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2018 Georgia Code 37-7-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 37-7-61 Case Law from Google Scholar Amendments to OCGA 37-7-61

TITLE 37 MENTAL HEALTH

Section 7. Hospitalization and Treatment of Alcoholics, Drug Dependent Individuals, and Drug Abusers, 37-7-1 through 37-7-168.

ARTICLE 3 EXAMINATION, HOSPITALIZATION, AND TREATMENT OF INVOLUNTARY PATIENTS

37-7-61. Petition for court ordered evaluation.

Proceedings for a court ordered evaluation may be initiated in the following manner:

  1. Any person may file an application executed under oath with the community mental health center for a court ordered evaluation of a person located within that county who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment.Upon the filing of such application, the community mental health center shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and
  2. Any person may file with the court a petition executed under oath alleging that a person within the county is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The petition must be accompanied by the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and that a full evaluation of the patient is necessary.

(Code 1933, § 88-404.12, enacted by Ga. L. 1971, p. 273, § 1; Code 1933, § 88-405.2, enacted by Ga. L. 1978, p. 1856, § 1; Ga. L. 1991, p. 1059, § 31; Ga. L. 1993, p. 1445, § 17.8.)

Editor's notes.

- Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: "Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the 'Community Services Act for the Mentally Retarded.' "

Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval." The Act was approved by the Governor on April 27, 1993.

Ga. L. 1993, p. 1445, which amends this Code section, provides, in § 19.1, not codified by the General Assembly, that the amendment is repealed on June 30, 1999; however, Ga. L. 1998, p. 870, § 1, struck § 19.1 of Ga. L. 1993, p. 1445, which would have repealed the 1993 amendment to this Code section.

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 90, 91.

Cases Citing Georgia Code 37-7-61 From Courtlistener.com

Total Results: 1

Ridgeview Institute, Inc. v. Wingate

Court: Supreme Court of Georgia | Date Filed: 1999-09-13

Citation: 271 Ga. 512, 520 S.E.2d 445, 1999 Ga. LEXIS 805

Snippet: Code section’s reference, in OCGA §§ 37-7-41, 37-7-61, and 37-7-81. 3. OCGA § 37-7-22 (a) requires that