support of its mentally ill.
Source:
SDC 1939, §30.0214; SDCL, §27-9-25; SL 1985, ch 77, §34.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-16 - Admission fee to be paid by county of residence--Amount.

27A-13-16. Admission fee to be paid by county of residence--Amount.
Effective July 1, 2010, the county of residence shall pay an admission fee of six hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days.
Source:
SL 1964, ch 104, §4 (5); SDCL §27-9-9; SL 1974, ch 186, §2; SL 1975, ch 181, §122; SL 1981, ch 205, §4; SL 1991, ch 220, §263; SL 2006, ch 148, §1; SL 2010, ch 143, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-17 - Procedure for determining county of residency.

27A-13-17. Procedure for determining county of residency.
Sections 27A-13-18 to 27A-13-20, inclusive, shall determine patient eligibility for contributions by the county of residency under §27A-13-16, except that time spent in a state institution shall not be counted in determining the matter of residency.
Source:
SL 1964, ch 104, §4 (6); SDCL, §27-9-10; SL 1975, ch 181, §123; SL 1976, ch 173, §29.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-18 - County claim that patient is improperly charged to county--Investigation and determination by attorney general--Notice to state and county officers.

27A-13-18. County claim that patient is improperly charged to county--Investigation and determination by attorney general--Notice to state and county officers.
If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of residence in the manner provided in this title, the state's attorney or county commissioners of the county may notify the attorney general that the patient is a proper charge against another county. Upon receipt of such notice, the attorney general shall notify the clerk of courts of the committing county to file, within thirty days from the date of such notification, a summary of the proofs upon which such findings are based and the record of any initial or reopened commitment hearing on the patient. The attorney general shall determine from review of such records, which county should be charged. The attorney general shall notify the county auditor of the contesting county, the auditor of the county of residence, and the clerk of courts of the committing county and the administrator of the Human Services Center of his determination. Thereafter the administrator shall charge for treatment according to the determination of the attorney general.
Source:
SDC 1939, §30.0215; SL 1939, ch 117; SDCL, §27-9-22; SL 1984, ch 12, §34; SL 1984, ch 30, §28; SL 1986, ch 227, §8; SL 1991, ch 220, §264.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-18.1 - Appeal of residence determination to circuit court by county--Notice to attorney general--Trial de novo.

27A-13-18.1. Appeal of residence determination to circuit court by county--Notice to attorney general--Trial de novo.
If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of residence in the manner provided in this title, and the state's attorney or county commissioners of the county claim that the patient is not a proper charge against the county and that the patient is a proper charge against the state at large because the patient is not a resident of the state, that county may appeal the committing board's determination of the patient's residence to the circuit court. Notice of such appeal shall be served upon the attorney general within thirty days from the date of the finding of residence by the committing board of mental illness. Upon the filing of such an appeal, the circuit court shall conduct a trial de novo and determine, by a preponderance of evidence, the residence of such patient and thereupon determine whether he is a proper charge against the county or the state at large. Such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.
Source:
SL 1986, ch 227, §9; SL 1991, ch 220, §265.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-18.2 - Appeal of residence determination to circuit court by attorney general--Service and filing of notice--Trial de novo.

27A-13-18.2. Appeal of residence determination to circuit court by attorney general--Service and filing of notice--Trial de novo.
If the administrator of the Human Services Center has treated a patient determined by the committing board of mental illness to be a proper charge against the state at large because the patient is not a resident of the state and the attorney general has appeared before the committing board to contest its determination of residence in the manner provided in this title, the attorney general may appeal the committing board's determination to the circuit court by serving a notice of appeal upon one of the members of the board of county commissioners of any county adversely interested and by filing such notice with the clerk of courts within thirty days from the date of the finding of residence by the committing board of mental illness. Upon such filing, the circuit court shall conduct a trial de novo and determine, by a preponderance of evidence, the residence of such patient and determine whether he is a proper charge against a county or the state at large. Such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.
Source:
SL 1986, ch 227, §10; SL 1991, ch 220, §266.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-19 - Charges to state for patient determined to be nonresident.

27A-13-19. Charges to state for patient determined to be nonresident.
If the attorney general shall find that such patient is not a proper charge against any county in the state, such patient shall thereafter be regarded as a proper charge against the state at large until returned to the state of his residence.
Source:
SDC 1939, §30.0215; SL 1939, ch 117; SDCL, §27-9-23.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-19.1 - Voluntary admission of non-resident--Waiver of fee.

27A-13-19.1. Voluntary admission of non-resident--Waiver of fee.
If a person who is not a resident of South Dakota presents himself for voluntary admission at the South Dakota Human Services Center, the person may be admitted for psychiatric treatment and the admission fee or amount charged against the counties to be tendered to the administrator as specified in §27A-13-5 shall be waived, if:
(1)The admitting physician determines that the person either is a danger to himself or others or requires immediate inpatient psychiatric treatment;
(2)It is determined that the person is unable to provide payment of the mandatory admission fee; and
(3)No other alternative source of funding can be found.
Source:
SL 1987, ch 198, §22.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-20 - Appeal to circuit court from attorney general's determination as to residence of patient.

27A-13-20. Appeal to circuit court from attorney general's determination as to residence of patient.
If any county is dissatisfied with the determination of residence entered by the attorney general, such county may appeal to the circuit court, by filing and serving a notice of appeal upon the attorney general and upon one of the members of the board of county commissioners of the county adversely interested, within thirty days from the date of such determination, and thereupon the circuit court shall conduct a trial de novo and, by a preponderance of evidence, determine the residence of such patient and determine against what county he is a proper charge, and such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.
Source:
SDC 1939, §30.0215; SL 1939, ch 117; SDCL, §27-9-24; SL 1986, ch 227, §11.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-21 - Administrator to charge expenses to county of residence despite commitment from another county.

27A-13-21. Administrator to charge expenses to county of residence despite commitment from another county.
If the administrator of the Human Services Center has been advised by a county board of mental illness, the attorney general pursuant to §27A-13-18, or by a circuit court, that a patient sent to the center from one county has a residency in another county, he shall thereafter hold and keep such patient as from the latter county, and such holding shall apply to expenses already incurred in behalf of such patient and remaining unadjusted.
Source:
SDC 1939, §30.0213; SDCL, §27-9-21; SL 1976, ch 173, §32; SL 1986, ch 227, §12.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-22 - Expenses paid by county reimbursed by county of residence.

27A-13-22. Expenses paid by county reimbursed by county of residence.
Expenses incurred by one county, on account of a mentally ill person whose residence is in another county, shall be refunded with lawful interest thereon by the county of residence. The expenses and interest shall be presented to the board of commissioners of the county of residence and shall be allowed and paid the same as other claims. Expenses incurred by one county on account of a mentally ill person whose residence is not in this state shall be refunded with lawful interest thereon by the state and shall be presented to the state auditor and allowed and paid the same as other claims.
Source:
SDC 1939, §30.0213; SDCL, §27-9-20; SL 1976, ch 173, §31; SL 1986, ch 227, §13.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-22.1 - Refund with interest by county of residence of expenses incurred by attorney general.

27A-13-22.1. Refund with interest by county of residence of expenses incurred by attorney general.
Expenses incurred by the attorney general on account of a mentally ill person whose residence is in a county of the state shall be refunded with lawful interest thereon by the county of residence.
Source:
SL 1986, ch 227, §14.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-25 - Administrator's report to county of patients discharged--Notice to county auditor.

27A-13-25. Administrator's report to county of patients discharged--Notice to county auditor.
The administrator of the Human Services Center shall furnish at once to the chairman of the county board of mental illness of the county wherein the residence is found to be, the name of each patient under involuntary commitment that is discharged. The county auditor wherein the residence is found to be shall be notified at once of all patients on county billings who are discharged, who are on unauthorized leave, or who have died.
Source:
SDC 1939, §30.0214; SDCL, §27-9-19; SL 1976, ch 173, §30; SL 1987, ch 198, §23.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-26 - Monthly certification of charges to counties--Payment--Deposit.

27A-13-26. Monthly certification of charges to counties--Payment--Deposit.
All charges to counties under §§27A-13-16 to 27A-13-21, inclusive, shall be certified each month by the secretary of social services, or his designee, to the county auditor. The certification shall include a listing of charges by patient name. The certification shall be sent to county auditors no later than the fifth day of the month. Upon receiving the certification, the county shall pay the amount due to the state remittance center within the time period established by chapter 4-3. Such moneys shall be deposited to the state general fund.
Source:
SL 1964, ch 104, §6; SL 1965, ch 148; SDCL §27-9-15; SL 1975, ch 181, §126; SL 1980, ch 10, §8; SL 1984, ch 30, §30; SL 1989, ch 21, §104; SL 1991, ch 220, §268; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-27 - Uniform system of accounts continued.

27A-13-27. Uniform system of accounts continued.
The uniform system of keeping accounts between the county and its mentally ill patients and between the county and the state shall be continued as the official uniform system of keeping such accounts throughout the state.
Source:
SDC 1939, §30.0122; SDCL, §27-9-27; SL 1975, ch 181, §128.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-28 - Accounts maintained in accordance with system--Records maintained by county auditor.

27A-13-28. Accounts maintained in accordance with system--Records maintained by county auditor.
It shall be the duty of the county auditor of each county to keep such accounts in accordance with said uniform system and to assemble and record all the information necessary to provide an accurate and complete record of all transactions, charges, disbursements, debits, and credits involved in such account including a statement of the account of each patient and anyone liable to the county for his or her support. The auditor shall also keep a duplicate of any such statement or information in regard to any mentally ill patient to be transmitted to the administrator of the human services center.
Source:
SDC 1939, §30.0122; SDCL, §27-9-28.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-31 - Action by county for reimbursement--Lien on property.

27A-13-31. Action by county for reimbursement--Lien on property.
Payment by the county of residence pursuant to §27A-13-10 is collectible by a civil suit brought in the name of the individual county and any judgment obtained is a lien upon the real property of the patient or responsible person and may be collected as other liens.
Source:
SDCL, §27-9-9 as added by SL 1975, ch 181, §122; SL 1976, ch 173, §28; SDCL Supp, §27-9-9.1; SL 1991, ch 220, §271.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-32 - Notice by county auditor and collection of charges from persons responsible--Notice of appeal procedure.

27A-13-32. Notice by county auditor and collection of charges from persons responsible--Notice of appeal procedure.
The county auditor shall, upon receipt of a statement from the administrator of the Human Services Center requiring payment for the care of voluntary patients therein, enter the proper charge against the respective patients and notify those legally bound for the support of such patients, requiring them to pay the same, which payment shall be made to the county treasurer of the county in which such charge has been made and when such payment is made a receipt therefor in triplicate shall be issued and one copy of such receipt shall be filed with the county auditor, who shall give proper credit for the same.
The notification by the county auditor to those legally bound for the support of such patients shall also include a summary of the procedure to appeal the amount they are charged as provided in §27A-13-10.
Source:
SDC 1939, §30.0122; SDCL, §27-9-31; SL 1975, ch 181, §129; SL 1991, ch 220, §272.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-33 - Accrual of state or county claim--Commencement during life of patient--Past claims.

27A-13-33. Accrual of state or county claim--Commencement during life of patient--Past claims.
The statute of limitations upon any claim of the county or state for expense of care of the mentally ill as provided herein may not commence to run until the death of the mentally ill patient, but action may be begun at any time during the life of the mentally ill person. This chapter does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before July 1, 1975.
Source:
SDC 1939, §30.0120; SL 1951, ch 155; SL 1961, ch 154; SL 1964, ch 104, §14; SDCL, §§27-9-13, 27-9-16; SL 1975, ch 181, §§125, 127; SL 1991, ch 220, §273.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 13 - Costs Of Care And Treatment In State Facilities › Section 27A-13-34 - Disposition of amounts collected from patient or responsible person.

27A-13-34. Disposition of amounts collected from patient or responsible person.
All payments made for the treatment and maintenance of patients in accordance with this chapter shall be deposited to the credit of the general fund.
Source:
SL 1964, ch 104, §7; SDCL, §27-9-14; SL 1974, ch 186, §3.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-1 - Discretionary discharge of voluntary patient.

27A-14-1. Discretionary discharge of voluntary patient.
The administrator or facility director may at any time discharge a voluntary patient whom the administrator or facility director deems suitable for discharge.
Source:
SL 1975, ch 181, §130; SDCL Supp, §27-10-2.1; SL 1991, ch 220, §275.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-1.1 - Notification to guardian that inpatient treatment no longer required.

27A-14-1.1. Notification to guardian that inpatient treatment no longer required.
If the administrator or facility director or attending psychiatrist has determined that a person under a guardianship has received maximum benefits of inpatient treatment and no longer requires such treatment, and is eligible and has been accepted for placement or treatment in a community setting, the guardian shall be so notified. The guardian shall remove the person within three days upon such notification. If the guardian fails to remove the person, the administrator shall notify the court where the guardianship proceedings were held for further disposition.
Source:
SL 1991, ch 220, §286.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-1.2 - Release by Human Services Center administrator prior to hearing--Transportation.

27A-14-1.2. Release by Human Services Center administrator prior to hearing--Transportation.
If, prior to the hearing required in §27A-10-8, the administrator of the South Dakota Human Services Center determines that the person no longer meets the commitment criteria, that person shall be released and his record sealed in accordance with the provisions of state law. Following such release, the referring county shall provide the person with transportation to the county where he was taken into custody if the person so chooses.
Source:
SL 1991, ch 220, §287.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-1.3 - Release by facility director--Notification to board chairman.

27A-14-1.3. Release by facility director--Notification to board chairman.
If, prior to the hearing required in §27A-10-8, the director of the facility where the person is detained determines that the person no longer meets the commitment criteria, the director shall so notify the county board chairman. If the chairman agrees, the person shall be released and his record sealed in accordance with the provisions of state law. Following such release, the referring county shall provide the person with transportation to the county where he was taken into custody if the person so chooses.
Source:
SL 1991, ch 220, §288.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-1.4 - Leave status--Limit--Reviews and hearings.

27A-14-1.4. Leave status--Limit--Reviews and hearings.
A patient, upon approval of the administrator or facility director, may be placed on a leave status from the center or facility. The patient's legal admission status at the center or facility shall remain in effect. Leave may not be longer than thirty days and may not extend beyond the duration of any involuntary commitment under which the patient was admitted. While on leave, an involuntarily committed patient shall receive all the reviews and hearings as mandated by this title or be discharged.
Source:
SL 1991, ch 220, §289.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-2 - Discharge of involuntary patient on changed behavior.

27A-14-2. Discharge of involuntary patient on changed behavior.
A patient involuntarily committed shall be discharged when, in the opinion of the administrator, or facility director, or if the person is not committed to an inpatient psychiatric facility, the director of the program, the patient no longer meets the commitment criteria.
Source:
SL 1975, ch 181, §131; SDCL Supp, §27-10-2.2; SL 1991, ch 220, §276.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-3 - Notice to county board of discharge of involuntary patient--Transportation to home.

27A-14-3. Notice to county board of discharge of involuntary patient--Transportation to home.
If a patient is discharged in accordance with §27A-14-2, the county board of mental illness which entered the order for treatment shall be notified. Within forty-eight hours of discharge notification, the county board of mental illness shall provide the patient's transportation to his place of residence if the patient so chooses.
Source:
SDC 1939, §30.0220; SL 1964, ch 104, §12; SDCL, §27-10-8; SL 1975, ch 181, §132; SL 1987, ch 198, §25; SL 1991, ch 220, §277.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-4 - Notice to county board of provisional discharge--Maximum duration.

27A-14-4. Notice to county board of provisional discharge--Maximum duration.
If the patient is provisionally discharged, the administrator shall notify the county board of the discharge and the provisions of the discharge. Provisional discharges shall in no instance extend beyond the duration of the original commitment.
Source:
SL 1975, ch 181, §133; SDCL Supp, §27-10-8.1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-5 - County liability for costs on failure to remove discharged patient on notice--Report and collection of delinquencies.

27A-14-5. County liability for costs on failure to remove discharged patient on notice--Report and collection of delinquencies.
If the county board fails or neglects to take and remove such patient so discharged, as provided in §27A-14-3, within forty-eight hours from the date of the order discharging him and of the notice of the order, the responsible county is liable for and shall pay to the state full service cost as such term is defined in §27A-13-2 for the care and keeping of such patient at the center or facility, the time of such keeping to be computed and commence forty-eight hours after the date of such order and notice.
The administrator or other director shall report any such delinquencies, and the time any patient is so kept beyond such time aforesaid, giving his name, the county where he belongs, and the amount due from such county for such charge, to the state auditor who shall notify the county auditor of the county to be charged, and the same shall be paid into the state treasury as other charges for the support of the mentally ill.
Source:
SDC 1939, §30.0220; SL 1964, ch 104, §12; SDCL, §27-10-9; SL 1975, ch 181, §138; SL 1991, ch 220, §278.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 14 - Discharge Of Patients › Section 27A-14-14 - Public assistance to discharged or released patient.

27A-14-14. Public assistance to discharged or released patient.
The secretary of social services shall provide by rules, promulgated pursuant to chapter 1-26, methods whereby a patient shall be assisted in qualifying for all available public assistance benefits provided by the state or federal law.
Source:
SL 1975, ch 181, §24; SDCL Supp, §27-4-26.3; SL 1989, ch 21, §107; SL 1991, ch 220, §283.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-1 - Definition of terms.

27A-15-1. Definition of terms.
Terms used in this chapter mean:
(1)"Clinical evaluation," an evaluation of the minor to determine the appropriateness of admission to an inpatient psychiatric facility or continued inpatient treatment. The evaluation shall include a personal interview with the minor and parent, guardian, or other legal custodian, an examination of all relevant available records, a mental status examination of the minor, relevant social history information, and an examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation, including a full probe of the minor's background utilizing all relevant educational, treatment, and other public and private service provider sources;
(2)"Independent clinical evaluation," a clinical evaluation of the minor performed by a qualified mental health professional who:
(a)Is not currently involved in the diagnosis, treatment, or provision of services to the minor;
(b)Is not an employee of the facility to which admission of the minor is sought or to which the minor has been admitted; and
(c)Will not receive monetary benefit by the minor's admission to or continued stay in an inpatient psychiatric facility;
(3)"Minor," a person under eighteen years of age except that for purposes of this title, the term does not include a person who is emancipated under Title 26 or who is married. Any person not included within this definition of minor shall come under this title's provisions which apply to adults;
(4)"Parent," a biological or adoptive parent who has legal custody of the minor, including either parent if the parents have joint legal custody;
(5)"Psychiatric evaluation," an examination conducted by a psychiatrist which includes the history of present illness, past history of medical and psychiatric illness, pertinent psychosocial history, and a mental status examination that enables the formulation of a diagnostic summary.
Source:
SL 1991, ch 220, §291; SL 1994, ch 255, §1; SL 2000, ch 129, §18.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-1.1 - Serious emotional disturbance defined.

27A-15-1.1. Serious emotional disturbance defined.
For the purposes of this chapter, an individual with a serious emotional disturbance is an individual who:
(1)Is under eighteen years of age;
(2)Exhibits behavior resulting in functional impairment which substantially interferes with, or limits the individual's role or functioning in the community, school, family, or peer group;
(3)Has a mental disorder diagnosed under the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, 2013, or coding found in the International Classification of Diseases, 10th revision, Clinical Modification, 2015;
(4)Has demonstrated a need for one or more special care services, in addition to mental health services; and
(5)Has problems with a demonstrated or expected longevity of at least one year or has an impairment of short duration and high severity.
For purposes of this section, intellectual disability, epilepsy, other developmental disability, alcohol or substance abuse, brief period of intoxication, or criminal or delinquent behavior do not, alone, constitute a serious emotional disturbance.
Source:
SL 1994, ch 255, §2; SL 2000, ch 129, §19; SL 2013, ch 125, §7; SL 2016, ch 15, §9; SL 2017, ch 120, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-3 - Separation of minors from adult patients--Exception.

27A-15-3. Separation of minors from adult patients--Exception.
Except as otherwise provided in this section, a minor, whether admitted by a parent or involuntarily committed, may not be placed with adult patients, if the inpatient psychiatric facility maintains a separate unit for minors.
A minor may be admitted or committed to a facility that does not maintain a separate unit for minors, only for acute treatment and evaluation and only for a period not to exceed seven working days. The facility shall provide separate sleeping quarters and separate day areas in which adult patients are not permitted.
A patient who does not meet the definition of a minor, as set forth in §27A-15-1, but is less than nineteen years of age, may be placed in a separate unit with minors if the patient:
(1)Is enrolled in a high school or pursuing high school equivalency; and
(2)Consents to the placement.
The facility shall provide a separate evaluation program for which specific guidelines must be approved by the Department of Health.
Source: SL 1991, ch 220, §293; SL 1992, ch 194; SL 2022, ch 86, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-4 - Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional.

27A-15-4. Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional.
Application for admission of a minor to an inpatient psychiatric facility may be made by a guardian or legal custodian of the person of the minor upon the recommendation for such application by a qualified mental health professional. The provisions of this chapter, including §27A-15-5, apply to the admission of the minor. The rights and obligations specified for the parent and the minor in this chapter shall be equally applicable to and enforceable by or against the guardian and the minor. Emergency admission of the minor shall be governed by the provisions for involuntary commitment as set forth in this chapter and in this title. Nothing in this section precludes the secretary of the Department of Corrections or the court from placing a child in an inpatient psychiatric facility upon the recommendation of a qualified mental health professional if it is determined the minor meets the applicable criteria.
Source:
SL 1991, ch 220, §294; SL 1992, ch 195, §1.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-5 - Criteria for admission of minor.

27A-15-5. Criteria for admission of minor.
Subject to the provisions of this chapter, a minor may be immediately admitted to an inpatient psychiatric facility by the minor's parent, or such parent-initiated continued inpatient treatment continued if the following criteria are met:
(1)The minor is an individual with a serious emotional disturbance as defined in §27A-15-1.1;
(2)The minor displays one or more of the following conditions:
(a)Exhibits seriously impaired contact with reality and severely impaired social, academic, and self-care functioning, whose thinking is frequently confused, whose behavior may be grossly inappropriate and bizarre, and whose emotional reactions are frequently inappropriate at the situation;
(b)Manifests long-term behavior problems or suicidal behavior; or
(c)Suffers from severe anxiety, depression, irrational fears and concerns whose symptoms may be exhibited as serious eating and sleeping disturbances, extreme sadness of suicidal proportion, maladaptive dependence on parents, or avoidance of nonfamilial social contact;
(3)The minor needs and is likely to benefit from inpatient treatment at the facility;
(4)The facility has determined that:
(a)Reasonable efforts have been made to provide for the mental health treatment needs of the minor through the provision of less restrictive treatment alternatives to inpatient treatment;
(b)Such alternatives have failed to meet the treatment needs of the minor; or
(c)The condition of the minor is such that less restrictive treatment alternatives are unlikely to meet the mental health treatment or diagnostic needs of the minor; and
(5)The parent has exercised an informed consent to inpatient treatment of the minor.
Source:
SL 1991, ch 220, §295; SL 1994, ch 255, §3.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-8 - Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.

27A-15-8. Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.
The parent, guardian, or other legal custodian of the minor may execute a written application for the minor's admission. The execution of an application for admission shall be preceded by an explanation by the administrator or facility director to the parent, guardian, or other legal custodian and minor of the nature of inpatient status, including the types of treatment available, the restraints and restrictions to which the minor may be subject, a statement of the parent's, guardian's, or other legal custodian's rights and minor's rights under this title, including the minor's right to object to admission, and the right to view and copy records, under this title. Nothing in this chapter precludes the administrator or facility director or attending psychiatrist from arranging for and referring the parent, guardian, or other legal custodian and minor to the mental health center designated as the service center for the area in which the inpatient psychiatric facility is located for an independent clinical evaluation.
Source:
SL 1991, ch 220, §298; SL 1992, ch 189, §11; SL 2000, ch 129, §20.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-9 - Informed consent--Oral and written--Copy to parent and minor.

27A-15-9. Informed consent--Oral and written--Copy to parent and minor.
An informed consent, as defined in subdivision 27A-1-1(12), to inpatient treatment of the minor shall be obtained orally, and in writing upon the application form from the parent. The consent and signed application shall become part of the minor's medical records. In addition, a copy of the signed application and a written statement of the parent's and minor's rights under this title shall be given to the parent and to the minor.
Source:
SL 1991, ch 220, §299; SL 1992, ch 189, §12.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-10 - Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.

27A-15-10. Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.
After application for admission, the administrator or facility director may immediately admit the minor upon a determination that the criteria in §27A-15-5 are met. Upon admission, each minor shall have a psychiatric evaluation within forty-eight hours excluding Saturday, Sunday, and holidays and the administrator or facility director shall promptly request all relevant information and records of treatment, education, and other services provided to the minor and arrange for a clinical evaluation of the minor to be conducted within twenty-four hours. If information is not immediately available to complete a clinical evaluation, admission and treatment may be authorized in accordance with the provisions of this chapter by a physician pending the completion of a clinical evaluation within seven days. The parent, guardian, or other legal custodian, all public agencies and all providers of relevant services to the minor shall cooperate with the administrator or facility director and shall promptly deliver information and records upon request and without charge.
Upon completion of the psychiatric and clinical evaluation required in this section, the administrator or facility director may authorize continued admission of the minor to the inpatient psychiatric facility for a period not to exceed forty-five days only upon written findings by the evaluating psychiatrist which reaffirm that the criteria in §27A-15-5 are met.
A copy of the written psychiatric and clinical evaluation shall be immediately delivered to the parent, guardian, or other legal custodian upon request. If the minor is admitted all information and records subsequently received shall be considered by the evaluator in determining whether continued inpatient treatment is authorized under the criteria in §27A-15-5. The written psychiatric and clinical evaluation and all records and relevant information shall become part of the minor's medical records.
Source:
SL 1991, ch 220, §300; SL 2000, ch 129, §21.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-12 - Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.

27A-15-12. Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.
A parent who consented to a minor's admission under this chapter has the right to effect an immediate discharge of the minor upon written notice of the parent's intention to terminate inpatient treatment, unless the facility director, administrator, or attending psychiatrist has probable cause to believe the minor requires emergency intervention under §27A-15-30 and should remain in the facility, and initiates a mental illness hold. The hold may not exceed twenty-four hours from the facility's receipt of the parent's written notice to terminate. The facility director, administrator, or psychiatrist shall immediately complete and submit a petition for immediate intervention under the provisions of §27A-15-30 to the chair of the county mental illness board where the minor is located. For purposes of this section, the term, immediately, means the earliest possible time during normal waking hours. If a petition is not filed with the chair within twenty-four hours of the initiation of the hold, the minor shall be discharged. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the parent with the required written form. If a §27A-15-30 petition is completed for submission to the chair of the county board, the minor's admission shall continue pending the decision of the chair under §27A-15-34.
Source:
SL 1991, ch 220, §302; SL 2013, ch 122, §7.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-13 - Denial of admission--Referral to other programs or services.

27A-15-13. Denial of admission--Referral to other programs or services.
If the administrator or facility director denies admission, he shall refer the parent and minor to other placements, programs, or services that may be appropriate for the minor, including referral to the local interagency team serving the area in which the minor resides.
Source:
SL 1991, ch 220, §303.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-15.1 - Objection to continued inpatient treatment--Form and execution.

27A-15-15.1. Objection to continued inpatient treatment--Form and execution.
A minor who has been admitted to an inpatient psychiatric facility, or an adult on the minor's behalf, shall have the right to execute a written objection to continued inpatient treatment. Upon receipt by a staff member of the facility of an oral or written objection to continued inpatient treatment, the facility shall promptly supply the minor or the adult objecting on the minor's behalf with the required written form and assist in its proper execution. The form shall contain the date and time of its execution and become part of the minor's medical records. A copy of the form shall be immediately delivered to the minor and the adult.
Source:
SL 1992, ch 189, §19.