Grijalva v

United States, 289 F. Supp. 2d 1372 (M.D. Ga. 2003). Trial court erred in denying a recommendation filed by the Department of Behavioral Health and Developmental Disabilities that a patient be moved to a group home for outpatient involuntary treatment because the preponderance of the evidence supported a finding that the patient overcame the presumption under former O.C.G.A. § 24-4-21 (see now O.C.G.A. § 24-14-21) of a continued need for inpatient involuntary treatment, and there was no evidence to support the trial court’s finding that under O.C.G.A. § 37-3-1(9.1), the patient posed a substantial risk of imminent harm to the patient or others or was so unable to care for the patient’s own physical health and safety as to create an imminently life-endangering crisis; the group home would have only two other suitable patient occupants, both of whom would be under the supervision of live-in supervisors and would have little opportunity to pressure the patient into misconduct, the patient would not be permitted to leave the group home unsupervised, the manager of the group home testified that as soon as patients were admitted into the group home and evaluated, an individualized service plan was created, and there was no statutory requirement that a plan exist prior to release. Nelor v. State, 309 Ga. App. 165, 709 S.E.2d 904 (2011). Definition of mentally ill outpatient not met. — There was no evidence to support a finding that without involuntary treatment, the defendant, who had a good insight into the defendant’s condition and was compliant and independently caring for self, would be a danger of immi- 37-3-1 nently becoming an inpatient again and, thus, the defendant did not fit the definition of mentally ill outpatient. Coogler v. State, 324 Ga. App. 796, 751 S.E.2d 584 (2013). Primary treating physician acting as chief medical officer. — It is reasonable to permit a primary treating physician to act as chief medical officer for purposes of the discharge of his or her patients. Georgia Dep’t of Human Resources v. Peeks, 261 Ga. 96, 403 S.E.2d 36 (1991). When a hospital’s chief medical officer appointed a patient’s primary treating physician to act as chief medical officer for purposes of discharging a patient, the officer’s failure to make the appointment in writing did not vitiate the appointment. Georgia Dep’t of Human Resources v. Peeks, 261 Ga. 96, 403 S.E.2d 36 (1991). Mental health records of a person who allegedly shot a number of people in a shopping mall were ‘‘clinical records’’ within the meaning of paragraph (2) of O.C.G.A. § 37-3-1, and therefore not subject to inspection under the Open Records Act, O.C.G.A. § 50-18-70 et seq. Southeastern Legal Found., Inc. v. Ledbetter, 260 Ga. 803, 400 S.E.2d 630 (1991). Defendant failed to prove sanity. — Defendant failed to prove that the defendant was not insane when the evidence indicated, inter alia, that the defendant had multiple fixed delusions, including believing to be a secret service agent and owning the hospital where the defendant was committed. Gross v. State, 262 Ga. App. 328, 585 S.E.2d 671 (2003). Cited in Strickland v. Peacock, 88 Ga. App. 384, 77 S.E.2d 20 (1953); Pennewell v. State, 148 Ga. App. 611, 251 S.E.2d 832 (1979); Bell v. State, 244 Ga. 211, 259 S.E.2d 465 (1979); Clark v. State, 245 Ga. 629, 266 S.E.2d 466 (1980); Benham v. Edwards, 501 F. Supp. 1050 (N.D. Ga. 1980); Sorrells v. Sorrells, 247 Ga. 9, 274 S.E.2d 314 (1981); Gates v. State, 167 Ga. App. 353, 306 S.E.2d 411 (1983); Pope v. State, 172 Ga. App. 396, 323 S.E.2d 268 (1984); Nelson v. State, 254 Ga. 611, 331 S.E.2d 554 (1985); Roberts v. Grigsby, 177 Ga. App. 377, 339 S.E.2d 633 (1985); Nelson v. State Farm Life Ins. Co., 178 Ga. App. 670, 344 S.E.2d 492 (1986); Ledbetter v. Cannon, 192 Ga. App. 392, 384 125 S.E.2d 875 (1989); Heichelbech v. Evans, 798 F. Supp. 708 (M.D. Ga. 1992); Nagel v. State, 264 Ga. 150, 442 S.E.2d 446 (1994); 37-3-2 Bruscato v. Gwinnett-Rockdale-Newton Cmty. Serv. Bd., 290 Ga. App. 638, 660 S.E.2d 440 (2008).