27A-8-11.2. Commitment of voluntary patient who has not applied for release--Reasons.An inpatient psychiatric facility director, the center administrator or an attending psychiatrist may file a petition pursuant to §27A-10-1 for the commitment of a voluntary patient if clinically indicated, even though a written notice of intention to terminate inpatient treatment has not been received. Reasons for the filing of such petition shall be limited to the following:(1)The facility director, the center administrator, or attending psychiatrist has probable cause to believe that the patient meets the criteria in §27A-1-2; and(2)The patient, including a person admitted upon exercise of a substituted informed consent by a guardian or a next of kin pursuant to §27A-8-1, is unwilling or unable to consent to treatment deemed necessary by the treating physician and there are no other appropriate treatments to which the patient is willing or able to consent; or(3)The patient is unable or unwilling to affirm consent to continued admission as required in §27A-8-17. Source: SL 1987, ch 198, §12; SL 1991, ch 220, §60; SL 1992, ch 190, §4C.
South Dakota Legal Code