South Dakota Codified Laws 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;
Terms Used In South Dakota Codified Laws 27A-15-37
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(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.