Title 37 — Title 37
0 chapters · 207 sections in this title.
O.C.G.A. § 37-3-8 Definitions
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Authority of board to issue regulations; powers of department generally. Validity of hospitalization orders entered before September 1, 1978; establishment of regulations as to orders authorizing continued hospitalization of patients hospitalized before September 1, 1978. Immunit…
O.C.G.A. § 37-3-80 Designation of treatment facilities
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Any state owned or state operated facility may be designated by the department as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other fa…
O.C.G.A. § 37-3-81 Grijalva v
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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 …
O.C.G.A. § 37-3-81.1 Disposition of patient upon hearing
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(a) At those hearings required under subsection (c) of Code Section 37-3-81 and subsection (a) of Code Section 37-3-92, the court shall determine whether the patient is a mentally ill person requiring involuntary treatment and, if so, whether the patient is an inpatient or outpat…
O.C.G.A. § 37-3-82 Notification requirements
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Discharge or transfer to voluntary status, §37-3-85. Disposition of patient upon hearing, §37-3-81.1. Outpatient treatment plan. Procedure upon failure or noncompliance with, §37-3-82. Periodic review of individualized service plan, §37-3-85. 759 INDEX MENTAL HEALTH —Cont’d Invol…
O.C.G.A. § 37-3-83 Procedure for continued involuntary hospitalization
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(a) If it is necessary to continue involuntary treatment of a hospitalized person who has mental illness beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain such person, the chief medical officer prior to the expir…
O.C.G.A. § 37-3-84 Procedure for, §37-3-83
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Validity of hospitalization orders entered before September 1, 1978, §37-3-3. Defined, §37-3-1. Designation of, §37-3-80. Discharge decisions. Designation of physician, §37-3-85. Notice of discharge or transfer to voluntary status, §37-3-85. Disposition of patient upon hearing, §3…
O.C.G.A. § 37-3-85 Transfer to voluntary status
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Notification requirements, §37-3-85. Least restrictive alternative placement. Securing of, §37-3-161. Legislative findings, §37-1-2. Liability for certain expenses. Transporting, examining and caring for patients, §37-3-121. Local offices for mental health, developmental disabiliti…
O.C.G.A. § 37-3-91 Discharge of persons meeting outpatient care criteria
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(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician or a psychologist, at or on behalf of that facility, to meet all of the outpatient treatment requirements of …
O.C.G.A. § 37-3-93 Review of petition, §37-3-93
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Reviews of individualized service plans, §37-3-94. Transportation of patients. Generally, §37-3-101. Treatment of patient as inpatient or outpatient, §37-3-90. Treatment upon waiver of hearing, §37-3-92. Involuntary patient treatment, etc, §§37-3-40 to 37-3-85. Emergency receivin…
O.C.G.A. § 37-3-95 Discharge of patients under criminal charges
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Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the facility, by certified mail or statutory overnight d…
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.
O.C.G.A. § 37-5-1 Short title
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This chapter shall be known and may be cited as the ‘‘Community Services Act for the Developmentally Disabled.’’ 245 37-5-3 History. — Ga. L. 1972, p. 700, § 1; Ga. L. 2009, p. 453, § 3-5/HB 228. 37-5-2. Declaration of policy.
O.C.G.A. § 37-5-10 Timetable for implementation of this chapter
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Repealed by Ga. L. 2015, p. 385, § 4-7/HB 252, effective July 1, 2015. Editor’s notes. — This Code section was based on Ga. L. 1972, p. 700, § 10; Ga. L. 2009, p. 453, § 3-17/HB 228. Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides: ‘‘This Act shal…
O.C.G.A. § 37-5-2 Declaration of policy
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Since the State of Georgia accepts a responsibility for its developmentally disabled citizens and an obligation to them which it must discharge, facilities, programs, and services shall be made available to meet the needs of each developmentally disabled person during his entire …
O.C.G.A. § 37-5-3 Community services defined
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As used in this chapter, the term ‘‘community services’’ means a coordinated, consumer and family centered, consumer and family directed, and comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmen…
O.C.G.A. § 37-5-4 Applicability of chapter; eligibility for community services
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(a) This chapter shall apply to all county boards of health in Georgia and to the Department of Behavioral Health and Developmental Disabilities. (b) Developmentally disabled individuals who are not eligible to receive community services from other public agencies and development…
O.C.G.A. § 37-5-6 Short title
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Declaration of policy. Community services defined. Applicability of chapter; eligibility for community services. Duty of county board of health to provide community services; district health department to advise families or guardians of developmentally disabled individuals. County…
O.C.G.A. § 37-5-9 Short title, §37-5-1
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Standards for community services. Establishment, §37-5-8. Title of act, §37-5-1. Confidential and privileged documents. Classification by department, §37-1-53. INTELLECTUAL AND OTHER DEVELOPMENTAL DISABILITIES —Cont’d Coordination of training programs, §37-4-4. Core set of consumer…
O.C.G.A. § 37-6-1 Day-care center defined
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As used in this chapter, the term ‘‘day-care center’’ means any facility that is operated and maintained for and is qualified to furnish care and training to individuals with developmental disabilities on less than a 24 hour basis. History. — Ga. L. 1963, p. 259, § 1; Ga. L. 1966,…
O.C.G.A. § 37-6-5 Day-care center defined, §37-6-1
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Departmental standards for day-care centers, §37-6-7. Developmental disabilities defined, §37-6-1. Developmentally disabled individual defined, §37-6-1. Expenditure of appropriated funds for title, §37-6-8. Grants-in-aid to county boards of health. Purchase of services from private…
O.C.G.A. § 37-6-6 Inspection and approval of day-care centers
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The department is authorized, directed, and empowered (1) to inspect day-care centers for the developmentally disabled in order to determine compliance with departmental standards for such centers and (2) to approve those day-care centers which meet minimum departmental standards…
O.C.G.A. § 37-6-7 Departmental standards for day-care centers
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(a) The department is authorized, directed, and empowered: (1) To classify day-care centers; and (2) To prescribe and set out the kind and quality of buildings, equipment, facilities, and services which day-care centers shall maintain in order to give proper care and training to …
O.C.G.A. § 37-6-8 Expenditure of funds appropriated for this chapter
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The department is authorized, directed, and empowered to expend funds appropriated to the department for the purposes of administering this chapter. 253 History. — Ga. L. 1963, p. 259, § 7; Ga. L. 1966, p. 374, § 11. 254 37-6-8 T.37, C.7 HOSPITALIZATION, ETC., OF ALCOHOLICS, ETC.…