CHAPTER 27A-15
TREATMENT OF MINORS
27A-15-1 Definition of terms.
27A-15-1.1 Serious emotional disturbance defined.
27A-15-2 Repealed by SL 2012, ch 150, § 20.
27A-15-3 Separation of minors from adult patients--Exception.
27A-15-4 Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional.
27A-15-5 Criteria for admission of minor.
27A-15-6 27A-15-6. Repealed by SL 1992, ch 189, § 8
27A-15-6.1 Repealed by SL 2012, ch 150, § 21.
27A-15-7 27A-15-7. Repealed by SL 1992, ch 189, § 9
27A-15-8 Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.
27A-15-9 Informed consent--Oral and written--Copy to parent and minor.
27A-15-10 Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.
27A-15-11 27A-15-11. Repealed by SL 1992, ch 189, § 13
27A-15-12 Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.
27A-15-13 Denial of admission--Referral to other programs or services.
27A-15-14 27A-15-14, 27A-15-15. Repealed by SL 1992, ch 189, §§ 14, 15
27A-15-15.1 Objection to continued inpatient treatment--Form and execution.
27A-15-15.2 Filing written objection--Notice of right to counsel--Hearing--Possible discharge.
27A-15-15.3 Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest.
27A-15-15.4 Time limit for hearing--Location--Expenses.
27A-15-15.5 Finding of hearing as to minor's residence--Parent's residence--Reopening hearing.
27A-15-15.6 Testimony of mental health professional--Alternatives to inpatient treatment.
27A-15-16 27A-15-16, 27A-15-17. Repealed by SL 1992, ch 189, §§ 16, 17
27A-15-17.1 Independent evaluation within twenty-four hours of objection.
27A-15-18 Discharge prior to hearing ordered by chairman of county board.
27A-15-19 Hearing following objection--Time limit.
27A-15-20 Overrule of minor's objection--Continued treatment or immediate discharge.
27A-15-21 Written comprehensive individualized treatment plan--Basis for plan.
27A-15-22 Review of treatment plan.
27A-15-23 Educational programming.
27A-15-24 Periodic evaluation.
27A-15-25 Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday.
27A-15-26 Discharge upon determination that criteria no longer being met.
27A-15-27 Predischarge plan of aftercare.
27A-15-28 Involuntary commitment.
27A-15-29 Criteria governing involuntary commitment.
27A-15-30 Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents.
27A-15-31 Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.
27A-15-32 Apprehension by police officer for emergency intervention--Jail not used for custody of minor.
27A-15-33 Immediate notification of rights.
27A-15-34 Release if criteria not met--Transportation--Detention if criteria met.
27A-15-35 Appointment of counsel--Conflict of interest.
27A-15-36 Procedure if hearing to be held--Alternative treatment.
27A-15-37 Completion of hearing--Board's determination--Commitment or release.
27A-15-38 Time limit to implement individualized treatment plan--Purpose of plan.
27A-15-39 Educational programming for involuntarily committed minor.
27A-15-40 Periodic review following involuntary commitment--Assessment--Right to refuse treatment.
27A-15-41 Review hearing--Notice--Rights and procedures.
27A-15-42 Additional review hearings--Rights, procedures, and findings.
27A-15-43 Review of treatment plan.
27A-15-44 Predischarge plan of aftercare for involuntarily committed minor.
27A-15-45 Experimental treatments prohibited--Petition for authorization under certain circumstances.
27A-15-46 Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.
27A-15-47 Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.
27A-15-48 Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination.
27A-15-49 Petition to continue treatment with psychotropic medication.
27A-15-50 Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order.
27A-15-51 Treatments continuously monitored--Periodic review--Least restrictive treatment.
27A-15-52 27A-15-52, 27A-15-53. Repealed by SL 2001, ch 150, §§ 1, 2
27A-15-54 Mental health centers may designate interagency teams--Role of teams--Composition.
27A-15-55 27A-15-55 to 27A-15-58. Repealed by SL 2001, ch 150, §§ 4 to 7
27A-15-59 Immunity for local interagency team members.
27A-15-1. Definition of terms.
Terms used in this chapter mean:
(1) "Clinical evaluation," an evaluation of the minor to determine the appropriateness of admission to an inpatient psychiatric facility or continued inpatient treatment. The evaluation shall include a personal interview with the minor and parent, guardian, or other legal custodian, an examination of all relevant available records, a mental status examination of the minor, relevant social history information, and an examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation, including a full probe of the minor's background utilizing all relevant educational, treatment, and other public and private service provider sources;
(2) "Independent clinical evaluation," a clinical evaluation of the minor performed by a qualified mental health professional who:
(a) Is not currently involved in the diagnosis, treatment, or provision of services to the minor;
(b) Is not an employee of the facility to which admission of the minor is sought or to which the minor has been admitted; and
(c) Will not receive monetary benefit by the minor's admission to or continued stay in an inpatient psychiatric facility;
(3) "Minor," a person under eighteen years of age except that for purposes of this title, the term does not include a person who is emancipated under Title 26 or who is married. Any person not included within this definition of minor shall come under this title's provisions which apply to adults;
(4) "Parent," a biological or adoptive parent who has legal custody of the minor, including either parent if the parents have joint legal custody;
(5) "Psychiatric evaluation," an examination conducted by a psychiatrist which includes the history of present illness, past history of medical and psychiatric illness, pertinent psychosocial history, and a mental status examination that enables the formulation of a diagnostic summary.
Source: SL 1991, ch 220, § 291; SL 1994, ch 255, § 1; SL 2000, ch 129, § 18.
27A-15-1.1. Serious emotional disturbance defined.
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.
Source: SL 1994, ch 255, § 2; SL 2000, ch 129, § 19; SL 2013, ch 125, § 7; SL 2016, ch 15, § 9; SL 2017, ch 120, § 1.
27A-15-2. Repealed by SL 2012, ch 150, § 20.
27A-15-3. Separation of minors from adult patients--Exception.
Except as otherwise provided in this section, a minor, whether admitted by a parent or involuntarily committed, may not be placed with adult patients, if the inpatient psychiatric facility maintains a separate unit for minors.
A minor may be admitted or committed to a facility that does not maintain a separate unit for minors, only for acute treatment and evaluation and only for a period not to exceed seven working days. The facility shall provide separate sleeping quarters and separate day areas in which adult patients are not permitted.
A patient who does not meet the definition of a minor, as set forth in § 27A-15-1, but is less than nineteen years of age, may be placed in a separate unit with minors if the patient:
(1) Is enrolled in a high school or pursuing high school equivalency; and
(2) Consents to the placement.
The facility shall provide a separate evaluation program for which specific guidelines must be approved by the Department of Health.
Source: SL 1991, ch 220, § 293; SL 1992, ch 194; SL 2022, ch 86, § 1.
27A-15-4. Application for admission of minor--Emergency admission--Secretary and court not precluded from placing child upon recommendation of qualified mental health professional.
Application for admission of a minor to an inpatient psychiatric facility may be made by a guardian or legal custodian of the person of the minor upon the recommendation for such application by a qualified mental health professional. The provisions of this chapter, including § 27A-15-5, apply to the admission of the minor. The rights and obligations specified for the parent and the minor in this chapter shall be equally applicable to and enforceable by or against the guardian and the minor. Emergency admission of the minor shall be governed by the provisions for involuntary commitment as set forth in this chapter and in this title. Nothing in this section precludes the secretary of the Department of Corrections or the court from placing a child in an inpatient psychiatric facility upon the recommendation of a qualified mental health professional if it is determined the minor meets the applicable criteria.
Source: SL 1991, ch 220, § 294; SL 1992, ch 195, § 1.
27A-15-5. Criteria for admission of minor.
Subject to the provisions of this chapter, a minor may be immediately admitted to an inpatient psychiatric facility by the minor's parent, or such parent-initiated continued inpatient treatment continued if the following criteria are met:
(1) The minor is an individual with a serious emotional disturbance as defined in § 27A-15-1.1;
(2) The minor displays one or more of the following conditions:
(a) Exhibits seriously impaired contact with reality and severely impaired social, academic, and self-care functioning, whose thinking is frequently confused, whose behavior may be grossly inappropriate and bizarre, and whose emotional reactions are frequently inappropriate at the situation;
(b) Manifests long-term behavior problems or suicidal behavior; or
(c) Suffers from severe anxiety, depression, irrational fears and concerns whose symptoms may be exhibited as serious eating and sleeping disturbances, extreme sadness of suicidal proportion, maladaptive dependence on parents, or avoidance of nonfamilial social contact;
(3) The minor needs and is likely to benefit from inpatient treatment at the facility;
(4) The facility has determined that:
(a) Reasonable efforts have been made to provide for the mental health treatment needs of the minor through the provision of less restrictive treatment alternatives to inpatient treatment;
(b) Such alternatives have failed to meet the treatment needs of the minor; or
(c) The condition of the minor is such that less restrictive treatment alternatives are unlikely to meet the mental health treatment or diagnostic needs of the minor; and
(5) The parent has exercised an informed consent to inpatient treatment of the minor.
Source: SL 1991, ch 220, § 295; SL 1994, ch 255, § 3.
27A-15-6.1. Repealed by SL 2012, ch 150, § 21.
27A-15-8. Execution of written application--Explanation of nature of inpatient status--Reference to service center for independent evaluation.
The parent, guardian, or other legal custodian of the minor may execute a written application for the minor's admission. The execution of an application for admission shall be preceded by an explanation by the administrator or facility director to the parent, guardian, or other legal custodian and minor of the nature of inpatient status, including the types of treatment available, the restraints and restrictions to which the minor may be subject, a statement of the parent's, guardian's, or other legal custodian's rights and minor's rights under this title, including the minor's right to object to admission, and the right to view and copy records, under this title. Nothing in this chapter precludes the administrator or facility director or attending psychiatrist from arranging for and referring the parent, guardian, or other legal custodian and minor to the mental health center designated as the service center for the area in which the inpatient psychiatric facility is located for an independent clinical evaluation.
Source: SL 1991, ch 220, § 298; SL 1992, ch 189, § 11; SL 2000, ch 129, § 20.
27A-15-9. Informed consent--Oral and written--Copy to parent and minor.
An informed consent, as defined in subdivision 27A-1-1(12), to inpatient treatment of the minor shall be obtained orally, and in writing upon the application form from the parent. The consent and signed application shall become part of the minor's medical records. In addition, a copy of the signed application and a written statement of the parent's and minor's rights under this title shall be given to the parent and to the minor.
Source: SL 1991, ch 220, § 299; SL 1992, ch 189, § 12.
27A-15-10. Admission immediately upon determination that criteria met--Clinical evaluation--Continued admission--Delivery of clinical evaluation to parent.
After application for admission, the administrator or facility director may immediately admit the minor upon a determination that the criteria in § 27A-15-5 are met. Upon admission, each minor shall have a psychiatric evaluation within forty-eight hours excluding Saturday, Sunday, and holidays and the administrator or facility director shall promptly request all relevant information and records of treatment, education, and other services provided to the minor and arrange for a clinical evaluation of the minor to be conducted within twenty-four hours. If information is not immediately available to complete a clinical evaluation, admission and treatment may be authorized in accordance with the provisions of this chapter by a physician pending the completion of a clinical evaluation within seven days. The parent, guardian, or other legal custodian, all public agencies and all providers of relevant services to the minor shall cooperate with the administrator or facility director and shall promptly deliver information and records upon request and without charge.
Upon completion of the psychiatric and clinical evaluation required in this section, the administrator or facility director may authorize continued admission of the minor to the inpatient psychiatric facility for a period not to exceed forty-five days only upon written findings by the evaluating psychiatrist which reaffirm that the criteria in § 27A-15-5 are met.
A copy of the written psychiatric and clinical evaluation shall be immediately delivered to the parent, guardian, or other legal custodian upon request. If the minor is admitted all information and records subsequently received shall be considered by the evaluator in determining whether continued inpatient treatment is authorized under the criteria in § 27A-15-5. The written psychiatric and clinical evaluation and all records and relevant information shall become part of the minor's medical records.
Source: SL 1991, ch 220, § 300; SL 2000, ch 129, § 21.
27A-15-12. Discharge of minor upon written notice of parent's intent to terminate inpatient treatment--Emergency intervention.
A parent who consented to a minor's admission under this chapter has the right to effect an immediate discharge of the minor upon written notice of the parent's intention to terminate inpatient treatment, unless the facility director, administrator, or attending psychiatrist has probable cause to believe the minor requires emergency intervention under § 27A-15-30 and should remain in the facility, and initiates a mental illness hold. The hold may not exceed twenty-four hours from the facility's receipt of the parent's written notice to terminate. The facility director, administrator, or psychiatrist shall immediately complete and submit a petition for immediate intervention under the provisions of § 27A-15-30 to the chair of the county mental illness board where the minor is located. For purposes of this section, the term, immediately, means the earliest possible time during normal waking hours. If a petition is not filed with the chair within twenty-four hours of the initiation of the hold, the minor shall be discharged. Upon informing a staff member of the inpatient psychiatric facility of the intention to terminate inpatient treatment, the facility shall promptly supply the parent with the required written form. If a § 27A-15-30 petition is completed for submission to the chair of the county board, the minor's admission shall continue pending the decision of the chair under § 27A-15-34.
Source: SL 1991, ch 220, § 302; SL 2013, ch 122, § 7.
27A-15-13. Denial of admission--Referral to other programs or services.
If the administrator or facility director denies admission, he shall refer the parent and minor to other placements, programs, or services that may be appropriate for the minor, including referral to the local interagency team serving the area in which the minor resides.
Source: SL 1991, ch 220, § 303.
27A-15-15.1. Objection to continued inpatient treatment--Form and execution.
A minor who has been admitted to an inpatient psychiatric facility, or an adult on the minor's behalf, shall have the right to execute a written objection to continued inpatient treatment. Upon receipt by a staff member of the facility of an oral or written objection to continued inpatient treatment, the facility shall promptly supply the minor or the adult objecting on the minor's behalf with the required written form and assist in its proper execution. The form shall contain the date and time of its execution and become part of the minor's medical records. A copy of the form shall be immediately delivered to the minor and the adult.
Source: SL 1992, ch 189, § 19.
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.
27A-15-15.3. Determination to hold hearing--Counsel appointed to minor--Attorney's conflict of interest.
If upon completion of the evaluation required in § 27A-15-17.1, it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the minor and inform the minor of the date, time and place of the hearing. In no case shall the minor's attorney be a person who, in the previous two years, has advised or represented the person who admitted the minor or who would otherwise have a conflict of interest.
Source: SL 1992, ch 189, § 20A.
27A-15-15.4. Time limit for hearing--Location--Expenses.
Within five days after the execution of the written objection to continued inpatient treatment, 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 minor shall be provided a hearing on the need for continued inpatient treatment at the facility. The hearing shall be held in the county where the facility is located before the board of mental illness serving that county. The county in which the hearing is held shall pay any expenses, including the transportation of the minor to the hearing, subject to reimbursement by the county ultimately proven to be the minor's county of residence. The provisions of chapter 28-14 do not apply to this section.
Source: SL 1992, ch 189, § 20B; SL 1997, ch 164, § 6; SL 1999, ch 143, § 10.
27A-15-15.5. Finding of hearing as to minor's residence--Parent's residence--Reopening hearing.
A county board of mental illness holding a hearing pertaining to a minor's objection to admission to an inpatient psychiatric facility shall enter a finding regarding the minor's county of residence or a finding that the minor is not a resident of this state. A minor's county of residence shall be the same as his parent's county of residence. A determination of a parent's county of residence shall be based on the criteria of § 28-13-3. If the minor's parents reside in different counties, the minor's county of residence shall be the same as the parent the minor most recently lived with.
A hearing may be reopened with respect to the board's determination of a minor's county of residence under the requirements of § 27A-11A-14.
Additionally, the provisions of §§ 27A-11A-15 to 27A-11A-17, inclusive, apply to this section.
Source: SL 1992, ch 189, § 21.
27A-15-15.6. Testimony of mental health professional--Alternatives to inpatient treatment.
The board of mental illness conducting the hearing as provided in § 27A-15-19 shall order testimony by a qualified mental health professional who shall assess the availability and appropriateness of treatment alternatives including programs other than inpatient treatment. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not considered appropriate. If the board determines that alternatives to inpatient treatment are appropriate, continued inpatient treatment may not be authorized.
Source: SL 1992, ch 189, § 21A.
27A-15-17.1. Independent evaluation within twenty-four hours of objection.
The chairman of the county board shall order an independent clinical evaluation of the minor, including a mental status examination, to be completed within twenty-four hours of the filing of the objection pursuant to § 27A-15-19. Preceding the evaluation, the qualified mental health professional shall identify himself to the minor and explain the nature and purpose of the evaluation, including the fact that it is being performed to assist in the determination of whether inpatient treatment at the facility should continue and that the evaluation may be used as evidence in a hearing before the board of mental illness. The qualified mental health professional shall immediately report his findings to the chairman of the county board.
Source: SL 1992, ch 189, § 17A.
27A-15-18. Discharge prior to hearing ordered by chairman of county board.
If, at any time prior to the hearing required in § 27A-15-19, the chairman of the county board determines that the criteria in § 27A-15-5 are not met, he shall order the administrator or facility director to immediately discharge the minor to the custody of his parent and shall inform the minor's parent of the existence of the local interagency team serving the area where the inpatient facility is located and the interagency team serving the minor's area of residence if in South Dakota and different from the local interagency team. Additionally, the chairman of the board of mental illness shall inform the minor's parent that the purpose of interagency teams is to assist in identifying the least restrictive placements, programs, and services for minors with emotional disturbances and their families. If the minor's parent refuses to take physical custody of the minor, the chairman of the county board shall explain treatment options available to the parent and the child and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source: SL 1991, ch 220, § 308; SL 1992, ch 189, § 18.
27A-15-19. Hearing following objection--Time limit.
Within five days after service of the 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 period, the minor shall be provided a hearing on the need for continued inpatient treatment at the facility. The hearing shall be held in the county where the facility is located before the board of mental illness serving that county. The county in which the hearing is held shall pay any expenses incurred by the board holding the hearing, subject to reimbursement by the county ultimately proven to be the county of residence.
Source: SL 1991, ch 220, § 309; SL 1997, ch 164, § 7; SL 1999, ch 143, § 11.
27A-15-20. Overrule of minor's objection--Continued treatment or immediate discharge.
Upon completion of the hearing provided in § 27A-15-19, the board of mental illness may overrule the minor's objection and authorize continued inpatient treatment at the facility for the duration of the forty-five-day admission period as provided in §§ 27A-15-10 and 27A-15-24, if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that the criteria in § 27A-15-5 are met. Upon such authorization, the board shall notify the minor and his parent of the right to appeal pursuant to § 27A-11A-25.
If the above finding is not made, the board shall order that the minor be immediately discharged to the custody of his parent. If the board finds that any inpatient treatment of the minor is inappropriate under the criteria in § 27A-15-5, such treatment may be authorized only through involuntary commitment procedures, as provided in this chapter. If the minor's parent refuses to take physical custody of the minor, the administrator or facility's director shall explain alternative treatment options available to the parents and the child and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source: SL 1991, ch 220, § 310; SL 1992, ch 189, § 22.
27A-15-21. Written comprehensive individualized treatment plan--Basis for plan.
Within ten days after the admission of a minor by parent, guardian, or other legal custodian under this chapter, the administrator or facility director shall ensure that a written comprehensive individualized treatment plan has been developed and implemented for the minor by appropriate qualified mental health professionals including a psychiatrist, and has been explained to the minor and to the parent, guardian, or other legal custodian consenting to the admission.
The treatment plan shall be based on a diagnostic evaluation that includes examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation and reflects the need for inpatient treatment. The plan shall be designed to maximize each person's development and acquisition of perceptual skills, social skills, self-direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the minor lives and to achieve the minor's discharge from inpatient treatment at the earliest appropriate time. The plan shall include specific behavioral, emotional, and other treatment goals against which the success of treatment may be measured and shall prescribe an integrated program of therapies, experiences, and activities, including recreational and play opportunities in the open air, designed to meet the goals. No plan may consist solely of chemical therapy unless supported by sufficient psychiatric and medical opinion. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with the minor's ability to understand and participate, and the minor's family shall be involved to the maximum extent consistent with the minor's treatment needs. The plan shall include post-discharge plans for placement and aftercare as provided in § 27A-15-27.
Source: SL 1991, ch 220, § 311; SL 2000, ch 129, § 22.
27A-15-22. Review of treatment plan.
The minor's treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor's overall adjustment.
Source: SL 1991, ch 220, § 312.
27A-15-23. Educational programming.
The administrator or facility director shall ensure that the minor receives educational programming consistent with applicable federal and state law.
Source: SL 1991, ch 220, § 313.
27A-15-24. Periodic evaluation.
Within forty-five days after the admission of a minor by parent, guardian, or other legal custodian under this chapter and at least every forty-five days thereafter, a psychiatric evaluation of the minor shall be completed by a psychiatrist to assess the need for continued inpatient treatment. If the psychiatrist determines that the criteria in § 27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of the minor's parent, guardian, or other legal custodian. The refusal of the parent, guardian, or other legal custodian to take physical custody of the minor is not sufficient reason for continued inpatient treatment. In the event of such refusal, the administrator or facility director shall explain alternative treatment options available to the parents, guardian, or other legal custodian and the minor and advise the parent, guardian, or other legal custodian that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
If the psychiatrist concludes that the criteria in § 27A-15-5 continue to be met, the psychiatrist shall so state the reasons in written findings which, along with the clinical evaluation, shall become part of the minor's medical records. The administrator or facility director shall immediately inform the parent, guardian, or other legal custodian who consented to admission of the right to request an independent clinical evaluation.
The administrator or facility director shall also request of the parent, guardian, or other legal custodian an oral and written affirmation of informed consent to inpatient treatment of the minor. Affirmation of the notice to the parent, guardian, or other legal custodian and the parent's, guardian's, or other legal custodian's informed consent shall be in writing and be made part of the minor's medical records. A parent's, guardian's, or other legal custodian's failure to affirm informed consent constitutes notice of intention to terminate inpatient treatment as provided in § 27A-15-12.
Source: SL 1991, ch 220, § 314; SL 1992, ch 189, § 23; SL 2000, ch 129, § 23.
27A-15-25. Minor to be informed of rights prior to sixteenth birthday--Informed consent required upon eighteenth birthday.
Any minor admitted by a parent under this chapter while younger than sixteen years of age shall be informed orally and in writing by the administrator or facility director within five days prior to the minor's sixteenth birthday of his rights, including his right to refuse certain types of treatment as provided in § 27A-15-48.
Any minor admitted by a parent under this chapter shall be informed orally and in writing by the administrator or facility director within five days prior to the minor's eighteenth birthday that continued inpatient treatment requires the minor's informed consent as provided in chapter 27A-8. In addition, the minor shall be given a written statement of his rights as an adult under this title.
Source: SL 1991, ch 220, § 315.
27A-15-26. Discharge upon determination that criteria no longer being met.
If at any time the minor's attending psychiatrist or, if the attending psychiatrist is unavailable, the attending qualified mental health professional determines that the criteria in § 27A-15-5 are no longer met, the minor shall be immediately discharged to the custody of his parent. Parental refusal to take physical custody of the minor is not sufficient reason for continued inpatient treatment. In the event of such refusal, the administrator or facility director shall explain alternative treatment options available to the parents and the child and advise the parents that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source: SL 1991, ch 220, § 316.
27A-15-27. Predischarge plan of aftercare.
A predischarge plan of aftercare for a minor admitted to inpatient treatment under this chapter, by a parent, guardian, or other legal custodian shall be formulated in cooperation with the minor and the minor's family. The plan shall be explained to the minor and the parent, guardian, or other legal custodian who consented to admission, who shall be given a copy thereof. The plan shall:
(1) Specify the services required in the community to meet the minor's needs for treatment, education, housing, nutrition, physical care, and safety;
(2) Specify any income subsidies for which the minor is eligible; and
(3) Identify local and state agencies which can provide service and support to the minor.
The lack of such a plan is not sufficient reason for the continued inpatient treatment of a minor if discharge is otherwise appropriate or required under this title.
Source: SL 1991, ch 220, § 317; SL 2000, ch 129, § 24.
27A-15-28. Involuntary commitment.
A minor may be subject to involuntary commitment utilizing the same procedures, criteria, and rights provided in chapter 27A-10, except as otherwise specifically provided by this chapter.
Source: SL 1991, ch 220, § 318.
27A-15-29. Criteria governing involuntary commitment.
A minor is subject to involuntary commitment if:
(1) The minor is an individual with a serious emotional disturbance;
(2) The minor displays one or more of the conditions listed in subdivision 27A-15-5(2);
(3) As a result of being an individual with a serious emotional disturbance, the minor is a danger to self or others. This includes a determination regarding the ability of the minor to attend to basic human needs that is based upon the age of the minor and reasonable and appropriate expectation of the abilities of a minor of such age to attend to the needs;
(4) The minor needs and is likely to benefit from treatment; and
(5) Delinquent behavior alone does not constitute a serious emotional disturbance as defined in § 27A-15-1.1.
Source: SL 1991, ch 220, § 319; SL 1992, ch 189, § 36; SL 1994, ch 255, § 4.
27A-15-30. Petition for immediate intervention for protection of minor with serious emotional disturbance--Contents.
If any minor is alleged to be an individual with a serious emotional disturbance and in such condition that immediate intervention is necessary for the protection from physical harm to himself or others, any person, eighteen years of age or older, may petition the chairman of the county board of mental illness where such minor is found, stating the factual basis for concluding that such minor is an individual with a serious emotional disturbance and in immediate need of intervention. The petition shall be upon a form and be verified by affidavit. The petition shall include the following:
(1) A statement by the petitioner, on the basis of personal knowledge, that such minor is, as a result of a serious emotional disturbance, a danger to self or others;
(2) The specific nature of the danger;
(3) A summary of the information upon which the statement of danger is based;
(4) A statement of facts which caused the minor to come to the petitioner's attention;
(5) The name, address, and signature of the petitioner and a statement of the petitioner's interest in the case; and
(6) The name of the minor to be evaluated and the address and age of the minor and the name and address of the minor's parents, guardian, or nearest relative.
Source: SL 1991, ch 220, § 320; SL 1993, ch 213, § 127; SL 1994, ch 255, § 5.
27A-15-31. Apprehension and transportation of minor for involuntary commitment--Separation from adult detainees or patients.
After examination of a petition filed pursuant to § 27A-15-30, the chair of the county board may order the apprehension and transportation of a minor who meets the criteria in § 27A-15-30, for involuntary commitment to an appropriate regional facility other than the center. A jail may not be used for the custody of a minor. However, a juvenile detention facility may be used for pre-hearing custody if the availability of other appropriate regional facilities has been explored and exhausted. If an appropriate regional facility maintains a separate unit for minors, a minor may not be confined with adult detainees or patients. A minor may not be confined in an appropriate regional facility that does not maintain a separate unit for minors until the availability of other appropriate regional facilities maintaining a separate unit for minors has been explored and exhausted. If a minor must be placed in a facility that does not have a separate unit for minors, the minor shall be provided separate sleeping quarters and, to the maximum extent possible, separate day areas. Adequate supervision shall be provided. Effective January 1, 1993, appropriate regional facilities shall have a separate unit on which minors may be confined.
Source: SL 1991, ch 220, § 321; SL 1999, ch 139, § 2.
27A-15-32. Apprehension by police officer for emergency intervention--Jail not used for custody of minor.
A peace officer may apprehend any minor that he has probable cause to believe requires emergency intervention under the criteria in § 27A-15-30. The peace officer shall transport the minor to an appropriate regional facility other than the center. A jail may not be used for the custody of a minor. The restrictions and requirements regarding the confinement of a minor with adult detainees or patients in § 27A-15-31, shall apply. All reasonable attempts shall be made to immediately notify the parent, guardian, or other legal custodian of the apprehension and transportation of the minor.
Source: SL 1991, ch 220, § 322.
27A-15-33. Immediate notification of rights.
Immediately after the minor is taken into custody, he shall be notified both orally and in writing of his rights as set forth in §§ 27A-10-5, 27A-10-6, and 27A-10-8 and of his right to immediately contact his parent, guardian, legal custodian, or other persons of his choosing. The minor shall be evaluated as provided in § 27A-10-6.
Source: SL 1991, ch 220, § 323.
27A-15-34. Release if criteria not met--Transportation--Detention if criteria met.
If the evaluation required in § 27A-10-6 does not support a finding that the minor meets the criteria in § 27A-15-29, the minor shall be released. Following such release, the referring county shall provide the minor with transportation to the minor's residence if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. If the chair of the county board finds that the evaluation required in § 27A-10-6 and an investigation of the petition for emergency intervention supports a finding that the minor meets the criteria in § 27A-15-29, the chair may order that the minor continue to be detained pending the hearing required in § 27A-10-8.
Source: SL 1991, ch 220, § 324; SL 1994, ch 255, § 6.
27A-15-35. Appointment of counsel--Conflict of interest.
If upon completion of the evaluation required in § 27A-10-6, it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the minor. In no case shall the minor's attorney be a person who, in the previous two years, has advised or represented the person seeking commitment or who would otherwise have a conflict of interest.
Source: SL 1991, ch 220, § 325.
27A-15-36. Procedure if hearing to be held--Alternative treatment.
If upon completion of the evaluation it is determined that a hearing will be held, the chairman of the board of mental illness which will be conducting the hearing as provided in § 27A-10-8 shall order testimony by a qualified mental health professional who shall assess the availability and appropriateness of treatment alternatives including treatment programs other than inpatient treatment. Such testimony shall include what alternatives are or should be made available, what alternatives were investigated, and why any investigated alternatives are not considered appropriate. If the board determines that an alternative to inpatient treatment is appropriate, commitment for inpatient treatment to the center or other inpatient psychiatric facility may not be ordered and commitment shall be to the least restrictive treatment alternative as required in § 27A-15-37.
Source: SL 1991, ch 220, § 326; SL 1992, ch 189, § 24.
27A-15-37. Completion of hearing--Board's determination--Commitment or release.
Upon completion of the hearing provided in § 27A-10-8, the board of mental illness may order the involuntary commitment of the minor for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law that:
(1) The minor meets the criteria in § 27A-15-29;
(2) The minor needs and is likely to benefit from the treatment which is proposed; and
(3) The commitment is to the least restrictive treatment alternative.
If the above findings are not made, the board shall order that the minor be immediately released and the board chairman shall inform the minor's parent of the existence of an interagency team and that the purpose of an interagency team is to assist in identifying the least restrictive placements, programs, and services for a minor with an emotional disturbance and the minor's family. Upon such release, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the board chair shall advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source: SL 1991, ch 220, § 327; SL 1992, ch 189, § 25; SL 1994, ch 255, § 7.
27A-15-38. Time limit to implement individualized treatment plan--Purpose of plan.
Within ten days after the involuntary commitment of a minor, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that a written comprehensive individualized treatment plan has been developed and implemented as provided in § 27A-15-21, and has been explained to the minor and the minor's parent, guardian, or other legal custodian. If such a treatment plan has not been implemented within ten days, the minor shall be immediately released.
The treatment plan shall be based on a diagnostic evaluation that includes examination of the medical, psychological, social, behavioral, educational, and developmental aspects of the minor's situation and reflects the need for the involuntary treatment. The plan shall be designed to maximize the minor's development and acquisition of perceptual skills, social skills, self-direction, emotional stability, effective use of time, basic knowledge, vocational occupational skills, and social and economic values relevant to the community in which the minor lives and to achieve the minor's discharge from involuntary commitment at the earliest appropriate time. The plan shall include specific behavioral, emotional, and other treatment goals against which the success of treatment may be measured and shall prescribe an integrated program of therapies, activities, and experiences designed to meet the goals. No plan may consist solely of chemical therapy unless supported by sufficient psychiatric and medical opinion. If commitment is to an inpatient psychiatric facility, the plan shall include recreational and play opportunities in the open air. The minor shall be involved in the preparation of the plan to the maximum feasible extent consistent with the minor's ability to understand and participate, and the minor's family shall be involved to the maximum extent consistent with the minor's treatment needs. The plan shall include post-discharge plans for aftercare as provided in § 27A-15-44.
Source: SL 1991, ch 220, § 328; SL 2000, ch 129, § 25.
27A-15-39. Educational programming for involuntarily committed minor.
The administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program shall ensure that the minor receives educational programming consistent with applicable federal and state law.
Source: SL 1991, ch 220, § 329.
27A-15-40. Periodic review following involuntary commitment--Assessment--Right to refuse treatment.
Within ten days after the involuntary commitment of a minor and at least every thirty days thereafter, the administrator, facility director, or, if the minor is committed to a program other than inpatient treatment, the director of such program, shall review the minor's records and assess the need for continued involuntary treatment. At each such time, the administrator or such director shall inform a minor who is sixteen years of age or older both orally and in writing of his right to refuse treatment as provided in § 27A-15-48. If at any time the administrator or such director or the minor's attending qualified mental health professional determines that the minor no longer meets the criteria in § 27A-15-29, the administrator or such director shall immediately release the minor to the care of the minor's parent, legal guardian, or other custodian. Upon discharge of the minor, the referring county shall provide the minor with transportation to the minor's residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. A refusal by the parent, guardian, or other legal custodian to take physical custody of the minor is not sufficient reason for continued commitment. In the event of such refusal, the administrator or such director shall explain alternative treatment options available to the parents and the child and advise the parents that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source: SL 1991, ch 220, § 330; SL 1993, ch 213, § 128; SL 1994, ch 255, § 8.
27A-15-41. Review hearing--Notice--Rights and procedures.
Within forty-five days after the involuntary commitment of a minor who is still under the commitment order, the county board of mental illness which serves the county in which the minor is receiving treatment shall conduct a review hearing in such county to determine if the minor continues to meet the criteria in § 27A-15-29. Notice of the review hearing shall be given to the minor, and his attorney if the minor has retained counsel, at least six days prior to the hearing. If the minor has not retained counsel at the time of the notice, the chairman of the county board shall immediately appoint counsel to represent the minor. In no case may the minor's attorney be a person who, in the previous two years, has advised or represented the facility or program to which the minor is committed or who would otherwise have a conflict of interest. At the time the notice of hearing is given, the minor and his attorney shall be informed of all evidence that will be considered at the review hearing. Any evidence subsequently discovered shall be immediately transmitted to the minor and his attorney. The rights and procedures applicable in relation to an initial commitment hearing shall be applicable in relation to the review hearing except that a petition need not be filed. The board of mental illness may order the continued involuntary commitment of the minor to the same or alternative placement or program for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law, that the criteria in § 27A-15-37 are met. If the board orders the continued involuntary commitment of the minor, it shall immediately notify the minor and his attorney of his right to appeal as provided in § 27A-11A-25. If continued involuntary commitment is ordered, a review hearing as provided in this section shall be conducted at least every forty-five days that the minor remains under commitment.
If the required findings are not made, the board shall order that the minor be immediately discharged from involuntary commitment. Upon such discharge, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the chairman of the board of mental illness shall explain and advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.
Source: SL 1991, ch 220, § 331.
27A-15-42. Additional review hearings--Rights, procedures, and findings.
Notwithstanding the provisions of §§ 27A-15-37 and 27A-15-41, if the board of mental illness orders an initial commitment or a continued commitment, it may also schedule at the time of such initial commitment hearing or at the time of such review hearing and without further notice, a review hearing in addition to the statutory review hearings provided in § 27A-15-41, to determine whether the minor continues to meet the criteria in § 27A-15-37. The rights, procedures, and findings required in § 27A-15-41 shall apply to such additional review hearing. No temporary periods of involuntary commitment may be authorized.
Source: SL 1991, ch 220, § 332.
27A-15-43. Review of treatment plan.
The minor's treatment plan shall be reviewed at least every thirty days by appropriate staff including the attending psychiatrist to determine whether services being provided are necessary and to implement changes in the plan as indicated by the minor's overall adjustment.
Source: SL 1991, ch 220, § 333.
27A-15-44. Predischarge plan of aftercare for involuntarily committed minor.
A predischarge plan of aftercare for a planned discharge of an involuntarily committed minor shall be formulated in cooperation with the minor and the minor's parent, guardian, or other legal custodian. A copy of the plan shall be delivered to the parent, guardian, or other legal custodian. The plan shall:
(1) Specify the services required in the community to meet the minor's needs for treatment, education, housing, nutrition, physical care, and safety;
(2) Specify any income subsidies for which the minor is eligible; and
(3) Identify local and state agencies which can provide services and support to the minor.
The lack of such a plan is not sufficient reason for the continued commitment of a minor when release is otherwise appropriate or required under this title.
Source: SL 1991, ch 220, § 334; SL 1992, ch 189, § 26; SL 2000, ch 129, § 26.
27A-15-45. Experimental treatments prohibited--Petition for authorization under certain circumstances.
Except as otherwise provided herein, no minor may be administered or subjected to experimental procedures or interventions of any type. A parent's, guardian's, custodian's, or minor's consent alone may not authorize such experimental procedures, interventions, or treatments. If the minor's treating psychiatrist determines, in writing, that any experimental treatments are necessary and the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the administrator or facility director shall immediately petition the circuit court pursuant to § 27A-15-49 for authorization to institute such treatment upon the following conditions being met:
(1) The treating psychiatrist's opinion is concurred in by a consulting psychiatrist or, if a consulting psychiatrist is not available, a consulting physician; and
(2) The oral and written informed consent of the parent, or guardian and minor if over sixteen, are obtained.
The parent's or guardian's and minor's informed consent, the treating psychiatrist's determination, and the consulting psychiatrist's or physician's concurrence shall become a part of the minor's medical records.
Source: SL 1991, ch 220, § 335; SL 2013, ch 122, § 8.
27A-15-46. Oral and written informed consent of parent or guardian required for use of psychotropic medication on minor under sixteen.
Except as otherwise provided by this title, psychotropic medication and other forms of treatment may be administered to a minor under the age of sixteen only with the oral and written informed consent of the minor's parent or guardian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose. Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for the improvement of the minor's serious emotional disturbance. The parent's or guardian's informed consent and the treating psychiatrist's determination shall become part of the minor's medical records.
Source: SL 1991, ch 220, § 336; SL 1992, ch 189, § 27; SL 1995, ch 164, § 1; SL 2013, ch 122, § 9.
27A-15-47. Oral and written informed consent of minor and parent required for use of psychotropic medication on minor sixteen or older.
Except as otherwise provided by this title, psychotropic medication and other treatment may be administered to a minor sixteen years of age or older only with the oral and written informed consent of the minor and the minor's parent, legal guardian, or custodian. If oral and written consent are unable to be obtained by the facility within a reasonable time, efforts to obtain such consent shall be documented in the minor's record and either oral or written consent shall then be sufficient for this purpose.
Psychotropic medication may be administered only if prescribed by the minor's treating psychiatrist upon the psychiatrist's written determination that the medication is the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance. The informed consent of the minor and the minor's parent, legal guardian, or custodian and the treating psychiatrist's determination shall become part of the minor's medical records. The failure to obtain the informed consent of the minor shall be treated as a refusal of treatment pursuant to § 27A-15-48.
Source: SL 1991, ch 220, § 337; SL 1992, ch 189, § 28; SL 1993, ch 213, § 129; SL 1995, ch 164, § 2; SL 2013, ch 122, § 10.
27A-15-48. Right to refuse psychotropic medication, convulsive or shock therapy and electric shock--Exception--Parental consent--Judicial determination.
A minor sixteen years of age or older, whether involuntarily committed or admitted by a parent, has the right to refuse psychotropic medication. Such minor also has the right to refuse convulsive or shock therapy or electric shock. If psychotropic medication or convulsive or shock therapy or electric shock is prescribed by the minor's treating psychiatrist upon that treating psychiatrist's written determination that the treatment is the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, which opinion is concurred in by a consulting physician, the treatment may be administered with the informed consent of the minor's parent, guardian, or other legal custodian pending the judicial determination required in § 27A-15-50. Documentation of the minor's refusal, and the treating psychiatrist's written determination and the consulting physician's concurrence shall be made part of the minor's medical records.
Source: SL 1991, ch 220, § 338; SL 2013, ch 122, § 11.
27A-15-49. Petition to continue treatment with psychotropic medication.
If a minor sixteen years of age or older refuses the administration of psychotropic medication and the medication is administered pursuant to § 27A-15-48, the administrator or facility director or, if the minor is committed to a program other than inpatient treatment, the director of such program, shall immediately petition the circuit court for authorization to continue such treatment. The provisions of §§ 27A-12-3.14 and 27A-12-3.17 to 27A-12-3.19, inclusive, shall apply.
Source: SL 1991, ch 220, § 339.
27A-15-50. Court-ordered medication or treatment--Time limit--Notification of parent or guardian--Termination of order.
If the court finds by clear and convincing evidence that the continued administration of the prescribed medication or the treatment requested pursuant to § 27A-15-45 is the least restrictive treatment alternative medically necessary to improve the minor's serious emotional disturbance, the court may authorize the continued administration of the medication or the treatment for a period not to exceed ninety days. The court's order shall be immediately delivered to the administrator or other director and be made part of the minor's medical records. In addition, the court's order shall be immediately delivered to the minor and his parent, guardian, or custodian.
The court's order authorizing the continued administration of the prescribed medication or the treatment shall terminate sooner upon the minor's attaining the age of eighteen, the minor's discharge from the facility or program, the withdrawal of consent by the minor's parent, guardian, or custodian, or withdrawal of the minor's consent required in subdivision 27A-15-45(2), or upon a determination made pursuant to § 27A-15-51, that the administration of the medication or the treatment is no longer the least restrictive treatment alternative medically necessary to improve the minor's serious emotional disturbance.
Source: SL 1991, ch 220, § 340; SL 1993, ch 213, § 130; SL 2013, ch 122, § 12.
27A-15-51. Treatments continuously monitored--Periodic review--Least restrictive treatment.
The administration of psychotropic medication or the provision of treatments pursuant to § 27A-15-45, to a minor pursuant to this chapter shall be continuously monitored by the minor's treating psychiatrist. The treatment shall be reviewed and approved as being the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance at least every thirty days by the treating psychiatrist and the medical director of the facility or, if the facility does not have a medical director, a consulting psychiatrist or physician after a personal examination of the minor. If the treating psychiatrist or the medical director or such consulting psychiatrist or physician determines that the treatment is no longer the least restrictive treatment alternative medically necessary for improvement of the minor's serious emotional disturbance, the treatment shall be immediately terminated. A copy of the personal examination and the treating psychiatrist's and the medical director's or consulting psychiatrist's or physician's determinations shall be made part of the minor's medical records.
Source: SL 1991, ch 220, § 341; SL 2013, ch 122, § 13.
27A-15-54. Mental health centers may designate interagency teams--Role of teams--Composition.
Each mental health center may designate one or more local interagency teams in each of the state's mental health service areas. The local interagency teams may assist in identifying appropriate placements, programs, and services for minors with emotional disturbances and their families. Any local interagency team shall include a parent of a child with an emotional disturbance who resides within the service area.
Source: SL 1991, ch 220, § 344; SL 1992, ch 189, § 31; SL 2001, ch 150, § 3.
27A-15-59. Immunity for local interagency team members.
Any person serving as a member of a local interagency team as provided for in § 27A-15-54 whose action in the identification of placements, programs, and services for minors with emotional disturbances and their families pursuant to the provisions of this chapter is made in good faith and in the best interest of the child, is immune from any civil liability that might otherwise be incurred or imposed.
Source: SL 1994, ch 226; SL 2001, ch 150, § 8.
