O.C.G.A.
O.C.G.A.

O.C.G.A. § 37-7-81 (2019)

Procedure for detention of patient beyond evaluation period; hearing

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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(a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(1)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians or a physician and a psychologist who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section

Annotations

Cross references. - Criminal penalty for malicious confinement of sane person in asylum, § 16-5-43.

Code Commission notes. - Pursuant to Code Section 28-9-5, in 1986, "this article" was substituted for "Article 3 of this chapter" in the first sentence of subsection (a).

JUDICIAL DECISIONS

Compliance with procedures. - Involuntary treatment proceedings initiated by use of a form patterned on subsection (a) of O.C.G.A. § 37-7-81 and based on findings that the patient was incapacitated by alcohol on a recurring basis satisfied the requirements of O.C.G.A. § 37-7-22(a). Ridgeview Inst., Inc. v. Wingate, 271 Ga. 512, 520 S.E.2d 445 (1999), reversing Wingate v. Ridgeview Inst., Inc., 233 Ga. App. 649, 504 S.E.2d 714 (1998).

Cited in Hudgins v. Bawtinhimer, 196 Ga. App. 386, 395 S.E.2d 909 (1990).

RESEARCH REFERENCES

Am. Jur. 2d. - 25 Am. Jur. 2d, Drugs and Controlled Substances, §§ 90, 93, 96, 97.

ALR. - Validity and construction of statutes providing for civil commitment of arrested narcotic addicts, 98 A.L.R.2d 726.

Notes of Decisions
Cited in 3 cases, 1990–1999 · leading case: Hudgins v. Bawtinhimer, 395 S.E.2d 909 (Ga. Ct. App. 1990).
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Hudgins v. Bawtinhimer, 395 S.E.2d 909 (Ga. Ct. App. 1990). · cites it 2× “See OCGA §§ 37-7-81 and 37-7-81.1. For these reasons, the trial court correctly found the order of the probate court was not res judicata on the issue of the validity of the process used.”
Wingate v. Ridgeview Inst., Inc., 504 S.E.2d 714 (Ga. Ct. App. 1998). · cites it 4× “See OCGA § 37-7-81. "Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing.”
Ridgeview Inst., Inc. v. Wingate, 520 S.E.2d 445 (Ga. 1999). · cites it 6× “Seese used Form 2021 provided by the Department of Human Resources, which is patterned on OCGA § 37-7-81 (a). That Code section requires that two physicians find Wingate to be an alcoholic in need of involuntary treatment, and that he does not meet the requirements for…”
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.