GroundRules
O.C.G.A. § 37-3-44: Giving person and representatives notice of their rights upon admission to emergency receiving facility.
Where this section sits in the code
- TITLE 37 Mental Health
- CHAPTER 3 Examination, Treatment, etc., for Mental Illness
- Article 3 Examination, Hospitalization, and Treatment of Involuntary Patients
- PART 1 Emergency Receiving Facilities for Examination of Persons Apprehended Pursuant to Physician’s Certificate, Court Order, etc.
(a) 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.
(b) 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.
Collected 2026-09-17T19:34:57Z. Source file · JSON