reglab/housing_qa huggingface dataset:
GA Code § 37-3-44 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 1 - Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician's Certificate, Court Order, Etc|§ 37-3-44. Giving Person and Representatives Notice of Their Rights Upon Admission to Emergency Receiving Facility

  Immediately upon arrival of a person at an emergency receiving facility under Code Section 37-3-43 or as soon thereafter as reasonably possible given a person's condition or mental state at the time of arrival, the facility shall give the person written notice of his or her right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the person who has mental illness that he or she has a right to legal counsel and that, if the person is unable to afford counsel, the court will appoint counsel.   The notice informing the person's representatives of such person's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148.    (Code 1933, § 88-504.6, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1986, p. 1098, § 2; Ga. L. 2016, p. 313, § 1/SB 271.)   Cross references.   - Arrest of persons, T. 17, C. 4.   JUDICIAL DECISIONS    Precepts of due process require a clear and convincing standard of proof in a civil proceeding to commit an individual to a mental hospital involuntarily. Pitts v. State, 151 Ga. App. 691, 261 S.E.2d 435 (1979).   Failure to give notice.    - "Lawful" detention does not become "unlawful" by failure of a facility to provide a person detained with the notices required by O.C.G.A. § 37-3-44, and the trial court erred in ruling that plaintiff had a viable claim for false imprisonment based upon such failure. Ridgeview Inst., Inc. v. Handley, 224 Ga. App. 533, 481 S.E.2d 531 (1997).    Cited in Carter v. Landy, 163 Ga. App. 509, 295 S.E.2d 177 (1982).   OPINIONS OF THE ATTORNEY GENERAL    Medical admissions county is was county in which the procedure was governed  by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.   RESEARCH REFERENCES   ALR.    - Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 A.L.R. 715.    May proceedings to have a person declared insane and to appoint a conservator or committee of his person or estate rest upon substituted or constructive service of process, 175 A.L.R. 1324.   Hospital's liability as to diagnosis and care of patients brought to emergency ward, 72 A.L.R.2d 396.   Necessity and sufficiency of statements informing one under investigation for involuntary commitment of right to remain silent, 23 A.L.R.4th 563.
GA Code § 37-3-60 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 2 - Evaluating Facilities for Examination of Persons Ordered to Undergo Evaluation for Mental Illness|§ 37-3-60. Designation of Evaluating Facilities

 Any state owned or state operated facility may be designated by the department as an evaluating facility. The department shall maintain an evaluating facility at each Georgia regional hospital which shall accept, under Code Sections 37-3-61 through 37-3-65, patients found in any county in the service region of the hospital designated by the department. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.   (Code 1933, § 88-505.1, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1.)   OPINIONS OF THE ATTORNEY GENERAL    Medical admissions county was a county in which the procedure was governed  by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.
GA Code § 37-3-63 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 2 - Evaluating Facilities for Examination of Persons Ordered to Undergo Evaluation for Mental Illness|§ 37-3-63. Admission of Persons to Evaluating Facilities for Evaluation and Emergency Treatment

 Any person who is brought to an evaluating facility under Code Section 37-3-43 or under a court order as provided in Code Section 37-3-62 shall be received for evaluation and such treatment as is indicated by good medical practice.   (Code 1933, § 88-505.4, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1.)   Law reviews.   - For note, "Mental Health Commitment Procedures in Georgia," see 3 Ga. St. B.J. 230 (1966).   OPINIONS OF THE ATTORNEY GENERAL    Medical admissions county was a county in which the procedure was governed  by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.
GA Code § 37-3-65 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 2 - Evaluating Facilities for Examination of Persons Ordered to Undergo Evaluation for Mental Illness|§ 37-3-65. Request for Transfer to Another Evaluating Facility; Recipients of Notice of Transfer

 Any patient admitted to an evaluating facility may apply to the chief medical officer of that facility for transfer at his own expense to any other approved evaluating facility. If the evaluating facility to which transfer is requested agrees to admit the patient, and if the patient is able to pay for evaluation at such facility, he shall be transferred forthwith. In such case, Code Section 37-3-64 shall apply; and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given to the patient's representatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail or statutory overnight delivery to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation.   (Code 1933, § 88-505.7, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1992, p. 1902, § 5; Ga. L. 2000, p. 1589, § 3.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   OPINIONS OF THE ATTORNEY GENERAL    Medical admissions county was a county in which the procedure was governed  by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.
GA Code § 37-3-80 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 3 - Determination of Need for Treatment, Admission to Treatment Facilities|§ 37-3-80. Designation of Treatment Facilities

 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 facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility.   (Ga. L. 1958, p. 697, § 5; Ga. L. 1960, p. 837, § 5; Code 1933, § 35-227, enacted by Ga. L. 1963, p. 528, § 1; Code 1933, § 88-505, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-506.2, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-506.1, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1986, p. 1098, § 4.)   OPINIONS OF THE ATTORNEY GENERAL    Medical admissions county was a county in which the procedure was governed  by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.
GA Code § 37-3-84 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 3 - Determination of Need for Treatment, Admission to Treatment Facilities|§ 37-3-84. Appointment of Hearing Examiners for Hearings as to Continued Hospitalization; Powers of Hearing Examiners Generally; Issuance of Subpoenas

  One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-3-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.   The hearing examiners shall have the authority to:   Administer oaths and affirmations;   Sign and issue subpoenas;   Rule upon offers of proof;   Regulate the course of the hearing;   Provide for the taking of testimony by deposition;   Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and   Make all appropriate orders authorized by this chapter.     If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.   In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence.    (Code 1933, § 88-506.5, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-506.4, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1979, p. 723, § 8; Ga. L. 1986, p. 1098, § 4.)   OPINIONS OF THE ATTORNEY GENERAL    In proceedings for sterilization of mental incompetent, the incompetent has right to counsel;  if indigent, the incompetent has a right to appointed counsel. 1971 Op. Att'y Gen. No. U71-29.   RESEARCH REFERENCES   ALR.   - Right to notice and hearing prior to revocation of conditional release status of mental patient, 29 A.L.R.4th 394.
GA Code § 37-3-90 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 4 - Involuntary Outpatient Care|§ 37-3-90. Physician's or Psychologist's Determination and Certification as to Necessity of Involuntary Care; Treatment of Patient as Inpatient or Outpatient; Minors

  When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:   An inpatient or outpatient; and   If an outpatient, whether there is available outpatient treatment.     Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is a mentally ill person requiring involuntary treatment, except that if such determination is made by a physician or psychologist at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician or psychologist.   A person determined and certified to be:   An outpatient; and   A person for whom there is available outpatient treatment  shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.      A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1) and (2) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings.   Any minor admitted voluntarily shall be released at any time after written request is made by the minor's parent or legal guardian.     (Code 1981, §37-3-90, enacted by Ga. L. 1986, p. 1098, § 5; Ga. L. 1992, p. 1902, § 8; Ga. L. 1995, p. 612, § 1.)   Law reviews.   - For note on the 1995 amendment of this Code section, see 12 Ga. St. U.L. Rev. 258 (1995). For comment, "1986 Amendments to Georgia's Mental Health Statutes: The Latest Attempt to Provide a Solution to the Problem of the Chronically Mentally Ill," see 36 Emory L.J. 1313 (1987).   JUDICIAL DECISIONS    Cited in Bruscato v. Gwinnett-Rockdale-Newton Cmty. Serv. Bd., 290 Ga. App. 638, 660 S.E.2d 440 (2008).
GA Code § 37-3-92 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 4 - Involuntary Outpatient Care|§ 37-3-92. Hearing; Notice; Waiver of Hearing; Apprehension and Detention of Patient Failing to Appear; Treatment Upon Waiver

  Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section 37-3-91, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section 37-3-81, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to be taken into custody, hospitalized, evaluated, and treated. The patient and representatives shall have the rights specified in those notices. Hearings held pursuant to this subsection shall be held as provided in Code Section 37-3-81.1, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section 37-3-81.1.   If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician or psychologist available there, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-3-41.   If the hearing is waived as provided in subsection (a) of this Code section, that hearing shall not be held but the court shall order the patient to obtain available outpatient treatment under the individualized service plan submitted with the petition for hearing.     (Code 1981, §37-3-92, enacted by Ga. L. 1986, p. 1098, § 5; Ga. L. 1992, p. 1902, § 10.)
GA Code § 37-3-94 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 4 - Involuntary Outpatient Care|§ 37-3-94. Reviews of Individual Service Plans; Discharge of Patients From Treatment; Notice of Discharge

  Each individualized service plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible.   Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be a mentally ill person requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment.   Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facility received written notification, by certified mail or statutory overnight delivery to the law enforcement agency originally having custody of the patient.     (Code 1981, §37-3-94, enacted by Ga. L. 1986, p. 1098, § 5; Ga. L. 1991, p. 1059, § 19; Ga. L. 2000, p. 1589, § 3.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.
GA Code § 37-3-95 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 3 - Examination, Hospitalization, and Treatment of Involuntary Patients|Part 4 - Involuntary Outpatient Care|§ 37-3-95. Discharge of Patients Under Criminal Charges

 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 delivery, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge.    (Code 1981, §37-3-95, enacted by Ga. L. 1986, p. 1098, § 5; Ga. L. 2000, p. 1589, § 3.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.   JUDICIAL DECISIONS   Failure to comply did not give rise to medical malpractice claim.    - Trial court erred in construing Count II of the Third Complaint as a medical malpractice claim as the failure to comply with statutory notification and discharge requirements, pursuant to O.C.G.A. §§ 37-3-4,37-3-24, and37-3-95, did not involve the exercise of professional judgment or the care or treatment of the patient and, thus, that count was not subject to the medical malpractice statute of repose or the expert affidavit statute. Curles v. Psychiatric Solutions, Inc., 343 Ga. App. 719, 808 S.E.2d 237 (2017), cert. denied, No. S18C0519, 2018 Ga. LEXIS 181 (Ga. 2018), cert. denied, No. S18C0520, 2018 Ga. LEXIS 182 (Ga. 2018).
GA Code § 37-3-140 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 6 - Rights and Privileges of Patients, Their Representatives, etc., Generally|Part 1 - General Provisions|§ 37-3-140. Retention of Rights and Privileges by Patients Generally; Right to Due Process

 Patients 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 mental illness shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.   (Ga. L. 1960, p. 837, § 16; Code 1933, § 88-516, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-502.1, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1.)   Cross references.   - Rights of persons generally, T. 1, C. 2.    Capacity of mentally ill persons to enter into contracts, § 13-3-24.    Incurable mental illness as grounds for divorce, § 19-5-3.    Testamentary capacity of insane persons, § 53-4-11.   JUDICIAL DECISIONS    Cited in Trapnell v. Smith, 131 Ga. App. 254, 205 S.E.2d 875 (1974).   OPINIONS OF THE ATTORNEY GENERAL    Involuntary commitment in a state hospital is not tantamount to an adjudication of incompetence  and when superintendent has not imposed any restriction upon patient, patient may exercise civil rights including right to receive funds and property by inheritance without intervention of a guardian. 1962 Op. Att'y Gen. p. 407.   RESEARCH REFERENCES   ALR.   - Applicability, in proceedings under statutes relating to sexual psychopaths, of constitutional provisions for the protection of a person accused of crime, 34 A.L.R.3d 652.   Voting rights of persons mentally incapacitated, 80 A.L.R.3d 1116.   Construction and application of state patient bill of rights statutes, 87 A.L.R.5th 277.
GA Code § 37-3-141 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 6 - Rights and Privileges of Patients, Their Representatives, etc., Generally|Part 1 - General Provisions|§ 37-3-141. Patients' Right to Legal Counsel

 It shall be the responsibility of the department to see that every patient 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 involved during hospitalization.   (Code 1933, § 88-502.12, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-502.15, enacted by Ga. L. 1978, p. 1789, § 1.)   Cross references.   - Right of legal counsel generally, U.S. Const. amend. 6, and Ga. Const. 1983, Art. I, Sec. I, Para. XIV.   RESEARCH REFERENCES   ALR.   - Right to counsel in insanity or incompetency adjudication proceedings, 87 A.L.R.2d 950.   Accused's right to represent himself in state criminal proceedings - modern state cases, 98 A.L.R.3d 13.
GA Code § 37-3-143 (2021)
2021 Georgia Code|Title 37 - Mental Health|Chapter 3 - Examination, Treatment, etc., for Mental Illness|Article 6 - Rights and Privileges of Patients, Their Representatives, etc., Generally|Part 1 - General Provisions|§ 37-3-143. Patients' Rights in Regard to Personal Effects; Liability of Facility's Employees and Staff Members for Loss of or Damage to Patients' Personal Effects

 A patient's rights to his personal effects shall be respected. The chief medical officer may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient's belongings, but no employee or staff member shall be responsible for loss of or damage to such property where reasonable safety precautions have been taken.   (Code 1933, § 88-502.6, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-502.8, enacted by Ga. L. 1978, p. 1789, § 1.)