reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-50 - Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order.

27A-15-50. Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order.
If the court finds by clear and convincing evidence that the continued administration of the prescribed medication or the treatment requested pursuant to §27A-15-45 is the least restrictive treatment alternative medically necessary to improve the minor's serious emotional disturbance, the court may authorize the continued administration of the medication or the treatment for a period not to exceed ninety days. The court's order shall be immediately delivered to the administrator or other director and be made part of the minor's medical records. In addition, the court's order shall be immediately delivered to the minor and his parent, guardian, or custodian.
The court's order authorizing the continued administration of the prescribed medication or the treatment shall terminate sooner upon the minor's attaining the age of eighteen, the minor's discharge from the facility or program, the withdrawal of consent by the minor's parent, guardian, or custodian, or withdrawal of the minor's consent required in subdivision 27A-15-45(2), or upon a determination made pursuant to §27A-15-51, that the administration of the medication or the treatment is no longer the least restrictive treatment alternative medically necessary to improve the minor's serious emotional disturbance.
Source:
SL 1991, ch 220, §340; SL 1993, ch 213, §130; SL 2013, ch 122, §12.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-51 - Treatments continuously monitored--Periodic review--Least restrictive treatment.

27A-15-51. Treatments continuously monitored--Periodic review--Least restrictive treatment.
The administration of psychotropic medication or the provision of treatments pursuant to §27A-15-45, to a minor pursuant to this chapter shall be continuously monitored by the minor's treating psychiatrist. The treatment shall be reviewed and approved as being the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance at least every thirty days by the treating psychiatrist and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist or physician after a personal examination of the minor. If the treating psychiatrist or the medical director or such consulting psychiatrist or physician determines that the treatment is no longer the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the treatment shall be immediately terminated. A copy of the personal examination and the treating psychiatrist's and the medical director's or consulting psychiatrist's or physician's determinations shall be made part of the minor's medical records.
Source:
SL 1991, ch 220, §341; SL 2013, ch 122, §13.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-54 - Mental health centers may designate interagency teams--Role of teams--Composition.

27A-15-54. Mental health centers may designate interagency teams--Role of teams--Composition.
Each mental health center may designate one or more local interagency teams in each of the state's mental health service areas. The local interagency teams may assist in identifying appropriate placements, programs, and services for minors with emotional disturbances and their families. Any local interagency team shall include a parent of a child with an emotional disturbance who resides within the service area.
Source:
SL 1991, ch 220, §344; SL 1992, ch 189, §31; SL 2001, ch 150, §3.
2023 South Dakota Codified Laws › Title 27A - Mentally Ill Persons › Chapter 15 - Treatment Of Minors › Section 27A-15-59 - Immunity for local interagency team members.

27A-15-59. Immunity for local interagency team members.
Any person serving as a member of a local interagency team as provided for in §27A-15-54 whose action in the identification of placements, programs, and services for minors with emotional disturbances and their families pursuant to the provisions of this chapter is made in good faith and in the best interest of the child, is immune from any civil liability that might otherwise be incurred or imposed.
Source:
SL 1994, ch 226; SL 2001, ch 150, §8.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 01 - Definitions And General Provisions › Section 27B-1-14 - Purpose.

27B-1-14. Purpose.
The purposes of this title are to enhance environments and provide supports to enable persons with developmental disabilities to achieve and maintain physical well-being, personal and professional satisfaction, participation as community members, and safety from abuse, neglect, and exploitation; and to promote and safeguard the human dignity, constitutional and statutory rights, social well-being, and general welfare of all persons with developmental disabilities in the state.
Source:
SL 2000, ch 131, §2.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 01 - Definitions And General Provisions › Section 27B-1-15 - Administrative functions of department.

27B-1-15. Administrative functions of department.
The Department of Human Services shall develop, adopt, approve, coordinate, monitor, evaluate, and administer state and federally funded services for persons with developmental disabilities and their families within South Dakota in cooperation with all governmental and private resources and organizations concerned with developmental disabilities.
From existing department funds or special funds appropriated by the Legislature, the department shall:
(1)Carry out all functions and duties required by statute through collaboration and consultation with persons with developmental disabilities, their families, guardians, community resources, organizations, and people who provide services throughout the state;
(2)Develop and maintain a statewide system of community-based services that reflect the choices and needs of persons with developmental disabilities and their families;
(3)Facilitate or provide technical assistance to community service providers in planning, developing, and implementing services and supports for persons with developmental disabilities;
(4)Cooperate with federal agencies in the administration of the federal statutes and acts relating to developmental disabilities programs, accept the benefits of such federal statutes and acts subject to chapter 4-8, and comply with the requirements thereof;
(5)Conform the state plans to the federal requirements and submit them to the federal agencies; and
(6)Maintain a data collection system on the prevalence of developmental disabilities, including autism, based on the needs of persons with developmental disabilities in the current service delivery system.
Source:
SL 2000, ch 131, §3.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 01 - Definitions And General Provisions › Section 27B-1-16 - Use of other boards or councils.

27B-1-16. Use of other boards or councils.
The Department of Human Services may establish and use state, regional, or local boards or councils to assist in the planning and implementation of community services.
Source:
SL 2000, ch 131, §4.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 01 - Definitions And General Provisions › Section 27B-1-18 - Developmental disability defined.

27B-1-18. Developmental disability defined.
A developmental disability is any severe, chronic disability of a person that:
(1)Is attributable to a mental or physical impairment or combination of mental and physical impairments;
(2)Is manifested before the person attains age twenty-two;
(3)Is likely to continue indefinitely;
(4)Results in substantial functional limitations in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and
(5)Reflects the person's need for an array of generic services, met through a system of individualized planning and supports over an extended time, including those of a life-long duration.
Source:
SL 2000, ch 131, §6.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 01 - Definitions And General Provisions › Section 27B-1-18.1 - Intellectual disability defined.

27B-1-18.1. Intellectual disability defined.
For purposes of §§10-62-1, 10-62-2, 13-32-13, 22-46-1, 26-7A-85, 27A-1-1, 27A-15-1.1, 27B-1-17, 27B-7-30, 27B-7-38, 27B-8-41, 28-6-23, 28-6-24, 28-6-25, 28-13-23, 34-24-16, 58-17-30.1, and 58-18-31 and any terminology changed pursuant to the provisions of those sections, "intellectual disability," or a variation of this term, means a condition previously referred to as "mental retardation," or a variation of this term, and has the same meaning with respect to programs, qualifications for programs, rights or responsibilities regarding persons with such a condition.
Source:
SL 2013, ch 125, §20.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 01 - Definitions And General Provisions › Section 27B-1-19 - Drug screening policy for community support providers.

27B-1-19. Drug screening policy for community support providers.
Any community support provider shall have a drug screening policy for applicants seeking employment whose primary duty includes patient or resident care or supervision. Any community support provider shall have a drug screening policy for employees whose primary duty includes patient or resident care or supervision, based upon reasonable suspicion of illegal drug use by such employee.
Source:
SL 2005, ch 21, §6; SL 2009, ch 138, §2.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-20 - Coordination of use of state facilities.

27B-2-20. Coordination of use of state facilities.
The Department of Human Services shall coordinate the utilization of existing facilities, state departments, boards, or commissions involved in the field of developmental disabilities.
Source:
SL 2000, ch 131, §7.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-21 - General functions of department.

27B-2-21. General functions of department.
The Department of Human Services may receive, acquire, have charge of, and operate all properties for the purposes authorized by statute. The department may receive gifts and contributions from public and private sources and acquire other properties as an agency of the State of South Dakota and hold and use them for statutory purposes. However, the department may not purchase, lease anything except office quarters as approved by the state commissioner of administration, sell, encumber, or alienate any real property without the specific consent and prior approval of the Legislature.
Source:
SL 2000, ch 131, §8.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-22 - Residence of developmentally disabled person.

27B-2-22. Residence of developmentally disabled person.
A person with a developmental disability from another state or territory who enters this state for the purpose of receiving services or education shall retain the residence of that person's parent, guardian, or agency standing in the place of the person's parent or guardian.
Source:
SL 2000, ch 131, §9.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-23 - Application by person with developmental disability for departmental services.

27B-2-23. Application by person with developmental disability for departmental services.
Any person with a developmental disability or any other interested person may make application for department services by contacting in person or in writing any official state or field office of the Department of Human Services and participating in an evaluation which may include mental, physical, and educational assessments so that the department may determine if services are needed.
Source:
SL 2000, ch 131, §10.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-24 - Refusal or termination of departmental services by person with developmental disability.

27B-2-24. Refusal or termination of departmental services by person with developmental disability.
A person with a developmental disability or that person's parent or guardian may refuse services offered by the Department of Human Services. If the person with a developmental disability or that person's parent or guardian accepts services from the department, the department, that person's parent or guardian, or the person with a developmental disability may terminate the services at any time.
Source:
SL 2000, ch 131, §11.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-25 - Rules for procedure and conduct of contested cases.

27B-2-25. Rules for procedure and conduct of contested cases.
The secretary of the department shall promulgate, pursuant to chapter 1-26, reasonable and necessary rules governing the procedure and conduct of contested cases, including notification of the denial of services.
Source:
SL 2000, ch 131, §12.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-26 - Standards for community service providers, South Dakota Developmental Center-Redfield, and other nonpublic facilities, services, and supports--Rules.

27B-2-26. Standards for community service providers, South Dakota Developmental Center-Redfield, and other nonpublic facilities, services, and supports--Rules.
The secretary of the Department of Human Services shall promulgate, pursuant to chapter 1-26, reasonable and necessary rules establishing standards for community service providers, South Dakota Developmental Center--Redfield, and other nonpublic facilities, services, and supports for persons with developmental disabilities and for services and supports to be provided or purchased by the Department of Human Services under this title. Such rules shall be adopted in the following areas:
(1)Staff requirements, to include orientation, continuing staff development, instruction on positive behavioral supports and medication administration;
(2)Administration, audit requirements, and record keeping;
(3)Services and supports provided;
(4)Client rights and safety;
(5)Facility fire safety and sanitation requirements;
(6)Respite care;
(7)Family support;
(8)Preadmission Screening/Annual Resident Review (PASARR);
(9)Such other standards and requirements as are necessary for federal financial participation; and
(10)Any other services and supports necessary to implement this title.
Source:
SL 2000, ch 131, §13.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-27 - Employee orientation to policies, procedures, and resident rights.

27B-2-27. Employee orientation to policies, procedures, and resident rights.
Before a new employee, including a temporary employee, of a facility or a community service provider receiving funds or providing services or supports pursuant to this title performs any duties, the new employee shall be oriented to the facility or community service provider and its policies, including policies and procedures concerning fire prevention, accident prevention, and response to emergencies. By the time each new employee has worked thirty days in the facility or community service provider, the new employee shall be oriented to resident rights, to the new employee's position and duties, and to facility or community service provider procedures.
Source:
SL 2000, ch 131, §14.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-28 - Recommendations to Legislature and Governor.

27B-2-28. Recommendations to Legislature and Governor.
The Department of Human Services shall consider the needs in the field of developmental disabilities and shall make recommendations to the Legislature and the Governor for changes in existing legislation.
Source:
SL 2000, ch 131, §15.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 02 - State Programs For Developmentally Disabled Persons › Section 27B-2-29 - Hospital survey and construction law unimpaired.

27B-2-29. Hospital survey and construction law unimpaired.
This chapter may not be construed as repealing chapter 34-7, but shall be construed separate and in addition to chapter 34-7.
Source:
SL 2000, ch 131, §16.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-8 - Acceptance and use of donations to institution--Records maintained.

27B-3-8. Acceptance and use of donations to institution--Records maintained.
The administrator may receive and accept from any persons, organization, or estate, gifts of money or personal property on behalf of the South Dakota Developmental Center--Redfield, or the patients therein, and use such gifts for the purposes specified by the donor if such use is consistent with the law. In the absence of a specified purpose, the administrator shall use such money or personal property for the benefit of the South Dakota Developmental Center--Redfield or for the general benefit of the patients therein. The administrator shall keep an accurate record of the amount or kind of gift, the date received, manner expended, and the name and address of the donor. Any increase resulting from such gift may be used for the same purpose as the original gift.
Source:
SDC 1939, §30.0603 as added by SL 1959, ch 175, §2; SDCL, §27-13-9; SL 1989, ch 238, §12.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-13 - Disposition of funds of deceased patient--County claim--Escheat to recreation fund.

27B-3-13. Disposition of funds of deceased patient--County claim--Escheat to recreation fund.
If any patient of the South Dakota Developmental Center--Redfield dies leaving less than three hundred dollars in money on deposit with the administrator, such money shall be transferred by the administrator to the recreation fund of such institution. If the money on deposit is the sum of three hundred dollars or more, the administrator shall hold it for the benefit of the county legally obligated for the care of the patient for the purpose of satisfying any lien of the county against the estate of the patient.
The administrator shall give timely notice of such deposit to the county auditor and to the clerk of courts of the county and the amount of money held. If the county has waived or fails to commence proceedings on its lien, or if no proceedings for probate or administration of the estate have commenced within six months from the time of giving the notice to the clerk of courts, or if in the course of administration it is found that there are no heirs to the estate, then the amount of the deposit shall, notwithstanding §29A-3-914, escheat to the recreation fund.
Any indebtedness, not in excess of one hundred dollars, incurred by the facility prior to the patient's death for the benefit of the patient may be paid by the facility from the deceased resident's funds on deposit with the administrator. This liability shall take precedence over the county lien.
Source:
SDC 1939, §30.0603 as added by SL 1959, ch 175, §2; SDCL, §27-13-12; SL 1973, ch 174, §1; SL 1974, ch 188; SDCL Supp, §27-14-4; SL 1975, ch 182, §§72, 74; SL 1981, ch 209; SL 1989, ch 238, §14; SL 1996, ch 16, §4.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-15 - Location and name of Redfield institution--Control and supervision.

27B-3-15. Location and name of Redfield institution--Control and supervision.
The facility located and established upon lands donated and conveyed to this state at Redfield, Spink County, shall be known as the South Dakota Developmental Center. The supports and services provided by the South Dakota Developmental Center shall be under the control and supervision of the Department of Human Services.
Source:
SL 2000, ch 131, §17.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-16 - Function and mission of South Dakota Developmental Center.

27B-3-16. Function and mission of South Dakota Developmental Center.
The South Dakota Developmental Center shall provide supports and services for persons with developmental disabilities and other persons who may benefit from those supports and services offered by the South Dakota Developmental Center. The South Dakota Developmental Center may provide onsite and offsite additional supports and services in order to increase the self-direction of a person with a developmental disability, and to enhance a person with a developmental disability to live in the least-restrictive environment. It is the mission of the South Dakota Developmental Center to provide supports and services to persons with developmental disabilities onsite only when suitable community supports and services are not available.
Source:
SL 2000, ch 131, §18.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-17 - Immunizations and tests for communicable diseases required for admission to facility--Alternatives.

27B-3-17. Immunizations and tests for communicable diseases required for admission to facility--Alternatives.
Any person with a developmental disability voluntarily or involuntarily admitted to the facility shall be tested for communicable diseases as deemed necessary by a licensed physician in charge of tests and immunizations at the facility, by such means of tests and immunizations as are approved by the Department of Health or shall present:
(1)Certification from a licensed physician stating the physical condition of the person with a developmental disability would be such that a test and immunization would endanger the person's life or health;
(2)A written statement signed by a parent or guardian of the person with a developmental disability that the person is adherent to a belief whose teachings are opposed to the test and immunization;
(3)A written statement signed by a parent or guardian of the person with a developmental disability requesting that the local health department or the facility give the test and immunization because the parent or guardian lacks the means to pay for the test and immunization; or
(4)A written statement from a licensed physician requesting that the person with a developmental disability not be immunized.
Source:
SL 2000, ch 131, §19.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-18 - Tests and immunizations provided by facility.

27B-3-18. Tests and immunizations provided by facility.
The facility shall provide to persons with developmental disabilities the required tests and the immunizations that are not provided by a parent or guardian and have not been exempted pursuant to §27B-3-17.
Source:
SL 2000, ch 131, §20.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-19 - Appointment of director--Director's role.

27B-3-19. Appointment of director--Director's role.
The secretary of the Department of Human Services shall appoint a director to act as the chief executive officer of the South Dakota Developmental Center. The director shall supervise the supports, services, and education of the persons served at the facility, under the direction of the secretary of the Department of Human Services.
Source:
SL 2000, ch 131, §21.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-20 - Unlawful detention of person with developmental disability.

27B-3-20. Unlawful detention of person with developmental disability.
Any person who unlawfully detains a person with a developmental disability in any other manner or in any other place than as authorized by law is guilty of a Class 1 misdemeanor.
Source:
SL 2000, ch 131, §22.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-21 - County review board may order commitment.

27B-3-21. County review board may order commitment.
Any person with a developmental disability may be admitted to the South Dakota Developmental Center if the county review board orders commitment pursuant to the process provided in this title.
Source:
SL 2000, ch 131, §23.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-22 - Adults eligible for voluntary admission.

27B-3-22. Adults eligible for voluntary admission.
Any person who is eighteen years of age or older and who has a developmental disability may be admitted to the South Dakota Developmental Center on a voluntary admission basis in accordance with procedures established by the Department of Human Services if an application for admission has been executed by the person with a developmental disability, if the person is competent to do so, or by the person's guardian.
Source:
SL 2000, ch 131, §24.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-23 - Minors eligible for voluntary admission.

27B-3-23. Minors eligible for voluntary admission.
Any person who is under the age of eighteen years and who has a developmental disability may be admitted to the South Dakota Developmental Center on a voluntary admission basis in accordance with procedures established by the Department of Human Services if an application for admission has been executed by the person's parent, guardian, or, in the absence of a parent or guardian, a person acting as a parent in loco parentis.
Source:
SL 2000, ch 131, §25.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-24 - Eligibility for voluntary admission.

27B-3-24. Eligibility for voluntary admission.
If it is determined that any other person would benefit from supports and services offered at the South Dakota Developmental Center, that person may be admitted on a voluntary admission basis in accordance with procedures established by the Department of Human Services.
Source:
SL 2000, ch 131, §26.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-25 - Comprehensive evaluation within thirty days of admission--Annual review.

27B-3-25. Comprehensive evaluation within thirty days of admission--Annual review.
Each person admitted to the South Dakota Developmental Center shall receive and complete a comprehensive evaluation within thirty days of admission to determine the appropriateness of continued supports and services at the facility. The appropriateness of continued supports and services shall be reviewed at least annually, or more often if requested by a team member.
Source:
SL 2000, ch 131, §27.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-26 - County auditor to be notified of admission.

27B-3-26. County auditor to be notified of admission.
Upon accepting a person for admission to the South Dakota Developmental Center, the county auditor of the person's county of residence shall be notified by the facility's director.
Source:
SL 2000, ch 131, §28.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-27 - Liability of admittee for maintenance costs--Federal charges.

27B-3-27. Liability of admittee for maintenance costs--Federal charges.
Notwithstanding chapter 25-7, if any person is admitted to a facility, only the admittee is responsible for the cost of supports and services to the extent and in the manner provided by this chapter. If the cost of supports and services is a proper charge of the federal government, the costs shall be assessed against the appropriate agency of the federal government.
Source:
SL 2000, ch 131, §29.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-28 - Department responsible for processing fees due state.

27B-3-28. Department responsible for processing fees due state.
The Department of Human Services shall collect and process fees due to the state for the cost of supports and services for persons with developmental disabilities.
Source:
SL 2000, ch 131, §30.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-29 - Periodic determination of individual maintenance costs.

27B-3-29. Periodic determination of individual maintenance costs.
The secretary of the Department of Human Services shall periodically determine the individual cost of supports and services provided to persons in the facility.
Source:
SL 2000, ch 131, §31.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-30 - Full per diem rate charged to patient able to pay.

27B-3-30. Full per diem rate charged to patient able to pay.
Any person in the facility who is determined by the secretary of the Department of Human Services to be financially able to pay shall be charged the per diem rate.
Source:
SL 2000, ch 131, §32.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-31 - Application to pay less than normal charges.

27B-3-31. Application to pay less than normal charges.
Any person in the facility may apply to the secretary of the Department of Human Services to pay less than the per diem rate. On receipt of such application, the secretary shall determine the ability of the person in the facility to pay all or a part of the applicable charge.
Source:
SL 2000, ch 131, §33.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-32 - Determination of amount to be paid by patient--Filing of grievance.

27B-3-32. Determination of amount to be paid by patient--Filing of grievance.
Upon receipt of all information desired by the secretary of the Department of Human Services, the secretary shall determine, based upon the financial ability of the person in the facility, whether the person shall be charged with the full amount or a lesser amount. If a person in the facility or county where the person in the facility resides, disagrees with the determination of the secretary of the Department of Human Services, a grievance may be filed with the secretary within thirty days from the date of such determination. However, each such grievance may not be filed more than once every six months. The decision of the secretary is final.
Source:
SL 2000, ch 131, §34.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-33 - Civil action for charges payable--Lien on property--Claim against decedent's estates.

27B-3-33. Civil action for charges payable--Lien on property--Claim against decedent's estates.
If any person in the facility refuses or fails to make such payments, the charges may be collected by a civil action brought in the name of the State of South Dakota. The state may commence an action against the person for payments due, and any judgment obtained shall be a lien upon the real property of the person and shall be collected as other judgments. Any claim arising under §27B-3-27 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.
Source:
SL 2000, ch 131, §35.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-34 - Limitation of actions for charges--Action during lifetime.

27B-3-34. Limitation of actions for charges--Action during lifetime.
The statute of limitations upon any claim of the state for the care of a person in the facility is three years and does not commence to run until the death of the person, but an action may be commenced at any time during the life of the person.
Source:
SL 2000, ch 131, §36.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-35 - County liable when not charged to state at large--Payments not admission of residency--Residency determination--Matching federal funds.

27B-3-35. County liable when not charged to state at large--Payments not admission of residency--Residency determination--Matching federal funds.
Each county shall be assessed sixty dollars per month for each person receiving supports and services at the South Dakota Developmental Center unless the responsibility therefore has been placed upon the state. In the event of a dispute as to that person's residence, no payments made by any county constitute an admission that the person in the facility is a resident of such county.
The procedures for determining the county of residence shall be that described in §§27B-3-37 and 27B-3-38. These moneys shall be used to match federal funds which may be made available under the provisions of Title XIX of the Social Security Act as amended, or its successors, at the South Dakota Developmental Center.
Source:
SL 2000, ch 131, §37.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-36 - Expenses for person with developmental disability under control of child welfare agency--Petition for guardianship.

27B-3-36. Expenses for person with developmental disability under control of child welfare agency--Petition for guardianship.
If a person with a developmental disability has been placed under the control of a child welfare agency as defined by §26-6-1 for adoption, and prior to adoption is found to have a developmental disability, then the county review board may direct that the expenses for the care, education, and maintenance of that person be borne by the state in which event no finding as to the county being legally obligated to support the person shall be made. The board shall forthwith notify the Department of Social Services who may petition for letters of guardianship. For minors in the custody of the state, the county is not legally obligated to pay for such person. Expenses for such person shall be borne by the state.
Source:
SL 2000, ch 131, §38.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-37 - County assertion that person with developmental disability not a proper charge--Notice to file proofs--Investigation by attorney general--Notice of determination.

27B-3-37. County assertion that person with developmental disability not a proper charge--Notice to file proofs--Investigation by attorney general--Notice of determination.
If the administrator of a facility has cared for or maintained a person with a developmental disability from a county and the state's attorney or the county commissioners of the county claim that the person is not a proper charge against the county, the state's attorney or the county commissioners shall notify the attorney general that the person in the facility is a proper charge against another county, or against the state if the person in the facility is not a resident of the state. The attorney general shall notify the county auditor of the county to file any proof within thirty days from the date of such notification. Upon receipt of such, the attorney general shall investigate the location of the residence of the person in the facility to determine if a county and which county should be charged. The attorney general shall notify the county auditor and the director of the South Dakota Developmental Center of the determination. Thereafter, the administrator shall charge for supports and services according to the determination of the attorney general.
Source:
SL 2000, ch 131, §39.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-38 - Appeal to circuit court from attorney general's determination.

27B-3-38. Appeal to circuit court from attorney general's determination.
If any county is dissatisfied with the determination of the attorney general, the county may appeal to the circuit court.
Source:
SL 2000, ch 131, §40.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-39 - Adjustment of payments by one county for residents of another.

27B-3-39. Adjustment of payments by one county for residents of another.
Expenses paid by one county, on behalf of any person at the South Dakota Developmental Center whose residence is in another county, shall be refunded with lawful interest by the county of residence.
Source:
SL 2000, ch 131, §41.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-40 - Monthly certification of charges to counties--Payments to state.

27B-3-40. Monthly certification of charges to counties--Payments to state.
Any charges to a county under §27B-3-35 shall be certified each month by the secretary of the Department of Human Services to the county auditor. The billing shall include an itemized listing of charges. The billing shall be sent to county auditors no later than the fifth day of the month. Upon receiving the billing, the county shall pay the amount due to the state remittance center within the time period established by chapter 4-3.
Source:
SL 2000, ch 131, §42.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-41 - Payments deposited in general fund.

27B-3-41. Payments deposited in general fund.
Any payments made in accordance with this chapter for the supports and services of persons at the South Dakota Developmental Center shall be deposited in the general fund.
Source:
SL 2000, ch 131, §43.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-42 - Transfer of resident from state facility to another--Notice before transfer--Emergency transfer.

27B-3-42. Transfer of resident from state facility to another--Notice before transfer--Emergency transfer.
Any person in a state facility may be transferred to any other state or private facility if the person would benefit from the treatment offered at the facility. A transfer may only be made with the mutual consent of both facilities or agencies. No transfer may occur until all reasonable efforts have been made to consult with the person and the person's nearest relative or guardian. However, the transfer may be effected earlier if necessitated by an emergency. If an emergency situation arises, the required notice shall be given as soon as possible thereafter.
Source:
SL 2000, ch 131, §44.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-43 - Consultation with family and interdisciplinary team before transfer to another state.

27B-3-43. Consultation with family and interdisciplinary team before transfer to another state.
The Department of Human Services, upon recommendation of the person's interdisciplinary team, shall consult with the person with a developmental disability and that person's immediate family or guardian regarding any proposed transfer from a facility of this state to a facility of another state pursuant chapter 27A-6.
Source:
SL 2000, ch 131, §45.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-44 - Notice to voluntary resident of release procedures--Right to discharge.

27B-3-44. Notice to voluntary resident of release procedures--Right to discharge.
Any person voluntarily entering a facility for persons with developmental disabilities shall be given oral and written notice of release procedures upon admission. Any person voluntarily entering the facility, regardless of age, has the right to discharge within twenty-four hours after request.
Source:
SL 2000, ch 131, §46.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-45 - Temporary detention of voluntary resident--Emergency commitment procedures.

27B-3-45. Temporary detention of voluntary resident--Emergency commitment procedures.
A facility may temporarily detain a voluntarily admitted person with a developmental disability for twenty-four hours after the request for discharge to initiate emergency commitment procedures, pursuant to §27B-7-38, if the person's interdisciplinary team determines that the person presents an immediate danger to self or others.
Source:
SL 2000, ch 131, §47.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-46 - Discharge of voluntarily admitted resident--Notice to parent or guardian.

27B-3-46. Discharge of voluntarily admitted resident--Notice to parent or guardian.
The director, based upon the recommendation of the person's interdisciplinary team, may at any time discharge a voluntarily admitted person. If a person with a developmental disability was voluntarily admitted by a parent or guardian, the director shall notify the parent or guardian of the discharge prior to the person's release, in accordance with 42 C.F.R. §483.440(b)(4)(ii), as of January 1, 2023, and shall notify the parent or guardian of other supports and services available in an alternative setting.
Source: SL 2000, ch 131, §48; SL 2023, ch 91, §1.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-47 - Return to facility of resident absent without authority.

27B-3-47. Return to facility of resident absent without authority.
Any person with a developmental disability admitted to the facility pursuant to this title who leaves the facility without authorization or fails to return to the facility while on an authorized leave or other authorized absence from the facility, may be returned to the facility.
Source:
SL 2000, ch 131, §49.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-48 - Notice to law enforcement officers of absence of resident without authority--Detention and return to facility.

27B-3-48. Notice to law enforcement officers of absence of resident without authority--Detention and return to facility.
The South Dakota Developmental Center shall notify the Spink County sheriff and state radio communications of any unauthorized absence from the facility. Any law enforcement officer knowing the whereabouts of any person absent from the facility shall detain the absent person and immediately notify both the South Dakota Developmental Center and the Spink County sheriff. The South Dakota Developmental Center shall arrange for the return of the person with a developmental disability to the facility within forty- eight hours thereafter.
Source:
SL 2000, ch 131, §50.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-49 - Secretary to be informed when no guardian or conservator of adult resident.

27B-3-49. Secretary to be informed when no guardian or conservator of adult resident.
If the director of a facility determines that a person eighteen years of age or older with a developmental disability receiving services and supports from the facility requires a guardian or conservator and there is no one qualified and willing to petition for letters of guardianship or conservatorship, the director shall inform the secretary of the Department of Human Services.
Source:
SL 2000, ch 131, §51.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-50 - Evaluation of competence of resident attaining adulthood.

27B-3-50. Evaluation of competence of resident attaining adulthood.
Six months prior to the eighteenth birthday of each person with a developmental disability in the facility, the person shall be evaluated by the facility to determine whether the person is competent to execute an application for voluntary admission.
Source:
SL 2000, ch 131, §52.
2023 South Dakota Codified Laws › Title 27B - Developmentally Disabled Persons › Chapter 03 - State Institutions For Developmentally Disabled Persons › Section 27B-3-51 - Secretary to be informed when no guardian for incompetent resident attaining adulthood.

27B-3-51. Secretary to be informed when no guardian for incompetent resident attaining adulthood.
If the facility determines after evaluation pursuant to §27B-3-50, that the person with a developmental disability is not competent to execute an application for voluntary admission or that the person otherwise requires the protective services of a guardian, that person's parent, or if none, another interested person or entity shall be notified and requested to file a petition for the appointment of a guardian. If no petition is filed, the director shall inform the secretary of the Department of Human Services.
Source:
SL 2000, ch 131, §53.