O.C.G.A.

O.C.G.A. § 31-14-2 (2019)

Petition for commitment

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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When the county board of health or the Department of Public Health has evidence that any person has active tuberculosis and is violating the rules and regulations promulgated by the department or the orders issued by the county board of health and thereby presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or the department to comply with such rules, regulations, or orders, the county board of health or the department shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides or, if such person is a nonresident or has no fixed place of abode, in the county wherein such person may be found. The petition executed under oath shall state the specific evidence supporting the allegations, that the evidence has existed within the preceding 30 days, that the person named therein has active tuberculosis and is violating the rules and regulations of the department or the orders of the county board of health and presents a substantial risk of exposing other persons to an imminent danger of infection, after having been directed by the county board of health or department to comply with such rules, regulations, or orders, and that the public health requires commitment of the person named therein. The petition must be accompanied by a certificate of a physician stating that the physician knows or suspects that the person named therein may have active tuberculosis, the evidence which forms the basis of this opinion, and whether a full evaluation of the person is necessary.

History

Ga. L. 1953, Nov.-Dec. Sess., p. 348, § 4; Code 1933, § 88-704, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1995, p. 1231, § 1; Ga. L. 2005, p. 1513, § 1/SB 56; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.

Annotations

Law reviews. - For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL Involuntary commitment of one with infectious tuberculosis who becomes intoxicated. - If a person with infectious tuberculosis becomes intoxicated it is possible that the person’s be-

havior might subject the person to involuntary commitment, but only if the person is conducting oneself so as to expose other persons. 1972 Op. Att’y Gen. No. U72-106.

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Health, §§ 53 et seq., 64 et seq.

C.J.S. - 39A C.J.S., Health and Environment, §§ 28 et seq., 43.

Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Kappers v. DeKalb Cnty. Bd. of Health, 446 S.E.2d 794 (Ga. Ct. App. 1994).
Kappers v. DeKalb Cnty. Bd. of Health, 446 S.E.2d 794 (Ga. Ct. App. 1994). · cites it 2× “The DeKalb County Board of Health (“the Board”) filed a petition pursuant to OCGA § 31-14-2 for the isolation and involuntary outpatient treatment of John Kappers (defendant), alleging defendant has contagious tuberculosis but refuses to comply with a treatment plan promulgated…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.