27A-14-1. Discretionary discharge of voluntary patient.

The administrator or facility director may at any time discharge a voluntary patient whom the administrator or facility director deems suitable for discharge.

Source: SL 1975, ch 181, § 130; SDCL Supp, § 27-10-2.1; SL 1991, ch 220, § 275.



SDLRC - Codified Law 27A-14-1 - Discretionary discharge of voluntary patient.

27A-14-1.1. Notification to guardian that inpatient treatment no longer required.

If the administrator or facility director or attending psychiatrist has determined that a person under a guardianship has received maximum benefits of inpatient treatment and no longer requires such treatment, and is eligible and has been accepted for placement or treatment in a community setting, the guardian shall be so notified. The guardian shall remove the person within three days upon such notification. If the guardian fails to remove the person, the administrator shall notify the court where the guardianship proceedings were held for further disposition.

Source: SL 1991, ch 220, § 286.



SDLRC - Codified Law 27A-14-1 - Discretionary discharge of voluntary patient.

27A-14-1.2. Release by Human Services Center administrator prior to hearing--Transportation.

If, prior to the hearing required in § 27A-10-8, the administrator of the South Dakota Human Services Center determines that the person no longer meets the commitment criteria, that person shall be released and his record sealed in accordance with the provisions of state law. Following such release, the referring county shall provide the person with transportation to the county where he was taken into custody if the person so chooses.

Source: SL 1991, ch 220, § 287.



SDLRC - Codified Law 27A-14-1 - Discretionary discharge of voluntary patient.

27A-14-1.3. Release by facility director--Notification to board chairman.

If, prior to the hearing required in § 27A-10-8, the director of the facility where the person is detained determines that the person no longer meets the commitment criteria, the director shall so notify the county board chairman. If the chairman agrees, the person shall be released and his record sealed in accordance with the provisions of state law. Following such release, the referring county shall provide the person with transportation to the county where he was taken into custody if the person so chooses.

Source: SL 1991, ch 220, § 288.



SDLRC - Codified Law 27A-14-1 - Discretionary discharge of voluntary patient.

27A-14-1.4. Leave status--Limit--Reviews and hearings.

A patient, upon approval of the administrator or facility director, may be placed on a leave status from the center or facility. The patient's legal admission status at the center or facility shall remain in effect. Leave may not be longer than thirty days and may not extend beyond the duration of any involuntary commitment under which the patient was admitted. While on leave, an involuntarily committed patient shall receive all the reviews and hearings as mandated by this title or be discharged.

Source: SL 1991, ch 220, § 289.