27A-15-37. Completion of hearing--Board's determination--Commitment or release. Upon completion of the hearing provided in § 27A-10-8, the board of mental illness may order the involuntary commitment of the minor for a period not to exceed forty-five days if a majority of the board finds by clear and convincing evidence, supported by written findings of fact and conclusions of law that:

(1) The minor meets the criteria in § 27A-15-29;

(2) The minor needs and is likely to benefit from the treatment which is proposed; and

(3) The commitment is to the least restrictive treatment alternative.

If the above findings are not made, the board shall order that the minor be immediately released and the board chairman shall inform the minor's parent of the existence of an interagency team and that the purpose of an interagency team is to assist in identifying the least restrictive placements, programs, and services for a minor with an emotional disturbance and the minor's family. Upon such release, the referring county shall provide the minor with transportation to his residence, if such residence is in the State of South Dakota. If the minor resides outside the State of South Dakota, transportation shall be provided to the place where the minor was apprehended. In the event that the minor's parent, guardian, or other legal custodian refuses to take physical custody of the minor, the board chair shall advise the parent that refusal to take physical custody of the minor upon discharge will result in immediate notice to the state's attorney for further action.

Source: SL 1991, ch 220, § 327; SL 1992, ch 189, § 25; SL 1994, ch 255, § 7.