Laurie Gill
Cabinet Secretary

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Access to Inpatient Chemical Dependency Treatment for Adults

(Gateway Treatment Program)

The first step for accessing inpatient chemical dependency treatment for adults is working with community alcohol and drug providers to have an assessment completed.  This assessment will help determine what problem areas exist and help determine the appropriate level of services.  If that assessment shows a need for inpatient care the counselor that completed your assessment at the community alcohol and drug agency will then work with treatment centers availability.  If an opening is available and it is determined that the person meets criteria to be at the Gateway Program at HSC, a referral will be sent to the Division of Community Behavioral Health (DCBH) in Pierre, SD. 

Once approved, medical clearance will need to be obtained; the Admissions Chemical Dependency Counselor at HSC will work to verify all medications and medical conditions through doctor’s records, etc.  Once clearance has been obtained, an admission date will be given based on availability. 

The admission fee of $600 will need to be paid upon admission.  Arrangements for payment of this fee can be made with the HSC Business Office at 605.668.3108 or seek assistance with the local county welfare office.  For specific questions pertaining to this process please call the Admissions Chemical Dependency Counselor at 605.668.3218. 

When seeking help for someone who may not be willing to enter treatment voluntarily please see the Involuntary Chemical Dependency Commitment process below. 

Chemical Dependency Involuntary Commitment
Step 1 – Petition for Involuntary Commitment

  1. Who May Apply:  Any Responsible Person, for example, spouse, relative, friend, or physician
  2. Where To Apply:  Clerk of Courts in the county in which the person resides or is currently present. 
  3. Legal Investigation and Petition:  Clerk of Courts will take written application completed by any responsible person and present to Judge who will appoint an attorney to represent applicant (now referred to as Petitioner).  Within five days, the attorney completes and submits a petition and report to the courts alleging:
    1. That the person to be committed (now referred to as respondent) is an alcoholic or drug abuser who habitually lacks self-control as to the use of alcoholic beverages or other drugs; AND
      1. Has threatened, attempted, or inflicted physical harm on themselves or on another and that unless committed is likely to inflict harm themselves or another; OR
      2. Is incapacitated by the effects of alcohol or drugs; OR
      3. Is pregnant and abusing alcohol or drugs.

**A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.**

  1. Chemical Dependency Counselor’s Certificate:  Must be completed within two days prior to the filing of the petition, it must support the allegations in the petition, and include treatment recommendations that can include:  inpatient treatment, outpatient treatment, day treatment, or halfway house services.  (If respondent refuses to meet with Counselor for completion of certificate this shall be documented in the petition).
  2. Petition, Attorney’s Report, and Counselor’s Certificate must be filed with the courts and the courts will set a hearing date within 10 days.

Step 2 – Judicial Hearing for Involuntary Commitment

  1.  Right to Attorney:  Respondent has the right to have his/her own attorney. 
  2. Testimony in Court:  Petitioner and Counselor may be asked to testify at court hearing.
  3. Decision:  Courts will determine if commitment criteria are met based on testimony of petitioner and Chemical Dependency Counselor.

Step 3- Commitment

  1.  Treatment services will be arranged by the counselor completing the Chemical Dependency Certificate based on their prior recommendations.
  2. The involuntary commitment period is for up to 90 days and this can include inpatient, halfway house, or outpatient services. 

For further information on this process please see the Roadmap of South Dakota’s Substance Abuse Involuntary Commitment on the Division Behavioral Health’s website.