Rule 290-4-7-.07. Admission By Order of a Juvenile Court.

Georgia Administrative Code

Department 290. RULES OF DEPARTMENT OF HUMAN SERVICES

Chapter 290-4. MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND ADDICTIVE DISEASES

Subject 290-4-7. ADMISSION, TREATMENT AND RELEASE OF MINORS FROM MENTAL HEALTH FACILITIES

Current through Rules and Regulations filed through September 15, 2020

Rule 290-4-7-.07. Admission By Order of a Juvenile Court

(1) A third method of admitting a minor to a regional hospital is found in the Georgia law covering juveniles. O.C.G.A. Section 15-11-40 sets out these procedures. If the court has evidence that a child under its jurisdiction is mentally ill, it can order that the child be evaluated. This evaluation should be conducted on an outpatient basis except when circumstances require an inpatient setting. Local area mental health programs should work with the courts in their area to establish procedures to avoid inpatient evaluations except when absolutely necessary. If an order is received for inpatient evaluation, the court should be contacted to try to determine alternate approaches. If there are none, evaluation and a report back should take place as soon as possible.
(2) If the evaluation finds the child to be commitable, the court can commit the child to the Division of Mental Health and Mental Retardation. The meaning of the term "commitable" has been interpreted by the Attorney General of Georgia to mean the child meets the current criteria for involuntary commitment as contained in O.C.G.A. Chapter 37-3. Op. Att'y Gen. 76-111. This is the basis for the juvenile court commitment. This is also the basis for discharge. If a child is committed because he or she meets the criteria for involuntary admission, discharge is authorized when the criteria are no longer applicable. If the court order contains prohibitions against discharge, the court should be contacted so that discharge will take place when the criteria for involuntary admission are no longer applicable. If the involuntary criteria cease to be applicable, hospitalization can be continued utilizing the voluntary method described above.
(3) If there are questions pertaining to the provisions of a juvenile court order or difficulties arise after consultation with the court, appropriate Central Office staff of the Division should be notified by telephone and mailed a copy of the court order immediately.

Cite as Ga. Comp. R. & Regs. R. 290-4-7-.07

Authority: Ga. L. 1971, p. 709; 1978, pp. 1789, 1856, O.C.G.A. Secs. 15-11-40, 37-7-20, 37-7-2 , 37-3-20 and 37-3-2 .

History. Original Rule entitled "Admission by Order of a Juvenile Court" was filed on August 18, 1983; effective September 7, 1983.