O.C.G.A.

O.C.G.A. § 37-5-2 (2019)

Declaration of policy

✓ 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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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.

History

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

Annotations

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.

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: MacOn Ass'n for Retarded Citizens v. MacOn-bibb Cnty. Plan. & Zoning Comm'n, 314 S.E.2d 218 (Ga. 1984).

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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). · cites it 20× “(2) The Commission's decision violates the policy of this state as expressed in OCGA § 37-5-2 (Code Ann. § 99-3302). (3) The Commission's decision is null and void because the petitioner's governmental function of providing housing for the mentally retarded is immune from…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.