Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 37-3-22 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-3-22 Case Law from Google Scholar Amendments to OCGA 37-3-22

TITLE 37 MENTAL HEALTH

Section 3. Examination, Treatment, etc., for Mental Illness, 37-3-1 through 37-3-168.

ARTICLE 2 HOSPITALIZATION AND TREATMENT OF VOLUNTARY PATIENTS

37-3-22. Right of voluntary patient to discharge upon application; exception; procedure on denial of application for discharge; notice of discharge.

  1. A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-3-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81.
  2. Notice of discharge of patients who have been transferred from involuntary to voluntary status shall be given pursuant to Code Section 37-3-24.

(Ga. L. 1952, p. 94, § 3; Ga. L. 1958, p. 697, § 4; Ga. L. 1960, p. 837, § 4; Code 1933, § 88-504, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-503.3, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1983, p. 3, § 28; Ga. L. 1991, p. 1059, § 9; Ga. L. 1992, p. 6, § 37.)

JUDICIAL DECISIONS

Voluntary patients with legal guardians.

- State's policy of discharging a voluntary patient who has a legal guardian or affording the patient an involuntary commitment hearing only upon the request of the patient's guardian deprives the patient of the patient's right to challenge the patient's confinement and violates due process. Heichelbech v. Evans, 798 F. Supp. 708 (M.D. Ga. 1992), aff'd, 995 F.2d 237 (11th Cir.), cert. denied, 510 U.S. 947, 114 S. Ct. 389, 126 L. Ed. 2d 338 (1993).

Distinguishing between voluntary patients with legal guardians and those without in the state's procedure for discharge from a state mental hospital does not violate equal protection since there is a rational basis for the distinction. Heichelbech v. Evans, 798 F. Supp. 708 (M.D. Ga. 1992), aff'd, 995 F.2d 237 (11th Cir.), cert. denied, 510 U.S. 947, 114 S. Ct. 389, 126 L. Ed. 2d 338 (1993).

Section inapplicable to release on pass.

- O.C.G.A. §§ 37-3-21 and37-3-22 did not apply in a negligence action against a hospital based on the hospital's release on a 24-hour pass of a patient who subsequently murdered the patient's mother. Board of Regents v. Riddle, 229 Ga. App. 15, 493 S.E.2d 208 (1997).

Cited in J.L. v. Parham, 412 F. Supp. 112 (M.D. Ga. 1976); Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 101 (1979).

OPINIONS OF THE ATTORNEY GENERAL

Voluntary patient at a state hospital may be picked up and returned to the hospital by the hospital police if the patient leaves without making a request to be discharged and without permission. 1970 Op. Att'y Gen. No. U70-183.

RESEARCH REFERENCES

ALR.

- Liability of one releasing institutionalized mental patient for harm he causes, 38 A.L.R.3d 699.

Cases Citing Georgia Code 37-3-22 From Courtlistener.com

Total Results: 1

Georgia Mental Health Institute v. Brady

Court: Supreme Court of Georgia | Date Filed: 1993-11-08

Citation: 436 S.E.2d 219, 263 Ga. 591, 93 Fulton County D. Rep. 3957, 1993 Ga. LEXIS 792

Snippet: for inpatient treatment at its facility. OCGA § 37-3-22. The probate court heard GMHI’s petition, determined