STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

September 8, 1975

Mr. David Vigen, Executive Director
South Dakota Board of
Charities and Corrections
State Capitol Building
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-154

Escape status of a voluntary patient from the Human Services Center

Dear Mr. Vigen:

You have requested our opinion in regard to the following matter:

May a voluntary patient on escape status be returned to the Human Services Center against his will by a police officer or a staff member of the center?

Relevant statutes provide:

SDCL 27-4-27. If any patient shall escape from the hospital, the administrator shall cause immediate search to be made for such patient, and if the patient cannot be found, he shall cause notice of such escape to be forthwith given to the county board of mental illness of the county where the patient belongs; and if such patient is found, a local law enforcement officer shall return him to the South Dakota Human Services Center.

SDCL 27-4-13.1. Notice to voluntary patients of release procedure-Display in wards-Rights of voluntary patients.-Every person voluntarily entering the center shall be given a separate written notice of release procedures and be orally informed of release procedures. Detailed release procedures for voluntary admittance shall be permanently and prominently displayed in every ward. All persons voluntarily entering the center shall have the right to discharge upon request as provided in §§ 27-4-13.2 to 27-4-13.4, inclusive.

SDCL 27-4-13.2. Maximum period of hospitalization for adult voluntary patient after notice of intent to terminate.-Except as is provided in § 27-4-13.5, a voluntary patient eighteen years of age or over shall not be hospitalized more than five days, excluding Sundays and holidays, after he has given written notice of his intention to terminate his hospitalization and leave the hospital.

SDCL 27-4-13.3. Maximum period of hospitalization for minor voluntary patient after notice of intent to remove.-Except as is provided in § 27-4-13.5, a voluntary patient less than eighteen years of age shall not be hospitalized more than five days, excluding Sundays and holidays, after his parent, guardian, or person in loco parentis has given written notice of his intention to terminate the hospitalization and to remove the patient from the hospital.

SDCL 27-4-13.4. Form supplied for termination of voluntary hospitalization.- When the center is told of an intention to terminate hospitalization under § 27-4-13.2 or § 27-4-13.3, it shall promptly supply the required written form.

SDCL 27-4-13.1 provides that all persons who voluntarily enter the Yankton Human Services Center shall have the right to discharge upon request as provided in Sections 27-4-13.2 to 27-4-13.4 inclusive. SDCL 27 -4-13.2 to 27-4-13.4 inclusive provide that when a voluntary patient desires to withdraw from the hospital, he shall not be hospitalized more than five days, excluding Sundays and holidays, after written notice has been given of his intention to terminate his hospitalization.

It is my opinion that the above statutes provide authority for the hospital to delay release of a voluntarily admitted patient, for a period of up to five days, excluding Sundays and holidays, after written notice of the patient's intent to terminate hospitalization has been given. Once a patient is voluntarily committed, the provisions of SDCL 27-4-13.2 to 27-4-13.4 inclusive constitute a limitation on the patient's right to immediate release from the hospital.

With respect to the question you ask concerning return of a voluntary patient on escape status by a staff member of the Center, it is my opinion that SDCL 27-4-27 would require the involvement of a local law enforcement officer if such patient needs to be returned "against his will."

Respectfully submitted,

William Janklow
Attorney General

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