2017 Session Laws

CHAPTER 120

(SB 44)

Individuals with a serious emotional disturbance, definition revised.


        ENTITLED, An Act to revise the definition of individuals with a serious emotional disturbance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That ยง 27A-15-1.1 be amended to read:

    27A-15-1.1. 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, fifth edition, 2013, or coding found in the International Classification of Diseases, 10th revision, Clinical Modification, 2015;

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

     Signed March 10, 2017
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