The director, based upon the recommendation of the person‘s interdisciplinary team, may at any time discharge a voluntarily admitted person. If a person with a developmental disability was voluntarily admitted by a parent or guardian, the director shall notify the parent or guardian of the discharge prior to the person’s release, in accordance with 42 C.F.R. § 483.440(b)(4)(ii), as of January 1, 2023, and shall notify the parent or guardian of other supports and services available in an alternative setting.

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Terms Used In South Dakota Codified Laws 27B-3-46

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 2000, ch 131, § 48; SL 2023, ch 91, § 1.