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Official Code of Georgia Annotated

Title 37. MENTAL HEALTH · Chapter 4. HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY · Article 5. RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY · Part 1. GENERAL PROVISIONS

37-4-110. 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.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. The client, the client’s representatives, or the client’s attorney may appeal any order of the probate court or administrative law judge rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals or the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals or the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he or she is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, or the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for the client by the court. The appeal rights provided to the client, the client’s representatives, or the client’s attorney in this Code section are in addition to any other appeal rights which the parties may have, and the provision of the right for the client, the client’s representatives, or the client’s attorney to appeal does not deny the right to the Department of Behavioral Health and Developmental Disabilities to appeal under the general appeal provisions of Code Section 5-3-4.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 88-2503.19, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1986, p. 982, § 12; Ga. L. 1994, p. 1072, § 3; Ga. L. 1995, p. 10, § 37; Ga. L. 2009, p. 453, § 3-2/HB 228; Ga. L. 2011, p. 337, § 8/HB 324; Ga. L. 2016, p. 883, §§ 3-13, 3-14/HB 927; Ga. L. 2022, p. 767, § 2-28/HB 916.

Amendments

The 2022 amendment, effective July 1, 2023, substituted “Code Section 5-3-4” for “Code Sections 5-3-2 and 5-3-3” at the end of this Code section. See Editor’s notes for applicability.

Editor's notes

Ga. L. 2022, p. 767, § 3-1/HB 916, not codified by the General Assembly, makes this Code section applicable to petitions for review filed in superior or state court on or after July 1, 2023.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-pdf.pdf, Volume V28, 2021 edition, 2025 supplement, page 100; merge action: replaced; file SHA-256 6e7899178423.