2010 Georgia Code 37-4-40-2 Case Law
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One Click Case Law for § 37-4-40-2
O.C.G.A. § 37-4-40-1 <-- --> O.C.G.A. §37-4-40-3



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 2 - COURT ORDERED SERVICES
§ 37-4-40.2 - Admission or discharge of a person in custody of a state facility for temporary care; notice of proposed discharge

O.C.G.A. 37-4-40.2 (2010)
37-4-40.2. Admission or discharge of a person in custody of a state facility for temporary care; notice of proposed discharge


(a) A client taken to a facility pursuant to Code Section 37-4-40.1 shall be received there for examination by a physician as soon thereafter as possible and may be given such emergency care and treatment as indicated. The client must be discharged from that facility within 48 hours, Saturdays, Sundays, and holidays excluded, after being received into the physical custody of that facility unless the regional state hospital administrator of that facility, or that regional state hospital administrator's designee, admits the client to the facility and files a petition for a full and fair hearing with the court of the county in which the facility is located stating that the client has been personally examined by a physician or psychologist in conjunction with other interdisciplinary staff designated by the regional state hospital administrator at the facility and found to be a developmentally disabled person requiring temporary and immediate care, which finding shall be entered on a certificate accompanying the petition.

(b) Notice of any proposed discharge under subsection (a) of this Code section shall be given to the client and the client's representatives and to any physician or psychologist who executed a certificate under Code Section 37-4-40.1 authorizing the transportation of the client to the facility.

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

graham@syfert.com