2010 Georgia Code
§ 15-11-149 - Disposition of mentally ill or mentally retarded child

O.C.G.A. 15-11-149 (2010)
15-11-149. Disposition of mentally ill or mentally retarded child

(a) Study and report. If, at any time, the evidence indicates that a child may be suffering from mental retardation or mental illness, the court may commit the child to an appropriate institution, agency, or individual for study and report on the child's mental condition.

(b) Determination of disability. The juvenile court judge shall determine whether a child has been determined to be handicapped as defined in 20 U.S.C. Sections 1401(a)(1) and 1401(a)(15). If there is an Individualized Education Program (IEP) as defined in 20 U.S.C. Section 1401(a)(20), it shall be made a part of the dispositional hearing record.

(c) Commitment. If it appears from the study and report undertaken pursuant to subsection (a) of this Code section that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Department of Behavioral Health and Developmental Disabilities.

(d) Other disposition or transfer. If the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by Article 1 of this chapter.

(e) Applicability of Code Section 15-11-62. The provisions of Code Section 15-11-62 shall not apply to any child 13 to 15 years of age who is found to be suffering from mental illness or mental retardation. Any such child shall not be committed to the Department of Corrections but shall be committed to the Department of Behavioral Health and Developmental Disabilities as provided in this Code section.

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