27A-11A-23. Fund designated for expenses of commitment proceeding. The compensation, fees, and expenses in any commitment proceeding shall be allowed and paid out of a fund designated for that purpose in the county treasury in the usual manner, if there is a sufficient amount in such fund to pay the same, and if not, it […]
27A-11A-24. Rules of evidence. The rules of evidence shall be followed at all hearings and reviews held pursuant to this title. Source: SL 1991, ch 220, §161.
27A-11A-25. Appeal of final order–Costs for indigent person. A person may appeal a final order of a county board of mental illness pursuant to any hearing or review conducted under this title. In the case of a minor, or a person for whom the guardian has been appointed, such right to appeal may be exercised […]
27A-11A-26. Appointed attorney not guardian ad litem. An attorney appointed under the provisions of this chapter shall advocate the legal rights of the person and otherwise fully represent him. The attorney shall not act as a guardian ad litem. Source: SL 1991, ch 220, §163.
27A-11A-27. Guardianship of estate unaffected by board proceedings. The findings, order, or judgment of a board of mental illness may not affect any guardianship proceeding instituted before or after such findings, order, or judgment by any court having jurisdiction in such cases, excepting that the provisions of this title shall control the custody, treatment, care, […]
27A-11A-28. Location and conduct of hearings and reviews. Hearings and reviews provided by this title shall be conducted in a courtroom of the county courthouse or such other place within the designated county as the chairman of the county board may designate with due regard to the rights, safety, and comfort of the person. Source: […]
27A-11A-3. Filing of board papers with clerk of courts–Confidentiality and access. The chairman or acting chairman of the board of mental illness shall cause to be filed in the office of the clerk of courts all papers and any other records of proceedings connected with any inquest of the board, and properly belonging to his […]
27A-11A-4. State’s attorney to represent petitioners–Reasonable costs. In any proceeding for involuntary commitment, review, or detention, or in any proceeding challenging commitment or detention, the state’s attorney for the county in which the proceeding is held shall represent the petitioner and shall defend all challenges to commitment or detention. The county ultimately shown to be […]
27A-11A-5. Personal service of petition and notice of hearing–Contents of notice. Copies of the petition and notice of hearing shall be personally served forthwith on the person prior to the hearing by the sheriff, or a constable, or an elector of any state not a party to the action that is specifically designated by the […]
27A-11A-6. Sheriff’s and witnesses’ fees. The sheriff shall be allowed the same fee as for like services in other cases. The witnesses shall be allowed the same fees as the witnesses in the circuit court. Source: SDC 1939, §30.0120; SL 1951, ch 155; SL 1959, ch 174, §1; SL 1961, ch 154; SL 1963, ch […]
27A-11A-7. Assignment of counsel to represent alleged mentally ill person–Time allowed. If upon the completion of the evaluation required in §27A-10-6 it is determined that a hearing shall be held and the alleged mentally ill person has not or cannot employ his own counsel, the chairman of the board of mental illness where the hearing […]
27A-11A-8. Interrogatories to be answered with health professional’s certificate or examination. If a hearing is held on a petition for involuntary commitment, correct answers to the following interrogatories, so far as they can be obtained, shall accompany the report of the qualified mental health professional’s initial examination, which shall be provided to the person’s attorney […]
27A-11A-9. Expenses of evaluation–Additional examination. The referring county shall pay any expenses of the evaluation required in §§27A-10-6 and 27A-15-17.1, subject to reimbursement by the county ultimately proven to be the county of residence. No lien may be placed against the person for the costs incurred in completing the evaluation required in §§27A-10-6 and 27A-15-17.1. […]
