South Dakota Code — 27A
Browse 279 sections in division 27A of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 27A-1-1. Definitions.
- § 27A-1-2. Involuntary commitment.
- § 27A-1-3. Qualified mental health professionals.
- § 27A-1-4. Unlawful confinement of mentally ill as felony or misdemeanor.
- § 27A-1-7. Training required by department.
- § 27A-1-9. Promulgation of rules for training qualified mental health professionals.
- § 27A-1-10. Mental health setting.
- § 27A-1-12. Definitions.
- § 27A-1-13. Contract with bordering state for treatment of mental illness or substance use disorder in state facility.
- § 27A-1-14. Treatment contracts not allowed for certain persons convicted of criminal offense.
- § 27A-1-15. Content of contract for treatment.
- § 27A-1-16. Negotiations to develop treatment contract--Temporary placement of person on emergency hold or involuntary commitment--Continuing responsibility of bordering state.
- § 27A-1-17. Placement or transfer of person from bordering state to Human Services Center prohibited.
- § 27A-1-18. Designation of caregiver to receive information regarding resident of treatment facilities.
- § 27A-1-19. Notice to caregiver of resident's discharge or transfer--Exercise of professional judgment not restricted.
- § 27A-3-1. General functions of department.
- § 27A-3-1.3. Repealed by SL 2012, ch 150, §§ 2 to 4.
- § 27A-3-2. Repealed by SL 2012, ch 150, §§ 5 to 8.
- § 27A-3-6. Acquisition and use of property by department--Legislative approval required for acquisition or transfer of real property.
- § 27A-3-8. Residential facilities for emotionally disturbed children.
- § 27A-3-9. Repealed by SL 2012, ch 150, §§ 10, 11.
- § 27A-4-1. Hospital established--Location.
- § 27A-4-3. Appointment of administrator.
- § 27A-4-6. Acceptance and use of property for center--Diversion to other purposes prohibited--Restrictions on power to contract and convey real estate.
- § 27A-4-8. Establishment of psychiatric units at center--Special units.
- § 27A-4-9. Juvenile unit authorized at Human Services Center--Purpose--Determination by administrator required before admission.
- § 27A-4-11. Receipt of patient from State Veterans' Home--Expenses paid by state.
- § 27A-4-12. Contract for care of person in United States custody.
- § 27A-4-14. Transfer of patients to other facilities, programs, or agencies.
- § 27A-4-15. Transportation of nonresident patient to home state--Payment of expense.
- § 27A-4-16. Search for patient on unauthorized leave--Notice--Return of patient to center.
- § 27A-4-17. Disposition of funds left by deceased patients--Credit to special fund--Notice of unclaimed funds.
- § 27A-4-17.1. Use of unclaimed funds--Satisfaction of indebtedness.
- § 27A-4-17.2. Disbursement of unclaimed funds after satisfaction of indebtedness.
- § 27A-4-17.3. Disposition of personal property left by deceased or discharged patients.
- § 27A-4-17.4. Disposition of funds left by discharged patient.
- § 27A-4-20. Capacity limits for treatment areas.
- § 27A-4-21. Crime of assisting in escape of involuntarily committed person--Penalties.
- § 27A-4-22. Criminal background investigation of new employees--Temporary employment--Fees.
- § 27A-5-1. Determination of standards for locally operated centers.
- § 27A-5-2. Repealed by SL 2012, ch 150, §§ 15 to 19.
- § 27A-5-7. Department of Social Services to designate county service centers.
- § 27A-5-9. County and municipal contributions to mental health centers, clinics, and community support providers.
- § 27A-5-10. No charge against counties contributing to support of center--Reduced rate.
- § 27A-5-15. Discharge procedures.
- § 27A-5-16. Charges for inpatient treatment.
- § 27A-5-17. Charges for detention or temporary housing services to individuals awaiting hearing assessed to county of residence.
- § 27A-5-18. Charges for other services by local centers--Schedule of fees.
- § 27A-6-1. Compact continued--Text of compact.
- § 27A-6-2. Compact administrator--Cooperation with other public agencies in state.
- § 27A-6-3. Supplementary agreements authorized--Concurrence required when service required from state agencies.
- § 27A-6-4. Arrangement for discharge of financial obligations under compact and supplementary agreements.
- § 27A-6-5. Consultation with family and county board before transfer of patient to another state.
- § 27A-7-1. County board of mental illness--Composition and appointment of board--Qualifications of members--Joint boards--Alternates.
- § 27A-7-2. Oaths of office of board members.
- § 27A-7-3. Temporary replacement of board members or alternates--Record of replacement.
- § 27A-7-3.1. Conflict of interest--Procedure for removal of board member.
- § 27A-7-4. Board jurisdiction over commitment, treatment, and safekeeping of involuntarily committed persons.
- § 27A-7-8. Compensation, mileage, and expenses of board members.
- § 27A-7-9. Training of board members.
- § 27A-7-10. Board members immune from civil liability when acting in good faith--Exception.
- § 27A-7-11. Qualified mental health professionals immune from civil liability when acting in good faith.
- § 27A-8-1. Requirements for admission of voluntary patients.
- § 27A-8-10. Immediate discharge of adult voluntary patient after notice of intent to terminate.
- § 27A-8-10.1. Emergency detention of voluntary inpatient after notice of intention to terminate.
- § 27A-8-11.2. Commitment of voluntary patient who has not applied for release--Reasons.
- § 27A-8-14. Notice to voluntary patients of release procedure--Acknowledgment of notice--Display in wards.
- § 27A-8-15. Explanation required prior to acceptance of voluntary inpatient--Informed consent--Application form.
- § 27A-8-16. Person requesting voluntary status to be admitted only as voluntary--Referrals for those denied admission.
- § 27A-8-17. Assessment of need for continued admission--Informed consent required for continued admission--Substitute informed consent.
- § 27A-8-18.1. Substituted informed consent.
- § 27A-8-19. Substituted informed consent by next of kin--Court hearing.
- § 27A-10-1. Petition asserting need for immediate intervention of mentally ill person--Contents.
- § 27A-10-1.1. Center as appropriate regional facility in certain circumstances.
- § 27A-10-1.2. Appropriate regional facility--Application for Designation by Department of Social Services--Requirements.
- § 27A-10-2. Order for apprehension of subject--Transportation to appropriate facility--Payment of expenses.
- § 27A-10-3. Apprehension by peace officer of person believed to require emergency intervention--Transportation to appropriate regional facility.
- § 27A-10-4. Petition on person apprehended.
- § 27A-10-5. Notification of rights upon custody, detention, or filing of petition--Notice to county board where person apprehended.
- § 27A-10-6. Examination of person detained--Report to chair--Expenses of examination.
- § 27A-10-7. Results of examination--Person released upon failure of examination to meet criteria--Continued detention if criteria met.
- § 27A-10-7.1. Chairman to make final determination where person voluntarily admits himself.
- § 27A-10-7.2. Refusal of prehearing admission.
- § 27A-10-8. Time limit for involuntary commitment hearing--Payment of expenses.
- § 27A-10-9. Testimony of qualified mental health professional--Availability and appropriateness of alternatives.
- § 27A-10-9.1. Ninety-day initial commitment to facility or outpatient treatment program--Release--Transportation--Notice of right to appeal.
- § 27A-10-9.2. Medical treatment for mental illness or treatment of co-occurring substance use disorder.
- § 27A-10-9.3. Least restrictive treatment alternative.
- § 27A-10-9.4. Failure to comply with requirements of outpatient commitment or treatment order.
- § 27A-10-9.5. Transportation by law enforcement--Limit upon detention and nonconsensual medication.
- § 27A-10-9.6. Failure to comply with outpatient commitment or treatment order--Supplemental hearing--Alternative disposition.
- § 27A-10-9.7. Detention by law enforcement officer for emergency intervention--Immunity from civil liability.
- § 27A-10-14. Review hearing after involuntary commitment order--Notice--Rights and procedures.
- § 27A-10-15. Additional review hearings.
- § 27A-10-16. Emergency apprehension--Evaluation by designated mental health professional.
- § 27A-10-17. Prehearing admission and commitment denied if medical condition exceeds center's capacity.
- § 27A-10-18. Refusal of admission and commitment when medical condition exceeds center's capacity.
- § 27A-10-19. Twenty-four-hour hold permitted--Notice to county board.
- § 27A-10-20. Definition of terms related to crisis referral and placement.
- § 27A-10-21. Referral to mobile crisis team or crisis intervention team certified law enforcement officer--Voluntary resolution or placement.
- § 27A-10-22. Discretion of law enforcement officer to arrest--Priority given to placement.
- § 27A-10-23. Immunity from liability--Mobile crisis referral--Exception.
- § 27A-10-24. Report to attorney general of certain names for reporting to National Instant Criminal Background Check System.
- § 27A-11A-1. Process issued by board--Conduct of meetings--Evidentiary rulings--Notice by mail.
- § 27A-11A-1.1. Petitions, applications, and documents made under oath or affirmation.
- § 27A-11A-1.2. Qualification of electronic document as signed document.
- § 27A-11A-1.3. Assurance of authenticity of electronic signature.
- § 27A-11A-1.4. Electronically transmitted facsimile.
- § 27A-11A-1.5. Statutes, rules, standards, and practices for accepting documents for filing or admission as evidence not altered--Exceptions.
- § 27A-11A-2. Stenographic record of proceedings--Certified transcript or tape requested by patient--Expense.
- § 27A-11A-3. Filing of board papers with clerk of courts--Confidentiality and access.
- § 27A-11A-4. State's attorney to represent petitioners--Reasonable costs.
- § 27A-11A-5. Personal service of petition and notice of hearing--Contents of notice.
- § 27A-11A-6. Sheriff's and witnesses' fees.
- § 27A-11A-7. Assignment of counsel to represent alleged mentally ill person--Time allowed.
- § 27A-11A-8. Interrogatories to be answered with health professional's certificate or examination.
- § 27A-11A-9. Expenses of evaluation--Additional examination.
- § 27A-11A-10. Precautions against drugs hampering defense--Record of treatments administered.
- § 27A-11A-11. Personal appearance at hearing--Presentation of evidence--Choosing not to appear.
- § 27A-11A-12. Compensation for appointed counsel.
- § 27A-11A-13. Determining residency.
- § 27A-11A-14. Request by county to reopen hearing on question of residence--Time and place of hearing--Notice--Filing and mailing of ultimate finding--Payment of expenses.
- § 27A-11A-15. Attorney general notified of findings as to nonresidency in state.
- § 27A-11A-16. Hearing reopened at attorney general's request--Notice--Mailing of ultimate findings--Payment of expenses.
- § 27A-11A-17. County of residence to refund attorney general's expenses.
- § 27A-11A-18. Distribution of copies of board findings and documents.
- § 27A-11A-19. Hearing required prior to transfer of involuntarily committed patient--Petition--Payment of expenses.
- § 27A-11A-20. Appointment of escort to convey patient to center--Same sex--Expenses--Relative as escort.
- § 27A-11A-21. Noncompliance with treatment order--Alternative treatment--Notice and right to counsel.
- § 27A-11A-22. Unsuccessful treatment--Hearing--Modification of treatment.
- § 27A-11A-23. Fund designated for expenses of commitment proceeding.
- § 27A-11A-24. Rules of evidence.
- § 27A-11A-25. Appeal of final order--Costs for indigent person.
- § 27A-11A-26. Appointed attorney not guardian ad litem.
- § 27A-11A-27. Guardianship of estate unaffected by board proceedings.
- § 27A-11A-28. Location and conduct of hearings and reviews.
- § 27A-12-1. Individual privacy and dignity to be respected.
- § 27A-12-1.1. "Person" defined.
- § 27A-12-1.2. Commitment not conclusive on competence.
- § 27A-12-3. Notice of rights furnished patient--Display.
- § 27A-12-3.1. Rights enumerated--Limitations on rights.
- § 27A-12-3.2. Right to treatment through spiritual means.
- § 27A-12-3.3. Right of access to protection of receiving assistance.
- § 27A-12-3.4. Labor for benefit of facility.
- § 27A-12-3.5. Discharge not conditioned on labor--Compensation exempt from facility charges.
- § 27A-12-3.6. Comprehensive individualized treatment plan--Right to participate in planning--Purpose of plan--Periodic review.
- § 27A-12-3.7. Aftercare plan to facilitate discharge.
- § 27A-12-3.8. Examination and review of behavioral status after admission.
- § 27A-12-3.9. Review of need for continued treatment--Release if implementation of treatment plan untimely.
- § 27A-12-3.10. Application for transfer from involuntary to voluntary status.
- § 27A-12-3.11. Emergency surgery or treatment--Documentation of necessity--Immunity from liability--Health care--Sterilization.
- § 27A-12-3.12. Right to refuse being subjected to research or experimental or intrusive procedures or medication--Exceptions.
- § 27A-12-3.13. Petition for authority to administer psychotropic medication or other medical treatment--Examination and physician opinion of incapacity to consent required.
- § 27A-12-3.14. Service of petition and notice of hearing--Content--Appointment of counsel--Hearing.
- § 27A-12-3.15. Order for psychotropic medication or other treatment when person incapable of consent.
- § 27A-12-3.16. Time limit for administration of psychotropic medication or other medical treatment--Termination of order--Review of necessity of treatment.
- § 27A-12-3.17. Compensation of appointed attorney by county of residence.
- § 27A-12-3.18. Access to attorney and private physician.
- § 27A-12-3.19. Personal appearance at hearing not compulsory--Presenting evidence.
- § 27A-12-3.21. Experimental research and hazardous procedure to be approved by secretary of social services.
- § 27A-12-3.22. Psychosurgery, aversive stimuli, and substantial deprivations prohibited.
- § 27A-12-6.1. Restrictive treatment procedures--Documentation--Prior approval--Limitation.
- § 27A-12-6.2. Seclusion or restraint--Clinical justification required--Rationale--Appropriate manner.
- § 27A-12-25. Individual records required--Contents--Confidentiality.
- § 27A-12-25.1. Information closed to public inspection--Sealed upon termination of proceedings.
- § 27A-12-26. Confidentiality of information acquired in course of providing mental health services.
- § 27A-12-26.1. Access to own records--Exceptions--Confidentiality following discharge.
- § 27A-12-27. Obligation to disclose confidential information.
- § 27A-12-27.1. Request for notice and notice of pending discharge.
- § 27A-12-27.2. Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody.
- § 27A-12-27.3. Immunity from liability for good faith detention.
- § 27A-12-29. Discretionary disclosure of confidential information.
- § 27A-12-30. Released information approved by administrator--Record of release.
- § 27A-12-31. Identity of patient protected in disclosing information--Disclosure limited by germaneness.
- § 27A-12-32. Disclosure by recipient of confidential information.
- § 27A-12-32.1. Asserting grievances.
- § 27A-12-32.2. Habeas corpus available for committed, confined, detained, or restrained person.
- § 27A-12-33. Provisions of title do not replace or limit other rights.
- § 27A-12-33.1. Exercise of rights.
- § 27A-12-34. Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center.
- § 27A-13-2. Definition of terms.
- § 27A-13-3. Department responsible for collection and processing of fees.
- § 27A-13-3.1. Human Services Center to maintain billing statement for each patient--Determination of ability to pay--Costs assessed patient or state.
- § 27A-13-3.2. Secretary to promulgate rules to determine fees and ability to pay.
- § 27A-13-4. Liability of resident and legally responsible person for cost of care--Federal charges.
- § 27A-13-5. Tender of charges required on voluntary hospitalization--County or governmental pledge of payment--Monthly payment in advance--Indigent person.
- § 27A-13-6. County payments for indigent voluntary patients entitled to poor relief--Residency not admitted by payment.
- § 27A-13-7. Periodic approval and monthly assessment of charges--Method of computation.
- § 27A-13-8. Full per diem cost paid by person financially able to pay.
- § 27A-13-9. Application to pay less than applicable charge--Investigation and consideration by secretary.
- § 27A-13-10. Determination by secretary of amount to be charged--Appeal and hearing.
- § 27A-13-11. Review and change of amounts to be charged.
- § 27A-13-12. Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments.
- § 27A-13-13. Civil suit for collection of payments--Lien on property--Claim against decedent's estate.
- § 27A-13-14. Collection of delinquent accounts--Credit to general fund.
- § 27A-13-15. County appropriation for support of mentally ill.
- § 27A-13-16. Admission fee to be paid by county of residence--Amount.
- § 27A-13-17. Procedure for determining county of residency.
- § 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-13-18.1. Appeal of residence determination to circuit court by county--Notice to attorney general--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.
- § 27A-13-19. Charges to state for patient determined to be nonresident.
- § 27A-13-19.1. Voluntary admission of non-resident--Waiver of fee.
- § 27A-13-20. Appeal to circuit court from attorney general's determination as to residence of patient.
- § 27A-13-21. Administrator to charge expenses to county of residence despite commitment from another county.
- § 27A-13-22. Expenses paid by county reimbursed by county of residence.
- § 27A-13-22.1. Refund with interest by county of residence of expenses incurred by attorney general.
- § 27A-13-25. Administrator's report to county of patients discharged--Notice to county auditor.
- § 27A-13-26. Monthly certification of charges to counties--Payment--Deposit.
- § 27A-13-27. Uniform system of accounts continued.
- § 27A-13-28. Accounts maintained in accordance with system--Records maintained by county auditor.
- § 27A-13-31. Action by county for reimbursement--Lien on property.
- § 27A-13-32. Notice by county auditor and collection of charges from persons responsible--Notice of appeal procedure.
- § 27A-13-33. Accrual of state or county claim--Commencement during life of patient--Past claims.
- § 27A-13-34. Disposition of amounts collected from patient or responsible person.
- § 27A-14-1. Discretionary discharge of voluntary patient.
- § 27A-14-1.1. Notification to guardian that inpatient treatment no longer required.
- § 27A-14-1.2. Release by Human Services Center administrator prior to hearing--Transportation.
- § 27A-14-1.3. Release by facility director--Notification to board chairman.
- § 27A-14-1.4. Leave status--Limit--Reviews and hearings.
- § 27A-14-2. Discharge of involuntary patient on changed behavior.
- § 27A-14-3. Notice to county board of discharge of involuntary patient--Transportation to home.
- § 27A-14-4. Notice to county board of provisional discharge--Maximum duration.
- § 27A-14-5. County liability for costs on failure to remove discharged patient on notice--Report and collection of delinquencies.
- § 27A-14-14. Public assistance to discharged or released patient.
- § 27A-15-1. Definition of terms.
- § 27A-15-1.1. Serious emotional disturbance defined.
- § 27A-15-3. Separation of minors from adult patients--Exception.
- § 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-15-5. Criteria for admission of minor.
- § 27A-15-8. Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.
- § 27A-15-9. Informed consent--Oral and written--Copy to parent and minor.
- § 27A-15-10. Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.
- § 27A-15-12. Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.
- § 27A-15-13. Denial of admission--Referral to other programs or services.
- § 27A-15-15.1. Objection to continued inpatient treatment--Form and execution.
- § 27A-15-15.2. Filing written objection--Notice of right to counsel--Hearing--Possible discharge.
- § 27A-15-15.3. Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest.
- § 27A-15-15.4. Time limit for hearing--Location--Expenses.
- § 27A-15-15.5. Finding of hearing as to minor's residence--Parent's residence--Reopening hearing.
- § 27A-15-15.6. Testimony of mental health professional--Alternatives to inpatient treatment.
- § 27A-15-17.1. Independent evaluation within twenty-four hours of objection.
- § 27A-15-18. Discharge prior to hearing ordered by chairman of county board.
- § 27A-15-19. Hearing following objection--Time limit.
- § 27A-15-20. Overrule of minor's objection--Continued treatment or immediate discharge.
- § 27A-15-21. Written comprehensive individualized treatment plan--Basis for plan.
- § 27A-15-22. Review of treatment plan.
- § 27A-15-23. Educational programming.
- § 27A-15-24. Periodic evaluation.
- § 27A-15-25. Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday.
- § 27A-15-26. Discharge upon determination that criteria no longer being met.
- § 27A-15-27. Predischarge plan of aftercare.
- § 27A-15-28. Involuntary commitment.
- § 27A-15-29. Criteria governing involuntary commitment.
- § 27A-15-30. Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents.
- § 27A-15-31. Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.
- § 27A-15-32. Apprehension by police officer for emergency intervention--Jail not used for custody of minor.
- § 27A-15-33. Immediate notification of rights.
- § 27A-15-34. Release if criteria not met--Transportation--Detention if criteria met.
- § 27A-15-35. Appointment of counsel--Conflict of interest.
- § 27A-15-36. Procedure if hearing to be held--Alternative treatment.
- § 27A-15-37. Completion of hearing--Board's determination--Commitment or release.
- § 27A-15-38. Time limit to implement individualized treatment plan--Purpose of plan.
- § 27A-15-39. Educational programming for involuntarily committed minor.
- § 27A-15-40. Periodic review following involuntary commitment--Assessment--Right to refuse treatment.
- § 27A-15-41. Review hearing--Notice--Rights and procedures.
- § 27A-15-42. Additional review hearings--Rights, procedures, and findings.
- § 27A-15-43. Review of treatment plan.
- § 27A-15-44. Predischarge plan of aftercare for involuntarily committed minor.
- § 27A-15-45. Experimental treatments prohibited--Petition for authorization under certain circumstances.
- § 27A-15-46. Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.
- § 27A-15-47. Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.
- § 27A-15-48. Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination.
- § 27A-15-49. Petition to continue treatment with psychotropic medication.
- § 27A-15-50. Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order.
- § 27A-15-51. Treatments continuously monitored--Periodic review--Least restrictive treatment.
- § 27A-15-54. Mental health centers may designate interagency teams--Role of teams--Composition.
- § 27A-15-59. Immunity for local interagency team members.
- § 27A-16-1. Repealed by SL 2012, ch 149, §§ 43 to 60.