§ 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.

Legislative History

SL 1991, ch 220, § 330; SL 1993, ch 213, § 128; SL 1994, ch 255, § 8.