South Dakota Codified Laws 34-20A-73. Hearing on petition–Service–Right to be represented
Upon filing of a petition under § 34-20A-70, the court shall fix a date for a hearing no later than ten days, excluding Saturdays, Sundays, and legal holidays, after the date the petition was filed. A copy of the petition and of the notice of the hearing, including the date fixed by the court, must be personally served on the person whose commitment is sought and served by mail on the petitioner, the person’s next of kin other than the petitioner, a parent or guardian if a minor, the administrator in charge of the approved treatment facility to which the person has been under emergency detainment, if applicable, and any other person the court believes advisable.
Upon service of the petition, the person whose commitment is sought must be notified, in writing, of the person’s right to be represented by counsel at every stage of any proceedings relating to commitment, and that if the person is unable to obtain counsel, the court may appoint one to the person.
Terms Used In South Dakota Codified Laws 34-20A-73
- 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 1974, ch 240, § 12 (b); SL 1985, ch 277, § 24; SL 1993, ch 213, § 225; SL 2022, ch 108, § 14; SL 2023, ch 117, § 10.