STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

September 1, 1974

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

OFFICIAL OPINION NO. 74-37

Juvenile Mental Health Division must be located at South Dakota Human Services Center.

Dear Mr. Vigen:

You have submitted the following factual situation:

A group home would be established utilizing the dormitory facilities of Yankton College in order to offer support for students who have made considerable progress in the Adolescent Treatment Program at the South Dakota Human Services Center but who continue to need supportive environment if long term progress is to be achieved. Also, to offer direct admission possibilities to youth who do not require hospitalization but who could use the supportive environment of group home living.

The program would be supported by funds approved for allocation by Title I and L.E.A.A.

You have requested an opinion on the following question:

Does the South Dakota Code allow the Board of Charities and Corrections and/or the South Dakota Human Services Center to establish any kind of treatment facility that is not physically connected with the campus of the Human Services Center?

Article XIV, Section 1, of the South Dakota Constitution reads as follows:

The charitable and penal institutions of the State of South Dakota shall consist of a penitentiary, insane hospital, a school for the feeble-minded, and a reform school.

Article XIV, Section 2, of the South Dakota Constitution reads as follows:

The state institutions provided for in the preceding section shall be under the control of the state board of charities and corrections, under such rules and restrictions as the Legislature shall provide; such board to consist of not to exceed five members, to be appointed by the Governor and confirmed by the Senate, and whose compensation shall be fixed by law.

SDCL 27-4-1 reads as follows:

The state hospital for the mentally ill is now established and located on the southwest quarter of section thirty-six, township ninety-four north, range fifty-six west of the fifth principal meridian, and adjacent land owned by the hospital, near the city of Yankton, in Yankton county, shall be known as the South Dakota human services center, and shall be under the direction and control of the state board of charities and corrections.

SDCL 27-4-23 reads as follows:

The board of charities and corrections is hereby authorized to establish a juvenile mental health division at Yankton state hospital. Such division shall provide for the care, treatment and education of mentally disturbed children.

The only authority to establish a Juvenile Mental Health Division by the Board of Charities and Corrections is SDCL 27-4-23. It is my opinion that this division may only be established at and located at the South Dakota Human Services Center. It is my opinion the answer to your specific question is NO, however, the authority to establish a Juvenile Mental Health Division, other than at the South Dakota Human Services Center, may be accomplished if the Legislature so desires.

Respectfully submitted,

Kermit A. Sande
Attorney General

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