South Carolina Code of Regulations Chapter 87 - DEPARTMENT OF MENTAL HEALTH
1. Purpose and Legal Authority of Chapter 87
Chapter 87 implements and supplements the South Carolina Department of Mental Health’s (SCDMH) statutory authority under Title 44 of the South Carolina Code, especially provisions governing:
Public mental health services
Civil commitment
Patient rights and protections
Operation of state psychiatric facilities
Community mental health programs
The regulations are administrative law, meaning:
They have the force of law
They must be consistent with statutes
Courts defer to them unless they conflict with constitutional or statutory rights
Judicial Principle
South Carolina courts consistently hold that DMH regulations are valid unless arbitrary, capricious, or contrary to statute.
Key case concept:
Courts will not substitute their judgment for DMH’s professional expertise unless legal rights are violated.
2. Admission, Commitment, and Discharge Procedures
A. Voluntary Admission
Chapter 87 governs:
Who may apply for voluntary admission
Consent requirements
Patient’s right to request discharge
Legal meaning
A voluntarily admitted patient retains the right to leave, subject only to short emergency detention if dangerousness is suspected.
Case Law
In re Matthews, 345 S.C. 638 (2001)
The South Carolina Supreme Court emphasized that voluntary patients cannot be converted to involuntary status without strict compliance with statutory and regulatory procedures.
This protects against informal or coercive confinement.
B. Emergency and Involuntary Commitment
Chapter 87 works alongside statutory commitment laws to regulate:
Emergency detention
Physician certification
Timelines for judicial review
Documentation requirements
Core regulatory principle
Commitment must be based on current mental illness and likelihood of serious harm
Procedural safeguards are mandatory
Case Law
Ex parte McCarter, 318 S.C. 199 (1995)
The court ruled that failure to strictly follow commitment procedures violates due process, even when mental illness is undisputed.
This case is frequently cited for the rule that:
Public safety concerns do not excuse procedural shortcuts.
3. Patient Rights and Protections
Chapter 87 codifies patient rights, including:
Humane treatment
Freedom from abuse or neglect
Confidentiality of records
Religious freedom
Communication with counsel and courts
Participation in treatment planning
Confidentiality
DMH must protect mental health records except where disclosure is:
Authorized by law
Required for treatment
Ordered by a court
Case Law
South Carolina Dep’t of Mental Health v. Hanna, 270 S.C. 210 (1978)
The court recognized that mental health records receive heightened confidentiality protections, but may be disclosed when a compelling legal interest exists.
4. Use of Restraints, Seclusion, and Emergency Measures
Chapter 87 tightly regulates:
When restraints or seclusion may be used
Duration and monitoring
Documentation and review
Medical necessity requirements
Regulatory standard
These measures are last resorts
Must be used only to prevent immediate harm
Never as punishment or convenience
Judicial Interpretation
South Carolina courts treat misuse of restraints as:
A potential civil rights violation
Evidence of negligence or abuse if not properly justified
Courts require:
Clear documentation
Professional judgment
Compliance with regulatory safeguards
5. Treatment Planning and Professional Standards
Chapter 87 requires:
Individualized treatment plans
Periodic review and updates
Multidisciplinary involvement
Treatment in the least restrictive environment
Least Restrictive Alternative
This is a core principle repeated throughout the regulations.
Case Law
In re Matthews (again)
The court emphasized that treatment decisions must consider whether less restrictive alternatives are available, especially when continued confinement is at issue.
6. Discharge, Transfer, and Aftercare
The regulations govern:
Discharge planning
Transfer between facilities
Coordination with community services
Continuity of care
Legal significance
Improper discharge can expose DMH to:
Negligence claims
Due process violations
Failure-to-protect allegations
Courts examine:
Whether discharge decisions followed regulatory standards
Whether foreseeable risks were reasonably addressed
7. Licensing, Facility Operations, and Oversight
Chapter 87 also addresses:
Facility standards
Staffing requirements
Recordkeeping
Internal review mechanisms
Judicial stance
Courts generally defer to DMH operational decisions unless:
Regulations are ignored
Rights are violated
Actions are arbitrary or discriminatory
8. Relationship Between Chapter 87 and Constitutional Law
South Carolina courts interpret Chapter 87 through the lens of:
Due Process (U.S. & S.C. Constitutions)
Equal Protection
Right to liberty and bodily integrity
Key legal rule
Mental illness alone does not justify confinement; compliance with both regulatory and constitutional standards is required.
9. Practical Legal Impact
Chapter 87 is commonly invoked in:
Involuntary commitment hearings
Habeas corpus petitions
Civil rights lawsuits
Medical negligence cases
Guardianship and competency disputes
Failure to comply can result in:
Release of patients
Suppression of evidence
Civil liability
Injunctions against DMH practices
10. Summary
Chapter 87 functions as the procedural backbone of South Carolina’s public mental health system, ensuring that:
Treatment is lawful, humane, and justified
Patient rights are protected
Professional discretion is balanced by accountability
South Carolina courts consistently enforce these regulations as mandatory safeguards, not optional guidelines.
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