27B-3-15. Location and name of Redfield institution--Control and supervision.

The facility located and established upon lands donated and conveyed to this state at Redfield, Spink County, shall be known as the South Dakota Developmental Center. The supports and services provided by the South Dakota Developmental Center shall be under the control and supervision of the Department of Human Services.

Source: SL 2000, ch 131, § 17.

27B-3-16. Function and mission of South Dakota Developmental Center.

The South Dakota Developmental Center shall provide supports and services for persons with developmental disabilities and other persons who may benefit from those supports and services offered by the South Dakota Developmental Center. The South Dakota Developmental Center may provide onsite and offsite additional supports and services in order to increase the self-direction of a person with a developmental disability, and to enhance a person with a developmental disability to live in the least-restrictive environment. It is the mission of the South Dakota Developmental Center to provide supports and services to persons with developmental disabilities onsite only when suitable community supports and services are not available.

Source: SL 2000, ch 131, § 18.

27B-3-17. Immunizations and tests for communicable diseases required for admission to facility--Alternatives.

Any person with a developmental disability voluntarily or involuntarily admitted to the facility shall be tested for communicable diseases as deemed necessary by a licensed physician in charge of tests and immunizations at the facility, by such means of tests and immunizations as are approved by the Department of Health or shall present:

(1)    Certification from a licensed physician stating the physical condition of the person with a developmental disability would be such that a test and immunization would endanger the person's life or health;

(2)    A written statement signed by a parent or guardian of the person with a developmental disability that the person is adherent to a belief whose teachings are opposed to the test and immunization;

(3)    A written statement signed by a parent or guardian of the person with a developmental disability requesting that the local health department or the facility give the test and immunization because the parent or guardian lacks the means to pay for the test and immunization; or

(4)    A written statement from a licensed physician requesting that the person with a developmental disability not be immunized.

Source: SL 2000, ch 131, § 19.

27B-3-18. Tests and immunizations provided by facility.

The facility shall provide to persons with developmental disabilities the required tests and the immunizations that are not provided by a parent or guardian and have not been exempted pursuant to § 27B-3-17.

Source: SL 2000, ch 131, § 20.

27B-3-19. Appointment of director--Director's role.

The secretary of the Department of Human Services shall appoint a director to act as the chief executive officer of the South Dakota Developmental Center. The director shall supervise the supports, services, and education of the persons served at the facility, under the direction of the secretary of the Department of Human Services.

Source: SL 2000, ch 131, § 21.

27B-3-20. Unlawful detention of person with developmental disability.

Any person who unlawfully detains a person with a developmental disability in any other manner or in any other place than as authorized by law is guilty of a Class 1 misdemeanor.

Source: SL 2000, ch 131, § 22.

27B-3-21. County review board may order commitment.

Any person with a developmental disability may be admitted to the South Dakota Developmental Center if the county review board orders commitment pursuant to the process provided in this title.

Source: SL 2000, ch 131, § 23.

27B-3-22. Adults eligible for voluntary admission.

Any person who is eighteen years of age or older and who has a developmental disability may be admitted to the South Dakota Developmental Center on a voluntary admission basis in accordance with procedures established by the Department of Human Services if an application for admission has been executed by the person with a developmental disability, if the person is competent to do so, or by the person's guardian.

Source: SL 2000, ch 131, § 24.

27B-3-23. Minors eligible for voluntary admission.

Any person who is under the age of eighteen years and who has a developmental disability may be admitted to the South Dakota Developmental Center on a voluntary admission basis in accordance with procedures established by the Department of Human Services if an application for admission has been executed by the person's parent, guardian, or, in the absence of a parent or guardian, a person acting as a parent in loco parentis.

Source: SL 2000, ch 131, § 25.

27B-3-24. Eligibility for voluntary admission.

If it is determined that any other person would benefit from supports and services offered at the South Dakota Developmental Center, that person may be admitted on a voluntary admission basis in accordance with procedures established by the Department of Human Services.

Source: SL 2000, ch 131, § 26.

27B-3-25. Comprehensive evaluation within thirty days of admission--Annual review.

Each person admitted to the South Dakota Developmental Center shall receive and complete a comprehensive evaluation within thirty days of admission to determine the appropriateness of continued supports and services at the facility. The appropriateness of continued supports and services shall be reviewed at least annually, or more often if requested by a team member.

Source: SL 2000, ch 131, § 27.

27B-3-26. County auditor to be notified of admission.

Upon accepting a person for admission to the South Dakota Developmental Center, the county auditor of the person's county of residence shall be notified by the facility's director.

Source: SL 2000, ch 131, § 28.

27B-3-27. Liability of admittee for maintenance costs--Federal charges.

Notwithstanding chapter 25-7, if any person is admitted to a facility, only the admittee is responsible for the cost of supports and services to the extent and in the manner provided by this chapter. If the cost of supports and services is a proper charge of the federal government, the costs shall be assessed against the appropriate agency of the federal government.

Source: SL 2000, ch 131, § 29.

27B-3-28. Department responsible for processing fees due state.

The Department of Human Services shall collect and process fees due to the state for the cost of supports and services for persons with developmental disabilities.

Source: SL 2000, ch 131, § 30.

27B-3-29. Periodic determination of individual maintenance costs.

The secretary of the Department of Human Services shall periodically determine the individual cost of supports and services provided to persons in the facility.

Source: SL 2000, ch 131, § 31.

27B-3-30. Full per diem rate charged to patient able to pay.

Any person in the facility who is determined by the secretary of the Department of Human Services to be financially able to pay shall be charged the per diem rate.

Source: SL 2000, ch 131, § 32.

27B-3-31. Application to pay less than normal charges.

Any person in the facility may apply to the secretary of the Department of Human Services to pay less than the per diem rate. On receipt of such application, the secretary shall determine the ability of the person in the facility to pay all or a part of the applicable charge.

Source: SL 2000, ch 131, § 33.

27B-3-32. Determination of amount to be paid by patient--Filing of grievance.

Upon receipt of all information desired by the secretary of the Department of Human Services, the secretary shall determine, based upon the financial ability of the person in the facility, whether the person shall be charged with the full amount or a lesser amount. If a person in the facility or county where the person in the facility resides, disagrees with the determination of the secretary of the Department of Human Services, a grievance may be filed with the secretary within thirty days from the date of such determination. However, each such grievance may not be filed more than once every six months. The decision of the secretary is final.

Source: SL 2000, ch 131, § 34.

27B-3-33. Civil action for charges payable--Lien on property--Claim against decedent's estates.

If any person in the facility refuses or fails to make such payments, the charges may be collected by a civil action brought in the name of the State of South Dakota. The state may commence an action against the person for payments due, and any judgment obtained shall be a lien upon the real property of the person and shall be collected as other judgments. Any claim arising under § 27B-3-27 has the same force and effect against the real and personal property of a deceased person as other debts of a decedent and shall be ascertained and recovered in the same manner.

Source: SL 2000, ch 131, § 35.

27B-3-34. Limitation of actions for charges--Action during lifetime.

The statute of limitations upon any claim of the state for the care of a person in the facility is three years and does not commence to run until the death of the person, but an action may be commenced at any time during the life of the person.

Source: SL 2000, ch 131, § 36.

27B-3-35. County liable when not charged to state at large--Payments not admission of residency--Residency determination--Matching federal funds.

Each county shall be assessed sixty dollars per month for each person receiving supports and services at the South Dakota Developmental Center unless the responsibility therefore has been placed upon the state. In the event of a dispute as to that person's residence, no payments made by any county constitute an admission that the person in the facility is a resident of such county.

The procedures for determining the county of residence shall be that described in §§ 27B-3-37 and 27B-3-38. These moneys shall be used to match federal funds which may be made available under the provisions of Title XIX of the Social Security Act as amended, or its successors, at the South Dakota Developmental Center.

Source: SL 2000, ch 131, § 37.

27B-3-36. Expenses for person with developmental disability under control of child welfare agency--Petition for guardianship.

If a person with a developmental disability has been placed under the control of a child welfare agency as defined by § 26-6-1 for adoption, and prior to adoption is found to have a developmental disability, then the county review board may direct that the expenses for the care, education, and maintenance of that person be borne by the state in which event no finding as to the county being legally obligated to support the person shall be made. The board shall forthwith notify the Department of Social Services who may petition for letters of guardianship. For minors in the custody of the state, the county is not legally obligated to pay for such person. Expenses for such person shall be borne by the state.

Source: SL 2000, ch 131, § 38.

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.

If the administrator of a facility has cared for or maintained a person with a developmental disability from a county and the state's attorney or the county commissioners of the county claim that the person is not a proper charge against the county, the state's attorney or the county commissioners shall notify the attorney general that the person in the facility is a proper charge against another county, or against the state if the person in the facility is not a resident of the state. The attorney general shall notify the county auditor of the county to file any proof within thirty days from the date of such notification. Upon receipt of such, the attorney general shall investigate the location of the residence of the person in the facility to determine if a county and which county should be charged. The attorney general shall notify the county auditor and the director of the South Dakota Developmental Center of the determination. Thereafter, the administrator shall charge for supports and services according to the determination of the attorney general.

Source: SL 2000, ch 131, § 39.

27B-3-38. Appeal to circuit court from attorney general's determination.

If any county is dissatisfied with the determination of the attorney general, the county may appeal to the circuit court.

Source: SL 2000, ch 131, § 40.

27B-3-39. Adjustment of payments by one county for residents of another.

Expenses paid by one county, on behalf of any person at the South Dakota Developmental Center whose residence is in another county, shall be refunded with lawful interest by the county of residence.

Source: SL 2000, ch 131, § 41.

27B-3-40. Monthly certification of charges to counties--Payments to state.

Any charges to a county under § 27B-3-35 shall be certified each month by the secretary of the Department of Human Services to the county auditor. The billing shall include an itemized listing of charges. The billing shall be sent to county auditors no later than the fifth day of the month. Upon receiving the billing, the county shall pay the amount due to the state remittance center within the time period established by chapter 4-3.

Source: SL 2000, ch 131, § 42.

27B-3-41. Payments deposited in general fund.

Any payments made in accordance with this chapter for the supports and services of persons at the South Dakota Developmental Center shall be deposited in the general fund.

Source: SL 2000, ch 131, § 43.

27B-3-42. Transfer of resident from state facility to another--Notice before transfer--Emergency transfer.

Any person in a state facility may be transferred to any other state or private facility if the person would benefit from the treatment offered at the facility. A transfer may only be made with the mutual consent of both facilities or agencies. No transfer may occur until all reasonable efforts have been made to consult with the person and the person's nearest relative or guardian. However, the transfer may be effected earlier if necessitated by an emergency. If an emergency situation arises, the required notice shall be given as soon as possible thereafter.

Source: SL 2000, ch 131, § 44.

27B-3-43. Consultation with family and interdisciplinary team before transfer to another state.

The Department of Human Services, upon recommendation of the person's interdisciplinary team, shall consult with the person with a developmental disability and that person's immediate family or guardian regarding any proposed transfer from a facility of this state to a facility of another state pursuant chapter 27A-6.

Source: SL 2000, ch 131, § 45.

27B-3-44. Notice to voluntary resident of release procedures--Right to discharge.

Any person voluntarily entering a facility for persons with developmental disabilities shall be given oral and written notice of release procedures upon admission. Any person voluntarily entering the facility, regardless of age, has the right to discharge within twenty-four hours after request.

Source: SL 2000, ch 131, § 46.

27B-3-45. Temporary detention of voluntary resident--Emergency commitment procedures.

A facility may temporarily detain a voluntarily admitted person with a developmental disability for twenty-four hours after the request for discharge to initiate emergency commitment procedures, pursuant to § 27B-7-38, if the person's interdisciplinary team determines that the person presents an immediate danger to self or others.

Source: SL 2000, ch 131, § 47.

27B-3-46. Discharge of voluntarily admitted resident--Notice to parent or guardian.

The director, based upon the recommendation of the person's interdisciplinary team, may at any time discharge a voluntarily admitted person. If a person with a developmental disability was voluntarily admitted by a parent or guardian, the director shall notify the parent or guardian of the discharge prior to the person's release, in accordance with 42 C.F.R. § 483.440(b)(4)(ii), as of January 1, 2023, and shall notify the parent or guardian of other supports and services available in an alternative setting.

Source: SL 2000, ch 131, § 48; SL 2023, ch 91, § 1.

27B-3-47. Return to facility of resident absent without authority.

Any person with a developmental disability admitted to the facility pursuant to this title who leaves the facility without authorization or fails to return to the facility while on an authorized leave or other authorized absence from the facility, may be returned to the facility.

Source: SL 2000, ch 131, § 49.

27B-3-48. Notice to law enforcement officers of absence of resident without authority--Detention and return to facility.

The South Dakota Developmental Center shall notify the Spink County sheriff and state radio communications of any unauthorized absence from the facility. Any law enforcement officer knowing the whereabouts of any person absent from the facility shall detain the absent person and immediately notify both the South Dakota Developmental Center and the Spink County sheriff. The South Dakota Developmental Center shall arrange for the return of the person with a developmental disability to the facility within forty- eight hours thereafter.

Source: SL 2000, ch 131, § 50.

27B-3-49. Secretary to be informed when no guardian or conservator of adult resident.

If the director of a facility determines that a person eighteen years of age or older with a developmental disability receiving services and supports from the facility requires a guardian or conservator and there is no one qualified and willing to petition for letters of guardianship or conservatorship, the director shall inform the secretary of the Department of Human Services.

Source: SL 2000, ch 131, § 51.

27B-3-50. Evaluation of competence of resident attaining adulthood.

Six months prior to the eighteenth birthday of each person with a developmental disability in the facility, the person shall be evaluated by the facility to determine whether the person is competent to execute an application for voluntary admission.

Source: SL 2000, ch 131, § 52.

27B-3-51. Secretary to be informed when no guardian for incompetent resident attaining adulthood.

If the facility determines after evaluation pursuant to § 27B-3-50, that the person with a developmental disability is not competent to execute an application for voluntary admission or that the person otherwise requires the protective services of a guardian, that person's parent, or if none, another interested person or entity shall be notified and requested to file a petition for the appointment of a guardian. If no petition is filed, the director shall inform the secretary of the Department of Human Services.

Source: SL 2000, ch 131, § 53.

27B-3-52. Criminal background investigation of new employees--Temporary employment--Fees.

Each person hired as an employee at the South Dakota Developmental Center, whose primary duties include patient care or supervision, 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 Developmental 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 Developmental 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, § 4.