2013 South Dakota Codified Laws
Title 27A - MENTALLY ILL PERSONS
Chapter 15 - Treatment Of Minors
§ 27A-15-1.1 Serious emotional disturbance defined.


SD Codified L § 27A-15-1.1 (2013) What's This?

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, fourth edition revised, 1994;

(4) Has demonstrated a need for one or more special care services, in addition to mental health; 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 serious emotional disturbance.

Source: SL 1994, ch 255, § 2; SL 2000, ch 129, § 19; SL 2013, ch 125, § 7.

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