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2018 Georgia Code 37-2-5.2 | Car Wreck Lawyer

TITLE 37 MENTAL HEALTH

Section 2. Administration of Mental Health, Developmental Disabilities, Addictive Diseases, and Other Disability Services, 37-2-1 through 37-2-50.

ARTICLE 1 GENERAL PROVISIONS

37-2-5.2. Local offices - Duties, functions, and powers.

Under the supervision of the department, each local office shall have the following duties and functions:

  1. To receive and administer gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services;
  2. To encourage the development, in cooperation with the department, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region;
  3. To serve as the representative of the citizens of the area in regard to disability services;
  4. To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution in coordination with the department, through processes which may include impartial mediation and alternative dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service;
  5. To assure the highest achievable level of public awareness and understanding of both available and needed disability services;
  6. To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and
  7. To participate with other local offices and planning boards, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities:
    1. To work cooperatively with all units of county and local government, including the county boards of health, within the region; and
    2. To establish goals and objectives, not inconsistent with those established by the department, for its region.

(Code 1981, §37-2-5.2, enacted by Ga. L. 1993, p. 1445, § 16; Ga. L. 2002, p. 1324, § 1-7; Ga. L. 2009, p. 453, § 3-1/HB 228; Ga. L. 2010, p. 286, § 7/SB 244; Ga. L. 2010, p. 878, § 37/HB 1387; Ga. L. 2015, p. 1361, § 5/HB 512.)

The 2010 amendments. The first 2010 amendment, effective July 1, 2010, in paragraph (a)(1), substituted "identifying the needs and priorities for" for "for the funding and provisions of all" in the first sentence and substituted "informs" for "is a basis for" near the end of the last sentence. The second 2010 amendment, effective June 3, 2010, part of an Act to revise, modernize, and correct the Code, revised language in paragraph (a)(8).

The 2015 amendment, effective July 1, 2015, deleted the subsection (a) designation; substituted "local office" for "regional office" in the introductory paragraph; deleted former paragraph (a)(1), which read: "To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan identifying the needs and priorities for disability services in the region. The plan shall be submitted to the department at a time and in the manner specified by the department so as to ensure that the plan informs the annual appropriations request; deleted former paragraph (a)(2), which read: "To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region;"; deleted former paragraph (a)(3), which read: "To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services;"; redesignated former paragraph (a)(4) as present paragraph (1), and, in paragraph (1), deleted "grants," preceding "gifts"; deleted paragraph (a)(5), which read: "To enter into contracts on behalf of the department with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the department necessary or incidental to the performance of duties and functions of the department and regional office;"; redesignated former paragraphs (a)(6) through (a)(11) as present paragraphs (2) through (7); inserted "in coordination with the department" near the middle of paragraph (4); substituted "local offices" for "regional offices" near the beginning of the introductory paragraph (7); added "and" at the end of subparagraph (7)(A); substituted a period for "; and" at the end of subparagraph (7)(B); deleted former subparagraph (a)(11)(C), which read: "To participate in the establishment and operation of a data base and network, coordinated by the department, to serve as a comprehensive management information system for disability services and programs."; deleted former subsection (b), which read: "It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the department the flexibility, responsibility, and authority necessary to enter into contracts on behalf of the department with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the department, regional offices are specifically authorized to enter into contracts on behalf of the department directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services."; and deleted former subsection (c), which read: "Each regional office shall account for all funds received, expended, and administered and shall make reports to the department regarding the funds received from the department. The audit of such activity shall be part of the annual audit of the department."

Editor's notes.

- Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "

Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.

Ga. L. 1993, p. 1445, which enacts this Code section, provides, in § 19.1, not codified by the General Assembly, that this Code section is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed this Code section.

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