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Georgia Statutes, Title 37

Georgia/Statutes

← All Georgia coverage

Title 37

9 chapters · 272 sections in this title.

All chapters in Title 37272 Ch 3, EXAMINATION, TREATMENT, ETC., FOR ME…65 Ch 7, HOSPITALIZATION AND TREATMENT OF ALC…65 Ch 2, ADMINISTRATION OF MENTAL HEALTH, DEV…40 Ch 4, HABILITATION OF THE DEVELOPMENTALLY …37 Ch 1, GOVERNING AND REGULATION OF MENTAL H…32 Ch 9, PAYMENT OF EXPENSES FOR SUPPORT, TRE…12 Ch 5, COMMUNITY SERVICES FOR THE DEVELOPME…10 Ch 6, DAY-CARE CENTERS FOR THE DEVELOPMENT…8 Ch 10, INTERSTATE COMPACT ON MENTAL HEALTH3

37 sections·Filtered byTitle 37✕Ch 4✕

O.C.G.A. § 37-4-1 Declaration of policy
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The State of Georgia recognizes the capacity of all of its citizens, including those who are developmentally disabled, to be both personally and socially productive; and it further recognizes its obligation to provide aid in the form of a coordinated system of community facilitie…
O.C.G.A. § 37-4-2 Deﬁnitions
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As used in this chapter, the term: (1) ‘‘Client’’ means any person with a developmental disability who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) ‘‘Clinical record’’ means a written record pertaining to an individual client and i…
O.C.G.A. § 37-4-3 Authority of board to issue regulations; powers of department generally
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(a) The board shall issue regulations to implement this chapter in accordance with the intent of this chapter to safeguard the rights of developmentally disabled persons. (b) In addition to the other powers provided by this chapter, the department shall have the authority: (1) To…
O.C.G.A. § 37-4-4 Coordination of training programs for the developmentally disabled
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The State Department of Education is authorized and directed to coordinate its program for training the developmentally disabled with the programs of the Department of Behavioral Health and Developmental Disabilities. The Department of Education is authorized and empowered to exp…

O.C.G.A. § 37-4-5 Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued care for clients receiving services pursuant to orders entered before September

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(a) No hospitalization of a developmentally disabled person lawful before September 1, 1978, shall be deemed unlawful because of the enactment of this chapter. The board is authorized to establish reasonable regulations to require that the superintendent or regional state hospita…

O.C.G.A. § 37-4-6 Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter

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Any physician, psychologist, peace officer, attorney, or health official or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to…

O.C.G.A. § 37-4-7 Apprehension by peace officer of developmentally disabled person who leaves facility without permission

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If, during the period of habilitation authorized by this chapter a client escapes or otherwise leaves a facility without permission, the facility may advise any peace officer that the client has escaped or otherwise left the facility without permission; and the peace officer shal…

O.C.G.A. § 37-4-8 Approval of private facilities; powers and duties of private facilities; right to deny admission

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Any private facility within this state may be approved as a facility for the habilitation of developmentally disabled persons by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall h…

O.C.G.A. § 37-4-42 Procedure for continuation of court ordered habilitation

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(a) If it is necessary to continue habilitation of a client beyond the end of the period during which the facility is currently authorized by order of a court or of an administrative law judge to retain the client, the superintendent or regional state hospital administrator, prio…

O.C.G.A. § 37-4-44 Periodic review of individualized program plan; discharge or transfer to another facility upon change in client’s needs; notice of discharge or transfer

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(a) Each individualized program plan shall be reviewed at regular intervals to determine the client’s progress toward the stated goals and objectives of the plan and to determine whether the plan should be modiﬁed because of the client’s present level of performance. These review…

O.C.G.A. § 37-4-60 Designation of facility to which client to be admitted; transfers of clients between private and state owned facilities; transfers of clients generally

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(a) The department may designate the state owned or state operated facility to which a client is admitted under this chapter. The department may instead designate a private facility, approved under Code Section 37-4-8, to which the client is to be admitted, if the department has …

O.C.G.A. § 37-4-61 Transportation of clients generally

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(a) The governing authority of the county where the client is found or located shall arrange for initial emergency transport of a client to an emergency receiving facility. Except as otherwise authorized under subsection (b) of this Code section, the governing authority of the co…

O.C.G.A. § 37-4-62 Transfer of clients to custody of federal agencies for services; retention of jurisdiction over clients by state courts; jurisdiction over developmentally disabled persons in federal hospitals and ins

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(a) If a client ordered to receive services from the department as a resident in a facility pursuant to this chapter is eligible for hospital care or treatment by the United States Department of Veterans Affairs or any other federal agency, the department, upon receipt of a certi…

O.C.G.A. § 37-4-63 Procedure for transfer of Georgia residents from out-of-state facilities to Georgia facilities

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Upon application to the department by a parent, spouse, next of kin, or guardian or by an agency of another state in which a person is hospitalized, the person shall be eligible to be admitted to a facility in the State of Georgia if found by the department to be a legal resident…

O.C.G.A. § 37-4-64 Procedure upon discovery that a client receiving court ordered services from a Georgia facility is not a resident

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If a client who is a resident in a facility is discovered not to be a resident of Georgia, the regional state hospital administrator of the facility in which the client is a resident shall seek his transfer to the custody of authorities of the state of his residence or to a publi…

O.C.G.A. § 37-4-80 Effect of inability to pay on right to habilitation services

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It is the policy of this state that no person shall be denied habilitation services for a developmental disability nor shall services be delayed at a facility of the state or a political subdivision of the state because of inability to pay for such habilitation services. History.…

O.C.G.A. § 37-4-81 Liability for expenses for transporting, examining, and caring for clients

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(a) The responsibility for paying the expenses for transporting, examining, and caring for clients, which expenses are not provided for under Chapter 9 of this title, relating to the payment of costs of care of persons admitted to state institutions under the department, shall be…

O.C.G.A. § 37-4-82 Payment of expenses incurred in connection with hearings held under this chapter

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(a) Except as provided in this Code section, the expenses of any hearing held under this chapter by a court or by an administrative law judge, including attorneys’ fees authorized by paragraph (1) of subsection (b) of this Code section and including expenses authorized by paragra…

O.C.G.A. § 37-4-100 Retention of rights and privileges by clients generally; right to due process

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Clients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a developmental disability shall be deprived of any civil, political, personal, or…

O.C.G.A. § 37-4-101 Clients’ right to legal counsel

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It shall be the responsibility of the department to see that every client is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be…

O.C.G.A. § 37-4-102 Right of clients to communicate with persons outside facility and to receive visitors; treatment of client correspondence; establishment of regulations governing visitation and telephone usage

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(a) Each client in a facility shall have the right to communicate freely and privately with persons outside the facility and to receive visitors inside the facility. (b) Except as otherwise provided in this Code section, each client shall be allowed to receive and send sealed, un…

O.C.G.A. § 37-4-103 Clients’ rights in regard to personal effects; liability of facility’s employees and staff members for loss of or damage to clients’ personal effects

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A client’s rights to his personal effects shall be respected. The superintendent or regional state hospital administrator may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the client’s …

O.C.G.A. § 37-4-104 Clients’ right to vote

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Each client in a facility who is eligible to vote shall be given his right to vote in primary, special, and general elections and in referendums. The superintendent or regional state hospital administrator of each facility shall permit and reasonably assist clients: (1) To obtain…

O.C.G.A. § 37-4-105 Employment of clients outside facilities

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If a client wishes to be employed outside a facility and if such employment will aid in the client’s habilitation, he shall be assisted in his efforts to secure suitable employment and all beneﬁts ﬂowing from such employment. The department shall encourage such employment of clie…

O.C.G.A. § 37-4-106 Education of children who are clients

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The rights of any child receiving habilitation in a facility to an appropriate education at public expense shall not be abridged during hospitalization, and the special educational needs of each child shall be individually considered and respected. The department and the State De…

O.C.G.A. § 37-4-107 Appointment of client representatives and guardians ad litem; notiﬁcation provisions; duration and scope of guardianship ad litem

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(a) At the time a client is admitted to any facility under this chapter, that facility shall make diligent efforts to secure the names and addresses of at least two representatives, which names and addresses shall be entered in the client’s clinical record. (b) The client may des…

O.C.G.A. § 37-4-108 Right of clients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by chapter

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(a) At any time and without notice, a person detained by a facility or a relative or friend on behalf of such person may petition as provided by law for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent jurisdiction on i…

O.C.G.A. § 37-4-109 Establishment of patients and staff complaint procedure; ﬁnal decisionmakers; right of administrative appeal; complaint procedures as alternative to legal remedies

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The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superinte…

O.C.G.A. § 37-4-110 Appeal rights of clients, their representatives, or attorneys; payment of costs of appeal; right of client to subsequent appeal and to legal counsel on appeal

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The client, the client’s representatives, or the client’s attorney may appeal any order of the probate court or administrative law judge rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided …

O.C.G.A. § 37-4-120 Individual dignity of clients to be respected; use of criminal facilities and procedures

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The client’s dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the client is taken into custody, detained, or transported. Except where required under conditions of extreme urgency, those procedures, facilities, vehicl…

O.C.G.A. § 37-4-121 Securing of least restrictive alternative placement; assisting client in securing placement in noninstitutional community facilities and programs

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It is the policy of the state that the least restrictive alternative placement be secured for every client at every stage of his habilitation. It shall be the duty of the facility to assist the client in securing placement in noninstitutional community facilities and programs. Hi…

O.C.G.A. § 37-4-122 Client’s care and treatment rights

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(a) Each client in a facility and each person receiving services for a developmental disability shall receive habilitation that is suited to his needs and is the least restrictive appropriate habilitation. Such habilitation shall be administered skillfully, safely, and humanely w…

O.C.G.A. § 37-4-123 Recognition of clients’ physical integrity; rights to refuse medication; obtaining consent to treatment and surgery; performance of emergency surgery; immunity of physician; direction of notice of act

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(a) It shall be the policy of this state to recognize the personal physical integrity of all clients. (b) It shall be the policy of this state to protect reasonably the right of every individual to refuse medication, except in cases where a physician determines that refusal would…

O.C.G.A. § 37-4-124 Mistreatment, neglect, or abuse of clients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraints

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(a) Mistreatment, neglect, or abuse in any form of any client is prohibited. Medication in quantities that interfere with the client’s habilitation program is prohibited. All medication, seclusion, or physical restraints are to be used solely for the purposes of providing effecti…

O.C.G.A. § 37-4-125 Treatment of clinical records; scope of privileged communications; liability for disclosure

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(a) A clinical record for each client shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privile…

O.C.G.A. § 37-4-126 Right of client to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of ﬁles and records relating to proceedings under this cha

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(a) Except as provided in subsection (c) of Code Section 37-4-122, every client shall have the right to examine all medical records kept in the client’s name by the department or the facility where the client was receiving services. (b) Every client shall have the right to reques…

O.C.G.A. § 37-4-127 Right of client’s attorney to interview persons in charge of client’s habilitation in a facility; establishment of regulations as to release of information to client’s attorney

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The client’s attorney shall have the right, at reasonable times, to interview the persons in charge of the client’s habilitation in any facility and to have the client’s records interpreted by them. The superintendent or regional state hospital administrator is authorized and dir…