reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 37-4-106 - Education of children who are clients

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 Department of Education shall ensure that education is provided for all clients of school age who are in any state owned, state operated, or any other designated facility.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 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

(a)
At any time and without notice, a person detained by a facility or a mental health care agent, legal guardian, 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 its own initiative to issue a writ for release, provided that in the case of any such petition for the release of a person detained in a facility pursuant to a court order under Code Section
17-7-130
or
17-7-131
, a copy of the petition, along with proper certificate of service, shall also be served upon the presiding judge of the court ordering such detention and the prosecuting attorney for such court, which service may be made by certified mail or statutory overnight delivery, return receipt requested.
(b)
A client or his or her representatives may file a petition in the appropriate court alleging that the client is being unjustly denied a right or privilege granted by this chapter or that a procedure authorized by this chapter is being abused. An oral statement by a client or his or her representatives to any staff member or other service provider alleging that the client's rights or privileges under this chapter are being violated shall be immediately transmitted to the superintendent, the regional state hospital administrator, or the administrative head of the facility responsible for the client's treatment or the other person in charge of the client's habilitation plan, who shall assist the client in preparing his or her petition under this Code section. Upon the filing of such a petition, the court shall have the authority to conduct a judicial inquiry and to issue appropriate orders to correct any abuse under this chapter.
Amended by 2022 Ga. Laws 836,§ 2-27, eff. 7/1/2022.
Amended by 2002 Ga. Laws 971, § 1-13, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 37-4-109 - Establishment of patients and staff complaint procedure; final decisionmakers; right of administrative appeal; complaint procedures as alternative to legal remedies

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 superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the commissioner or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies.
Amended by 2009 Ga. Laws 102,§ 3-15, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-14, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 1 - GENERAL PROVISIONS (§§ 37-4-100 — 37-4-110) › Section 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

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 in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals or the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals or the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, or the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the client by the court. The appeal rights provided to the client, the client's representatives, or the client's attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the client, the client's representatives, or the client's attorney to appeal does not deny the right to the Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Section
5-3-4
.
Amended by 2022 Ga. Laws 875,§ 2-28, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
Amended by 2016 Ga. Laws 626,§ 3-13 and § 3-14, eff. 1/1/2017.
Amended by 2011 Ga. Laws 84,§ 8, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF HABILITATION AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-4-120 — 37-4-127) › Section 37-4-120 - Individual dignity of clients to be respected; use of criminal facilities and procedures

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, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the developmentally disabled.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF HABILITATION AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-4-120 — 37-4-127) › Section 37-4-121 - Securing of least restrictive alternative placement; assisting client in securing placement in noninstitutional community facilities and programs

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.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF HABILITATION AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-4-120 — 37-4-127) › Section 37-4-122 - Client's care and treatment rights

(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 with full respect for his dignity and personal integrity.
(b)
In order to assure proper habilitation, it shall be the duty of the superintendent or regional state hospital administrator of a facility to ensure that each client receives such medical attention as is suitable to his condition.
(c)
Each client shall have the right to participate in his habilitation. The department shall issue regulations to ensure that each client participates in his habilitation to the maximum extent possible. Unless the disclosure to the client is determined by the superintendent or regional state hospital administrator or person having charge of the client's habilitation to be detrimental to the physical or mental health of the client and unless a notation to that effect is made a part of the client's record, the client shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the habilitation recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(d)
If a client admitted to a facility under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The superintendent or regional state hospital administrator is authorized and directed to establish regulations designed to facilitate examination and treatment which a client may request from such private physician or psychologist.
(e)
Every client admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.
Amended by 2009 Ga. Laws 102,§ 3-7, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-19, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF HABILITATION AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-4-120 — 37-4-127) › Section 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 chapter

(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 request that the department or facility correct any inaccurate information found in his medical record.
(c)
The board shall promulgate reasonable rules and regulations to implement subsections (a) and (b) of this Code section. Nothing contained in this Code section shall be construed to require the deletion of information by the department nor constrain the department from destroying client records after a reasonable passage of time.
(d)
Notwithstanding paragraphs (7) and (8) of Code Section
15-9-37
, all files and records of a court in a proceeding under this chapter shall remain sealed and shall be open to inspection only upon order of the court, issued after notice to the client and subject to the provisions of Code Section
37-4-125
pertaining to the medical portions of the record, provided that the court may refer to such files and records in any subsequent proceeding under this chapter concerning the same client, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records but without personal identifying information and under whatever conditions upon their use and distribution that the court may deem proper, and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted only by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY (§§ 37-4-1 — 37-4-127) › Article 5 - RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY (§§ 37-4-100 — 37-4-127) › Part 2 - RIGHTS AND PRIVILEGES AS TO MANNER OF HABILITATION AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS (§§ 37-4-120 — 37-4-127) › Section 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

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 directed to establish reasonable regulations to make available to the client's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the client concerning his habilitation.
Amended by 2002 Ga. Laws 971, § 1-19, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-1 - Short title

This chapter shall be known and may be cited as the "Community Services Act for the Developmentally Disabled."
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-2 - Declaration of policy

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 lifetime. The primary purpose of this chapter shall be to provide community based alternatives to total institutional care so that developmentally disabled individuals can continue to live in their home communities.
Amended by 2010 Ga. Laws 624,§ 37, eff. 6/3/2010.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-3 - Community services defined

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 developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life. Such services shall include those deemed reasonably necessary by the department to provide for education, training, rehabilitation, and care of individuals with developmental disabilities and shall include but not be limited to: diagnostic and evaluation services; day-care and training services; work-activity services; support coordination, day support, and personal support services; supportive employment services; community residential services such as group family-care homes, community living arrangements, and host homes; transportation services incidental to educational, training, and rehabilitation services; technology and durable equipment support and services; social services; medical services; and specified home services.
Amended by 2009 Ga. Laws 102,§ 3-16, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-4 - Applicability of chapter; eligibility for community services

(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 developmentally disabled individuals who are not in fact receiving such services shall be entitled to receive all services afforded under this chapter.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-5 - Duty of county board of health to provide community services; district health department to advise families or guardians of developmentally disabled individuals

(a)
County boards of health shall, subject to limitations herein specified, provide community services and shall employ such personnel as may be needed to serve developmentally disabled individuals in their respective counties.
(b)
The district health department shall be the source of referral and information for the families or guardians of developmentally disabled individuals providing lifetime advice and guidance and referral to appropriate services.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-6 - County or health district plan for community services; review and approval of plan by the department

(a)
Each county board of health shall, on or before July 1, 1973, submit to the department a plan for providing comprehensive community services to developmentally disabled individuals residing in the county, provided that any group of counties comprising a health district may join and submit one plan covering the entire health district. The plan shall state:
(1)
An estimate of the number of developmentally disabled individuals residing in the county who require services afforded by this chapter;
(2)
A description of the specific services required by developmentally disabled individuals residing in the county;
(3)
A description of physical facilities available for use in providing the required community services;
(4)
A description of physical facilities, if any, which must be constructed to provide the necessary services;
(5)
A proposed staff roster of professional and nonprofessional employees who must be hired to provide necessary services; and
(6)
A detailed budget showing all costs of providing the necessary services for fiscal years 1977, 1978, and 1979 and a summary budget for each fiscal year from 1980 through 1985 inclusive.
(b)
The department shall provide assistance to county boards of health in preparing the plan required by subsection (a) of this Code section.
(c)
The department shall review the plan submitted by each county or district as required by subsection (a) of this Code section and shall suggest such changes as may be necessary to achieve the objectives of this chapter.
(d)
On or before July 1, 1975, the department shall publish in print or electronically an approved plan for each county or health district which shall address each point set out in subsection (a) of this Code section.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-7 - Duty of department to provide consulting and financial assistance to county boards of health; failure of county boards of health to provide community services

(a)
The Department of Behavioral Health and Developmental Disabilities shall provide assistance to county boards of health in developing a full range of community services for the developmentally disabled through consultation and provision of standards. The department shall assist county boards of health in obtaining federal funds where such resources are available and shall finance 100 percent of all operating costs not borne by federal funds.
(b)
Should a county board of health fail to take the necessary action to provide approved community services for developmentally disabled individuals, the department shall be empowered to establish and operate such services in lieu of operation by such county board of health.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-8 - Duty of department to establish standards for community services, inspect programs, issue statements of approval; procedure upon discovery of deficiencies; reinspection

The department shall establish standards for community services, shall regularly inspect programs under operation, and shall issue statements of approval to programs which meet state standards. Where deficiencies are found, county boards of health shall be notified and a reasonable time to correct such deficiencies shall be allowed. Reinspections shall be made as necessary to assure state approval of services.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-9 - Fees for community services

The department and its contractors are authorized to charge fees for community services they provide under this chapter based upon ability to pay, in accordance with guidelines established by the department. When such services are provided by county boards of health, Code Section
31-3-4
authorizes the establishment of fees for the services. No person shall be denied services on the basis of inability to pay.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 5 - COMMUNITY SERVICES FOR THE DEVELOPMENTALLY DISABLED (§§ 37-5-1 — 37-5-10) › Section 37-5-10 - [Repealed] Timetable for implementation of this chapter

Repealed by 2015 Ga. Laws 70,§ 4-7, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 3-17, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-1 - Day-care center defined

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.
Amended by 2009 Ga. Laws 102,§ 3-18, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-2 - Participation by department in financing of day-care centers for developmentally disabled children

The department is authorized, directed, and empowered to participate in the financing of public, nonprofit day-care centers for developmentally disabled children upon approval of such day-care centers under Code Section
37-6-6
.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-3 - Participation by department in financing of day-care centers generally

The department is authorized, directed, and empowered to participate in the financing of day-care centers for developmentally disabled individuals that may be approved by the department in such municipalities and counties of this state. In carrying out the authority and power set forth in this Code section the department is authorized, directed, and empowered to expend funds in assisting such day-care centers for developmentally disabled individuals in the operation of such centers.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-4 - Grants-in-aid to county boards of health for purchase of services from private day-care centers

The department is authorized and empowered to make grants-in-aid to county boards of health to purchase care and training for developmentally disabled individuals from privately operated, nonprofit day-care centers provided these developmentally disabled individuals have been certified as eligible for financial assistance.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-5 - Statements of operating costs

The department may require any day-care center that receives state funds under Code Sections
37-6-2
and
37-6-4
to submit to the department at appropriate times certified statements of operating costs.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-6 - Inspection and approval of day-care centers

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 for matching funds under Code Section
37-6-2
or grants-in-aid under Code Section
37-6-4
. Inspection shall include both those centers now in operation and those which will begin operation in the future. Reinspections may be made at any time and approval may be withdrawn whenever circumstances indicate that a day-care center no longer meets departmental standards. If approval is withdrawn, it cannot be reinstated until the deficiencies have been corrected and a satisfactory reinspection has been made. After a day-care center has been approved by the department and a certificate of approval has been issued, the center is not subject to examination, approval, or licensing by any other department, agency, or division of the state.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-7 - Departmental standards for day-care centers

(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 developmentally disabled individuals.
(b)
The board shall have the power to adopt and promulgate reasonable rules and regulations for the establishment of standards which in its judgment are necessary to protect the health and lives of developmentally disabled individuals.
Amended by 2009 Ga. Laws 102,§ 3-5, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 6 - DAY-CARE CENTERS FOR THE DEVELOPMENTALLY DISABLED (§§ 37-6-1 — 37-6-8) › Section 37-6-8 - Expenditure of funds appropriated for this chapter

The department is authorized, directed, and empowered to expend funds appropriated to the department for the purposes of administering this chapter.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 1 - GENERAL PROVISIONS (§§ 37-7-1 — 37-7-8) › Section 37-7-2 - Authority of board to issue regulations; powers of department generally

(a)
The board shall issue regulations to implement this chapter in accordance with the intent of this chapter to safeguard the rights of alcoholics, drug dependent individuals, or drug abusers, as set forth in Code Sections
37-7-100
,
37-7-101
, and
37-7-120
, and Article 6 of this chapter.
(a.1)
The board shall issue regulations to implement the provisions of Code Section
40-5-63.1
relative to clinical evaluations and substance abuse treatment programs and shall prescribe such application fees for providers desiring authorization to provide clinical evaluations or substance abuse treatment programs as are reasonably necessary to cover the cost of considering such applications. Such regulations shall provide for approval of providers and such approval shall be valid continuously unless and until revoked in accordance with such regulations.
(b)
In addition to the other powers provided by this chapter, the department shall have the authority:
(1)
To enforce the regulations issued by the board;
(2)
To prescribe the forms of applications, records, medical certificates, and any other forms required or used under this chapter and the information required to be contained therein;
(3)
To require such reports from any facility as it may find necessary to the performance of its duties or functions;
(4)
To visit facilities regularly to review the hospitalization procedures applied to all patients;
(5)
To determine the care and treatment being given all patients;
(6)
To develop criteria for providing priority in access to services and admissions to programs for drug or alcohol dependent pregnant females;
(7)
To investigate complaints and make reports and recommendations relative thereto; and
(8)
To make effective such procedures and orders as may be appropriate to carry out the provisions of this chapter.
Notwithstanding the powers granted to the department under this Code section, the requirements of this Code section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution operated by or under the control of the United States Department of Veterans Affairs or any other federal agency.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 1 - GENERAL PROVISIONS (§§ 37-7-1 — 37-7-8) › Section 37-7-3 - Coordination of state drug and alcohol abuse programs

All programs conducted by state agencies with respect to drug and alcohol abuse, except the regulation of the sale or dispensation of drugs and related products by the Board of Pharmacy pursuant to Georgia laws and the investigation of criminal conduct pertaining to illegal drugs transferred to the Department of Public Safety shall be coordinated by the Department of Behavioral Health and Developmental Disabilities; provided, however, that any other state agency is not precluded or prohibited from conducting an educational program relating to drug or alcohol abuse.
Amended by 2010 Ga. Laws 624,§ 37, eff. 6/3/2010.
Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 1 - GENERAL PROVISIONS (§§ 37-7-1 — 37-7-8) › Section 37-7-4 - Validity of hospitalization orders entered before September 1, 1978; establishment of regulations authorizing continued hospitalization of patients hospitalized before September 1, 1978

No hospitalization of an alcoholic, drug dependent individual, or drug abuser 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 chief medical officer of each treatment facility apply under Code Section
37-7-83
for an order authorizing continued hospitalization of any patient for whom such hospitalization is necessary and who was initially hospitalized under an order of a court prior to September 1, 1978. Such prior orders of hospitalization entered by the courts, unless superseded at an earlier date by an order under this chapter or unless such prior orders expire under their own terms at an earlier date, shall remain valid until March 1, 1979, after which all such orders shall be null and void and of no effect.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 1 - GENERAL PROVISIONS (§§ 37-7-1 — 37-7-8) › Section 37-7-5 - Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter

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 Article 4 of Chapter 7 of Title 31, who acts in good faith in compliance with the transport, admission, and discharge provisions of this chapter shall be immune from civil or criminal liability for his actions in connection with the transport of a patient to a physician or facility, the admission of a patient to a facility, or the discharge of a patient from a facility. The immunity from civil liability provided in this Code section in connection with the transport of a patient to a physician or a facility shall apply only to injury or damages incurred by such patient or his or her personal representative.
Amended by 2022 Ga. Laws 857,§ 4, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 1 - GENERAL PROVISIONS (§§ 37-7-1 — 37-7-8) › Section 37-7-6 - Apprehension by peace officer of patient who leaves facility without permission

If, during the period of involuntary hospitalization pursuant to any valid physician's certificate, court order, or order by the hearing examiner authorized by this chapter, a patient escapes or otherwise leaves a facility without permission, the facility may advise any peace officer that the patient has escaped or otherwise left the facility without permission; and the peace officer shall be authorized to take such patient into custody and return him to such facility.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 1 - GENERAL PROVISIONS (§§ 37-7-1 — 37-7-8) › Section 37-7-7 - Approval of private facilities as emergency receiving facilities, evaluating facilities, or treatment facilities; powers and duties of private facilities; right to deny admission

Any private facility within this state may be approved as an emergency receiving facility, an evaluating facility, or a treatment facility 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 have all powers given to the corresponding type of state owned or state operated facility under the provisions of this chapter on voluntary admission, emergency admission, admission for evaluation, and involuntary hospitalization and shall have all duties and obligations of such facilities imposed by this chapter, except that any such private facility may decline to accept any patient who is unable to pay it for hospitalization or for whom it has no available space.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 1 - GENERAL PROVISIONS (§§ 37-7-1 — 37-7-8) › Section 37-7-8 - "Drug" defined; Right of minor to obtain treatment of drug abuse on minor's consent alone; binding effect of consent; informing minor's parent, spouse, custodian, or guardian of treatment

(a)
As used in this Code section, the term "drug" means any drug as defined in Code Section
26-3-2
, any dangerous drug as defined in Code Section
16-13-71
, any controlled substance as defined in Code Section
16-13-21
, and any narcotic drug as defined in Code Section
16-13-21
.
(b)
The consent to the provision of medical or surgical care or services by a hospital or public clinic or to the performance of medical or surgical care or services by a physician licensed to practice medicine and surgery, when such consent is given by a minor who is or professes to be suffering from drug abuse, shall be as valid and binding as if the minor had achieved his majority, provided that any such treatment shall involve procedures and therapy related to conditions or illnesses arising out of the drug abuse which gave rise to the consent authorized under this Code section. Any such consent shall not be subject to later disaffirmance by reason of minority. The consent of no other person or persons, including but not limited to a spouse, parent, custodian, or guardian, shall be necessary in order to authorize the provision to such minor of such medical or surgical care or services as are described in this subsection.
(c)
Upon the advice and direction of a treating physician or, if more than one, of any one of them, a member of the medical staff of a hospital or public clinic or a physician licensed to practice medicine and surgery may, but shall not be obligated to, inform the spouse, parent, custodian, or guardian of any such minor as to the treatment given or needed. Such information may be given to or withheld from the spouse, parent, custodian, or guardian without the consent of the minor patient and even over the express refusal of the minor patient to the providing of such information.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-7-20 — 37-7-24) › Section 37-7-20 - Admission of voluntary patients; parental consent to treatment; giving notice of rights to patient at time of admission

(a)
The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age or older making application therefor, any patient under 18 years of age for whom such application is made by his parent or guardian, and any patient who has been declared legally incompetent and for whom such application is made by his guardian. If found to show evidence of alcoholism, drug dependence, or drug abuse and to be suitable for treatment, such person may be given care and treatment at such facility; and such person may be detained by such facility until discharged pursuant to Code Section
37-7-21
or
37-7-22
. The parents or guardian of a minor child must give written consent to such inpatient treatment. An individualized treatment plan shall be developed for such person as soon as possible.
(b)
Any individual voluntarily admitted to a facility under this Code section shall be given notice of his rights under this chapter at the time of his admission.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-7-20 — 37-7-24) › Section 37-7-21 - Discharge of voluntary patients upon recovery or termination of need for hospitalization; notice of discharge

(a)
The chief medical officer of the facility shall discharge any voluntary patient who has recovered from his alcoholism, drug dependency, or drug abuse or who has sufficiently improved that the chief medical officer determines, after consideration of the recommendations of the treatment team, that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical officer of such facility, such discharge would be unsafe for the patient or others. The chief medical officer may designate in writing a physician or psychologist, who may be the attending physician or treating psychologist, to make these discharge decisions. If the decision of the designee is contrary to the recommendations of the treatment team or a physician or psychologist member of the treatment team, the issue must go to the chief medical officer for final determination. Where there is concurrence, the decision of the designee will be final.
(b)
Notice of discharge of patients who have been transferred from involuntary to voluntary status shall be given pursuant to Code Section
37-7-24
.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-7-20 — 37-7-24) › Section 37-7-22 - Right of voluntary patient to discharge upon application; procedure on denial of application for discharge; notice of discharge

(a)
A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section
37-7-20
or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section
37-7-41
, Code Section
37-7-61
, or Code Section
37-7-81
.
(b)
Notice of discharge of patients who have been transferred from involuntary to voluntary status shall be given pursuant to Code Section
37-7-24
.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-7-20 — 37-7-24) › Section 37-7-23 - Giving voluntary patients periodic notice of rights

At the time of his admission and each six months thereafter, any voluntary patient admitted to a facility under Code Section
37-7-20
or transferred to voluntary status under Code Section
37-7-24
shall be notified in writing of his right to discharge upon application under Code Section
37-7-22
and of all other rights granted to patients under this chapter.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 7 - HOSPITALIZATION, TREATMENT, ETC., OF ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS (§§ 37-7-1 — 37-7-168) › Article 2 - HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS (§§ 37-7-20 — 37-7-24) › Section 37-7-24 - Transfer of involuntary patients to voluntary status; notice of transfer and of discharge of patients so transferred; discharge of transferred patient charged with criminal offense

Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section
37-7-41
, to the physician or psychologist executing the certificate; 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. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section.