A Guide to Involuntary Psychiatric Holds in South Dakota

Mental health crises can be frightening and confusing for everyone involved, especially when a loved one is experiencing severe distress or behaving in ways that seem dangerous. In some cases, a person may need to be hospitalized involuntarily for their safety or the safety of others. Each state has its own laws regarding these involuntary holds, and this guide focuses on how these laws work in South Dakota.

What is an Involuntary Hold?

An involuntary psychiatric hold, sometimes called a mental health hold or emergency commitment, is a legal process that allows a person to be temporarily detained and evaluated in a psychiatric facility, even if they do not consent. The purpose is to assess whether the person poses a significant risk to themselves or others due to mental illness. This hold is temporary and subject to legal review. It is not a criminal proceeding, and being placed on a hold does not result in a criminal record.

When is an Involuntary Hold Necessary?

Involuntary holds are typically used in situations where a person:

• Is a danger to themselves, such as expressing suicidal thoughts or attempting serious self-harm.

• Is a danger to others, such as making threats or acting violently due to mental illness.

• Is unable to care for themselves due to mental illness, to the point of significantly neglecting basic needs.

South Dakota law requires that the individual’s behavior must clearly demonstrate a substantial risk of harm, and that the mental illness interferes with their judgment or ability to seek help voluntarily. 

South Dakota Laws

In South Dakota, the primary law governing involuntary psychiatric holds is SDCL Chapter 27A, which deals with mental health commitment procedures. The emergency commitment process is as follows:

1. Initiation: Concerned parties such as family members, friends, police officers, social workers, counselors, doctors, and psychiatrists can all initiate the process by filing a petition.

2. Examination: The individual is examined by a licensed mental health professional or physician to determine if criteria for emergency commitment are met.

3. Detention: If immediate detention is needed, the person may be held at an approved facility for up to 24 hours, pending court approval.

4. Court Involvement: Within that 24-hour period, a petition for emergency commitment must be filed with the circuit court.

5. Probable Cause Hearing: A hearing is required within 5 days (120 hours) of the emergency hold to determine if continued detention is justified.

What Types of Holds are There in South Dakota?

24-Hour Emergency Hold:

• Authorized by law enforcement or a mental health professional when a person appears to be an immediate danger.

• Temporary until a formal petition is filed (must be filed within 24 hours).

• The individual may be held for up to 5 days (120 hours) while they await a hearing.

72-Hour Involuntary Hold:

• If a petition is correctly filed within 24 hours of admission, the court may authorize a hold for up to 72 additional hours (excluding weekends and holidays).

• During this time, the individual’s treatment needs will be carefully assessed by professionals.

Involuntary Commitment (Long-Term):

• Requires a full legal hearing with evidence presented to a judge.

• The court can order treatment at a state hospital or other facility for a longer duration (initially up to 90 days, and renewable if criteria are met).

Patient Rights

According to South Dakota law, immediately after an individual is apprehended for an emergency hold, they must be notified orally and in writing of the following rights:

1. The right to immediately contact a person of choice (Such as a guardian, sibling, partner, or friend)

2. The right to immediately contact and be represented by an attorney 

• The individual also has the right to detest the hold in court. Such hearings, if requested, must take place within 5-7 days, depending on the occurrence of holidays and weekends.

3. The right to be examined by a qualified mental health professional within 24 hours to determine whether the involuntary hold should be continued

4. The right to an independent examination if the hold is continued

5. The right to be informed of the cost of post-commitment proceedings and/or the costs of court-appointed counsel

• The individual must be informed that these costs will be their responsibility.

Guardian Rights

If the person on hold is a minor or has a legal guardian, South Dakota law ensures certain rights and responsibilities:

• Guardians have the right to be notified of the hold and involved in the evaluation and treatment process.

• They can participate in hearings, provide input, and obtain legal representation for the individual.

• For adults under guardianship, the court may evaluate whether the guardian can make informed decisions regarding treatment or whether an independent advocate is necessary.

• Important note: a guardian cannot override an emergency mental health decision if a qualified professional deems the situation dangerous.

Helpful Tips for Friends, Families, & Caregivers

• Stay calm and informed: Understanding the legal process can help you advocate effectively. Take time to be mindful of your own mental well-being during the process.

• Ask questions: Don’t hesitate to ask the facility staff or attorneys to explain legal terms or next steps.

• Document behavior: if you’re concerned about a loved one, documenting their behavior can help professionals make an informed decision. This can also be important in future legal proceedings.

• Seek support: Contact mental health organizations, legal aid services, or local peer support groups for help.

• Follow up: After a hold, make sure to coordinate outpatient care or follow-up treatment to support recovery.

Conclusion

Involuntary psychiatric holds are serious legal tools used to protect individuals during acute mental health crises. In South Dakota, these holds are carefully regulated through state law, with protections in place to ensure fair treatment and due process. Understanding how these holds work can empower families and loved ones to respond compassionately and effectively when someone is in crisis. If you or someone you know is facing this situation, don't navigate it alone – reach out to legal professionals, health providers, and advocacy groups for support.