2013 South Dakota Codified Laws
Title 27A - MENTALLY ILL PERSONS
Chapter 08 - Voluntary Hospitalization Of Patients With Mental Illness
§ 27A-8-11.2 Commitment of voluntary patient who has not applied for release--Reasons.
27A-8-11.2. Commitment of voluntary patient who has not applied for release--Reasons. An inpatient psychiatric facility director, the center administrator or an attending psychiatrist may file a petition pursuant to § 27A-10-1 for the commitment of a voluntary patient if clinically indicated, even though a written notice of intention to terminate inpatient treatment has not been received. Reasons for the filing of such petition shall be limited to the following:
(1) The facility director, the center administrator, or attending psychiatrist has probable cause to believe that the patient meets the criteria in § 27A-1-2; and
(2) The patient, including a person admitted upon exercise of a substituted informed consent by a guardian or a next of kin pursuant to § 27A-8-1, is unwilling or unable to consent to treatment deemed necessary by the treating physician and there are no other appropriate treatments to which the patient is willing or able to consent; or
(3) The patient is unable or unwilling to affirm consent to continued admission as required in § 27A-8-17.
Source: SL 1987, ch 198, § 12; SL 1991, ch 220, § 60; SL 1992, ch 190, § 4C.
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