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Home » US Law » 2022 South Dakota Codified Laws » Title 27A - Mentally Ill Persons » Chapter 13 - Costs Of Care And Treatment In State Facilities » Section 27A-13-20 – Appeal to circuit court from attorney general’s determination as to residence of patient.

27A-13-20. Appeal to circuit court from attorney general’s determination as to residence of patient.

If any county is dissatisfied with the determination of residence entered by the attorney general, such county may appeal to the circuit court, by filing and serving a notice of appeal upon the attorney general and upon one of the members of the board of county commissioners of the county adversely interested, within thirty days from the date of such determination, and thereupon the circuit court shall conduct a trial de novo and, by a preponderance of evidence, determine the residence of such patient and determine against what county he is a proper charge, and such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.

Source: SDC 1939, §30.0215; SL 1939, ch 117; SDCL, §27-9-24; SL 1986, ch 227, §11.