27A-4-1
Hospital established--Location.
27A-4-2
Repealed.
27A-4-3
Appointment of administrator.
27A-4-4
Repealed.
27A-4-5
Repealed.
27A-4-6
Acceptance and use of property for center--Diversion to other purposes prohibited--Restrictions on power to contract and convey real estate.
27A-4-7
Repealed.
27A-4-8
Establishment of psychiatric units at center--Special units.
27A-4-9
Juvenile unit authorized at Human Services Center--Purpose--Determination by
administrator required before admission.
27A-4-10
Repealed.
27A-4-11
Receipt of patient from State Veterans' Home--Expenses paid by state.
27A-4-12
Contract for care of person in United States custody.
27A-4-13
Repealed.
27A-4-14
Transfer of patients to other facilities, programs, or agencies.
27A-4-15
Transportation of nonresident patient to home state--Payment of expense.
27A-4-16
Search for patient on unauthorized leave--Notice--Return of patient to center.
27A-4-17
Disposition of funds left by deceased patients--Credit to special fund--Notice of
unclaimed funds.
27A-4-17.1
Use of unclaimed funds--Satisfaction of indebtedness.
27A-4-17.2
Disbursement of unclaimed funds after satisfaction of indebtedness.
27A-4-17.3
Disposition of personal property left by deceased or discharged patients.
27A-4-17.4
Disposition of funds left by discharged patient.
27A-4-18
Repealed.
27A-4-19
Repealed.
27A-4-20
Capacity limits for treatment areas.
27A-4-21
Crime of assisting in escape of involuntarily committed person--Penalties.
27A-4-22
Criminal background investigation of new employees--Temporary employment--Fees.
27A-4-1. Hospital established--Location.
The state hospital for the mentally ill, as now established and located on the southeast quarter of section thirty-six, township ninety-four north, range fifty-six west of the fifth principal meridian, and on adjacent land owned by the hospital, near the city of Yankton, in Yankton County, shall be known as the South Dakota Human Services Center. The South Dakota Human Services Center and any other locations established as branch facilities of the Human Services Center shall be under the direction and control of the Department of Social Services.
Source: SDC 1939, § 30.0201; SDCL § 27-4-1; SL 1974, ch 181, § 1; SL 1989, ch 21, § 64; SL 1991, ch 220, § 9; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
27A-4-2. Repealed by SL 2012, ch 150, § 12.
27A-4-3. Appointment of administrator.
The secretary of social services shall appoint an administrator of the South Dakota Human Services Center.
The administrator shall be the chief executive officer of the South Dakota Human Services Center. The administrator shall serve at the pleasure of the secretary of social services.
Source: SDC 1939, § 30.0205; SL 1961, ch 155, § 1; SDCL § 27-4-3; SL 1971, ch 167; SL 1975, ch 181, § 52; SL 1989, ch 21, § 66; SL 2002, ch 135, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011; SL 2013, ch 122, § 4.
27A-4-5. Repealed by SL 2012, ch 150, § 13.
27A-4-6. Acceptance and use of property for center--Diversion to other purposes prohibited--Restrictions on power to contract and convey real estate.
The Department of Social Services may take, in the name of the state, and hold in trust for the South Dakota Human Services Center any lands, conveyed or devised, and any money or personal property given or bequeathed to be applied for any purpose connected with such institution. It may divert any such lands, money, or personal property to any purpose other than the one for which such lands, money, or personal property were given, devised, or bequeathed, and it may not bind the state by any contract beyond the amount of the appropriation which may at the time have been made for the purposes expressed in the contract, nor sell or convey any part of real estate belonging to such center without the consent of the Legislature. However, it may release and mortgage or convey any real estate which may be held by it as security for any money or upon any trust, the terms of which authorize such conveyance.
Source: SDC 1939, § 30.0204; SDCL § 27-4-8; SL 1989, ch 21, § 68; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
27A-4-8. Establishment of psychiatric units at center--Special units.
The Department of Social Services shall establish, at a minimum, appropriate acute, intermediate, and long-term psychiatric units at the South Dakota Human Services Center. Such units shall provide care, treatment, and rehabilitative services to those patients with mental illness specifically needing inpatient psychiatric treatment and admitted according to law. The Department of Social Services may establish other special units as it may determine necessary.
Source: SDC 1939, § 30.0202; SDCL § 27-4-10; SL 1975, ch 181, § 55; SL 1981, ch 205, § 1; SL 1987, ch 198, § 2; SL 1989, ch 21, § 70; SL 1991, ch 220, § 12; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
27A-4-9. Juvenile unit authorized at Human Services Center--Purpose--Determination by administrator required before admission.
The Department of Social Services may establish a juvenile mental health unit at the South Dakota Human Services Center. Such unit shall provide for the care, treatment, and education of adolescents in need of inpatient treatment. Voluntary or involuntary admission to the juvenile mental health unit shall require a preadmission determination by the administrator of the Human Services Center that the admission is appropriate and within the capacity of the unit established by the secretary of social services.
Source: SL 1967, ch 271, § 1; SDCL § 27-4-23; SL 1975, ch 181, § 59; SL 1979, ch 174, § 1; SL 1989, ch 21, § 71; SL 1991, ch 220, § 13; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.
27A-4-10. Repealed by SL 2012, ch 150, § 14.
27A-4-11. Receipt of patient from State Veterans' Home--Expenses paid by state.
If any resident of the State Veterans' Home is admitted to the South Dakota Human Services Center, all expenses for the care, board, keeping, and transportation for such person shall be a charge upon the state, provided such resident is without sufficient means to pay all or part of such expenses.
Source: SDC 1939, § 30.0117; SL 1953, ch 179; SL 1965, ch 147; SDCL, § 27-4-14; SL 1991, ch 220, § 15.
27A-4-12. Contract for care of person in United States custody.
The center may enter into written contracts with the United States for the treatment and care of persons in the custody of the United States subject to the provisions of this title.
Source: SL 1945, ch 129; SDC Supp 1960, § 30.0117-1; SDCL, § 27-4-15; SL 1989, ch 21, § 72; SL 1991, ch 220, § 16.
27A-4-14. Transfer of patients to other facilities, programs, or agencies.
Any person committed to the South Dakota Human Services Center may be transferred to the care of a veterans' hospital, a mental health center, or a community-based mental health program operated by the state if, in the judgment of the administrator of the Human Services Center, the person would benefit from treatment received at the facility. The transfer of the person and the commitment may only be made by mutual consent of each facility, program, or agency. The administrator of the Human Services Center shall furnish all appropriate information concerning the patient, with or without consent, to the receiving facility, program, or agency. All charges for treatment at the facility, program, or agency shall be made in accordance with the provisions of this title.
Source: SL 1974, ch 183, § 12; SL 1975, ch 181, § 56; SDCL Supp, § 27-4-11.1; SL 1987, ch 198, § 3; SL 1991, ch 220, § 18; SL 1995, ch 156; SL 2012, ch 149, § 8.
27A-4-15. Transportation of nonresident patient to home state--Payment of expense.
If it appears to the satisfaction of the administrator of the South Dakota Human Services Center and to the secretary of social services that a person has been received at such institution who is not a resident of this state, but who is a resident of some other state or territory of the United States, the administrator of such hospital shall so certify, and shall provide for the transportation of such person to the state of his residence, and particularly to a similar institution of such state, and shall also provide an attendant to take such patient to the state of his residence and to such institution therein. The expense of transporting and caring for such person en route, together with the expense of such attendant, shall be paid out of the general funds of the state.
Source: SDC 1939, § 30.0121; SDCL § 27-4-16; SL 1975, ch 181, § 57; SL 1989, ch 21, § 74; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.
27A-4-16. Search for patient on unauthorized leave--Notice--Return of patient to center.
If any patient committed by a county board of mental illness or voluntary patient deemed dangerous to self or others shall take unauthorized leave from the center, the administrator shall immediately start a search for the patient, and if the patient cannot be found, he shall notify the sheriff of the county where the patient resides and the sheriff's office in the county wherein the facility is located. If the patient is found, a local law enforcement officer from the county where apprehended shall return him to the South Dakota Human Services Center.
Source: SDC 1939, § 30.0221; SDCL, § 27-4-27; SL 1975, ch 181, § 60; SL 1987, ch 198, § 4; SL 1991, ch 220, § 19.
27A-4-17. Disposition of funds left by deceased patients--Credit to special fund--Notice of unclaimed funds.
If a patient of the center dies, leaving funds at the center, the administrator of the center shall turn the funds over to the department for the sole use and benefit of the center. The funds shall be subject to refund within one year to any creditor, dependent, or heir, who establishes a right to the funds or any portion thereof. All the funds shall be credited to a fund designated as the unclaimed funds account. The center shall give, within thirty days of the death, notice of the unclaimed funds to all individuals listed as relatives in the center's records and any and all known creditors including the Department of Social Services.
Source: SL 1961, ch 157, § 1; SDCL, § 27-4-28; SL 1975, ch 181, § 61; SL 1989, ch 21, § 75; SL 1991, ch 220, § 20; SL 1996, ch 181, § 2.
27A-4-17.1. Use of unclaimed funds--Satisfaction of indebtedness.
If a patient dies at the center and leaves funds, any indebtedness incurred by the patient for care at the center shall take precedence over any other claims. Funds may be disbursed by the center to satisfy the indebtedness and shall be disbursed in the following order:
(1) Any indebtedness incurred by the center prior to the patient's death for the benefit of the patient shall be paid by the center from the deceased patient's funds on deposit;
(2) Any indebtedness incurred by the patient during the patient's stay at the center shall be paid out of these funds;
(3) After the liabilities have been satisfied, any funds remaining shall be paid to the family if a valid estate has been established; and
(4) If a valid estate has not been established, the funds shall be applied to any outstanding funeral bills upon receiving a valid itemization from the funeral home.
Any liabilities paid pursuant to subdivision (1), (2), or (4) of this section shall be paid on a prorata basis if sufficient funds are not available to pay the entire amount within that subdivision.
Source: SL 1996, ch 181, § 4.
27A-4-17.2. Disbursement of unclaimed funds after satisfaction of indebtedness.
If any funds remain after the disbursement allowed in § 27A-4-17.1, funds shall be disbursed in the following order:
(1) If the patient has been receiving veterans administration funds the center shall notify the veterans administration as to the balance and upon receipt of proper claim shall disburse the funds to the veterans administration;
(2) If the patient has been a medicaid recipient, the administrator shall notify the Department of Social Services of the balance and the date of the death, on forms provided by the Department of Social Services. Upon receiving a valid claim, the funds shall be disbursed to the Department of Social Services with the center not responsible for any further claims;
(3) If any funds remain, in the sum of three hundred dollars or more, the administrator shall hold it for the benefit of the county legally obligated for the care of the patient for the purpose of satisfying any lien of the county against the patient;
(4) If the county waives or fails to commence proceedings on its lien within six months from the date of the death, the funds shall be made available to other creditors on a prorata basis; and
(5) If none of the above apply, or if no proceeding of probate or administration of the estate is commenced within six months from the time of giving the notice as required in § 27A-4-17, or if there are no heirs to the estate, the amount on deposit at the center, notwithstanding chapter 21-36, shall escheat to the center's patient benefit fund.
Source: SL 1996, ch 181, § 5.
27A-4-17.3. Disposition of personal property left by deceased or discharged patients.
If a patient at the center dies leaving personal property at the center, all property shall be released to the next of kin listed on the records at the center. If the person is discharged, notification shall be made to interested parties that the property must be claimed and removed within six months. If notification cannot be made and no one claims the property within six months, the property shall escheat to the center for the sole use of the center.
Source: SL 1996, ch 181, § 6.
27A-4-17.4. Disposition of funds left by discharged patient.
If a patient at the center is discharged and leaves funds at the center, the funds shall be turned over to the administrator and deposited in the unclaimed funds account. Notice of the unclaimed funds shall be provided to the patient by first class mail, at the last known address of the patient. The funds shall be mailed to the patient by check if requested. If the funds are not claimed within one year from the date of deposit to the unclaimed funds account, the funds shall escheat to the center's patient benefit fund.
Source: SL 1996, ch 181, § 7.
27A-4-20. Capacity limits for treatment areas.
The secretary shall, in conjunction with the administrator, establish capacity limits for the treatment areas required by § 27A-4-8 at the center. The limits may not be exceeded unless an emergency situation is declared by the secretary and the administrator. Capacity limitations shall be established using such criteria as number of patients, and staffing levels. If capacity limits are reached, no additional admissions may be accepted until census numbers decrease. If capacity limits are reached, the department shall contract for appropriate services for those qualified for admission. This contract obligation does not apply to programs established at the discretion of the department or pursuant to § 27A-4-9 or § 34-20B-105.
Source: SL 1991, ch 220, § 22; SL 1996, ch 182.
27A-4-21. Crime of assisting in escape of involuntarily committed person--Penalties.
Any state employee or any employee of an agency under contract to the State of South Dakota who knowingly and intentionally allows or assists in the escape or release of an involuntarily committed person from the Human Services Center, through acts or omission, is guilty of a Class 6 felony. Any other person who knowingly and intentionally allows or assists in the escape or release of an involuntarily committed person from the Human Services Center, through acts or omission, is guilty of a Class 1 misdemeanor.
The term, escape, or, release, as used in this section includes departure without lawful authority or failure to return to custody following a temporary leave granted for a specific purpose or limited period.
Source: SL 2001, ch 148, § 1.
27A-4-22. Criminal background investigation of new employees--Temporary employment--Fees.
Each person hired as an employee whose primary duty includes patient care or supervision at the Human Services Center shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Human Services Center shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The Human Services Center may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.
Source: SL 2012, ch 29, § 1.
