---
title: O.C.G.A. § 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 orders entered before July 1, 2011.
collection: code
id: 37-4-5
cite_as: O.C.G.A. § 37-4-5 (2025)
canonical_url: https://georgiacommons.org/code/37-4-5
md_url: https://georgiacommons.org/code/37-4-5.md
text_url: https://georgiacommons.org/code/37-4-5/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=228
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/37-4.md
previous: https://georgiacommons.org/code/37-4-4.md
next: https://georgiacommons.org/code/37-4-6.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MENTAL HEALTH / HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY / GENERAL PROVISIONS
---

# O.C.G.A. § 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 orders entered before July 1, 2011.

(a) No hospitalization of a developmentally disabled person lawful before September 1, 1978, shall be deemed unlawful because of the enactment of this chapter. The board is authorized to establish reasonable regulations to require that the superintendent or regional state hospital administrator of each facility where developmentally disabled persons are in residence apply under Code Section 37-4-42 for an order authorizing continued care of a client for whom such care is necessary and who was initially hospitalized under an order of a court prior to September 1, 1978. Such prior orders of hospitalization entered by the courts, unless superseded at an earlier date by an order under this chapter, or unless such prior orders expire under their own terms at an earlier date, shall remain valid until 12 months following September 1, 1978, after which all such orders shall be null and void and of no effect.

(b) No hospitalization of a person with developmental disabilities which was lawful before July 1, 2011, shall be deemed unlawful because of the repeal of former Code sections under Article 2 of this chapter.

## History

Code 1933, § 88-2509.6, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 2002, p. 1324, § 1-19; Ga. L. 2009, p. 453, § 3-5/HB 228; Ga. L. 2011, p. 337, § 2/HB 324.