ii ' i ii in the superior court of glynn county ... · capital murder case, and movant herein,...

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IN THE SUPERIOR COURT OF GLYNN COUNTY

STATE OF GEORGIA

PLAINTIFF

VS

DENNJ:S PERRY

DEFENDANT

STATE OF GEORGIA ) CAMDEN SUPERIOR COURT ) CASE NO. 2000CR4 ) (Transferred by order ) granting Defendant's Motion ) for Change of Venue)

i c.l{-O 3-GJCJOy 3 )

) _________________ ) REVISED EXTRAORDINARY MOTION TO COMPEL DISCOVERY

NOW COMES, Dennis A. Perry, Defendant in the above style

capital murder case, and Movant herein, and shows unto the Court

the following, to-wit:

1.

The Georgia Department of Human Resources and its Commissioner

the Honorable Jim Martin, operate State programs throughout the

State of Georgia that include Glynn County, Georgia, and for the

purposes of this Motion are subject to the jurisdiction of this 1

Court.

2.

Commissioner Martin can be served at his address at 2

Peachtree Street NW, Atlanta, Fulton County, Georgia 30303.

3 .

Defendant Gateway Community Service Board, is a provider of

mental heal th counseling and treatment, and operates and does

business in this County as well as adjoining Counties, and is

I subject to the jurisdiction and venue of this Court for the

purposes of this Motion.

Ii

ii

4.

Gateway Community Service Board may be served through its

Executive Director, Susan M. Broome, 1000 Commissioners Drive,

Darien, Georgia 31305.

5.

Jane Beaver, a listed witness for the State in the above style

Murder case, is believed to have received mental health counseling

or treatment at a facility managed by the Georgia Department of

Human Resources and/or Gateway Community Service Board, and it is

those records which the Defendant seeks in this Motion.

6.

Jane Beaver can be served with a copy of this Motion at her

home located at 30592 Highway 17, Waverly, Georgia 31565.

7.

Jane Beaver is a key witness for the State in this action,

claiming to have heard the Defendant make statements which might

lead an impartial trier of the facts to conclude that the Defendant

was some how involved in the murder of Mr. and Mrs. Harold Swain.

8 •

Thus the mental and emotional health of Jane Beaver is of

crucial importance in the maintenance and presentation of the

Defendant's case in this matter.

;1 I 9 •

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:1 Jane Beaver has had an extraordinary amount of bad luck in her

:1

life, to include the suicide of a teenage child, the murder of

another child, the suicide of a spouse, etc., all of which could

well work to the detriment of her mental and emotional health.

10.

Jane Beaver is known and referred to by friends and family

members as "Crazy Jane" manifesting a reputation for mental and

emotional instability.

11.

Jane Beaver is believe to have sought treatment for mental

and/or emotional problems through Gateway Community Service Board,

and/or facilities directly maintained and administered by the

Georgia Department of Human Resources.

12.

Defendant, pursuant to the provisions contained in O.C.G.A.

§37-3-166 (a) (8), and §37-7-166 (a) (7) seeks production of said ,

records.

13.

Defendant, pursuant to the provisions of 42 U.S.C. §290dd-2

(b) (2) (C), seeks the production of said records.

14.

Defendant/Movant demands that Gateway Community Service Board,

the apparent custodian of medical and mental health records

II

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j! regarding Jane Beaver, be and appear before this Court at 9:30 a.m.

11 ii on the 10th day of February 2003 in the Superior Court of Glynn ,. ,I

.. County, Brunswick, Georgia in order to answer Defendant/Movant's

ii demands that the Court hold an in camera inspection of said

Ii ,1

records, and release for Defendant's examination such documents as

will assist Defendant in the presentation of his case and the

impeachment of Jane Beaver, a witness against him in the above

style capital murder action.

WHEREFORE, Defendant moves the Court to set a time certain to

inquire into the demands of this Motion, to conduct an in camera

inspection of the medical and mental records of Jane Beaver, to

release such portions as appropriate to Defendant's counsel for

examination and preparation of an impeachment of Jane Beaver, and

for such other relief as the Court deems just and proper based on

the facts and circumstance of this case.

~ This the~ day of February 2003.

Post Office Box 5549 St. Marys, GA 31558 Phone : ( 912 ) 6 7 3 - 6 8 6 2 Fax: (912} 673-7204 E-Mail: [email protected]

EDWARD W. CLARY, P.C.

Co-counsel for Defendany /-·· Georgia Bar No. 12905V"

I I

I I ii

IN THE SUPERIOR COURT OF GLYNN COUNTY STATE OF GEORGIA

ll STATE OF GEORGIA ) CAMDEN SUPERIOR COURT CASE NO. 2000CR4

II )

) (Transferred by order PLAINTIFF

'I ) granting Defendant's Motion

,, VS ) for Change of Venue)

•I

DENNIS PERRY

DEFENDANT

)

)

)

) _________________ ) SUBPOENA DUCES TECUM

TO: Gateway Community Service Board Executive Director Susan Broome 1000 Commissioners Drive Darien, GA 31305

You are hereby required to be and appear at the Superior Court

of Glynn County, Brunswick, Georgia, at 9:30 a.m. on the 3rd day of

February 2003, and to bring with you into said Court the following

documents:

1. Any and all medical and mental health records of Jane Beaver.

The same may be satisfied in lieu of your personal appearance,

by a certified copy of the same being provided to the Defendant's

Attorney, Edward W. Clary, Post Office Box 5549, St. Marys, GA

31558, (912) 673-6862, before said Court date.

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ii

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Herein fail not under penalty of law.

WITNESS, the Honorable Amanda F. Williams, Judge of this Court '

this the f day of February 2003.

'N~ 1Ait , ~J;~ Deputy Clerk '/ . Glynn Superior Court State of Georgia

!I

!I

11 IN THE SUPERIOR COURT OF GLYNN COUNTY STATE OF GEORGIA

II STATE OF GEORGIA )

) CAMDEN SUPERIOR COURT CASE NO. 2000CR4

,i

·I I,

PLAINTIFF

DENNIS PERRY

DEFENDANT

) (Transferred by order ) granting Defendant's Motion ) for Change of Venue) )

)

)

) _________________ ) SUBPOENA DUCES TECUM

TO: Department of Human Resources Commissioner Jim Martin 2 Peachtree Street NW Atlanta, GA 30303

You are hereby required to be and appear at the Superior Court

of Glynn County at 9:30 a.m. on the 10 th day of February 2003, and

to bring with you into said Court the following documents:

1. Any and all medical and mental health records of Jane Beaver.

The same may be satisfied in lieu of your personal appearance,

by a certified copy of the same being provided to the Defendant's

Attorney, Edward W. Clary, Post Office Box 5549, St. Marys, GA

31558, (912) 673-6862, before said Court date.

II

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!I Herein fail not under penalty of law. 'I

:I WITNESS, the Honorable Amanda F. Williams, Judge of this Court

\this the ii

:I 11

_/.-/ ___ day of February 2003.

~~WU,~ Camden Superior Court State of Georgia

II

I

I IN THE SUPERIOR COURT OF GLYNN COUNTY

STATE OF GEORGIA

i STATE OF GEORGIA ) CAMDEN SUPERIOR COURT ) CASE NO. 2000CR4 :i

•I

I PLAINTIFF ) (Transferred by order ) granting Defendant's Motion ) for Change of Venue)

!DENNJ:S PERRY ! cf(-t:J 3- {f)(?C?t;, "'3 )

DEFENDANT ) _________________ ) CERTIFICATE OF SERVICE

This is to certify that I have this day served a true and exact

copy of the foregoing Motion and Subpoena Duces Tecum by placing

the same in an envelope with sufficient postage thereon to ensure

delivery and placing it in the U.S. Mail addressed to:

Brenda Raspberry, Esq. Assistant Attorney General

40 Capitol Square SW

/t_fh~tlanta, GA 30334-1300

This the ~day of February 2003.

Post Office Box 5549 St. Marys, GA 31558 Phone: (912) 673-6862 Fax : ( 912 ) 6 7 3 - 7 2 O 4 E-Mail: [email protected]

Co-counse or the Defendant Georgia Bar No. 129050

II

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H II .. ll

:IN THE SUPER:IOR COURT OF GLYNN COUNTY STATE OF GEORGIA

11 STATE OF GEORGIA ) CAMDEN SUPERIOR COURT ) CASE NO. 2000CR4 'I

ii

PLAINTIFF

vs

DENNIS PERRY

DEFENDANT

) (Transferred by order ) granting Defendant's Motion ) for Change of Venue)

! C-lf 693- CJ CJ O 0 "3 )

) ________________ ) CERTIFICATE OF SERVICE





John Johnson, Esq. Chief Assistant District Attorney

P.O. Box 1157 Jesup, GA 31598

~ of February 2003. This the

Post Office Box 5549 St. Marys, GA 31558 Phone: (912) 673-6862 Fax: (912) 673-7204 E-Mail: [email protected]

Co-counsel for the Georgia Bar No. 129050

,

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ilSTATE OF GEORGIA ) )

CAMDEN SUPERIOR COURT

i1 PLAINTIFF

VS

DENNIS PERRY

DEFENDANT

CASE NO. 2000CR4 ) (Transferred by order ) granting Defendant's Motion ) for Change of Venue) )

)

)

) ________________ ) CERTIFICATE OF SERVICE

This is to certify that I have this day served a true and exacc




This the

David C. Will, Esq. Attorney for Gateway

1230 Peachtree Street NE Suite 1400

Atlanta, GA 30309

ff.ay of February 2003.

Co-counsel for the De Georgia Bar No. 129

Post Office Box 5549 St. Marys, GA 31558 Phone: (912) 673-6862 Fax: (912) 673-7204

~ ' .

IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA

STATE OF GEORGIA

Plaintiff, v.

DENNIS PERRY,

Defendant.

CASE NO: 2000CR-4

CERTIFICATE OF SERVICE

I do hereby certify that I have this day served the within

and foregoing Affidavit of Ralph A. McCuin, prior to filing the

same, by facsimile and by depositing a copy thereof, postage

prepaid, in the United States Mail, properly addressed upon:

Edward W. Clary, Esq. Law Offices P.O. Box 5549 St. Mary's, Georgia 31558

John B. Johnson, III, Esq. District Attorney's Office Brunswick Judicial Circuit P.O. Box 1157 Jesup, Georgia 31598

This ro-:!b day of ~r~ , 2003.

Assistant

IN THE SUPERIOR COURT OF CAMDEN COUNTY

STATE OF GEORGIA

STATE OF GEORGIA,

Plaintiff,

ORIGINAL

v. CASE NO: 2000CR-4

DENNIS PERRY,

Defendant.

COUNTY OF FULTON STATE OF GEORGIA:

AFFIDAVIT OF RALPH A. MCCUIN

Personally appeared before the undersigned-attesting

officer that is duly authorized by law to administer oaths,

RALPH A. MCCUIN, who, after being first duly sworn, states the

following:

1.

My name is Ralph A. Mccuin and I am competent in all

respects to testify regarding the matters set forth herein. I

give this affidavit for use in connection with the above-styled

case, including its use in support of Georgia Department of

Human Resources' Response to Defendant's Subpoena Duces Tecum

and Extraordinary Motion To Compel Discovery. I have personal

knowledge of the facts stated herein and know them to be true.

2.

I am presently employed by the Georgia Department of Human

Resources, Division of Mental Health, Developmental Disabilities

and Addictive Diseases {"OHR") as the Regional Coordinator of

the Southeast Regional Office (f/k/a Southeast Coastal Regional

Board, Region 13 Office of the Division of MHMRSA).

3.

I have reviewed Defendant's Subpoena Duces Tecum and

Extraordinary Motion To Compel Discovery filed against DHR.

4 .

I am personally familiar with records maintained by DHR's

Southeast Regional Office. I am also familiar with DHR's

Southeast Regional Office's contract with Gateway Community

Services Board, by which Gateway has agreed to provide mental

health and other services to persons in the community (a/k/a

"consumers"). Within this contract, Gateway agrees to maintain

consumer records prepared as a result of its provision of

services to consumer (i.e., the public).

5.

DHR's Southeast Regional Office is not the custodian of

records prepared by Gateway Community Service Board regarding

any services that Gateway may have provided to "Jane Beaver"

pursuant to Gateway's contract with OHR.

Further Affiant Sayeth Naught.

Sworn to & subscribed before me . OIJt_., tJ;i_is th~') UL day of

~Llh-t.1.ab:_ , 2003. (

My Commission expires:

~- rtL Reg·onal Coordinator Southeast Regional Office

Jane C Beaver Date of birth 06/23/1939 Jane C. Beaver, White Female, had one episode in MHMRIS Syste1ns Starti~g 02/28/1990 and Ending 05/03/1990. Service was at Gateway Community Service Board. The Diagnosis, per your request, Adjustment Disorder with Physical Complications.

zg:tt E0AZ/~T/T~


STATE OF GEORGIA ) ) ) ) ) ) ) )

Plaintiff, V. CASE NO: CR-0300063-063

DENNIS PERRY,

Defendant.

GEORGIA DEPARTMENT OF HUMAN RESOURCES'RESPONSE TO DEFENDANT'S EXTRAORDINARY MOTION TO COMPEL DISCOVERY

COMES NOW Georgia Department of Human Resources

("DHR") and, pursuant to O.C.G.A. § 24-10-22, O.C.G.A. §

37-3-166 and O.C.G.A. § 31-33-1, et seq., hereby files this

its response to Defendant's Extraordinary Motion to Compel

Discovery as follows:

1.

DHR does not possess and is not the custodian of

medical records and mental health records regarding "Jane

Beavern which are sought in Defendant's Subpoena Duces

Tecurn and Motion to Compel, except that DHR has found in

its possession a one page document referring to "Jane C.

Beaver", attached hereto as Exhibit A.

2.

Upon information and belief, a "Jane C. Beaver" has

received services at Gateway Community Service Board

("Gateway CSB"), which is neither a division of DHR nor a

state agency. [See attached Exhibit A]. DHR, through the

Southeast Regional Office of the Division of Mental Health,

Developmental Disabilities and Addictive Diseases, has a

contract with Gateway CSB (as well as other community

service boards) to provide services to members of the

community (a/k/a consumers). [See Affidavit of Ralph A.

Mccuin, attached hereto as Exhibit B]. When Gateway

provides such services to consumers, Gateway maintains all

records that it generates regarding its consumers, based on

the terms of this contract.

This _fa!!iday of February, 2003.

Respectfully submitted,

THURBERT E. BAKER Attorney General

DENNIS A. DUNN Deputy Attorney General

033887

234098

405500 Senior Assistant Attorney General

PLEASE ADDRESS ALL COMMUNICATIONS TO:

Assistant Attorney General

BRENDA A. RASPBERRY Georgia Department of Law 40 Capitol Square, SW Atlanta, Georgia 30334 Phone: (404) 656-0942

626 Adjustment Disorders

mental disorder, ·usually in the appropriate Not Otherwise Specified category. Adjustment Disorder, Posttraumatic Stress Disorder, and Acute Stress Disorder all require the presence of a psychosocial stressor. Posttraumatic Stress Disorder and Acute Stress Disorder are characterized by the presence of an extreme stressor and a specific constellation of symptoms. In contrast, Adjustment Disorder can be triggered by a stressor of any severity and may involve a wide range of possible symptoms. In Psychological Factors Affecting Medical Condition, specific psychological symptoms, behaviors, or other factors exacerbate a general medical condition, compli· cate treatment for a general medical condition, or otherwise in_crease the risks of developing a general medical condition. In Adjustment Disorder, the relationship is the reverse (i.e., the psychological symptoms develop in response to the stress of having or being diagnosed with a general medical condition). Both conditions may be present in some individuals. Bereavement is generally diagnosed instead of Adjustment Disorder when the reaction is an expectable response to the death of a loved one. The diagnosis of Adjustment Disorder m3:y be appropriate when the reaction is in excess of, or more prolonged than, what would be expected. Adjustment Disorder should also be distinguished from other nonpathologi.cal reactions to stress that do not lead to marked distress in excess of what is expected and that do not cause significant impairment in social or occupational functioning.

■ Diagnostic criteria for Adjustment Disorders A. The development of emotional or behavioral symptoms in response to an identifiable stressor(s) occurring within 3 months of the onset of the stressor(s).

B. These symptoms or behaviors are clinically significant as evidenced by either of the following: (1) marked distress that is in excess of what would be expected from exposure to the stressor (2) significant impairment in social or occupational (academic) functioning

C. The stress-related disturbance does not meet the criteria for another specific Axis I disorder and is not merely an exacerbation of a preexisting Axis I or Axis II disorder.

D. The symptoms do not represent Bereavement.

E. Once the stressor (or its consequences) has terminated, the symptoms do not persist for more than an additional 6 months.

Specify if: Acute: if the disturbance lasts less than 6 months Chronic: if :he disturbance lasts for 6 months or longer

(continued)

!gory. ress Disorder , Disorder and stressor and a Je triggered by ptoms. psychological

dition, complie the risks of 1tionship is the ss of having or 1 be present in

der when the ! diagnosis of ,s of, or more also be distin!ad to marked impairment in

sponse co tSet of the

lenced by

: ted from

'lie) func-

r another ·eexisting

ymptoms

ntinued)

Adjustment Disorders 627

. □ Diagnostic criteria for Adjustment Disorders (continued)

Adjustment Disorders are coded based on the subtype, which is selected

according to the predominant symptoms. The specific stressor(s) can be

specified on Axis IV. 309.0 With Depressed Mood 309.24 With Anxiety 309.28 With Mixed Anxiety and Depressed Mood

309.3 With Disturbance of Conduct 309.4 With Mixed Disturbance of Emotions and Conduct

309.9 Unspecified

predominant ·eriness or, in

1pe should be !pression and

sed when the re is violation 1d rules (e.g., Jonsibilities). This subtype h emotional :t (see above

.ve reactions nhibition) to subtypes of

ndicated by

Jms for less

ptoms for 6 m6months lie specifier n 6 months 1sequences.

e indicated fosired, by sedMood, i by listing

ent Disor:emporary increased ,rder may condition :ed length

Adjustment Disorders 625

Specific Culture, Age, and Gender Features The context of the individual's cultural sett.ing should be taken into account in making the clinical judgment of whether the individual's response to the stressor is maladaptive or whether the associated distress is in excess of what would be expected. The nature, meaning, and experience of the stressors and the evaluation of the response to the stressors may vary across cultures. Adjustment Disorders may occur in any age group, and males and females are equally affected.

Prevalence

Adjustment Disorders are apparently common, although epidemiological figures vary widely as a function of the population studied and the assessment methods used. The percentage of individuals in outpatient mental health treatment with a principal diagnosis of Adjustment Disorder ranges from approximately 5% to 20%. Individuals from disadvantaged life circumstances experience a high rate of stressors and may be at increased risk for the disorder.

Course

By definition, the disturbance in Adjustment Disorder begins within 3 months of onset of a stressor and lasts no longer than 6 months after the stressor or its consequences have ceased. If the stressor is an acute event (e.g., being fired from a job), the onset of the disturbance is usually immediate (or within a few days) and the duration is relatively brief (e.g., no more than a few months). If the stressor or its consequences persist, the Adjustment Disorder may also persist.

Differential Diagnosis Adjustment Disorder is a residual category used to describe presentations that are a response to an identifiable stressor and that do not meet the criteria for another specific Axis I disorder. For example, if an individual has symptoms that meet criteria for a Major Depressive Episode in response to a stressor, the diagnosis of Adjustment Disorder is not applicable. Adjustment Disorder can be diagnosed in addition to another Axis I disorder only if the latter does not account for the particular symptoms that occur in reaction to the stressor. For example, an individual may develop Adjustment Disorder With Depressed Mood after losing a job and at the same time have a diagnosis of Obsessive-Compulsive Disorder.

Because Personality Disorders are frequently exacerbated by stress, the additional diagnosis of Adjustment Disorder is usually not made. However, if symptoms that are not characteristic of the Personality Disorder appear in response to a stressor (e.g., a person with Paranoid Personality Disorder develops depressed mood in response to job loss), the additional diagnosis of Adjustment Disorder may be appropriate. The diagnosis of Adjustment Disorder requires the presence of an identifiable stressor, in contrast to the atypical or subthreshold presentations that would be diagnosed as a Not Otherwise Specified disorder (e.g., Anxiety Disorder Not Otherwise Specified). If the symptoms of Adjustment Disorder persist for more than 6 months after the stressor or its consequences have ceased, the diagnosis should be changed to another

I I I J,

h I '' '••

"

624 Adjustment Disorders

309.24 With Al_lxiety. This subtype should be used when the predominant manifestations are symptoms such as nervousness, worry, or jitteriness or, in children, fears of separation from major attachment figures. 309.28 With Mixed Anxiety and Depressed Mood. This subtype should be used when the predominant manifestation is a combination of depression and anxiety. 309.3 With Disturbance of Conduct. This subtype should be used when the predominant manifestation is a disturbance in conduct in which there is violation of the rights of others or of major age-appropriate societal norms and rules (e.g., truancy, vandalism, reek.less driving, fighting, defaulting on legal responsibilities). 309.4 With Mixed Disturbance of Emotions and Conduct. This subtype should be used when the predominant manifestations are both emotional symptoms (e.g., depression, anxiety) and a disturbance of conduct (see above subtype). 309.9 Unspecified. This subtype should be used for maladaptive reactions (e.g., physical complaints, social withdrawal, or work or academic inhibition) to psychosocial stressors t\lat are not classifiable as one of the specific subtypes of Adjustment Disorder.

The duration of the symptoms of an Adjustment Disorder can be indicated by choosing one of the following specifiers:

Acute. This specifier can be used to indicate persistence of symptoms for less than 6 months. Chronic. This specifier can be used to indicate persistence of symptoms for 6 months or longer. By definition, symptoms cannot persist for more than 6 months after the termination of the stressor or its consequences. The Chronic specifier therefore applies when the duration of the disturbance is longer than 6 months in response to a chronic stressor or to a stressor that has enduring consequences.

Reporting Procedures

The predominant symptom presentation for an Adjustment Disorder should be indicated by choosing the diagnostic code and term from the list above, followed, if desired, by the Acute or Chronic specifier (e.g., 309.0 Adjustment Disorder With Depressed Mood, Acute). In a multiaxial assessment, the nature of the stressor can be indicated by listing it on Axis IV (e.g., Divorce).

Associated Features and Disorders

The subjective distress or impairment in functioning associated with Adjustment Disorders is frequently manifested as decreased performance at work or school and tempora1y changes in social relationships. Adjustment Disorders are associated with an increased risk of suicide attempts and suicide. The presence of an Adjustment Disorder may complicate the course of illness in individuals who have a general medical condition (e.g., decreased compliance with the recommended medical regimen or increased length of hospital stay).

Adjustment Disorders

Diagnostic Features

The essential feature of an Adjustment Disorder is the development of clinically

significant emotional or behavioral symptoms in response to an identifiable psychosocial

scressor or stressors. The symptoms must develop within 3 months after the onset of the

stressor(s) (Criterion A). The clinical significance of the reaction is indicated either by

marked distress that is in excess of what would be expected given the nature of the

stressor, or by significant impairment in social or occupational (academic) functioning

(Criterion B). This category should not be used if the disturbance meets the criteria for

another specific Axis I disorder (e.g., a specific Anxiety or Mood Disorder) or is merely

an exacerbation of a preexisting Axis I or II disorder (Criterion C). However, an

Adjustment Disorder may be diagnosed in the presence of another Axis I or Axis II

disorder if the latter does not account for the pattern of symptoms that have occurred

in response to the stressor. The diagnosis of an Adjustment Disorder also does not apply

when the symptoms represent Bereavement (Criterion D). By d~finition, an Adjustment

Disorder must resolve within 6 months of the termination of the stressor (or its

consequences) (Criterion E). However, the symptoms may persist for a prolonged period

(i.e., longer than 6 months) if they occur in response to a chronic stressor (e.g., a chronic,

disabling general medical condition) or to a scressor that has enduring consequences

(e.g., the financial and emotional difficulties resulting from a divorce).

The scressor may be a single event (e.g., termination of a romantic relationship), or

there may be multiple stressors (e.g., marked business difficulties and marital problems).

Stressors may be recurrent (e.g., associated with seasonal business crises) or continuous

(e.g., living in a crime-ridden neighborhood). Scressors may affect a single individual,

an entire family, or a larger group or community (e.g., as in a natural disaster). Some

stressors may accompany specific developmental events (e.g., going to school, leaving

the parental home, getting married, becoming a parent, fail ing to attain occupational

goals, retirement).

Subtypes and Specifiers

Adjustment Disorders are coded according to the subtype that best characterizes the

predominant symptoms:

309.0 With Depressed Mood This subtype should be used when the pre

dominant manifestations are symptoms such as depressed mood, tearfulness, or

feelings of hopelessness.

623

To: __________ _

From: ----------

Phone Message: _____ _

F.Y.I.:

~/ 2/4/03 J\, 4 : t9pm

(}w(daf?~!! jfeJJJtol ~ f6

4 - 0~b-oq4z

rNJh {;() 1Z) l ~1t /JL! on q{l/U (y__{JJ]flu

THURBERT E . BAKER

ATTO RNEY GENERAL

January 23, 2003

~epartmeut of 7fiafn ~late of ®eorgia

VIA FACSIMILE (912) 427-2777 and U.S. Mail

John B. Johnson, 111, Esq. District Attorney's Office Brunswick Judicial Circuit P.O. Box 1157 Jesup, Georgia 31598

RE: State of Georgia v. Dennis Perry Case No. 2000CR-4, Superior Court of Camden County

Dear Mr. Johnson:

Direct Di al : 404 - 656-0942 Fax 404-463 - 1062

This is a follow up to my phone conversation, earlier today, with your secretary regarding the above-referenced matter. As you know, Edward W. Clary, attorney for Defendant Dennis Perry, sent my clients, Georgia Department of Human Resources ("OHR") and Commissioner Jim Martin a Subpoena Duces Tecum requesting medical and mental health records regarding "Jane Beaver", for a criminal trial beginning on February 3, 2003.

OHR is not the custodian of medical and mental health records regarding Jane Beaver. Please note that if Ms. Beaver had received services at a state operated hospital, under Georgia law, O.C.G.A. § 37-3-166 and O.C.G.A. § 37-7-166, as well as federal law, 42 U.S.C. § 290dd-2, 42 U .S.C. § 290ee and 42 C.F .R. §§ 2.11 and 2.13, OHR could not produce such records because they are confidential and are not subject to discovery, except as set out in these statutes.

It is my understanding that you will be out of the office for the remainder of this week. Please call me if you have any questions. I appreciate your attention to this matter.

s~A~~ Brenda A. Raspberry r f Assistant Attorney General

cc: Betty Bentley Watson, Ga. Dept. of Human Resources

EDWARD w. CLARY, P.C.

MAJUNG ADDRESS: P.O. Box 5549

ST. MARYS, GA 31558

4 February 2003

J ohn J ohnson , Esq.

ATTORNEY AT LAW 4019 HIGHWAY 40 EAST

SuITEC ST. M ARYS, GA 31558

PHONE (912) 673-6862 • FAX (912) 673-7204

E-MajJ; [email protected]

Chief Assistant District Attorney P. 0 . Box 1157 Jesup, GA 31598

Re : State of Georg ia v. Dennis Perry Camden Superior Court Case No. 2000CR-4 Enclosures

De ar Mr. Johnson :

In! fr r.....---. r r'. r-: ~-- --.. ! ,..,, l r Jt i : i 1 ! • • .t •

l I fl.,l ' I I l ! • ; I . ,-. • 1 r 1 .••• • I , • ;

I . !1 l ----·-·--·-·--·····'·· .. . •• ,\! j

I ri/ FEB O 6 2uG3 -: ; I H·-------·· -. --- ·- --. ·.•--.- '. : u ;..J , - p ~ p '. • O .. • ' ._; i --~ . '•L ~ ·

OF COUNSEL: DoN H. T ALIAFERRO

Enc losed p l ease find your copy of the Notice of Hearing and Revised Extr aordinary Motion to Compel Discovery in regards to the above referenced matter .

Sincerely ,

~:t_~ ~ L Pa u l a K. Goodnow Office Manager Edward W. Clary, P.C .

; II

II IN THE SUPERIOR COURT OF GLYNN COUNTY

STATE OF GEORGIA

ii ;JSTATE OF GEORGll )


,, i; ll

PLAINTIFF

·vs

•DENNIS PERRY

DEFENDANT

) (Transferred by order ) granting Defendant's Motion ) for Change of Venue) )

)

)

)

________________ )

CERTIFICATE OF SERVICE





This the

David C. Will, Esq. Attorney for Gateway

1230 Peachtree Street NE Suite 1400

Atlanta, GA 30309

ff,ay of February 2003.

Co-counsel for the De Georgia Bar No. 129

Post Office Box 5549 St. Marys, GA 31558 Phone : ( 912 ) 6 7 3 - 6 8 6 2 Fax: (912) 673-7204

i


; STATE OF GEORGIA )


I PLAINTIFF !I

) (Transferred by order ) granting Defendant's Motion ) for Change of Venue) ·ivs

ii

;DENNIS PERRY ! e!ft:J3-t?C?00"3 )

DEFENDANT ) ________________ ) CERTIFICATE OF SERVICE





John Johnson, Esq. Chief Assistant District Attorney

P.O. Box 1157 Jesup, GA 31598

~ of February 2003. This the

Post Office Box 5549 St. Marys, GA 31558 Phone : ( 912 ) 6 7 3 - 6 8 6 2 Fax: (912) 673-7204 E-Mail: [email protected]

Co-counsel for the Georgia Bar No. 129050

'j

II


I

;STATE OF GEORGIA ) CAMDEN SUPERIOR COURT ) CASE NO. 2000CR4 I ·, ,,

PLAINTIFF ) (Transferred by order

1!vs ) granting Defendant's Motion ) for Change of Venue)

ii

!DENNIS PERRY ! cf(-~3-GX}Of:,"3 )

DEFENDANT ) _________________ ) CERTIFICATE OF SERVICE





Brenda Raspberry, Esq. Assistant Attorney General

40 Capitol Square SW t~i:/4._!·tlanta, GA 30334-1300

This the ~day of February 2003.


Co-counse or the Defendant Georgia Bar No. 129050

,,- !I

I I I

l! •I IN THE SUPERIOR COURT OF GLDm COUNTY I'

ii STATE OF GEORGIA ,, ii STATE OF GEORGIA } CAMDEN SUPERIOR COURT

,I ,,

i!

PLAINTIFF

vs

DENNIS PERRY

DEFENDANT

} CASE NO. 2000CR4 } {Transferred by order } granting Defendant's Motion } for Change of Venue}

! Cl(-0 3-t?C?tJY, 3 }

) _________________ ) REVISED EXTRAORDINARY MOTION TO COMPEL DISCOVERY

NOW COMES, Dennis A. Perry, Defendant in the above style

capital murder case, and Movant herein, and shows unto the Court

the following, to-wit:

1.

The Georgia Department of Human Resources and its Commissioner

the Honorable Jim Martin, operate State programs throughout the

State of Georgia that include Glynn County, Georgia, and for the

purposes of this Motion are subject to the jurisdiction of this

Court.

2 •

Commissioner Martin can be served at his address at 2

Peachtree Street NW, Atlanta, Fulton County, Georgia 30303.

3.

Defendant Gateway Community Service Board, is a provider of

mental heal th counseling and treatment, and operates and does

business in this County as well as adjoining Counties, and is

,; II

II !l subject to the jurisdiction and venue of this Court for the II ii purposes of this Motion. ,:

4 •

!j Gateway Community Service Board may be served through its

' Executive Director, Susan M. Broome, 1000 Commissioners Drive,

Darien, Georgia 31305.

5.

Jane Beaver, a listed witness for the State in the above style

Murder case, is believed to have received mental health counseling

or treatment at a facility managed by the Georgia Department of

Human Resources and/or Gateway Community Service Board, and it is

those records which the Defendant seeks in this Motion.

6.

Jane Beaver can be served with a copy of this Motion at her

home located at 30592 Highway 17, Waverly, Georgia 31565.

7.

Jane Beaver is a key witness for the State in this action,

claiming to have heard the Defendant make statements which might

lead an impartial trier of the facts to conclude that the Defendant

was some how involved in the murder of Mr. and Mrs. Harold Swain.

8.

Thus the mental and emotional health of Jane Beaver is of

crucial importance in the maintenance and presentation of the

Defendant's case in this matter.

I !I

II

,,

,i

9.

Jane Beaver has had an extraordinary amount of bad luck in her

life, to include the suicide of a teenage child, the murder of

another child, the suicide of a spouse, etc., all of which could

well work to the detriment of her mental and emotional health.

10.

Jane Beaver is known and referred to by friends and family

members as "Crazy Jane" manifesting a reputation for mental and

emotional instability.

11.

Jane Beaver is believe to have sought treatment for mental

and/or emotional problems through Gateway Community Service Board,

and/or facilities directly maintained and administered by the

Georgia Department of Human Resources.

12.

Defendant, pursuant to the provisions contained in O.C.G.A.

§37-3-166 (a) (8), and §37-7-166 (a) (7) seeks production of said

records.

13.

Defendant, pursuant to the provisions of 42 U.S.C. §290dd-2

(b) (2) (C), seeks the production of said records.

14.

Defendant/Movant demands that Gateway Community Service Board,

the apparent custodian of medical and mental health records

ll

ii regarding Jane Beaver, be and appear before this Court at 9:30 a.m.

:I 1 on the 10 th day of February 2003 in the Superior Court of Glynn

:i ,I

, County, Brunswick, Georgia in order to answer Defendant/Movant' s ,

demands that the Court hold an in camera inspection of said

records, and release for Defendant's examination such documents as

will assist Defendant in the presentation of his case and the

impeachment of Jane Beaver, a witness against him in the above

style capital murder action.

WHEREFORE, Defendant moves the Court to set a time certain to

inquire into the demands of this Motion, to conduct an in camera

inspection of the medical and mental records of Jane Beaver, to

release such portions as appropriate to Defendant's counsel for

examination and preparation of an impeachment of Jane Beaver, and

for such other relief as the Court deems just and proper based on

the facts and circumstance of this case.

~ This the~ day of February 2003.


___ .,-------7 / ~)w· ·------) -- .· /-----: /✓:--.. , / / /

~v , . I~.···· ~¥---7£ ~,,,-z.~

Post Office Box 5549 St. Marys, GA 31558 Phone: ( 912) 673-6862 Fax: (912) 673-7204 E-Mail: [email protected]

EDWARD W. CLARY Co-counsel for Defend~~/.....-·· Georgia Bar No. 12905V

ii ·1

11 ,I . ,

II

II ii

IN THE SUPERIOR COURT OF GLYNN STATE OF GEORGIA

STATE OF GEORGIA ) CAMDEN SUPERIOR COURT ) CASE NO . 2000CR4

PLAINTIFF ) (Transferred by order ) granting Defendant's

vs ) for Change of Venue) ) C-l(-03- 0CJ0f 3

DENNIS PERRY )

)

DEFENDANT )

)

NOTICE OF HEARING

Motion

NOW COMES, the Defendant/Movant in the above action and does

hereby give not ice that, pursuant to an order f r orn the Bench

delivered in open court, he will bring the within and forgoing

Revised Extraordinary Motion to Compel Discovery on for a hearing

before this Court at 9 : 30 a.m . on Monday the 10th day of February

2003, at the Glynn County Courthouse, Brunswick, Glynn County,

Georgia . ;~ 1~ d

1ay __ . of

This _fl_ da: February 2003 .

Post Office Box 5549 St . Marys, GA 31558 Phone : ( 912) 673-6862 Fax: (9 12 ) 673 - 7204 E-Mail: [email protected]

EDWARD W. CLARY, P. ~ .

Clary Co - counsel for Defe Georgia Bar No . 12 --,

._::,

C)

Con f rma ti on Report - Memory Send

Date & Time: 02-06-2003 17:28 Tel I ine +1 912 427 2777 Machine ID : DISTRICT ATTORNEY OFF JESUP

Job number 536

Date & Time 02-06 17:26

To 14044631062

Number of pages 012

Start time

End time

Pages sent

Status

Job number

:j -1 -1 ·1 '!

·1 ,!

I

02-06 17:26

02-06 17:28

012

OK

536 *** SEND SUCCESSFUL ***

:rN THE S'Cl'"PER:I:OR CO'D"R.T OP GLYb'IN CO'ln1Tr STATE OP GBORG%A

STATE OP GBORG::c:A.

vs

:D~S PBR.R.Y

) ) ) )

) ) ) )

)

c.JU!l:DBN' SUPJCR.:J:OR. CO'l:J'RT CASE NO- 2000CR4

CT:c-a:a.sfe:c-:c--d by ord-= s=~t~~g De£e2:1.daza.t's Mot~o~ £0:c- C!l:::a.a.:D.ge c:,£ "V~u.e)

c...~&:?.3-~~&>~3

--------------------------> QF JIBA.R.XNG

NOW COMES, the Defendant/MO"V"ant. in the a.l::>o-v-e action and does

here.by gi-v-e :notice that, p-u.:rs-u.ant to an order f:rorn the Bench

de1.i"V"e:red in open c::ou.r-c:., he 'W'::i.J.J. l::>:r:i.:n.g the w-it.h::i.n and forgoin.g

Re"V"ised E~t:raordina:c-y Motion to Compe1 Disc::o"V"ery on for a. he.a.ring

before this Cou.r-c:. at 9:30 a.m. on Mo~day the 1.ocn day of February

2003, a.t. the G1.::y%1rl. Coun.t:.y Cc:n..i:rt.h.ou.ae, Bri..ins'W'.i.c:k, GJ.ynn cou.n.ty,

Georgia.

Th.is

Post Office ao~ 5549

Febru.a.ry 2003.

:e:DWAR.D W.

Edw-a.rd W. C1.a.::c-y Co-c::ou.nae1. £or D-fe,~g,i~n:: Georgia Bar No.

1 St. Marya, GA 31.SSB Phone: C 9::t.2) 673-6862 Fax. : ( .9 1. 2 ) 6 7 3 - 7 2 O 4

'E-Ma.i.1: cJo:c::v::ac@[email protected]

,, I

;I II

- . . . ; -

,

IN THE SUPERIOR COURT OF CAMDEN COUNTY STATE OF GEORGIA

STATE OF GEORGIA

PLAINTIFF

vs

DENNIS PERRY

DEFENDANT

) CASE NO: 2000CR-4 )

}

) }

}

}

}

} ____________ } CERTIFICATE OF SERVXCE

I hereby certify that a true and exact copy of the foregoing

Extraordinary Motion to Compel Discovery was sent by U.S. Mails

postage prepaid affixed thereon and delivered to:

John Johnson, Esq. Chief Assistant District Attorney P.O. Box 1157 Jesup, GA 31598

Brenda A. Raspberry Assistant Attorney General 40 Capitol Square SW

~Atlanta, GA 30334-1300

:Jt day of January 2003. This


,

THURBERT E. BAKER

ATTORNEY GENERAL

January 23, 2003

~epartment of Ifutm ~tate of <"ienrgia

VIA FACSIMILE (912) 673-7204 and U.S. Mail

Edward W. Clary. Esq. Law Offices P.O. Box 5549 St. Mary's, Georgia 31558

RE: State of Georgia v. Dennis Perry Case No. 2000CR-4, Superior Court of Camden County

Dear Mr. Clary:

40 CAPITOL SQUARE SW

ATLANTA. GA 30334•1300

Direct Dial : 404-656-0942 Fax 404-463-1062

My clients, Georgia Department of Human Resources ("OHR") and Commissioner Jim Martin, have received the Subpoena Duces Tecum that you sent requesting medical and mental health records regarding "Jane Beaver" for a criminal trial set for February 3, 2003 in the above referenced case.

OHR is not the custodian of medical and mental health records regarding Jane Beaver. Please note that if Ms. Beaver had received services at a state hospital, under Georgia law. O.C.G.A. § 37-3-166 and O.C.G.A. § 37-7-166, as well as federal law, 42 U.S.C. § 290dd-2, 42 U.S.C. § 290ee and 42 C.F.R. §§ 2.11 and 2.13, OHR could not produce such records because

"they are confidential, and are not subject to discovery, except as set out in these statutes.

Please call me if you want to discuss the above. I appreciate your attention to this matter.

Sincerely,

Br~"~~ Assistant Attorney General

cc: Betty Bentley Watson, Ga. Dept. of Human Resources

-------

-···· --·------- -. ·- ..

EDWARD w. CLARY, P.C.

MAILING AppRfSS• P.O. Box 5549

Sr. MARYS, GA 31558

19 December 2002

ATTORNEY AT LAW 4019 H!GHWAY 40 EAsr

SUTI"E C Sr. MARYS, GA 31558

PHONE (912) 673-6862 • FAX (912) 673-n04

E-Mail• ctar,xps;@eagnet,com

Department of Human Resources Commissioner Jim Martin

CERTJ:FJ:ED MAJ:L RETURN RECEJ:PT REQUESTED 7002 0860 0007 3960 0305 2 Peachtree Street NW

Atlanta, GA 30303

Re: State of Georgia v. Dennis Perry Camden Superior Court Case No. 2000CR-4 Enclosure

Dear Mr. Martin:

QFCQYNSFJo DoN H. TALIAFERRO

Please be advised that this office is representing Dennis A. Perry who is the Defendant in a capital murder case in Camden County, Georgia and which said case is scheduled to go to trial on the 3rd

day of February 2003.

It has recently come to my attention that Mrs. Jane Beaver, a key prosecution witness, has had numerous mental health problems which have resulted in her being hospitalized in the State of Georgia on s~veral occasions. I therefore am enclosing a Subpoena Duces Tecum asking that you voluntarily produce any and all medical records resulting from Mrs. Jane Beaver's hospitalization.

If you have a problem in meeting said production request please advised me as soon as possible so that I may schedule a hearing before the Honorable Amanda F. Williams, Judge, Superior Courts, Brunswick Judicial Circuit, in order to resolve said problem.

Awaiting your response, I remain

ard W. Clar EWC/pkg/file

E~nio,T l L· ''/\ ''

IN THE SUPERIOR COURT OF CAMDEN COUNTY

STATE OF GEORGIA

STATE OF GEORGIA

PLAINTIFF

vs

DENNIS PERRY

DEFENDANT

) CASE NO: 2 00 0CR-4 )

)

)

) )

)

)

) __________________ )-

EXTRAORDINARY MOTION TO COMPEL DISCOVERY

NOW COMES , Defendant, Dennis A. Perry , by and through his

attorney of r ecord, Edward W. Clary , and shows unto the Court the

following to - wit :

1.

On the 1 9th d ay of December 2002, Defendant sent to the

Department of Human Resources , by certified mail return receipt

requested, a Subpoena Duces Tecum asking for any and all medical

reco:r-ds resulting from Mrs . Jane Beaver's hospitalizat ion f o r

reasons of mental illness and which said letter is incorporated

herein as Exhibit "A" .

2.

On the 23 rd day of January 2003 Brenda A . Raspberry, Assistant

Attorney General, State of Georgia , sent a let t er to Edward W.

Clary, Esqui r e, co- counsel for the Defendant, stating that said

ST A TE OF GEORGIA CAMDEN SUPERIOR COURT

~ -½!!!fa~ ~•tlO;c@-j;P. ~ ~ ~ ~ lerk

information would not made available and which said letter is

incorporated herein as Exhibit "B".

3 •

Defendant's need to effectively cross examine a key State

witness against him, Jane Beavers, mandates his obtaining copies of

medical and physiological records dealing with her treatment and

hospitalization for mental illness in the facilities of the State

of Georgia.

4 •

Defendant's constitutional right to confront and cross examine

witnesses against him, as guaranteed to him pursuant to the Fifth

and Fourteen Amendments to the United States Constitution, as well

as his right to all exculpatory information pursuant to the

provisions of Brady v. Maryland, and its progeny, mandate t_hat the

Court order the State of Georgia to produce and make available said

records.

WHEREFORE, Defendant moves the Court to hold a hearing as to

this Motion, and to Order the State of Georgia to produce for

Defendant's examination all records regarding the mental health or

illness of Jane Beavers, a key State witness in the above styled

action.

,,,,;

,.~-This the 3e day of January 2003.

Post Office Box 5549 St. Marys, GA 31558 Phone: ( 912) 673-6862 Fax: (912) 673-7204 E-Mail: [email protected]


ARD W. CLARY ~.✓-: Co-co~nsel for Defen, nt Georgia Bar No. 12 50

~

L\L H EALTH 37-3-165

. . buse of patients prohibited; use of ,or a • d tandards , traints, or seclusion restncte ; s raint.

1·01·111 o f anv patient is abuse in any · . · . . .. tha t in terfere with the paue~t s 1 t I ucs • . ph)·s1cal I \II m edication . seclusion . o 1 .... · r r ·ovid ina e llccuve ror the purposes o P1 ,t"l_ . ·tv or the pa tient and other pc1sons.

. ~e applied unless they are de termined by . . olved in the care and treatment of 1g1st mv 1 h l h involved alist in psychia tric/ men ta ea t . de )a tient to be absolutely necessary Ill or r l . . . h. lf or h erself or o thers and lv inJurtng imse . h 11 1

• d s ch determinauon s a ned1cal n ee s. u l d . th i h sician , a psycholog!st ~nvo ve _10 . e >~ f cfinical nurse sp ecialist ~n psych1atnc/ re and treatment of the p~uent must then . t may be conunued. Every use e the restrain 1· · al erefor shall be m ade a part of the c imc ,f each such entry or a sum~ary of s~ch chief medical o fficer for review. 1:- patient l be ch ecked at least every 30 mm~te~~ ts and a wr itte n record of such chec s s ·

· mergency of a restraint is n ecessary ,n e 1 • d ' ·nJ·ur)' to himself or herself rom ,mme 1a te 1

h . d by attending staff who must aut onze h l · iken to the physician and a1~~ psyc ~ ~gist f the a tien t. T h e faoh ty s~a ave i,e~v~ ~ch go!rn th e use of restra1~ts and ...1· na o rder the personnel who can -;cen11t ::, , . 11 e mergen cy situauons. _ C d U·on those devices which restrain o e sec ,

1 . • or ro tection from acciden ta . ,_nJury or ... pf the pa tient's physical condmon_ or f<X ~ nt o . t shall not be considered , of the pa uen , . b( -\evices used in such situauons . n:1ust . . th the facility's pohc1es and ,mphance WI h tient', devices sh all be a part of t e pa L 19-3 P· 697 , § 16:Ga. L. 1960, p .SM · · :J • -1:99 § 1 · Code 193 cted by Ga. L. 19

~~,t~d e i 933'. § 88-502. 1969 , P· 505, § ' 937 E-§ 4 9· Ga. ,9 , § l ; Ga. L. 1982, P· , s • '

86

37-3-166 TRF.AT'.\ IF.'.\T. FTC: .. FOR '.\IE~T.\l. 11.l.'.\ESS 37-3-167 The 1997 ame ndme nt, dfrc 1iw .J 11 h I. Jll\l'i. in ,11h~,·r1in11 (h). 111,,·nnl ·· . :t p w,

1,, ,1<,~i,t 11nohnl in 1h ,· < :u c a nd 1rea111tt·11t , ,I ,1 p:11 i, ·111. 111 a cli11 ir al 1u 1r,,· , p ,·ri:d i,1 in \' l

,r11ri, / 11H'lll:tl h l'alt h i11\'ohl'd 111 tho· p- .

I an· .t11d lrt'alll ll'III n r tli,· p:11i ,·1n 111 I\\"() p lan·,. 1n"·n,·d ··01 h l'rs, ·11 ·· in t\\·o plan·,. .incl ,1d dl'cl ... rnd :m v ps)·cho lo!,{ist i11\'oln·d in tltl', :11 , .. 111 d trea1me 1ll of lh l' patil'11 1" :ll 1he ,·11d of tit,· lll' XI to last \l' l l l<" IH"t·.

RESEARCH REFERE CES

\ LR. - C:0 11, 11 llt't i1111 .111d .1p pl i1 .11io11 nl ,11 . p . .i1t·111 hi ll o f r ig ht, s1at11tt·,. l-<7 .\ I.R:1 1h

37-3-166. Treatment of clinical records; when release permitted; scope of privileged communications; liability for disclosure; notice to sheriff of discharge.

J UDICIAL DECISIONS

In an act ion arising from the unautho rized •rll-a.se of plaintiff 's psychiatric re co rds by a · ,pit.ti au tho ri ty. unde r th e facL, o f the .,. ,111 d because o f the strung p11hlic policy ,.1., 111 1ai n i11g s trict compl ia nce 1,·ith 1hc • 11 ,- 111ents governing rcle,Lse o f p~ychia1-,, .,1ck 1he tr ial court e n ed i11 g ranting ,.111.1n judgment to d e fe11d a11ts. Slc tto , ·. -;,11.,I A11t h .. 23!1 Ga. App. 20:t :12 1 S.E.2d 1'1'1!1).

Criminal defe nse attorney who subpo enae d records fro m a psychiatric hospital was e n title d to rely o n the presumptio n that the records he rcc:ei\'cd from the h ospital we re ei the r 110 11-p ri\'i lq:;ed o r tha t the hosp ita l fir, 1 o hta i11ed a wai\'cr from the patie n t. l~1 rpowiu 1·. Hvlc,. '.2-17 Ga. App. 2!n , :,,t:\ S. l·'..2d .-, t ('.WOO) .

17-J-167. Right of patient to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter.

, _.,. rc~iews. - For note 011 the I 9\l:i Ji11,·11 t o f this sec1io11 , sec 12 Ca. St. !{,·,. 258 (1995).

J UDICIAL DECISIONS

J•,.,, l'durc for o btaining reco rds. - A , 1,1il detainee ,,·as not e11tit lecl to : 11111i- to require a ~hni lf to prm·id e ·It , • ,pis·s of reco?·d , or h i, m ed ical

11 ,,-hile he was inca rcerated : eve n , ·, It,· had a rig h t to the records u n d e r

• :•p 87

th is ,;ec tio11, because he had not .11·a ilcd h imse lf of regulatory procedure, to secure the record,. he did 11 0 1 meet his b u rd en of sh o" ·ing tha t he lacked a n adeq uate legal re m e d y. Tho mpson v. Pa u lk, 265 Ga. 479. 457 S.E.2d 665 ( 1995) .

' ' I I II

37-3-167 MENTAL HEALTH 37-3-167

records ofan incompetent, deaf and speechless defendant contain both privileged communications under § 24-9-21 (5) and § 43-39-16, and nonprivileged communications, records which contain privileged material are not to be produced in response to a request for production, but the remaining documents must be produced. Annandale at Suwanee, Inc. v. Weatherly, 194 Ga. App. 803, 392 S.E.2d 27 (1990).

Psychiatric medical records are not absolutely privileged. Donalson v. State, 192 Ga. App. 37, 383 S.E.2d 588, cert. denied, 192 Ga. App. 901, 383 S.E.2d 588 (1989), 493 U.S. 1030, 110 S. Ct. 742, 107 L. Ed. 2d 760 (1990).

Records held not subject to inspection. -Mental health records of a person who allegedly shot a number of people in a shopping

mall were "clinical records" within the meaning of§ 37-3-1(2), and therefore not subject to inspection under the Open Records Act. Southeastern Legal Found., Inc. v. Ledbetter, 260 Ga. 803, 400 S.E.2d 630 (1991).

Parent's standing to sue for unauthorized disclosure of child's records. - Father had standing to file suit for unauthorized disclosure of his minor daughter's clinical records and for unauthorized release of privileged material regarding his minor daughter. Mrozinski v. Pogue, 205 Ga. App. 731, 423 S.E.2d 405, cert. denied, 205 Ga. App. 901, 423 S.E.2d 405 ( 1992).

Cited in Tingle v. Harvill, 125 Ga. App. 312, 187 S.E.2d 536 (1972); Lipsey v. State, 170 Ga. App. 770,318 S.E.2d 184 (1984).

OPINIONS OF THE ATTORNEY GENERAL

A hospital is not authorized to release clinical records of any patient, whether alive or deceased, unless the request for such release falls within the enumerated exceptions of th is section; since a request by a relative does not fall within any of the enumerated exceptions, the law will not permit the hospital to release clinical records to

such a person. 1974 Op. Att'y Gen. No. U74-86.

State Board of Pardons and Paroles should be given access to "Discharge Sum• maries" from Central State Hospital on inmates being considered for parole; such disclosure would not be a breach of confidentiality. 1973 Op. Att'y Gen. No. 73-54.

RF.SFARCH REFERENCES

ALR. - Testamentary capacity as affected by use of intoxicating liquor or drugs, 9 ALR3d 15.

37-3-167. Right of patient to examine his records and to request correction of inaccuracies; promulgation of rules and regulations; judicial supervision of files and records relating to proceedings under this chapter.

(a) Except as provided in subsection (b) of Code Section 37-3-162, every patient shall have the right to examine all medical records kept in the patient's name by the department or the facility where the patient was hospitalized or treated.

(b) Every patient shall have the right to request that any inaccurate information found in his medical record be corrected.

(c) The board shall promulgate reasonable rules and regulations lO

implement subsections (a) and (b ) of this Code section. Nothing contained in this Code section shall be construed to require the deletion of info rm a-

130

37-3-167 TREA

tion by the departme; patient records after a

( d) (1) Notwithstan or any provisions of records of a court in . 1978, shall remain s, order of the court is~ subject to the provi: medical portions of t

(2) If any official c person who is not ?

attempting to gain employee knows con, mitment for mental i 1, 1978, and such recc which is ordinarily f created, such official possession of the cou access that if such a re of the court issued af1 to the provisions of portions of the recor-

( 3) Upon a petitio paragraphs ( 1) and inspection by the per: compelling reasons w than the person who i reasons why the recor order shall restrict dis~ for certain purposes c

(4) The court may paragraphs (1) and (2 under this chapter co files and records of st accordance with this representatives of re P:oper purposes to ins WI th out personal iden t upon their use and di may punish by conter 1933, § 88-502.13, en:; 612, § 2.)

37-3-165

notified of any righ t to -~02.24, enacted by Ga. L.

tients prohibited; use of .sion restricted; standards

form of any patient is rfere with the pa tient's n, seclusion, or physical ~s of providing effective t and other persons. ·s they are determined by y in order to prevent a and are required by the ~xpire after 24 h ours. An termination before the and the reasons therefor patient. A copy of each forwarded to the chief

. vsical restraint shall be rhe use of restraints and 1en the application of a rotect the patient from s may be authorized by e action taken to the and procedures which

~lineate, in descending restrain ts in emergency

devices which restrain · accidental injury or hysical condition or for

.all not be considered ch situa tions must be

facility's policies and part of the patient's

16; Ga. L. 1960, p. 837, :J . 499, § l ; Code 1933, :ode 1933, § 88-502.5, ). 937, §§ 4, 9.)

37-3-166 TREAT.\1E'.'ff. ETC., FOR .\1El'ffAL ILLNESS 37-3-166 Cross references. - Abuse, mistreatment, etc., of hospital patients, residents of long-te rm care facilities. etc.. §§ 31-7-9, 31-8-50 el seq., 31-8-80 el seq., 31-8-100 e t

seq. Righ ts of mentally ill persons regarding consent to surgical or medical treatment generally, § 31-9-4.

JUDICIAL DECISIONS

Duty to safeguard and protect patient. -A private hospital in which a patient is placed for treatment owes duty of safeguarding and protecting patient from any known or reasonably apprehended danger from himself which may be due to his mental incapacity, and to use o rdinary and reasonable care to prevent such danger. Brawner v. Bussell , 50 Ga. App. 840, 179 S.E. 228 (1935). Recover)'. for wrongful death of insane patient. - Whe re patient, while in care of the hospital, and with knowledge of the authorities in charge, is temporarily insane

and in a mental condition where he may possibly do injury and harm to himself or others, and the authorities negligently fail to so care for and keep the patient, and by reason thereof he has access to a knife or other sharp instrument, which he uses in killing himself, the authorities of the hospital are guilty of negligence as respects their duty to keep and care for the patient which is the proximate cause of the homicide, and are liable in damages therefor to the person legally entitled to recover. Brawner v. Bussell, 50 Ga. App. 840, 179 S.E. 228 (1935) .

RESEARCH REFERENCES

ALR. - Criminal responsibi lity for physi- treatment of mentally d isordered patient, 99 cal measures undertaken in connection with ALR3d 854.

37-3-166. Treatment of clinical records; when release permitted; scope of privileged communications; liability for disclosure; notice to sheriff of discharge.

(a) A clinical record for each patient shall be maintained. Authorized release of the record shall include but not be limited to examination of the original record, copies of all or any portion of the record, or disclosure of information from the record, except for matters privileged under the laws of this state. Such examination shall be conducted on hospital premises at reasonable times determined by the facili ty. The clinical record shall not be a public record and no part of it shall be released except: (1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, a copy of the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient; (2) A copy of the record may be released to any person or entity designated in writing by the patient or, if appropriate, the parent of a minor, the legal guardian of an adult or minor, or a person to whom legal custody of a minor patient has been given by order of a court; (2.1) A copy of the record of a deceased patient or deceased former patient may be released to or in response to a valid subpoena of a coroner

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37-3-166 MENTAL HEALTH 37-3-166

or medical examiner under Chapter 16 of Title 45, except for matters privileged under the laws of this state;

(3) When a patient is admitted to a facility, a copy of the record or information contained in the record from another facility, community mental health center, or private practitioner may be released to the admitting facility. When the service plan of a patient involves transfer of that patient to another facility, community mental health center, or private practitioner, a copy of the record or information contained in the record may be released to that facility, community mental health center, or private practitioner;

( 4) A copy of the record or any part thereof w..ay be disclosed to any employee or staff member of the facility when it is necessary for the proper treatment of the patient;

(5) A copy of the record shall be released to the patient's attorney if the attorney so requests and the patient, or the patient's legal guardian, consents to the release;

(6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release a copy of the record to the treating physician or to the patient's psychologist;

(7) At the request of the patient, the patient's legal guardian, or the patient's attorney, the record shall be produced by the entity having custody thereof at any hearing held under this chapter;

(8) A copy of the record shall be produced in response to a valid subpoena or order of any court of competent jurisdiction, except for matters privileged under the laws of this state;

( 8.1) A copy of the record may be released to the legal representative of a deceased patient's estate, except for matters privileged under the laws of this state;

(9) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of a criminal investigation may be informed as to whether a person is or has been a patient in a state facility, as well as the patient's current address, if known; and

(10) Notwithstanding any other provision of law to the contrary, a Jaw enforcement officer in the course of investigating the commission of a crime on the premises of a facility covered by this chapter or against facility personnel or a threat to commit such a crime may be informed as to the circumstances of the incident, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabout5 of any alleged patient perpetrator.

(b) In connection with any hearing held under this chapter, an,· physician, including any psychiatrist, or any psychologist who is treating or

37-3-166 TREATMENT, E

who has treated the patient sha matter concerning the patient, otherwise privileged under Coe

(c) Any disclosure authorize, disclosure of confidential or p ri tions shall not in any way abrid character thereof, except for disclosure is made. Any person : section shall not be liable to tht ing any contrary provision of C

(d) When a sheriff transpo1 that sheriff may request in wri1 be given to the sheriff; and sue the patient's guardian consen discretion, the court ordering notice in the order issued purs1 p.697,§ 19; Ga. L. 1960, p .83 L. 1964, p. 499, § 1; Code 1933 § l; Code 1933, § 88-502.12, , 1979, p. 723, §§ 4, 5; Ga. L. 1 ~ L 1991 , p. 1059, §§ 21, 22; G

The 1994 amendment, effective 1994, in subsection (a) , added the and third sentences in the introduct, guage, in paragraph ( 1), inserted ' of", in paragraph (2), substituted•· , ent of a minor, the legal guardian of , or minor, or a person to whom legal ofa minor patient has been given by < a court" for "by his parent or gu: added paragraph (2.1), in paragr~, substituted "a copy of the record" ! patient's record" in two places, sul "record from another" for " record a er", and deleted "in the records of ceding "private practitioner may" ,

Jl-

Protected communications. law has an exceedingly strict view as are privileged communications; r "communications" but "admissio Privileged; what is protected is n <;> Words, but "disclosures made 1

dence." Mrozinski v. Pogue, 205 1

731, 423 S.E.2d 405, cert. denied, App. 901, 423 S.E.2d 405 (1992,) .

Records producible in child cus1

37-3-166

itle 45, except for matters

•. , a copy of the record or 1other facility, communitv ,. may be released to the ')atient involves transfer of mental health center, or ormation contained in the mity mental health center,

')f rr..ay be disclosed to any en it is necessary for the

to the patient's attorney if e patient's legal guardian,

letermined by a physician may release a copy of the ~nt's psychologist; it's legal guardian, or the ced by the entity having ) chapter;

!d in response to a valid t jurisdiction, except for

.o the legal representative ters privileged under the

law to the contrary, a law nal investigation may be a patient in a state facility, .-n; and

law to the contrary, a law .ng the commission of a ;; this chapter or against ·rime may be informed as g whether the individual . a crime is or has been a d last known whereabo

TREATME:--.:T, ETC., FOR YIE:--.TAL ILL'.\ESS 37-3-166 ,, ho ha~ treated the patient shall be authorized to give evidence as to any '11-111cr concerning the patient, including evidence as to communications · dH.' f\,·isc privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.

, c) Any disclosure authorized by this Code section or any unauthorized ,,,closure of confidential or privileged patient information or communica,:~ns shall not in any way abridge or destroy the confidential or privileged ~-haracter thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code tection shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. (d) When a sheriff transports an adult involuntary patient to a facility, that sheriff may request in writing that a notice of such patient's discharge be gi\'en to the sheriff; and such notice shall be provided if such patient or the patient's guardian consents in writing to the disclosure or if, in its d1SCretion, the court ordering the involuntary treatment provides for such notice in the order issued pursuant to Code Section 37-3-81.1. (Ga. L. 1958, P· 697, § 19; Ga. L. 1960, p. 837, § 18~ Code 1933, § 88-518, enacted by G~. L 1964, p. 499, § 1; Code 1933, § 88-:J02. l 0, enacted by Ga. L. 1969, p. 50:J, ~ l ; Code 1933, § 88-502.12, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. :~79. p. 723, §§ 4, 5; Ga. L. 1981 , p. 985 , § 1; Ga. L. 1987, p. 3, § 37; Ga. L !991, p. 1059, §§ 21, 22; Ga. L. 1994, p. 1072, § 2.) Toe I 994 amendment, effective July I, . ,.4, in subsection (a) , added the second .-r: ,h ird sentences in the introductory lanC'J.iC, in paragraph ( l ), inserted "a copy ~ . in paragraph (2) , substitu ted " the parr~.: 0fa minor, the legal guardian ofan adult , •:.,nor. o r a person to whom legal custody ,: ~ minor patient has been given by order of a court" for "by his parent or guardian", added paragraph (2. 1) , in paragraph (3), w. b\,11uted "a copy of the record" for "the ;i,a·:~n1·s record" in rwo places, substituted · ?Tcord from another" for "record at anothn-", and deleted "in the records of a" prerr-<ling "private practitioner may", in para-

graph ( 4), substituted "A copy of the" for "The", in paragraph (5), substituted "A copy of the" for "The" and inserted ", or the patient's legal guardian,", in paragraph (6) , substituted "a copy of the record" for "the patient's record", in paragraph (7), inserted", the patient's legal guardian," and substituted "the patient's" for "his", in paragraph (8), substituted "A copy of the" for "The", added paragraph (8. 1), in paragraph (9) , substituted "; and" for a period, and added paragraph ( 10). Law reviews. - Fo r no te, "Tort Liability in Georgia for the Criminal Acts of Another," see 18 Ga. L. Rev. 361 (1984) .

JUDICIAL DECISIONS

Protected communications. - Georgia ~" "Js an exceedingly strict ,iew as to what arr ;.i mileged communications; not only r~::::nunications" but "admissions" are pr"'1!e~ed; what is protected is not merely c!!. but "disclosures made in confidr-nce ... ~lrozinski v. Pogue, 205 Ga. App. ~I. 423 S.E.2d 405, cert. denied, 205 Ga. ~ - 90 1. 423 S.E.2d 405 (1992). ~ords producible in child custody pro-

ceedings. - \-\l1ere ex-husband, in a child custody proceeding, duly subpoenaed ex-wife 's clinical record from the psychiatric hospital where she had voluntarily admitted herself, that record was producible, except for the portions containing any privileged communications. Weksler v. Weksler, 173 Ga. App. 250, 325 S.E.2d 874 (1985). Mental health records of deaf and speechless defendant. - Where the mental health

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37-7-166 MENTAL HEALTH 37-7-166

(b) Physical restraints shall not be applied unless they are determined by

an attending physician to be absolutely necessary in order to prevent a

patient from seriously injuring himself or others and are required by the

patient's medical needs. Such determination shall expire after 24 hours. An

attending physician must then make a new determination before the

restraint may be continued. Every use of a restraint and the reasons therefor

shall be made a part of the clinical record of the patient. A copy of each

such entry or a summary of such entry shall be forwarded to the chief

medical officer for review. A patien t placed in physical restraint shall be

checked at least ever y 30 minutes by staff trained in the use of restraints and

a written record of such checks shall be made. When the application of a

restraint is necessary in emergency situations to protect the patient from

immediate injury to himself or to others, restraints may be authorized by

attending staff who must immediately report the action taken to the

physician. The facility shall have written policies and procedures which

govern the use of restraints and which clearly delineate, in descending

order, the personnel who can authorize the use of restraints in emergency

situations.

(c) For the purposes of this Code section, those devices which restrain

movement, but are applied for protection from accidental injury or

required for the medical treatment of the patient's physical condition or for

supportive or corrective needs of the patient, shall not be considered

physical restraints. However, devices used in such situations must be

authorized and applied in compliance with the facility's policies and

procedures. The use of such devices shall be a part of the patient's

individualized treatment plan. (Code 1933, § 88-402.5, enacted by Ga. L.

1978, p. 1856, § l; Ga. L. 1982, p. 937, §§ 1, 12.)

Cross references. -Abuse, mistreatment, 31-8-50 et seq., 31-8-80 et seq., 31-8-100 et

etc., of hospital patients, residents of seq.

long-term care facilities, etc., §§ 31-7-9,

37-7-166. Maintenance, confidentiality, and release of clinical records;

disclosure of confidential or privileged patient information.

(a) A clinical record for each patient shall be maintained. Authorized

release of the record shall include but not be limited to examination of the

original record, copies of all or any portion of the record, or disclosure of

information from the record, except for matters privileged under the laws

of this state. Such examination shall be conducted on hospital premises as

determined by the facility. The clinical record shall not be a public record

and no part of it shall be released except:

(l) A copy of the record may be released to any person or enti~•

designated in writing by the patient or, if appropriate, the parent of a

minor, the legal guardian of an adult or minor, or a person to whom legal

custody of a minor patient has been gi\'en by order of a court;

j

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37-7-166 HOSPITALIZ.

(_I.I) A copy of the n patient may be released t or_ ~edical examiner u1· pnVIleged under the law

. (2) When a patient is mformation contained i

men_ta! health center, o adm1tt1ng facility. When , of_ that patient to anoth , pnva te practitioner, a CO/

record may be released , or private practitioner·

' (3) A copy of the recc

employee or staff memb proper treatment of the

( 4) A copy of the recc the attorney so requests ,. consents to the release·

' (S~ In a bona fide me,

Lreatmg the patient, the c

record to the treating ph

(_6) ';-t the request of t1 patients attorney, the re custody thereof at any he:

(7) Except for matter~ record shall be produced. of competent jurisdiction

co (B)_ f\- copy of the patie1 nd1t1ons and for the uses

d(9) A copy of the recoro

~f ~~eased patient's estate 1s state; and

(IO) Notwithstand' en£, mg a1

. orcement officer in the crane on th . facT e premises of to ~ ty ~ersonnel or a thre, all e circumstances of th Pa ~gedl_y committing or th

of ~~nt in the facility, and t~

Y alleged pa tient perr <b) I

Ph.,. · . n connection with : 0 1c1an · . '

• mcludmg any psyci

;

y are determined by orde r to prevent a are required by the c after 24 hours. An ,ination before the the reasons therefor

1<:nt. A copy of each warded to the chief ·al restraint shall be use of restraints and the application of a

,_ect the patient frotn 'lay be authorized by 1ction taken to the ,d procedures which 1eate, in descending ,traints in emergency

.evices which restrain accidental injury or ·sical condition or for 1 not be considered

situations must be acility's policies and Jart of the patient's ·.5, enacted by Ga. L.

t-8-80 et seq., 31-8-100 ct

of clinical records; tient information.

aintained . Authorized to examination of the

;cord, or disclosure of i leged under th~ law, n hospital premises as

:1ot be a public record

, any person or entity priate, the parent of a a person to whom legal er of a court;

J7-7-I66 HOSPITALIZATIO:'\. ETC .. OF ALCOHOLICS. ETC. 37-7-166 ( 1.1) A copy of the record of a deceased patient or deceased former at.icnt may be released to or in response to a valid subpoena ofa coroner ~r medical examiner under C~apter 16 of Ti tle 45, except for matters :)ri,•ilcgecl under the laws of this state;

· '.! ) \\'hen a patient is admitled to a facili ty, a copy of the record or .,~ormation contained in the record from another facili ty, community :;1t'ntal health center, or private practitioner may be released to the ~clniitting facility. When the treatment plan of a patient involves u·ansfer of that patien t to another facili ty, community mental health center, or pri\•ate practitioner, a copy of the record or information contained in the record may be released to that facility, community mental health center, or private practitioner; (3) A copy of the record or any part thereof may be disclosed to any em ployee or staff member _of the facili ty when it is necessary for the proper treatment of the patient; (4) A copy of ~ e record shall be released to the patient's attorney if the anorney so requests and the patient, or the patient's legal guardian, consents to the release; (5) In a bona fide medical emergency, as determined by a physician ·rcating the patient, the chief medical officer may release a copy of the ~ccord to the treating physician or to the patient's psychologist; (6) At the request of the patient, the patient's legal guardian, or the patient's attorney, the record shall be produced by the entity having ,•u tody thereof at any hearing held under this chapter; (7) Except for matters privileged under the laws of this state, the record shall be produced in response to a court order issued by a court ,)f competent jurisdiction pursuant to a full and fair show cause hearing; /8) A copy of the patient's clinical record may be released under the conditions and for the uses and purposes set forth in Code Section 31-7-6; 19) A copy of the record may be released to the legal representative of .1 deceased patien t's estate, except for matters privileged under the laws of this state; and

( 10) Notwithstanding any other provision of law to the contrary, a law enforcement officer in the course of investigating the commission of a r:imc on the premises of a facility covered by this chapter or against :1cility personnel or a threat to commit such a crime may be informed as to the circumstances of the inciden t, including whether the individual allegedly committing or threatening to commit a crime is or has been a patient in the facility, and the name, address, and last known whereabouts of any alleged patien t perpe trator. <b) In connection with any hearing held under this chapter, any ptl\'5ician, including any psychiatrist, or any psychologist who is treating or

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37-7-166 MEl'tfAL HEALTH 37-7-166

who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.

(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made . Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16. (Code 1933, § 88-402.12, enacted by Ga. L. 1978, p. 1856, § l; Ga. L. 1979, p. 744, §§ 4, 5; Ga. L. 1984, p. 594, § l; Ga. L. 1985, p. 996, § l; Ga. L. 1991, p. 1059, §§ 40, 41; Ga. L. 1994, p. 1072, § 6; Ga. L. 1995, p. 10, § 37.)

The 1994 amendment, effective July 1, 1994, in subsection (a), in the preliminary language, added the present second and third sentences, in paragraph (1), substituted the language following " if appropriate," for "by his parent or guardian", added paragraph ( 1.1) , in paragraph (2) , substituted "a copy of the record" for "the patient's record" in the first and second sentences, substituted "record from another" for "record at another" in the first sentence, deleted "in the records of a" preceding "private practitioner may" in the first sentence, in paragraph (3), substituted "A copy of the" for "The", in paragraph (4), substituted "A copy of the" for "The" and inserted ", or the patient's legal guardian,", in paragraph (5), substituted "a copy of the record" for "the patient's record", in para-

graph (6), inserted ", the patient's legal guardian," and substituted "the patient's" for "his", deleted "and" at the end of paragraph (7), in paragraph (8), substituted "A copy" for " Parts" and substituted a semicolon for a period, and added paragraphs (9) and ( 10).

The 1995 amendment, effective February 21, 1995, part of an Act to correct errors and omissions in the Code, inserted "laws of this st.ate, the record shall be produced in" in paragraph (7) of subsection (a).

Code Commission notes. - Ga. L. 199 1. p. l 059, § 40, provides that paragraph (6) of subsection (a) be stricken but inserts a new paragraph (5) of subsection (a) . Pursuant to § 28-9-5, § 40 of the act has been treated as an amendment to paragraph (5) , not para· graph (6), since this was the apparent intent.

JUDICIAL DECISIONS

Protected communications. - Georgia law has an exceedingly strict view as to what are privileged communications; not only "communications" but "admissions" are privileged; what is protected is not merely words, but "disclosures made in confidence." Mrozinski v. Pogue, 205 Ga. App. 731, 423 S.E.2d 405, cert. denied, 205 Ga. App. 901, 423 S.E.2d 405 (1992).

Parent's standing to sue for unauthorized disclosure of child's records. - Father had standing to fi le suit for unauthorized disclosure of his minor daughter's clinical record,) and for unauthorized release of privileged material regarding his minor daughter Mrozinski v. Pogue, 205 Ga. App. 731. 423

S.E.2d 405, cert. denied, 205 Ga. App- 90L 423 S.E.2d 405 ( 1992).

RESEARCH REFERENCES

ALR. - Testamentary capacity as affected by use of intoxicating liquor o r drugs. 9 ALR3d 15.

248

37-7-167 HOSPITALI

37-7-167. Right of patient of inaccuracies supervision of f chapter.

(a) Except as provided patient shall have the ril patient's name by the de hospitalized or treated.

(b) Every patient shal information found in h i~

(c) The board shall p implement subsections (a in this Code section shall tion by the department pat:ien t records after a re,

(d) Not\vj thstanding p,files and records of a cour sealed and shall be open t

after notice to the patie1. 37-7-166 pertaining to the court may refer to such . under this chapter concer and records of such subs dance with this subsectioi ?ves of recognized organi; lllspect and make abstra i~entifying information ar distribution that the court Contempt any violations o lealed fi les and records n Upon petition by the persr lhose persons named in th L 1978, p. 1856, § I.)

Jaso Cioa references. - Release rtnation generally, § 24-9-40

'1-'1-l68. Right of patient' and staff attenc release of infori

ihe · , L. paue nl s attornev lll~n·· th ' "°"' iew . e physician or

attending the patien 1

ii ' i ii in the superior court of glynn county ... · capital murder case, and movant herein,...

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