One Click Case Law for § 37-4-40-5
O.C.G.A. § 37-4-40-4 <-- --> O.C.G.A. §37-4-40

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
§ 37-4-40.5 - Hearing to determine disposition of a person in custody of a state facility for temporary care

O.C.G.A. 37-4-40.5 (2010)
37-4-40.5. Hearing to determine disposition of a person in custody of a state facility for temporary care


(a) Within 20 days after a petition for hearing is filed under paragraph (1) of subsection (a) of Code Section 37-4-40.3, the court shall hold the petitioned for hearing.

(b) At least seven days prior to the hearing required under subsection (a) of this Code section, the court shall have served on the client, the client's representatives, and the petitioner for the hearing a notice of the date, time, and place of the hearing, which notice to the client and the client's representatives shall also include:

(1) A copy of the petition;

(2) A notice that the client has a right to counsel and that the client or the client's representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that the client will have retained counsel by the time set for hearing or waives the client's right to counsel; and

(3) A copy of the evaluation report and the individualized program plan developed under subsection (b) of Code Section 37-4-40.4.

(c) The full and fair hearing required by this Code section shall be held as provided in subsections (e) and (f) of Code Section 37-4-40, and the court may take any action therein authorized subject to the conditions and limitations specified therein and may discharge the client from the facility to which the client was admitted.

(d) Persons shall have those rights required to be specified therefor in notices pursuant to this Code section and Code Section 37-4-40.3.