Georgia Code
Title 37 - Mental Health
Chapter 4 - Habilitation of the Developmentally Disabled Generally

Article 1 - General Provisions

§ 37-4-1. Declaration of Policy - The State of Georgia recognizes the capacity of all of...

§ 37-4-2. Definitions - As used in this chapter, the term: History. Code 1933,...

§ 37-4-3. Authority of Board to Issue Regulations; Powers of Department Generally - Notwithstanding the powers granted to the department under this Code...

§ 37-4-4. Coordination of Training Programs for the Developmentally Disabled - The State Department of Education is authorized and directed to...

§ 37-4-5. Validity of Hospitalization Orders Entered Before September 1, 1978; Establishment of Regulations Authorizing Continued Care for Clients Receiving Services Pursuant to Orders Entered Before September 1, 1978; Validity of Hospitalization Ord... - History. Code 1933, § 88-2509.6, enacted by Ga. L. 1978,...

§ 37-4-6. 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...

§ 37-4-7. Apprehension by Peace Officer of Developmentally Disabled Person Who Leaves Facility Without Permission - If, during the period of habilitation authorized by this chapter...

§ 37-4-8. Approval of Private Facilities; Powers and Duties of Private Facilities; Right to Deny Admission - Any private facility within this state may be approved as...

Article 2 - Procedures for Obtaining Services From the Department

Part 2 - Court Ordered Services

§ 37-4-42. Procedure for Continuation of Court Ordered Habilitation - History. Code 1933, § 88-2507, enacted by Ga. L. 1978,...

§ 37-4-44. Periodic Review of Individualized Program Plan; Discharge or Transfer to Another Facility Upon Change in Client’s Needs; Notice of Discharge or Transfer - History. Ga. L. 1919, p. 377, § 6; Ga. L....

Article 3 - Placement, Transfer, and Transportation of Developmentally Disabled Persons Undergoing Habilitation, Generally

§ 37-4-60. Designation of Facility to Which Client to Be Admitted; Transfers of Clients Between Private and State Owned Facilities; Transfers of Clients Generally - History. Ga. L. 1956, p. 728, § 1; Code 1933,...

§ 37-4-61. Transportation of Clients Generally - History. Code 1933, § 88-2503.17, enacted by Ga. L. 1978,...

§ 37-4-62. Transfer of Clients to Custody of Federal Agencies for Services; Retention of Jurisdiction Over Clients by State Courts; Jurisdiction Over Developmentally Disabled Persons in Federal Hospitals and Institutions Located in State - History. Code 1933, § 88-2509.4, enacted by Ga. L. 1978,...

§ 37-4-63. Procedure for Transfer of Georgia Residents From Out-of-State Facilities to Georgia Facilities - Upon application to the department by a parent, spouse, next...

§ 37-4-64. Procedure Upon Discovery That a Client Receiving Court Ordered Services From a Georgia Facility Is Not a Resident - If a client who is a resident in a facility...

Article 4 - Payment of Expenses of Care and Transportation of Developmentally Disabled Persons Undergoing Habilitation, Generally

§ 37-4-80. Effect of Inability to Pay on Right to Habilitation Services - It is the policy of this state that no person...

§ 37-4-81. Liability for Expenses for Transporting, Examining, and Caring for Clients - History. Code 1933, § 88-2508, enacted by Ga. L. 1964,...

§ 37-4-82. Payment of Expenses Incurred in Connection With Hearings Held Under This Chapter - History. Code 1933, § 88-2508, enacted by Ga. L. 1964,...

Article 5 - Rights and Privileges of Developmentally Disabled Persons Undergoing Habilitation, Their Representatives, etc., Generally

Part 1 - General Provisions

§ 37-4-100. Retention of Rights and Privileges by Clients Generally; Right to Due Process - Clients shall retain all rights and privileges granted other persons...

§ 37-4-101. Clients’ Right to Legal Counsel - It shall be the responsibility of the department to see...

§ 37-4-102. Right of Clients to Communicate With Persons Outside Facility and to Receive Visitors; Treatment of Client Correspondence; Establishment of Regulations Governing Visitation and Telephone Usage - History. Code 1933, § 88-2503.7, enacted by Ga. L. 1978,...

§ 37-4-103. Clients’ Rights in Regard to Personal Effects; Liability of Facility’s Employees and Staff Members for Loss of or Damage to Clients’ Personal Effects - A client’s rights to his personal effects shall be respected....

§ 37-4-104. Clients’ Right to Vote - Each client in a facility who is eligible to vote...

§ 37-4-105. Employment of Clients Outside Facilities - If a client wishes to be employed outside a facility...

§ 37-4-106. Education of Children Who Are Clients - The rights of any child receiving habilitation in a facility...

§ 37-4-107. Appointment of Client Representatives and Guardians Ad Litem; Notification Provisions; Duration and Scope of Guardianship Ad Litem - History. Code 1933, § 88-2503.18, enacted by Ga. L. 1978,...

§ 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 - History. Code 1933, §§ 88-2503.14, 88-2505, enacted by Ga. L....

§ 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...

§ 37-4-110. [Effective Until July 1, 2023. See note.] 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...

§ 37-4-110. [Effective July 1, 2023. See note.] 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...

Part 2 - Rights and Privileges as to Manner of Habilitation and as to Maintenance and Release of Clinical Records

§ 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...

§ 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...

§ 37-4-122. Client’s Care and Treatment Rights - History. Code 1933, § 88-2503.4, enacted by Ga. L. 1978,...

§ 37-4-123. Recognition of Clients’ Physical Integrity; Rights to Refuse Medication; Obtaining Consent to Treatment and Surgery; Performance of Emergency Surgery; Immunity of Physician; Direction of Notice of Actions Taken Under Code Section - History. Code 1933, § 88-2516, enacted by Ga. L. 1977,...

§ 37-4-124. Mistreatment, Neglect, or Abuse of Clients Prohibited; Use of Medication, Physical Restraints, or Seclusion Restricted; Standards for Use of Physical Restraints - History. Code 1933, § 88-2503.5, enacted by Ga. L. 1978,...

§ 37-4-125. Treatment of Clinical Records; Scope of Privileged Communications; Liability for Disclosure - (2.1) A copy of the record of a deceased client...

§ 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 - History. Code 1933, § 88-2503.13, enacted by Ga. L. 1978,...

§ 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,...