Giving Person and Representatives Notice of Their Rights Upon Admission to Emergency Receiving Facility

1. Law
2. Georgia Code
3. Mental Health
4. Examination, Treatment, etc., for Mental Illness
5. Examination, Hospitalization, and Treatment of Involuntary Patients
6. Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician's Certificate, Court Order, Etc
7. Giving Person and Representatives Notice of Their Rights Upon Admission to Emergency Receiving Facility

1. Immediately upon arrival of a person at an emergency receiving facility under Code Section 37-3-43 or as soon thereafter as reasonably possible given a person's condition or mental state at the time of arrival, the facility shall give the person written notice of his or her right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the person who has mental illness that he or she has a right to legal counsel and that, if the person is unable to afford counsel, the court will appoint counsel.
2. The notice informing the person's representatives of such person's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148.

(Code 1933, § 88-504.6, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1; Ga. L. 1986, p. 1098, § 2; Ga. L. 2016, p. 313, § 1/SB 271.)

The 2016 amendment, effective July 1, 2016, in subsection (a), substituted "person" for "patient" throughout, in the first sentence, inserted "or as soon thereafter as reasonably possible given a person's condition or mental state at the time of arrival," and inserted "or her", and, in the second sentence, substituted "who has mental illness that he or she" for "that he"; and, in subsection (b), substituted "person's representatives of such person's" for "patient's representatives of the patient's".

Cross references.

- Arrest of persons, T. 17, C. 4.

JUDICIAL DECISIONS

Precepts of due process require a clear and convincing standard of proof in a civil proceeding to commit an individual to a mental hospital involuntarily. Pitts v. State, 151 Ga. App. 691, 261 S.E.2d 435 (1979).

Failure to give notice.

- "Lawful" detention does not become "unlawful" by failure of a facility to provide a person detained with the notices required by O.C.G.A. § 37-3-44, and the trial court erred in ruling that plaintiff had a viable claim for false imprisonment based upon such failure. Ridgeview Inst., Inc. v. Handley, 224 Ga. App. 533, 481 S.E.2d 531 (1997).

Cited in Carter v. Landy, 163 Ga. App. 509, 295 S.E.2d 177 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Medical admissions county is was county in which the procedure was governed by Ga. L. 1969, p. 505. 1972 Op. Att'y Gen. No. U72-29.

RESEARCH REFERENCES

ALR.

- Showing as to mental condition which will entitle one restrained on ground of insanity to release, 19 A.L.R. 715.

May proceedings to have a person declared insane and to appoint a conservator or committee of his person or estate rest upon substituted or constructive service of process, 175 A.L.R. 1324.

Hospital's liability as to diagnosis and care of patients brought to emergency ward, 72 A.L.R.2d 396.

Necessity and sufficiency of statements informing one under investigation for involuntary commitment of right to remain silent, 23 A.L.R.4th 563.

PART 2 EVALUATING FACILITIES FOR EXAMINATION OF PERSONS ORDERED TO UNDERGO EVALUATION FOR MENTAL ILLNESS

RESEARCH REFERENCES

Adequacy of Quasi-Miranda Warning Prior to Involuntary Civil Commitment, 40 POF2d 733.

Wrongful Confinement to a Mental Health or Developmental Disabilities Facility, 44 POF3d 217.

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