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2018 Georgia Code 37-5-2 | Car Wreck Lawyer

TITLE 37 MENTAL HEALTH

Section 5. Community Services for the Developmentally Disabled, 37-5-1 through 37-5-10.

ARTICLE 5 RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY

37-5-2. Declaration of policy.

Since the State of Georgia accepts a responsibility for its developmentally disabled citizens and an obligation to them which it must discharge, facilities, programs, and services shall be made available to meet the needs of each developmentally disabled person during his entire lifetime. The primary purpose of this chapter shall be to provide community based alternatives to total institutional care so that developmentally disabled individuals can continue to live in their home communities.

(Ga. L. 1972, p. 700, § 2; Ga. L. 2009, p. 453, § 3-5/HB 228; Ga. L. 2010, p. 878, § 37/HB 1387.)

The 2010 amendment, effective June 3, 2010, part of an Act to revise, modernize, and correct the Code, revised punctuation in the last sentence.

JUDICIAL DECISIONS

Building and operation of home subject to zoning regulations.

- Nonprofit corporation attempting to build and operate a community home for mentally retarded adults consistent with O.C.G.A. § 37-5-2 is not immune from local zoning regulations. Macon Ass'n for Retarded Citizens v. Macon-Bibb County Planning & Zoning Comm'n, 252 Ga. 484, 314 S.E.2d 218, appeal dismissed, 469 U.S. 802, 105 S. Ct. 57, 83 L. Ed. 2d 8 (1984).

OPINIONS OF THE ATTORNEY GENERAL

When aid to parent for child care cannot be ordered.

- If the state or county is unable to help a parent obtain help for a child and if the parent cannot afford what private care is available, the juvenile courts of this state cannot order the state or county to help the parent bear the cost of caring for the child. 1967 Op. Att'y Gen. No. 67-88.

Cases Citing Georgia Code 37-5-2 From Courtlistener.com

Total Results: 1

MacOn Ass'n for Retarded Citizens v. MacOn-bibb County Planning & Zoning Commission

Court: Supreme Court of Georgia | Date Filed: 1984-04-04

Citation: 314 S.E.2d 218, 252 Ga. 484, 1984 Ga. LEXIS 713

Snippet: the policy of this state as expressed in OCGA § 37-5-2 (Code Ann. § 99-3302). (3) The Commission's decision