§ 34-20A-73 — Hearing on petition--Service--Right to be represented.

South Dakota § 34-20A-73

• Jurisdiction: South Dakota
• Title 34: PUBLIC HEALTH AND SAFETY
• Ch. 34-20: TREATMENT AND PREVENTION OF ALCOHOL AND DRUG ABUSE

Text

Upon filing of a petition under § 34-20A-70 , the court shall fix a date for a hearing no later than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, must be personally served on the person whose commitment is sought and served by mail on the petitioner, the person's next of kin other than the petitioner, a parent or guardian if a minor, the administrator in charge of the approved treatment facility to which the person has been under emergency detainment, if applicable, and any other person the court believes advisable. Upon service of the petition, the person whose commitment is sought must be notified, in writing, of the person's right to be represented by counsel at every stage of any proceedings relating to commitment, and that if the person is unable to obtain counsel, the court may appoint one to the person.

Legislative History

SL 1974, ch 240, § 12 (b); SL 1985, ch 277, § 24; SL 1993, ch 213, § 225; SL 2022, ch 108, § 14; SL 2023, ch 117, § 10.