How To File A 1013 in Fulton & DeKalb County Georgia: A Practical Guide to Involuntary Behavioral Health Care In the Peach State

The journey of mental health care in Georgia has seen significant evolution over the years. Involuntary commitment, a critical aspect of this journey, is governed by O.C.G.A. 37-3-41, commonly referred to as the 1013 statute. This statute empowers medical professionals to facilitate the involuntary care of individuals experiencing severe mental health crises, ensuring their safety and the safety of those around them.

A Brief History of Mental Health Treatment in Georgia

Mental health treatment in Georgia, like much of the United States, has undergone profound changes. In the early 20th century, mental health care was often inhumane and ineffective. Institutions were overcrowded, and patients were subjected to inadequate care. The latter half of the century saw the rise of deinstitutionalization, aiming to shift care from large state hospitals to community-based services. Despite the good intentions, this shift often led to gaps in care and an increase in homelessness and incarceration among the mentally ill.

The introduction of the 1013 statute marked a pivotal step towards addressing these gaps. It provides a legal framework for the involuntary commitment of individuals in acute mental health crises, ensuring they receive the necessary care while balancing their civil liberties.

Reach out today for a consultation with a licensed mental health counselor 305-467-8666

Criteria for Filing a 1013 Petition

The 1013 statute is invoked when an individual poses an imminent risk to themselves or others due to mental illness. Specific criteria include:

• Imminent Harm: The individual must demonstrate behaviors that suggest a high risk of physical harm to themselves or others.
• Severe Mental Illness: The person must be suffering from a severe mental disorder that significantly impairs their ability to function.
• Inability to Care for Self: The individual is unable to care for their basic personal needs, creating a substantial risk of deterioration in their health.

Procedure for Filing a 1013 Petition

Steps to File a 1013

1. Observation and Assessment: A licensed physician, psychologist, clinical social worker, or other authorized mental health professional must conduct an assessment. This evaluation determines if the individual meets the criteria for involuntary commitment.
2. Completion of Form 1013: If the criteria are met, the professional completes Form 1013. This form includes details about the individual’s mental state, the risk they pose, and the need for immediate involuntary treatment.
3. Submission to the Court: Although the 1013 is a state statute, given the fact that each individual county can modify the protocols and procedures to administer and enforce the statute, it is strongly suggested that you contact the Court directly to confirm all details regarding the filing process. The completed form is submitted to the Probate Court in the county where the individual resides or is currently located. In Fulton and DeKalb Counties, specific locations for submission are:

*Fulton County Probate Court: *136 Pryor St SW, Suite C-230, Atlanta, GA 30303

*DeKalb County Probate Court: *556 N McDonough St, Decatur, GA 30030

4. Review by Judge/Magistrate: A judge or magistrate reviews the petition. If they find the evidence compelling, they
will sign the order for involuntary commitment.

Execution of the Order

Once the 1013 petition is signed by the judge or magistrate, law enforcement or other designated personnel are authorized to transport the individual to a designated receiving facility. These facilities are equipped to handle individuals undergoing severe mental health crises.

Designated Receiving Facilities

In Fulton and DeKalb Counties, several hospitals are designated to receive individuals under a 1013 order. These include:

• Grady Memorial Hospital
• Emory University Hospital
• Atlanta VA Medical Center
• Peachford Hospital

What Happens to the Patient Under a 1013

Upon arrival at the designated facility, the patient undergoes a thorough evaluation by a team of mental health professionals. The key steps include:

1. Initial Assessment: A psychiatrist conducts a detailed evaluation to confirm the need for involuntary hospitalization.
2. Treatment Plan: Based on the assessment, a treatment plan is developed. This may include medication, therapy, and other interventions aimed at stabilizing the patient’s condition.
3. Observation Period: The individual is monitored closely for a period, typically up to 72 hours, to assess their response to treatment and determine the need for continued hospitalization.

Duration of Hospitalization

The initial 1013 order allows for a 72-hour hold. During this time, the patient is evaluated to decide if longer-term care is necessary. If further treatment is required, the facility may seek a 1014 order, extending the involuntary commitment for up to five additional days. For stays beyond this period, a formal hearing is conducted to review the need for extended hospitalization.

Discharge and Aftercare

When the patient is stable enough for discharge, a comprehensive aftercare plan is put in place. This plan includes:

• Continued therapy and medication management through outpatient services.
• Connecting the patient with community resources, such as support groups and vocational training programs.
• Educating family members about the patient’s condition and involving them in the recovery process.

Supporting Long-Term Recovery

Loved ones play a crucial role in the recovery journey. Here are some ways to support the process:

1. Learn about the patient’s mental health condition to understand their challenges better.
2. Maintain open and non-judgmental communication, providing emotional support and encouragement.
3. Advocate for the patient’s needs within the healthcare system and ensure they have access to necessary resources and support.
4. Encourage adherence to treatment plans and appointments, emphasizing the importance of routine and consistency in recovery.
5. Caregivers should also prioritize their well-being, seeking support when needed to avoid burnout.

Conclusion

Filing a 1013 in Fulton and DeKalb Counties is a crucial step in ensuring individuals experiencing severe mental health crises receive the care they need. Understanding the criteria, procedure, and subsequent steps can help loved ones navigate this challenging process effectively. By supporting the patient through their hospitalization and beyond, families and communities can contribute significantly to their long-term recovery and well-being.

Involuntary commitment, while a difficult decision, often provides a lifeline for those in desperate need of help. Through compassion, education, and advocacy, we can create a supportive environment that fosters healing and recovery for individuals facing mental health challenges in Georgia.

Reach out today for a consultation with a licensed mental health counselor (305) 467-8666.