O.C.G.A.

O.C.G.A. § 37-4-8 (2019)

Approval of private facilities; powers and duties of private facilities; right to deny admission

✓ 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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Any private facility within this state may be approved as a facility for the habilitation of developmentally disabled persons by the department at the request of or with the consent of the governing officers of such private facility. When so approved, the private facility shall have all powers given to the corresponding type of facility under this chapter for evaluation and habilitation and shall have all duties and obligations of such facilities imposed by this chapter, except that any such private facility may decline to accept any client who is unable to pay it for habilitation services or for whom it has no available space.

History

Code 1933, § 88-2509.5, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 2009, p. 453, § 3-5/HB 228.

Annotations

RESEARCH REFERENCES ALR. - Applicability and application of zoning regulations to single residences employed for group living of mentally retarded persons, 32 A.L.R.4th 1018. Validity, construction, and effect of stat-

ute requiring consultation with, or approval of, local governmental unit prior to locating group home, halfway house, or similar community residence for the mentally ill, 51 A.L.R.4th 1096.

ARTICLE 2 PROCEDURES FOR OBTAINING SERVICES FROM THE DEPARTMENT PART 1 GENERAL PROVISIONS 37-4-20 through 37-4-22. Reserved. Repealed by Ga. L. 2011, p. 337, § 3/HB 324, effective July 1, 2011.

Code Commission notes. - Former Code Section 37-4-21 was repealed effective July 1, 2011, by operation of Ga. L. 2011, p. 337, § 3. However, Ga. L. 2011, p. 227, § 25, effective July 1, 2011, purported to amend Code Section 37-4-21 to substitute ‘‘a personal care home, as defined in subsection (a) of Code Section 31-7-12, or an assisted living community, as defined in Code Section 31-7-12.2’’ for

‘‘or a personal care home, as defined in Code Section 31-7-12’’ in the last sentence of subsection (c). For effect of subsequent amendment of a repealed statute, see Lampkin v. Pike, 115 Ga. 827 (1902). Editor’s notes. - These Code sections were based on Code 1933, §§ 88-2504.1 through 88-2504.3, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1979, p. 734, § 5; Ga. L. 1980, p. 1160, § 1; Ga. L. 1982,

p. 3, § 37; Ga. L. 2002, p. 1324, § 1-18; Ga. L. 2009, p. 453, § 3-5/HB 228; Ga. L. 2010, p. 878, § 37/HB 1387.

PART 2 COURT ORDERED SERVICES