- The chief medical officer of any facility may receive for observation and diagnosis any patient 12 years of age or older making application therefor, any patient under 18 years of age for whom such application is made by his or her parent or guardian, any patient who has a psychiatric advance directive and for whom such application is made by his or her mental health care agent, and any patient who has been declared legally incompetent and for whom such application is made by his or her guardian. If found to show evidence of mental illness and to be suitable for treatment, such person may be given care and treatment at such facility; and such person may be detained by such facility until discharged pursuant to Code Section 37-3-21 or 37-3-22. The parents or guardian of a minor child must give written consent to such treatment. An individualized service plan shall be developed for such person as soon as possible.
- Any individual voluntarily admitted to a facility under this Code section shall be given notice of his or her rights under this chapter at the time of admission.
History. Ga. L. 1952, p. 94, § 1; Ga. L. 1958, p. 697, § 2; Ga. L. 1960, p. 837, § 2; Code 1933, § 88-502, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-503.1, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 2022, p. 611, § 2-23/HB 752.
The 2022 amendment, effective July 1, 2022, in the first sentence in subsection (a), substituted “his or her parent” for “his parent” and “his or her guardian” for “his guardian”, and inserted “any patient who has a psychiatric advance directive and for whom such application is made by his or her mental health care agent,”; and in subsection (b), substituted “his or her rights” for “his rights” and deleted “his” preceding “admission”.
Law reviews.
For note comparing procedures for hospitalization of the mentally ill in Georgia to other jurisdictions and suggesting improvements, see 7 Mercer L. Rev. 361 (1956).
For article comparing hospitalization of mentally ill under Code 1933, Ch. 49-6, to present procedures under this chapter, see 23 Ga. B.J. 191 (1960).
For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
For comment on Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493 , 61 L. Ed. 2 d 101 (1979); Secretary of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640, 99 S. Ct. 2523 , 61 L. Ed. 2 d 142 (1979), regarding juvenile commitment to state mental hospitals upon application of parents or guardians, see 29 Emory L.J. 517 (1980).
For note, “Due Process Rights of Minors and Parental Authority in Civil Commitment Cases,” see 31 Mercer L. Rev. 617 (1980).
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).