What happens after I fill out the petition?
  1. If the Chair determines, after examining the petition, that there is probable cause to believe the person meets the statutory criteria for emergency commitment, he may order law enforcement to apprehend and transport the alleged mentally ill person to an appropriate regional facility. If the person is a nonresident of South Dakota, the Human Services Center in Yankton may be used.
  2. Within 24 hours after apprehension, a qualified mental health professional (QMHP) will complete an examination. The QMHP will immediately report any findings to the Chair. If the QMHP’s examination does not support a finding that the person meets the statutory criteria for involuntary commitment, the person will be released.
  3. If the Chair determines that the statutory criteria have been met, he may order that the person continue to be detained in an appropriate regional facility pending a hearing. Such hearing will be held within 5 days (excluding weekends and holidays) of the person being taken into custody.
    • However, if the person is willing to admit himself on a voluntary basis to a suitable inpatient psychiatric facility or other treatment program, then a hearing will not be held. If such a person is unwilling to admit himself on a voluntary basis, a hearing will be held before the Mental Illness Board. If a majority of the Board finds the alleged mentally ill person meets the statutory criteria by clear and convincing evidence, the Board may order the person to be committed to an appropriate facility or treatment center which constitutes the "least restrictive alternative" for a period not to exceed 90 days.

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1. What symptoms or actions need to be witnessed to get a person committed?
2. What happens after I fill out the petition?
3. If I file a petition to have someone committed do I need to hire my own attorney?
4. Will I have to testify in front of the person that I am asking to have committed?