ARSD 67:62:04:03. Refusal to serve a child with a serious emotional disturbance or an adult with a serious mental illness -- Alternate provider

A center shall serve any client who meets the serious emotional disturbance or serious mental illness criteria, pursuant to § 67:62:11:01 or 67:62:12:01, and the financial eligibility criteria. If a center refuses services to a client who meets these criteria, the department may reduce the contract for the center, in order to purchase necessary services from an alternate provider. In order for a center to refuse services to any client who meets the above criteria without an impact to the center's contract, a center must: (1) Provide written notice of the refusal to the department within seventy-two hours of the action; (2) Offer emergency services to the client, until the client can be relocated to another service area or alternate services are arranged; and (3) Arrange for appropriate mental health services for the client with another provider.