2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 15 - Treatment Of Minors
Section 27A-15-15.2 - Filing written objection--Notice of right to counsel--Hearing--Possible discharge.

27A-15-15.2. Filing written objection--Notice of right to counsel--Hearing--Possible discharge.

If a written objection to continued inpatient treatment is executed pursuant to §27A-15-19, the administrator or facility director shall forthwith file the objection with the chair of the county board of mental illness for the county where the facility is located. In addition, the administrator or facility director shall immediately notify the minor both orally and in writing of the following:

(1)The right to immediately contact a person of the minor's choosing;

(2)The right to immediately contact and be represented by counsel;

(3)That the minor will be examined by a qualified mental health professional, designated by the chair of the county board, within twenty-four hours to determine whether inpatient treatment should continue; and

(4)The right, if inpatient treatment is continued, to an independent examination as accorded in §27A-11A-9 and to a hearing within five days of the execution of the written objection, within six days if there is a Saturday, Sunday, or holiday within that time period, or within seven days if there is a Saturday, Sunday, and holiday within that time period.

The notice shall also be given forthwith to the chair of the county board.

Inpatient treatment of the minor may continue pending the hearing by the county board of mental illness. The facility may discharge the minor prior to the hearing upon a determination that the minor no longer meets the criteria in §27A-15-5. If the minor is discharged, the hearing need not be held.

Source: SL 1992, ch 189, §20; SL 1997, ch 164, §5.