§ 37-7-148. Rights 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, a mental health care agent named in such person’s psychiatric advance directive, a legal guardian of such person, or a relative or friend on behalf of such person may petition, as provided by law, for a writ of habeas corpus to question the […]
§ 37-7-149. Establishment of Patients and Staff Complaint Procedures; Making of Final Decisions; 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 […]
§ 37-7-150. [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 of Patient to Subsequent Appeal; Right of Patient 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 […]
§ 37-7-150. [Effective July 1, 2023. See note.] Right to Appeal Orders of Probate Court, Juvenile Court, or Hearing Examiner; Payment of Costs of Appeal; Right of Patient to Subsequent Appeal; Right of Patient 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 […]
§ 37-7-92. Hearing; Notice; Waiver of Hearing; Apprehension and Detention of Patient Failing to Appear; Treatment Upon Waiver
Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section 37-7-91, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient’s […]
§ 37-7-144. Patients’ Right to Vote
Each patient in a facility who is eligible to vote shall be given his right to vote in primary, special, and general elections and in referendums. The superintendent or regional state hospital administrator of each facility shall permit and reasonably assist patients: To obtain voter registration forms, applications for absentee ballots, and absentee ballots; To […]
§ 37-7-93. Court Order for Outpatient Treatment; Physician’s or Psychologist’s Petition to Extend Order; Review of Petition; Hearing on Extension Petition; Patients Under Juvenile Court Jurisdiction
Pursuant to Code Section 37-7-81.1 or Code Section 37-7-92, the court may order the patient to obtain available outpatient treatment for any period not to exceed one year, but the total period of involuntary treatment required by such order, including inpatient treatment within the limitations of Code Section 37-7-81.1, shall not exceed one year. If […]
§ 37-7-145. Employment of Patients Outside Facilities
If a patient wishes to be employed outside a facility and if such employment will aid in the patient’s treatment, he shall be assisted in his efforts to secure suitable employment and all benefits flowing from such employment. The department shall encourage such employment of patients and shall promote the training of patients for gainful […]
§ 37-7-94. Reviews of Individual Service Plans; Discharge of Patients From Treatment; Notice of Discharge
Each individualized treatment plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient’s progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient’s present condition. These reviews should be based upon relevant progress notes in the patient’s […]
§ 37-7-146. 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 […]