2010 Georgia Code 37-4-21 Case Law
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One Click Case Law for § 37-4-21
O.C.G.A. § 37-4-20 <-- --> O.C.G.A. §37-4-22



2010 Georgia Code

TITLE 37 - MENTAL HEALTH

CHAPTER 4 - HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY
ARTICLE 2 - PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT
PART 1 - GENERAL PROVISIONS
§ 37-4-21 - Admission of developmentally disabled persons to facilities for purposes of temporary supervision and care

O.C.G.A. 37-4-21 (2010)
37-4-21. Admission of developmentally disabled persons to facilities for purposes of temporary supervision and care


(a) For purposes of this Code section, the term "respite care" means care and supervision for the person to be admitted while the person or persons with whom the person to be admitted usually resides are unavailable due to illness, absence, or needed rest. The level of treatment administered during such admission shall not exceed the level normally received by the person to be admitted while such person is living in his usual environment.

(b) The regional state hospital administrator of any facility may admit any developmentally disabled person for purposes of receiving respite care when there is an available bed appropriate to the specific needs of the client. The request for admission may be made by the person to be admitted if he is 18 years of age or older; by his parents, guardian, or person standing in loco parentis; or by his guardian if he has been declared legally incompetent.

(c) An admission for respite care shall be for no longer than two weeks, provided that a person may be admitted for additional periods of respite care; provided, further, that there shall be no more than two admissions for respite care within any six-month period, counted from the first day of such an admission. Any such admission which exceeds limits provided in this Code section must be in accordance with the procedure in Code Section 37-4-20 or 37-4-40. This Code section shall not apply when the person sought to be admitted is living in a nursing home, as defined in paragraph (2) of Code Section 43-27-1, or a personal care home, as defined in Code Section 31-7-12.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com