reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 4 - HEARINGS, APPEALS, EVIDENCE, ETC (§§ 37-1-50 — 37-1-53) › Section 37-1-53 - Classification of privileged materials

Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This Code section shall not apply to clinical records maintained pursuant to Code Sections
37-3-166
,
37-3-167
,
37-4-125
,
37-4-126
,
37-7-166
, and
37-7-167
.
Amended by 2022 Ga. Laws 782,§ 37, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 5 - ENFORCEMENT PROCEDURES (§§ 37-1-70 — 37-1-100) › Part 1 - INSPECTION WARRANTS (§§ 37-1-70 — 37-1-74) › Section 37-1-70 - Definitions

As used in this part, the term:
(1)
"Inspection warrant" means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a "mental health law."
(2)
"Mental health law" means Code Sections
37-3-7
,
37-3-8
, and
37-4-7
, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder.
Amended by 2010 Ga. Laws 418,§ 5, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 5 - ENFORCEMENT PROCEDURES (§§ 37-1-70 — 37-1-100) › Part 1 - INSPECTION WARRANTS (§§ 37-1-70 — 37-1-74) › Section 37-1-71 - Persons who may obtain inspection warrants; authorization of searches and inspections of property

The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 5 - ENFORCEMENT PROCEDURES (§§ 37-1-70 — 37-1-100) › Part 1 - INSPECTION WARRANTS (§§ 37-1-70 — 37-1-74) › Section 37-1-72 - Issuance; grounds

(a)
Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.
(b)
The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met:
(1)
The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
(2)
The issuing judge determines that the issuance of the warrant is authorized by this part.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 5 - ENFORCEMENT PROCEDURES (§§ 37-1-70 — 37-1-100) › Part 1 - INSPECTION WARRANTS (§§ 37-1-70 — 37-1-74) › Section 37-1-73 - Contents

The inspection warrant shall be validly issued only if it meets the following requirements:
(1)
The warrant is attached to the affidavit required to be made in order to obtain the warrant;
(2)
The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;
(3)
The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and
(4)
The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 5 - ENFORCEMENT PROCEDURES (§§ 37-1-70 — 37-1-100) › Part 1 - INSPECTION WARRANTS (§§ 37-1-70 — 37-1-74) › Section 37-1-74 - Exclusion of evidence obtained

No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 5 - ENFORCEMENT PROCEDURES (§§ 37-1-70 — 37-1-100) › Part 2 - INJUNCTIONS (§ 37-1-90) › Section 37-1-90 - Injunctions for the purpose of enjoining violations of the provisions of this title

The Department of Behavioral Health and Developmental Disabilities is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 5 - ENFORCEMENT PROCEDURES (§§ 37-1-70 — 37-1-100) › Part 3 - CRIMINAL PENALTIES (§ 37-1-100) › Section 37-1-100 - Penalty for violations of the provisions of this title

Any person violating the provisions of this title shall be guilty of a misdemeanor.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 6 - GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION (§§ 37-1-110 — 37-1-116) › Section 37-1-110 - [Repealed effective 6/30/2025] Legislative findings

The General Assembly finds and determines that:
(1)
Over the last decade the State of Georgia has invested significant resources toward the transformation of the behavioral health service delivery system; and
(2)
The conclusion of the settlement agreement with the United States Department of Justice will mark significant accomplishments in system performance and presents the opportunity to conduct a systematic study to promote the continued progress of the state behavioral health system. Such a study and the formulation of recommendations for behavioral health innovation can best be carried out through an established commission.
Added by 2019 Ga. Laws 216,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 6 - GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION (§§ 37-1-110 — 37-1-116) › Section 37-1-111 - [Repealed effective 6/30/2025] Commission created; "commission" defined

(a)
There is created the Georgia Behavioral Health Reform and Innovation Commission for the purpose of conducting a comprehensive review of the behavioral health system in Georgia. Such review shall include the behavioral health services and facilities available in this state, the identification of behavioral health issues in children, adolescents, and adults, the role the educational system has in the identification and treatment of behavioral health issues, the impact behavioral health issues have on the court system and correctional system, the legal and systemic barriers to treatment of mental illnesses, workforce shortages that impact the delivery of care, whether there is sufficient access to behavioral health services and supports and the role of payers in such access, the impact on how untreated behavioral illness can impact children into adulthood, the need for aftercare for persons exiting the criminal justice system, and the impact of behavioral illness on the state's homeless population.
(b)
As used in this article, the term "commission" means the Georgia Behavioral Health Reform and Innovation Commission.
Added by 2019 Ga. Laws 216,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 6 - GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION (§§ 37-1-110 — 37-1-116) › Section 37-1-113 - [Repealed effective 6/30/2025] Meetings; prior approval of agenda; quorum; allowances and reimbursements

(a)
The commission may conduct meetings at such places and times as it deems necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accomplish the objectives and purposes of this article. The commission shall hold meetings at the call of the chairperson. The commission shall meet not less than twice every year.
(b)
Until the conclusion of the settlement agreement with the United States Department of Justice, the agenda for any meeting of the commission shall be submitted to the Governor's Executive Counsel for prior approval.
(c)
A quorum for transacting business shall be a majority of the members of the commission.
(d)
Legislative members of the commission shall receive the allowances provided for in Code Section
28-1-8
. Nonlegislative members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section
45-7-21
as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the Senate and the House of Representatives.
Added by 2019 Ga. Laws 216,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 6 - GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION (§§ 37-1-110 — 37-1-116) › Section 37-1-114 - [Repealed effective 6/30/2025] Duties and powers; use of third parties

(a)
The commission shall have the following duties:
(1)
To review the conditions, needs, issues, and problems related to behavioral health issues in this state and to recommend any action, including proposed changes to rules, regulations, policies, and programs, and proposed legislation which the commission deems necessary or appropriate;
(2)
To evaluate and consider the best practices, experiences, and results of legislation in other states with regard to the behavioral health system with respect to both children and adults; and
(3)
To annually report on the work of the commission to the Governor, President of the Senate, and Speaker of the House of Representatives.
(b)
The commission shall have the following powers:
(1)
To evaluate how the laws, rules, regulations, policies, and programs affecting the behavioral health system in this state are working;
(2)
To request and receive data from and review the records of appropriate state agencies and courts to the greatest extent allowed by state and federal law;
(3)
To accept public or private grants, devises, and bequests;
(4)
To authorize entering into contracts or agreements through the commission's chairperson necessary or incidental to the performance of its duties;
(5)
To establish rules and procedures for conducting the business of the commission; and
(6)
To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities.
(c)
The commission shall be authorized to retain the services of attorneys, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or organizations as determined appropriate by the commission. Such services may be obtained through a request for proposal process conducted through the Office of Planning and Budget; provided, however, that any final selection shall be approved by the commission.
Added by 2019 Ga. Laws 216,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 6 - GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION (§§ 37-1-110 — 37-1-116) › Section 37-1-115 - [Repealed effective 6/30/2025] Subcommittees

(a)
The chairperson of the commission shall appoint the following subcommittees from among the membership of the commission and may also appoint up to two other noncommission-member persons as he or she may determine to be necessary as relevant to and consistent with this article:
(1)
Children and Adolescent Behavioral Health;
(2)
Involuntary Commitment;
(3)
Hospital and Short-Term Care Facilities;
(4)
Mental Health Courts and Corrections; and
(5)
Workforce and System Development.
(b)
The chairperson, at his or her discretion, may designate and appoint other subcommittees from among the membership of the commission and may also appoint up to two other noncommission-member persons as he or she may determine to be necessary as relevant to and consistent with this article.
Added by 2019 Ga. Laws 216,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 6 - GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION (§§ 37-1-110 — 37-1-116) › Section 37-1-115.1 - [Repealed effective 6/30/2025] Exploration of community supervision strategies for individuals with mental illness

The Mental Health Courts and Corrections Subcommittee of the Georgia Behavioral Health Reform and Innovation Commission shall continue its exploration of community supervision strategies for individuals with mental illnesses, including:
(1)
Exploring opportunities to expand access to mental health specialized caseloads to reach a larger share of the supervision population with mental health needs, including prioritizing equitable access to specialized caseloads;
(2)
Assessing the quality of mental health supervision and adherence to evidence based standards to determine how mental health supervision could be improved and identifying services, supports, and training that could equip law enforcement officers to more successfully engage with and reduce recidivism for individuals on community supervision;
(3)
Assessing the availability of mental health treatment providers by supervision region to estimate accessability to treatment across the state; and
(4)
Tracking qualitative and quantitative metrics on the outcomes of any changes made to community supervision strategies for individuals with mental illness to determine the effectiveness of such strategies.
Added by 2022 Ga. Laws 587,§ 4-8, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 6 - GEORGIA BEHAVIORAL HEALTH REFORM AND INNOVATION COMMISSION (§§ 37-1-110 — 37-1-116) › Section 37-1-116 - [Repealed effective 6/30/2025] Abolishment and termination

The commission shall be abolished and this article shall stand repealed on June 30, 2025.
Amended by 2022 Ga. Laws 587,§ 6-3, eff. 7/1/2022.
Added by 2019 Ga. Laws 216,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 7 - [GRANT PROGRAM FOR PURPOSE OF FOSTERING IMPLEMENTATION AND PRACTICE OF ASSISTED OUTPATIENT TREATMENT] (§§ 37-1-120 — 37-1-125) › Section 37-1-120 - Definitions

As used in this article, the term:
(1)
"Addictive disease" has the same meaning as in Code Section
37-1-1
.
(2)
"Assisted outpatient treatment" means involuntary outpatient care, pursuant to Article 3 of Chapter 3 of this title, provided in the context of a formalized, systematic effort led by a community service board or private provider in collaboration with other community partners, endeavoring to:
(A)
Identify residents of the community service board's or private provider's service area who qualify as outpatients pursuant to Code Section
37-3-1
;
(B)
Establish procedures such that upon the identification of an individual believed to be an outpatient, a petition seeking involuntary outpatient care for the individual is filed in the probate court of the appropriate county;
(C)
Provide evidence based treatment, rehabilitation, and case management services under an individualized service plan to each patient receiving involuntary outpatient care, focused on helping the patient maintain stability and safety in the community;
(D)
Safeguard, at all stages of proceedings, the due process rights of respondents alleged to require involuntary outpatient care and patients who have been ordered to undergo involuntary outpatient care;
(E)
Establish routine communications between the probate court and providers of treatment and case management such that for each patient receiving involuntary outpatient care, the court receives the clinical information it needs to exercise its authority appropriately and providers can leverage all available resources in motivating the patient to engage with treatment;
(F)
Continually evaluate the appropriateness of each patient's individualized service plan throughout the period of involuntary outpatient care, and adjust the plan as warranted;
(G)
Employ specific protocols to respond appropriately and lawfully in the event of a failure of or noncompliance with involuntary outpatient care;
(H)
Partner with law enforcement agencies to provide an alternative to arrest, incarceration, and prosecution for individuals suspected or accused of criminal conduct who appear to qualify as outpatients pursuant to Code Section
37-3-1
;
(I)
Clinically evaluate each patient receiving involuntary outpatient care at the end of the treatment period to determine whether it is appropriate to seek an additional period of involuntary outpatient care or assist the patient in transitioning to voluntary care; and
(J)
Ensure that upon transitioning to voluntary outpatient care at an appropriate juncture, each patient remains connected to the treatment services he or she continues to need to maintain stability and safety in the community.
(3)
"Mental health or substance use disorder" means a mental illness or addictive disease.
(4)
"Mental illness" has the same meaning as in Code Section
37-1-1
.
Added by 2022 Ga. Laws 587,§ 3-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 7 - [GRANT PROGRAM FOR PURPOSE OF FOSTERING IMPLEMENTATION AND PRACTICE OF ASSISTED OUTPATIENT TREATMENT] (§§ 37-1-120 — 37-1-125) › Section 37-1-121 - Grant program for implementation of assisted outpatient treatment

The department shall establish and operate a grant program for the purpose of fostering the implementation and practice of assisted outpatient treatment in this state. The grant program shall aim to provide three years of funding, technical support, and oversight to five grantees, each comprising a collaboration between a community service board or private provider, a probate court or courts with jurisdiction in the corresponding service area, and a sheriff's office or offices with jurisdiction in the corresponding service area, which have demonstrated the ability with grant assistance to practice assisted outpatient treatment. Subject to appropriations, the funding, technical support, and oversight pursuant to the grant program shall commence no later than January 1, 2023, and shall terminate on December 31, 2025, or subject to the department's annual review of each grantee, whichever event shall first occur.
Added by 2022 Ga. Laws 587,§ 3-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 7 - [GRANT PROGRAM FOR PURPOSE OF FOSTERING IMPLEMENTATION AND PRACTICE OF ASSISTED OUTPATIENT TREATMENT] (§§ 37-1-120 — 37-1-125) › Section 37-1-123 - Technical assistance providers

Throughout the term of the assisted outpatient treatment grant program, the department shall contract on an annual basis with an organization, entity, or consultant possessing expertise in the practice of assisted outpatient treatment to serve as a technical assistance provider to the grantees. Prior to the conclusion of each of the first two years of the assisted outpatient treatment grant program, the department, in consultation with the grantees, shall review the performance of the technical assistance provider and determine whether it is appropriate to seek to contract with the same technical assistance provider for the following year.
Added by 2022 Ga. Laws 587,§ 3-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 7 - [GRANT PROGRAM FOR PURPOSE OF FOSTERING IMPLEMENTATION AND PRACTICE OF ASSISTED OUTPATIENT TREATMENT] (§§ 37-1-120 — 37-1-125) › Section 37-1-124 - Independent evaluations of the programs; sharing and reporting of information

(a)
Prior to the commencement of funding under the assisted outpatient grant program, the department shall contract with an independent organization, entity, or consultant possessing expertise in the evaluation of community based mental health programs and policy to evaluate:
(1)
The effectiveness of the assisted outpatient grant program in reducing hospitalization and criminal justice interactions among vulnerable individuals with mental health or substance use disorders;
(2)
The cost-effectiveness of the assisted outpatient grant program, including its impact on spending within the public mental health system on the treatment of individuals receiving assisted outpatient treatment and spending within the criminal justice system on the arrest, incarceration, and prosecution of such individuals;
(3)
Differences in implementation of the assisted outpatient treatment model among the grantees and the impact of such differences on program outcomes;
(4)
The impact of the assisted outpatient grant program on the mental health system at large, including any unintended impacts; and
(5)
The perceptions of assisted outpatient treatment and its effectiveness among participating individuals, family members of participating individuals, mental health providers and program staff, and participating probate court judges.
(b)
As a condition for participation in the grant program, the department shall require each grantee to agree to share such program information and data with the contracted research organization, entity, or consultant as the department may require, and to make reasonable accommodations for such organization, entity, or consultant to have access to the grant site and individuals. The department shall further ensure that the contracted research organization, entity, or consultant is able to perform its functions consistent with all state and federal restrictions on the privacy of personal health information.
(c)
In contracting with the research organization, entity, or consultant, the department shall require such organization, entity, or consultant to submit a final report on the effectiveness of the assisted outpatient grant program to the Governor, the chairpersons of the House Committee on Health and the Senate Health and Human Services Committee, and the Office of Health Strategy and Coordination no later than December 31, 2025. The department may also require the organization, entity, or consultant to report interim or provisional findings to the department at earlier dates.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Added by 2022 Ga. Laws 587,§ 3-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 1 - GENERAL PROVISIONS (§§ 37-1-1 — 37-1-125) › Article 7 - [GRANT PROGRAM FOR PURPOSE OF FOSTERING IMPLEMENTATION AND PRACTICE OF ASSISTED OUTPATIENT TREATMENT] (§§ 37-1-120 — 37-1-125) › Section 37-1-125 - Rules and regulations

The department shall adopt and prescribe such rules and regulations as it deems necessary or appropriate to administer and carry out the grant program provided for in this article.
Added by 2022 Ga. Laws 587,§ 3-1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-1 - Declaration of purpose

(a)
The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services.
(b)
It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private.
(c)
It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities.
(d)
The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-2 - Definitions

As used in this chapter, the term:
(1)
"Community service board" means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section
37-2-6
.
(2)
"Community service board area" means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the department pursuant to subsection (b) of Code Section
37-2-3
for the establishment of a community service board.
(3)
"Community service board service area" means a community service board area and any other county or portion thereof in which the community service board provides services.
(4)
"Council" means the Behavioral Health Coordinating Council established pursuant to Code Section
37-2-4
.
(5)
"Governing board" means the governing board of a community service board established pursuant to subsection (b) of Code Section
37-2-6
.
(6)
"Health services" means any education or service provided by the department, the Department of Public Health, or the Department of Human Services, either directly or by contract.
(7)
"Hospital" means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community.
Amended by 2014 Ga. Laws 538,§ 2, eff. 4/16/2014.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2006 Ga. Laws 544,§ 3, eff. 7/1/2006.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
Amended by 2002 Ga. Laws 971, § 2-2, eff. 1/1/2003
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-2.1 - [Repealed] Creation of Division of Mental Health, Developmental Disabilities, and Addictive Diseases

Repealed by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-3 - Designation of boundaries for mental health, development disabilities, and addictive diseases regions; community service board areas

(a)
The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board.
(b)
The department, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability services. The department shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The department, with the approval of the commissioner, is authorized to redesignate two or more community service board areas as a single community service board area. Two or more community service boards may request that the department, with the approval of the commissioner, merge the community service board areas served by such boards into a single community service board area. If the department, with the approval of the commissioner, authorizes the redesignation or merging of community services board areas pursuant to this paragraph, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area.
(c)
To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit. In dividing the state into areas, the board and the department shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services.
Amended by 2014 Ga. Laws 538,§ 3, eff. 4/16/2014.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2006 Ga. Laws 544,§ 4, eff. 7/1/2006.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-4.1 - Local mental health, developmental disabilities, and addictive diseases offices; regional mental health, developmental disabilities, and addictive disease advisory councils

(a)
The department may create local mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the department.
(b)
The department shall create a separate regional mental health, developmental disabilities, and addictive diseases advisory council for each region of the department as established under Code Section
37-2-3
. Each regional advisory council may provide recommendations for the coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the department.
(c)
The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
Amended by 2015 Ga. Laws 236,§ 2, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-5.1 - Allocation of funds

(a)
State, federal, and other funds appropriated to the department and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the department; the term "all funds" shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The department shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region.
(b)
The department shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The department shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements.
(c)
The department, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the department shall develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization.
Amended by 2015 Ga. Laws 236,§ 4, eff. 7/1/2015.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-5.2 - Local offices - Duties, functions, and powers

Under the supervision of the department, each local office shall have the following duties and functions:
(1)
To receive and administer gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services;
(2)
To encourage the development, in cooperation with the department, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region;
(3)
To serve as the representative of the citizens of the area in regard to disability services;
(4)
To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution in coordination with the department, through processes which may include impartial mediation and alternative dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service;
(5)
To assure the highest achievable level of public awareness and understanding of both available and needed disability services;
(6)
To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and
(7)
To participate with other local offices and planning boards, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities:
(A)
To work cooperatively with all units of county and local government, including the county boards of health, within the region; and
(B)
To establish goals and objectives, not inconsistent with those established by the department, for its region.
Amended by 2015 Ga. Laws 236,§ 5, eff. 7/1/2015.
Amended by 2010 Ga. Laws 624,§ 37, eff. 6/3/2010.
Amended by 2010 Ga. Laws 418,§ 7, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-6.3 - Public body; lawsuits; debts, obligations, and liabilities

(a)
A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section
37-2-11.1
.
(b)
A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation.
(c)
The governing board of a community service board as well as the community service board itself shall be prohibited from bringing any action against the state.
(d)
Debts, obligations, and liabilities of a community service board are not debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county.
Amended by 2014 Ga. Laws 538,§ 6, eff. 4/16/2014.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2009 Ga. Laws 8,§ 37, eff. 4/14/2009.
Added by 2002 Ga. Laws 971, § 2-6, eff. 1/1/2003.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-7 - [Repealed and Reserved]

Repealed and reserved by 2024 Ga. Laws 412,§ 2, eff. 4/22/2024.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-8 - [Repealed] Unification of state and area service programs

Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-9 - Coordination of disability services with related activities of other agencies and organizations

To the maximum extent possible, disability services provided by the department and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-9.1 - Compliance by regional planning boards and community service boards with laws as to open meetings and inspection of records; advisory boards

(a)
Each regional planning board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of law.
(b)
Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 37 - MENTAL HEALTH (§§ 37-1-1 — 37-12-14) › Chapter 2 - ADMINISTRATION OF SERVICES (§§ 37-2-1 — 37-2-50) › Article 1 - GENERAL PROVISIONS (§§ 37-2-1 — 37-2-12) › Section 37-2-11 - Allocation of available funds for services; recipients to meet minimum standards; accounting for fees generated by providers; discrimination in providing services prohibited

(a)
It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the department and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department.
(b)
Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the department, shall be reported to the department and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section
37-3-6.1
, subject to appropriations. The department shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The department shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the department; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources.
(c)
No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay.
Amended by 2009 Ga. Laws 102,§ 3-1, eff. 7/1/2009.
Amended by 2006 Ga. Laws 544,§ 9, eff. 7/1/2006.
Amended by 2002 Ga. Laws 971, § 1-7, eff. 7/1/2002.