§ 37-4-41 - Procedure upon failure of or client's noncompliance with court ordered habilitation program
O.C.G.A. 37-4-41 (2010)
37-4-41. Procedure upon failure of or client's noncompliance with court ordered habilitation program
If at any time during the period of habilitation ordered under Code Section 37-4-40 or Code Section 37-4-42 a client ordered to undergo a program of care and habilitation does not comply with the order or, in the opinion of the person in charge of the client's habilitation, if the program of habilitation has not proven sufficient to accomplish the goals of the client's individualized program plan, the person in charge of the client's habilitation may petition for an order from the court to authorize an evaluation pursuant to Code Section 37-4-40 to determine whether a more restrictive setting for habilitation should be ordered. An oral statement by a client or his representatives to any staff member or other service provider alleging that the client's rights or privileges under this chapter are being violated shall be immediately transmitted to the regional state hospital administrator or the administrative head of the facility responsible for the client's treatment or the other person in charge of the client's habilitation plan, who shall assist the client in preparing his petition under this Code section. The court shall review the petition and, if it finds reasonable cause to believe the allegations contained therein, it shall order an evaluation pursuant to Code Section 37-4-40.