TITLE 27B
DEVELOPMENTALLY DISABLED PERSONS
Chapter
01 Definitions And General Provisions
02 State Programs For Developmentally Disabled Persons
03 State Institutions For Developmentally Disabled Persons
04 Community Services For Developmentally Disabled Persons
05 Voluntary Admission To Facilities For The Mentally Retarded [Repealed]
06 State Guardianship Of Mentally Retarded Persons [Repealed]
06A Limited Guardianships For Incapacitated Persons [Repealed]
07 Commitment And Board-Ordered Care Of Developmentally Disabled Persons
08 Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons
09 Voluntary Admission To Facilities For The Mentally Retarded [Repealed]
10 Civil Commitment Following Dismissal Of Felony Sex Offense Charge
27B-1-1 to 27B-1-13. Repealed.
27B-1-14
Purpose.
27B-1-15
Administrative functions of department.
27B-1-16
Use of other boards or councils.
27B-1-17
Definitions.
27B-1-18
Developmental disability defined.
27B-1-18.1
Intellectual disability defined.
27B-1-19
Drug screening policy for community support providers.
27B-2-1 to 27B-2-13.
Repealed.
27B-2-14 to 27B-2-19. Repealed.
27B-2-20
Coordination of use of state facilities.
27B-2-21
General functions of department.
27B-2-22
Residence of developmentally disabled person.
27B-2-23
Application by person with developmental disability for departmental
services.
27B-2-24
Refusal or termination of departmental services by person with
developmental disability.
27B-2-25
Rules for procedure and conduct of contested cases.
27B-2-26
Standards for community service providers, South Dakota Developmental
Center-Redfield, and other nonpublic facilities, services, and supports--Rules.
27B-2-27
Employee orientation to policies, procedures, and resident rights.
27B-2-28
Recommendations to Legislature and Governor.
27B-2-29
Hospital survey and construction law unimpaired.
CHAPTER 27B-3
STATE INSTITUTIONS FOR DEVELOPMENTALLY DISABLED PERSONS
27B-3-1 27B-3-1 to 27B-3-7. Repealed by SL 2000, ch 131, § 1
27B-3-8 Acceptance and use of donations to institution--Records maintained.
27B-3-9 27B-3-9 to 27B-3-12. Repealed by SL 2000, ch 131, § 1
27B-3-13 Disposition of funds of deceased patient--County claim--Escheat to recreation fund.
27B-3-14 27B-3-14. Repealed by SL 1982, ch 16, § 46
27B-3-15 Location and name of Redfield institution--Control and supervision.
27B-3-16 Function and mission of South Dakota Developmental Center.
27B-3-17 Immunizations and tests for communicable diseases required for admission to facility--Alternatives.
27B-3-18 Tests and immunizations provided by facility.
27B-3-19 Appointment of director--Director's role.
27B-3-20 Unlawful detention of person with developmental disability.
27B-3-21 County review board may order commitment.
27B-3-22 Adults eligible for voluntary admission.
27B-3-23 Minors eligible for voluntary admission.
27B-3-24 Eligibility for voluntary admission.
27B-3-25 Comprehensive evaluation within thirty days of admission--Annual review.
27B-3-26 County auditor to be notified of admission.
27B-3-27 Liability of admittee for maintenance costs--Federal charges.
27B-3-28 Department responsible for processing fees due state.
27B-3-29 Periodic determination of individual maintenance costs.
27B-3-30 Full per diem rate charged to patient able to pay.
27B-3-31 Application to pay less than normal charges.
27B-3-32 Determination of amount to be paid by patient--Filing of grievance.
27B-3-33 Civil action for charges payable--Lien on property--Claim against decedent's estates.
27B-3-34 Limitation of actions for charges--Action during lifetime.
27B-3-35 County liable when not charged to state at large--Payments not admission of residency--Residency determination--Matching federal funds.
27B-3-36 Expenses for person with developmental disability under control of child welfare agency--Petition for guardianship.
27B-3-37 County assertion that person with developmental disability not a proper charge--Notice to file proofs--Investigation by attorney general--Notice of determination.
27B-3-38 Appeal to circuit court from attorney general's determination.
27B-3-39 Adjustment of payments by one county for residents of another.
27B-3-40 Monthly certification of charges to counties--Payments to state.
27B-3-41 Payments deposited in general fund.
27B-3-42 Transfer of resident from state facility to another--Notice before transfer--Emergency transfer.
27B-3-43 Consultation with family and interdisciplinary team before transfer to another state.
27B-3-44 Notice to voluntary resident of release procedures--Right to discharge.
27B-3-45 Temporary detention of voluntary resident--Emergency commitment procedures.
27B-3-46 Discharge of voluntarily admitted resident--Notice to parent or guardian.
27B-3-47 Return to facility of resident absent without authority.
27B-3-48 Notice to law enforcement officers of absence of resident without authority--Detention and return to facility.
27B-3-49 Secretary to be informed when no guardian or conservator of adult resident.
27B-3-50 Evaluation of competence of resident attaining adulthood.
27B-3-51 Secretary to be informed when no guardian for incompetent resident attaining adulthood.
27B-3-52 Criminal background investigation of new employees--Temporary employment--Fees.
27B-4-1 to 27B-4-8. Repealed.
27B-4-9
County budgeting and appropriations for community service providers.
27B-4-10
Community service providers receiving funds to be approved by department.
27B-5-1 to 27B-5-18. Repealed.
27B-6-1 to 27B-6-5. Repealed.
27B-7-1 to 27B-7-23. Repealed.
27B-7-24
County review board--Composition and appointment of board--Qualifications
of members--Joint boards--Alternates.
27B-7-25
Oaths of office of board members.
27B-7-25.1
Board members immune from civil liability when acting in good faith--Exception.
27B-7-26
Board jurisdiction of commitment and safekeeping of involuntarily
committed persons--Process used in discharge of duties.
27B-7-27
Petition for board-ordered admission asserting need for immediate
intervention--Contents.
27B-7-28
Board order for examination and report on petition--Contents of report--County to be reimbursed for additional examination.
27B-7-29
Board to notify department of petition--Department to prepare report--Filing.
27B-7-30
Disclosure of information.
27B-7-31
Contents of report in § 27B-7-28.
27B-7-32
Finding of residence.
27B-7-32.1
Request to reopen hearing regarding residence.
27B-7-32.2
Appearance before board--Notice--Findings of board.
27B-7-32.3
Costs of reopened hearing--Lien against patient not permitted.
27B-7-32.4
Finding of nonresidency to be forwarded to attorney general.
27B-7-32.5
Attorney general may request reopened hearing--Notice.
27B-7-32.6
Presentation of evidence--Burden of proof--Filing of finding.
27B-7-32.7
Costs of reopened hearing--Reimbursement by county or state.
27B-7-32.8
Refund of expenses of reopened hearing.
27B-7-33
Time and place of hearing--Notice--Copies of order after hearing.
27B-7-34
Procedure governing hearings.
27B-7-35
Participation by state's attorney.
27B-7-36
Dismissal of petition if not upheld by professional report--Discharge of
subject.
27B-7-37
Order for involuntary commitment of person posing immediate danger to self
or others--Protective custody.
27B-7-38
Board may issue detention order--Person detained without professional's
recommendation to be examined within given time or released--Professional
examination and report--Person released if not dangerous.
27B-7-39
Annual review of commitment order--Provision of report--Notice of hearing--Participation at hearing--Procedures--Results of hearing.
27B-7-39.1
Rights of person during hearing--Waiver of rights--Exclusion of persons.
27B-7-39.2
Attendance of court reporter--Record of proceedings.
27B-7-39.3
Request for transcript or copy--Costs.
27B-7-40
Department to notify board of death of resident.
27B-7-41
Counsel to represent subject--Procedural rights.
27B-7-42
Payment of counsel.
27B-7-43
Liability for costs.
27B-7-44
Diagnosis of developmental disability or commitment by board does not
constitute incompetence.
27B-7-45
Right of appeal of hearing or review--Person to be advised of right--Appeal
procedures--Rights not to be denied on grounds of indigency.
27B-7-46
Repealed.
27B-7-47
Right to habeas corpus.
27B-7-48
Involuntary commitment--Rules.
27B-7-49
Crime of assisting in escape of involuntarily committed person--Penalties.
27B-7-50
Discharge.
27B-7-51
Notification of discharge--Transportation.
27B-7-51.1
Discharge--Notification of discharge--Voluntary admission.
27B-7-52
Liability for costs of care of persons not provided transportation--Report of
delinquencies--Notification--Payment.
27B-8-1 to 27B-8-35. Repealed.
27B-8-36
Rights and responsibilities of person with developmental disability.
27B-8-37
Religious rights.
27B-8-38
Right to public educational services.
27B-8-39
Right of access to dental and medical care.
27B-8-40
Emergency treatment without consent--Documentation of necessity.
27B-8-41
Informed consent required for experimentation or hazardous procedure--Court authorization.
27B-8-42
Other rights not limited by receipt of services--Certain practices prohibited.
27B-8-43
Retaliation against whistle-blower forbidden--Definition.
27B-8-44
Certain conduct as misdemeanor.
27B-8-45
Rights of persons receiving services.
27B-8-46
Records confidential--Disclosure.
27B-8-47
Disclosure of information to certain persons.
27B-8-48
Identity of person to be protected.
27B-8-49
Further disclosure of information.
27B-8-50
Aversive behavioral intervention techniques--Findings.
27B-8-51
Use of aversive intervention techniques prohibited.
27B-8-52
Restriction or suspension of rights only after due process.
27B-8-53
Use of restraints.
27B-8-54
Behavior intervention programs--Prerequisites to implementation.
27B-8-55
Highly restrictive procedures--Limitations on use.
27B-8-56
Time-out rooms.
27B-9-1 to 27B-9-28. Repealed.
CHAPTER 27B-10
CIVIL COMMITMENT FOLLOWING DISMISSAL OF FELONY SEX OFFENSE CHARGE
27B-10-1 Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Civil commitment authorized.
27B-10-2 Not competent to proceed--Persons with developmental disability--Felony sexual offense dismissed--Petition to commit after dismissal.
27B-10-3 Petition to commit--Mental evaluation--Report--Additional examination and report permitted.
27B-10-4 Evaluation report contents--Finding--Commitment hearing--Dismissal.
27B-10-5 Commitment hearing--Rights--Limited attendance.
27B-10-6 Sheriff and witness fees.
27B-10-7 Commitment hearing--Civil procedure--Judicial authority.
27B-10-8 Commitment hearing--Court determinations--Order.
27B-10-9 Commitment order--Annual review--Report--Review hearing--Order.
27B-10-10 Review hearing--Rights.
27B-10-11 Service provider director--Authority to discharge--Basis--Notice--Applicability.
27B-10-12 Assisting in escape--Violation.
27B-10-13 Rights--Person committed--Department.
