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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-5-2 Case Law from Google Scholar Amendments to OCGA 37-5-2

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 O.C.G.A. § 37-5-2

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MacOn Ass'n for Retarded Citizens v. MacOn-bibb Cnty. Plan. & Zoning Comm'n, 314 S.E.2d 218 (Ga. 1984).

Cited 28 times | Published | Supreme Court of Georgia | Apr 4, 1984 | 252 Ga. 484

...ction scrutiny under the United State Supreme Court's multi-tiered equal-protection classification system. See Sterling v. Harris, 478 FSupp. 1046 (N.D. Ill. 1979). (2) The Commission's decision violates the policy of this state as expressed in OCGA § 37-5-2 (Code Ann....
...ional basis for the definition of occupancy of a single-family dwelling contained in the Resolution, and the petitioner has failed to show that mentally retarded adults fall within a suspect classification under the equal-protection clause. (2) OCGA § 37-5-2 (Code Ann....
...ervices for certain mentally retarded Department of Public Health (now Department of Human Resources) to encourage and assist the county boards of health in planning and developing community services. Ga. L. 1972, p. 700. Under § 2 of the Act (OCGA § 37-5-2 (Code Ann....
...The contract provides for payment of state funds to MARC for salaries of personnel and maintenance of the residence. (The construction of the residence is to be financed by a federal grant from HUD.) State law expresses a policy for community placement of mentally retarded individuals, OCGA § 37-5-2 (Code Ann....
...570 (381 A2d 1188) (1978). Georgia statutes express a strong policy in favor of community placement of mentally retarded persons. Chapter 5 of the Mental Health Code, enacted by 1972 Ga. Laws 700, is entitled "Community Services Act for the Mentally Retarded." OCGA § 37-5-2 (Code Ann....