Compilation of Rules and Regulations of the State of Georgia
Department 82 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES
Chapter 82-4
Subject 82-4-1 - CHILD AND ADOLESCENT CRISIS STABILIZATION UNITS
Rule 82-4-1-.29 - Extraordinary Sanctions Where Imminent and Substantial Danger

1.Content of the Order. The order shall contain the following:

2.Emergency Relocation. The commissioner may order emergency relocation of the individual of any C & A CSU subject to licensure to the nearest appropriate facility. Prior to issuing an emergency order, the commissioner may consult with persons knowledgeable in the field of psychiatric care and a representative of the C & A CSU to determine if there is a potential for greater adverse effects on the individual or the individual's care as a result of the proposed issuance of an emergency order. The commissioner shall provide notice to the individual, his or her legal guardian, and his or her physician of the emergency relocation and the reasons therefore; relocation to the nearest appropriate C & A CSU designed to ensure the welfare and, when possible, the desires of the individual;

3.Emergency Placement of Monitor. The commissioner may order the emergency placement of a monitor in a C & A CSU subject to licensure when conditions at the C & A CSU require immediate oversight for the safety of the individual;

4.Emergency Prohibition of Admissions. The commissioner may order the emergency prohibition of admissions to a C & A CSU when such C & A CSU has failed to correct a violation of Departmental permit rules within a reasonable period of time, as specified in the Department's corrective order, and the violation could either jeopardize the health and safety of any individuals if allowed to remain uncorrected or is a repeat violation over a twelve (12) month period, which is intentional or due to gross negligence;

5.Emergency Suspension of Admissions. The commissioner may order admissions to a C & A CSU suspended until the Department has determined that the violation has been corrected or until the Department has determined that the C & A CSU has undertaken the action necessary to effect correction of the violation;

6.Preliminary Hearing. The C & A CSU affected by the commissioner's emergency order may request that the Department hold a preliminary hearing within the Department on the validity of the order and the need for its continuation. Such hearing shall occur within ten (10) days following the request;

7.Cumulative Remedy. The Department shall not be limited to a single emergency action under these rules, nor is the Department precluded from other actions permitted by other law or regulations during the time an emergency order is in force.