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Georgia Commons

Título 37. MENTAL HEALTH

Capítulo 4. HABILITATION OF THE DEVELOPMENTALLY DISABLED GENERALLY

42 secciones · 37-4-1 a 37-4-127

Legible por máquinas https://georgiacommons.org/code/37-4.md · https://georgiacommons.org/code/index.md · MCP https://mcp.georgiacommons.org/mcp

Artículo 1. GENERAL PROVISIONS

  1. 37-4-1Declaration of policy.
  2. 37-4-2Definitions.
  3. 37-4-3Authority of board to issue regulations; powers of department generally.
  4. 37-4-4Coordination of training programs for the developmentally disabled.
  5. 37-4-5Validity 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.
  6. 37-4-6Immunity from liability for actions taken in good faith compliance with admission and discharge provisions of chapter.
  7. 37-4-7Apprehension by peace officer of developmentally disabled person who leaves facility without permission.
  8. 37-4-8Approval of private facilities; powers and duties of private facilities; right to deny admission.

Artículo 2. PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT · Parte 1. GENERAL PROVISIONS

  1. 37-4-20 a 37-4-22(sin encabezado impreso)Derogada

Artículo 2. PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT · Parte 2. COURT ORDERED SERVICES

  1. 37-4-40Filing petition with court for according of program of services to developmentally disabled person; order for examination of person by comprehensive evaluation team; report by team; petition hearing; procedure upon finding that department services are necessary.Derogada
  2. 37-4-40.1 a 37-4-40.5(sin encabezado impreso)Derogada
  3. 37-4-41Procedure upon failure of or client’s noncompliance with court ordered habilitation program.Derogada
  4. 37-4-42Procedure for continuation of court ordered habilitation.
  5. 37-4-43Appointment of hearing examiners for hearings as to continued habilitation; powers of hearing examiners generally; issuance of subpoenas; appointment of counsel.Derogada
  6. 37-4-44Periodic review of individualized program plan; discharge or transfer to another facility upon change in client’s needs; notice of discharge or transfer.

Artículo 3. PLACEMENT, TRANSFER, AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY

  1. 37-4-60Designation of facility to which client to be admitted; transfers of clients between private and state owned facilities; transfers of clients generally.
  2. 37-4-61Transportation of clients generally.
  3. 37-4-62Transfer of clients to custody of federal agencies for services; retention of jurisdiction over clients by state courts; jurisdiction over developmentally disabled persons in federal hospitals and institutions located in state.
  4. 37-4-63Procedure for transfer of Georgia residents from out-of-state facilities to Georgia facilities.
  5. 37-4-64Procedure upon discovery that a client receiving court ordered services from a Georgia facility is not a resident.

Artículo 4. PAYMENT OF EXPENSES OF CARE AND TRANSPORTATION OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, GENERALLY

  1. 37-4-80Effect of inability to pay on right to habilitation services.
  2. 37-4-81Liability for expenses for transporting, examining, and caring for clients.
  3. 37-4-82Payment of expenses incurred in connection with hearings held under this chapter.

Artículo 5. RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY · Parte 1. GENERAL PROVISIONS

  1. 37-4-100Retention of rights and privileges by clients generally; right to due process.
  2. 37-4-101Clients’ right to legal counsel.
  3. 37-4-102Right of clients to communicate with persons outside facility and to receive visitors; treatment of client correspondence; establishment of regulations governing visitation and telephone usage.
  4. 37-4-103Clients’ rights in regard to personal effects; liability of facility’s employees and staff members for loss of or damage to clients’ personal effects.
  5. 37-4-104Clients’ right to vote.
  6. 37-4-105Employment of clients outside facilities.
  7. 37-4-106Education of children who are clients.
  8. 37-4-107Appointment of client representatives and guardians ad litem; notification provisions; duration and scope of guardianship ad litem.
  9. 37-4-108Right of clients or representatives to petition for writ of habeas corpus and for judicial protection of rights and privileges granted by chapter.
  10. 37-4-109Establishment of patients and staff complaint procedure; final decisionmakers; right of administrative appeal; complaint procedures as alternative to legal remedies.
  11. 37-4-110Appeal rights of clients, their representatives, or attorneys; payment of costs of appeal; right of client to subsequent appeal and to legal counsel on appeal.

Artículo 5. RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY · Parte 2. RIGHTS AND PRIVILEGES AS TO MANNER OF HABILITATION AND AS TO MAINTENANCE AND RELEASE OF CLINICAL RECORDS

  1. 37-4-120Individual dignity of clients to be respected; use of criminal facilities and procedures.
  2. 37-4-121Securing of least restrictive alternative placement; assisting client in securing placement in noninstitutional community facilities and programs.
  3. 37-4-122Client’s care and treatment rights.
  4. 37-4-123Recognition of clients’ physical integrity; rights to refuse medication; obtaining consent to treatment and surgery; performance of emergency surgery; immunity of physician; direction of notice of actions taken under Code section.
  5. 37-4-124Mistreatment, neglect, or abuse of clients prohibited; use of medication, physical restraints, or seclusion restricted; standards for use of physical restraints.
  6. 37-4-125Treatment of clinical records; scope of privileged communications; liability for disclosure.
  7. 37-4-126Right of client to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter.
  8. 37-4-127Right of client’s attorney to interview persons in charge of client’s habilitation in a facility; establishment of regulations as to release of information to client’s attorney.