§ 37-3-146. Education of Children Undergoing Treatment in a Facility
The rights of any child under treatment in a facility to an appropriate education at public expense shall not be abridged during hospitalization; and the special educational needs of each child shall be individually considered and respected. The Department of Behavioral Health and Developmental Disabilities and the State Department of Education shall ensure that education […]
§ 37-3-147. Representatives and Guardians Ad Litem; Notification Provisions; Duration and Scope of Guardianship Ad Litem
At the time a person who has mental illness is admitted to any facility under this chapter or as soon thereafter as reasonably possible given the person’s condition or mental state at the time of admission, such facility shall use diligent efforts to secure the names and addresses of at least two representatives, which names […]
§ 37-3-148. Right of Patients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by This Chapter
At any time and without notice, a person detained by a facility or a mental health care agent, legal guardian, relative, or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the cause and legality of detention and to request any court of competent […]
§ 37-3-149. Establishment of Procedures for Receiving Patients’ and Staff Complaints; Making of Final Decisions; Establishment of Rules and Regulations Implementing Procedures; Complaint Procedures as Alternative to Legal Remedies
Each facility shall establish procedures whereby complaints of the patient or complaints of the staff concerning treatment of the patient can be speedily heard, with final decisions to be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate. The board shall establish reasonable rules and regulations for the […]
§ 37-3-150. [Effective Until July 1, 2023. See note.] Right to Appeal Orders of Probate Court, Juvenile Court, or Hearing Examiner; Payment of Costs of Appeal; Right to Subsequent Appeal; Right to Legal Counsel on Appeal
The patient, the patient’s representatives, or the patient’s attorney may appeal any order of the probate court or hearing officer 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 […]
§ 37-3-150. [Effective July 1, 2023. See note.] Right to Appeal Orders of Probate Court, Juvenile Court, or Hearing Examiner; Payment of Costs of Appeal; Right to Subsequent Appeal; Right to Legal Counsel on Appeal
The patient, the patient’s representatives, or the patient’s attorney may appeal any order of the probate court or hearing officer 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 […]
§ 37-3-140. Retention of Rights and Privileges by Patients Generally; Right to Due Process
Patients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental illness shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due […]
§ 37-3-141. Patients’ Right to Legal Counsel
It shall be the responsibility of the department to see that every patient is given the opportunity to secure legal counsel at his own expense to represent him in connection with private, personal, domestic, business, civil, criminal, and all other legal matters in which he may be involved during hospitalization. History. Code 1933, § 88-502.12, […]
§ 37-3-142. Communication and Visitation Rights of Patients; Inspection, Restriction, and Censorship of Patient Correspondence; Establishment of Regulations Governing Visits and Use of Telephones
Each patient in a facility shall have the right to communicate freely and privately with persons outside the facility and to receive visitors inside the facility. Except as otherwise provided in this Code section, each patient shall be allowed to receive and send sealed, unopened mail; and no patient’s incoming or outgoing mail shall be […]
§ 37-3-143. Patients’ Rights in Regard to Personal Effects; Liability of Facility’s Employees and Staff Members for Loss of or Damage to Patients’ Personal Effects
A patient’s rights to his personal effects shall be respected. The chief medical officer may take temporary custody of such effects when required for medical reasons. The facility shall make reasonable efforts to assure the safety of the patient’s belongings, but no employee or staff member shall be responsible for loss of or damage to […]