South Dakota § 34-20A-70 - Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.
Full text of South Dakota South Dakota Codified Laws § 34-20A-70 — Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds., with citation guidance and answers to common questions.
§ 34-20A-70. Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.
A person may be committed by the circuit court upon the petition of the person's spouse or guardian, a relative, a physician, the administrator of any approved treatment facility, or any other responsible person. Any person applying for commitment shall do so to the circuit court through the clerk of courts of the county in which the person to be committed resides or is present. The circuit court judge, upon receipt of a written application prepared by the clerk of courts, shall appoint an attorney to represent the applicant. The appointed attorney shall investigate the grounds upon which the application is based and shall within five days, excluding Saturdays, Sundays, and legal holidays, submit a written report to the circuit court as to whether probable cause exists that the person subject of the petition is an alcoholic or drug abuser. All information obtained as a result of the investigation and written report shall be documented and made a part of the record of any further proceedings. The petition shall allege that the person is an alcoholic or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs and:
(1) Has threatened, attempted, or inflicted physical harm on himself or herself or on another and that unless committed is likely to inflict harm on himself or herself or on another; or
(2) Is incapacitated by the effects of alcohol or drugs; or
(3) Is pregnant and abusing alcohol or drugs.
A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.
Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 22; SL 1998, ch 207, § 1; SL 2023, ch 117, § 6.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-20A-70
What does South Dakota Codified Laws § 34-20A-70 cover?
Section 34-20A-70 ("Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 34-20A-70?
A common citation format is "South Dakota Codified Laws § 34-20A-70" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 34-20A-70 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.