A 1013 in Georgia is a certificate a qualified clinician signs after personally examining someone in a mental health crisis, authorizing emergency transport to a receiving facility and a hold of up to 48 hours for evaluation.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physicians Certification or Court Order It is not a court order and it does not commit anyone to long-term treatment. It opens a narrow window for a professional evaluation, with legal safeguards at every stage.
Who Can Sign a 1013
Only certain licensed professionals can complete Form 1013: physicians, psychologists, licensed clinical social workers, and clinical nurse specialists in psychiatric or mental health.2Georgia Department of Human Services. 6007 Inpatient Hospitalization – Section: Emergency Examination The clinician has to have personally examined the individual before signing.
The certificate must reflect one of two clinical findings. Either the person presents a substantial risk of harm to themselves or others, shown by recent violent acts or recent threats of violence that create a real probability of physical injury, or the person is so unable to care for their own physical health and safety that they face an immediately life-threatening situation.2Georgia Department of Human Services. 6007 Inpatient Hospitalization – Section: Emergency Examination Both standards are intentionally high. Being disoriented or behaving unusually does not, by itself, meet the threshold.
How Someone Ends Up on a 1013
Georgia offers two routes to an emergency psychiatric evaluation, and which one applies depends on whether a qualified clinician has already examined the person.
The Clinical Certificate Route
The faster route is the 1013 itself. A licensed clinician examines the person, usually in an emergency room, a crisis stabilization unit, or during a mobile crisis team visit, and signs the certificate. That signature authorizes transport to an emergency receiving facility and a hold of up to 48 hours.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physicians Certification or Court Order Family members cannot complete a 1013 themselves. What they can do is take the person to an emergency room or call a mobile crisis team so that a clinician gets involved.
The Probate Court Route
If no clinician has examined the person, concerned individuals can petition the probate court. This requires at least two people to file affidavits stating that within the preceding 48 hours they personally observed the individual and have reason to believe involuntary treatment is needed.1Justia. Georgia Code 37-3-41 – Emergency Admission Based on Physicians Certification or Court Order The 48-hour window applies to the witnesses’ observations, not to the filing itself. If the judge finds the affidavits credible, the court issues an Order to Apprehend and a sheriff’s deputy transports the person to a hospital for a physician’s evaluation. From there, the same 48-hour evaluation period applies.
Emergency Custody by Police
Under O.C.G.A. 37-3-42, a peace officer with probable cause to believe someone is mentally ill and needs involuntary treatment can take that person to an emergency receiving facility, but not unilaterally. The officer must first consult a physician in person, by phone, or through telehealth. Only if the physician determines there is probable cause to believe an examination is needed does the physician authorize transport. The officer writes a detailed report of the circumstances, which becomes part of the patient’s clinical record.3Justia. Georgia Code 37-3-42 – Emergency Admission of Persons
Once a 1013 has been signed, law enforcement is typically responsible for the transport itself, though Georgia law encourages private transportation by family or friends when the facility is satisfied the person can be moved safely.4Justia. Georgia Code 37-7-101 – Transportation of Patients Generally
What Happens at the Receiving Facility
An emergency receiving facility is a hospital or state-operated facility designated by the Georgia Department of Behavioral Health and Developmental Disabilities to accept patients under the emergency admission statutes. Every Georgia regional hospital must maintain one, and private facilities can be designated with the consent of their governing officers.5Justia. Georgia Code 37-3-40 – Designation by Department of Emergency Receiving Facilities
Once the person arrives, the 48-hour clock starts. Within that window the facility examines the individual and reaches one of three outcomes: discharge, voluntary admission for treatment, or a decision that further involuntary evaluation is needed.2Georgia Department of Human Services. 6007 Inpatient Hospitalization – Section: Emergency Examination Many holds end here. A physician who finds the person does not meet inpatient criteria discharges them.
If continued treatment is warranted, the person may be transferred to an evaluating facility for up to five additional days while an individualized treatment plan is developed. During that period, the chief medical officer and two physicians who have examined the patient within the past five days decide whether to file a petition (Form 1021) for involuntary treatment in probate court.6Georgia Department of Behavioral Health and Developmental Disabilities. Emergency Admission Process Map No petition, no continued hold. The person must be released.
The Court Hearing Timeline
You may see it claimed online that a hearing must occur within 72 hours of admission. That is not the law. Under O.C.G.A. 37-3-81, once a petition for involuntary treatment is filed, the probate court must hold a full hearing no sooner than 7 days and no later than 12 days after filing.7Justia. Georgia Code 37-3-81 – Hearing The minimum waiting period exists so the patient has time to prepare a defense with an attorney.
At the hearing, the court determines whether the patient meets the legal definition of a mentally ill person requiring involuntary treatment. If the judge orders continued hospitalization, that order cannot exceed six months. At the end of that period, the chief medical officer must apply for a new order if continued hospitalization is still deemed necessary.8Justia. Georgia Code 37-3-81.1 – Disposition of Patient Upon Hearing The court must issue written findings of fact and conclusions of law for any involuntary treatment order, which creates a reviewable record on appeal.
If the judge finds insufficient evidence, the person must be released. The patient can also waive the hearing in writing, though anyone considering that should talk to an attorney first.
Your Rights While You’re on a 1013
A 1013 hold restricts a person’s freedom of movement, but it doesn’t strip their legal rights. Georgia law builds protections in at every stage.
Notice and Counsel
On arrival at an emergency facility, the person must receive written notice of their rights, including the right to petition for a writ of habeas corpus, the right to request a protective order, and the right to an attorney. A patient or their representative can file a petition alleging any right or privilege under the mental health code is being unjustly denied, and the court has authority to investigate and issue corrective orders.9Justia. Georgia Code 37-3-148 – Right of Patients or Representatives to File Petition
Treatment and Consent
All care must be administered skillfully, safely, and humanely, with full respect for the patient’s dignity and personal integrity.10Justia. Georgia Code 37-3-162 – Patients Care and Treatment Rights Only standard psychiatric treatments are permitted unless the patient gives written consent to something else. Patients also have the right to request an examination by a private physician or psychologist of their choosing.
The right to refuse medication is also protected. If a physician determines refusal would be unsafe to the patient or others, medication can be given as emergency treatment. But if the patient continues to refuse, a concurring opinion from a second physician is required before medication can continue without consent. Patients have the right to appear at any hearing as free from medication side effects as reasonably possible, which prevents a facility from sedating someone into silence before they face a judge.11Justia. Georgia Code 37-3-163 – Recognition of Patients Physical Integrity and Rights to Refuse Medication
Protective Orders
Any patient who objects to their treatment can request a protective order under O.C.G.A. 37-3-148.9Justia. Georgia Code 37-3-148 – Right of Patients or Representatives to File Petition This is a separate remedy from the involuntary treatment hearing and can be pursued at any time during the hold. Family members and legal representatives can file on the patient’s behalf, which matters when someone in acute crisis is not in a position to advocate for themselves.
1013 vs. 2013: Mental Health vs. Substance Use
Georgia uses different forms depending on the underlying condition. A 1013 applies when the basis for emergency admission is a mental illness. A 2013 applies when the need for services stems from a substance use disorder.2Georgia Department of Human Services. 6007 Inpatient Hospitalization – Section: Emergency Examination The distinction matters because the two forms route patients into different treatment tracks under different chapters of the Georgia Code: Chapter 3 for mental health, Chapter 7 for substance use.
In practice, the line blurs. Someone in a psychotic episode fueled by methamphetamine use may qualify under either form. The clinician completing the certificate decides which condition is the primary basis for emergency admission, and that choice determines which facility and treatment framework applies. If you’re a family member trying to get help for someone dealing with both, make sure the clinician knows the full picture so the form reflects the most accurate basis for treatment.