0 chapters · 207 sections in this title.
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. § 37-4-101 Clients’ right to legal counsel
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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. 37-4-103. Clients’ rights in regard to personal effects; liability of facili…
O.C.G.A. § 37-4-102 Judicial appeals, §37-4-110
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744 INDEX INTELLECTUAL AND OTHER DEVELOPMENTAL DISABILITIES —Cont’d Rights of developmentally disabled persons and their representatives —Cont’d Judicial protection of rights and privileges of clients, §37-4-108. Least restrictive alternative placement. Securing of, §37-4-121. Me…
O.C.G.A. § 37-4-104 Clients’ right to vote
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37-4-120. Individual dignity of clients to be respected; use of criminal facilities and procedures. 37-4-121. Securing of least restrictive alternative placement; assisting client in securing placement in noninstitutional community facilities and programs. 37-4-122. Client’s care…
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 231 …
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 Health officials
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Immunity from liability, §37-4-6. Hospitalization orders. Validity of orders entered before September 1, 1978. Immunity from liability of physician, psychologist, peace officer, etc., §37-4-6. Hospital officials.
O.C.G.A. § 37-4-108 Judicial emergencies
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Deadlines or other time schedules or filing requirements. Authorization to suspend, toll, extend or otherwise grant relief from, §38-3-62. HABEAS CORPUS —Cont’d Mentally ill patients. Right of patients or representatives to petition for writ of habeas corpus, §37-3-148. Substance …
O.C.G.A. § 37-4-110 Appellate proceedings, §37-4-110
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Securing of least restrictive alternative placement, §37-4-121. Securing placement in noninstitutional community facilities and programs, §37-4-120. Suitable, skillful, safe and humane treatment, §37-4-122. Timely examination after admission, §37-4-122. Use of criminal facilities…
O.C.G.A. § 37-4-120 Due process, §37-4-100
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Duration and scope of guardian ad litem, §37-4-107. Education of child clients, §37-4-106. Emergency surgery, etc., §37-4-123. Employment of clients outside facilities, §37-4-105. Examination of records, §37-4-126. Freedom from adverse effects of medication at hearings, §37-4-123…
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 Mentally ill
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Rights and privileges of patients. Outpatient treatment. Defined as including, §37-3-1. Prohibited acts as to use of medication, §37-3-165. Right to be free from adverse effects of medication when appearing at hearings, §37-3-163. Right to be fully informed concerning medication, …
O.C.G.A. § 37-4-124 Use generally, §37-4-124
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Policy of state, §37-2-1. Private facilities. Approval, §37-4-8. Powers and duties, §37-4-8. Right to deny admission, §37-4-8. Transfers of clients between private and state owned facilities, §37-4-60. Public policy, §37-1-2.
O.C.G.A. § 37-4-125 Defined, §37-4-2
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Entry of use of physical restraints, §37-4-124. Right of client to examine, §37-4-126. Right of client to request correction of inaccuracies, §37-4-126. Communication with persons outside facility, §37-4-102. Complaints. Adjudication procedures, §37-4-109. Consent to treatment an…
O.C.G.A. § 37-4-126 Maintenance, §37-4-125
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Release of information to client’s attorney, §37-4-127. Right of client to examine, §37-4-126. Right of client to request correction of inaccuracies, §37-4-126. Community service boards. Defined, §37-1-1. Community services for the developmentally disabled, §§37-5-1 to 37-5-9. App…
O.C.G.A. § 37-4-127 HARD LABOR
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Code of military justice. When authorized, §38-2-1058. HAZARDOUS MATERIALS AND WASTE. Discharge of hazardous materials. Emergency management and homeland security. General provisions, §§38-3-1 to 38-3-171. Safety plans addressing threat of terrorism, natural disasters, hazardous …
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. § 37-4-42 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 Change in client’s needs
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Discharge or transfer to another facility, §37-4-44. Continuation of habilitation. Procedure for, §37-4-42. Validity of hospitalization orders entered before July 1, 2011, §37-4-5. Validity of hospitalization orders entered before September 1, 1978, §37-4-5. Discharge or transfer…
O.C.G.A. § 37-4-6 Hospital officials
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Immunity from liability, §37-4-6. Individual dignity of clients to be respected, §37-4-120. Injunctions. Violations of title, §37-1-90. Interstate compact on mental health, §§37-10-1 to 37-10-3. Least restrictive alternative placement. Securing of, §37-4-121. Legislative findings,…
O.C.G.A. § 37-4-60 Public policy, §37-1-2
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Purpose of chapter, §37-2-1. Regional offices. Access to records of publicly-financed programs, §37-2-11.2. Confidentiality of records, §37-2-11.2. Regional planning boards. Defined, §37-1-1. Public policy, §37-1-2. Retention of rights and privileges by clients generally, §37-4-100.…
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. § 37-4-8 Declaration of policy
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Definitions. Authority of board to issue regulations; powers of department generally. Coordination of training programs for the developmentally disabled. Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued care fo…
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. § 37-4-82 Physical restraints
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Determination of necessity for application, §37-4-124. Entry of use of restraints in clinical record, §37-4-124. Physician’s order for use of restraints, §37-4-124. Requirement of written policies and procedures governing use, §37-4-124. Use generally, §37-4-124.