On Psychosocial Needs Assessment
|On Psychosocial Needs Assessment|
|Document issuer||Parliament of Georgia|
|Date of issuing||20/03/2015|
|Document type||Law of Georgia|
|Source and date of publishing||Website, 31/03/2015|
LAW OF GEORGIA
ON PSYCOLOGICAL NEEDS ASSESSMENT
This Law determines the legal, economic and organisational grounds for an obligatory examination (‘the Assessment) in order to identify a person as a person with psychosocial needs.
The legislation of Georgia, in the field of psychosocial assessment, consists of the Constitution of Georgia, the international agreements and treaties of Georgia, this Law and other normative acts.
For the purposes of this Law, the terms used herein shall have the following meaning:
a) Psychiatrist – a person who holds a state certificate in the respective medical specialty;
b) Psychologist – a person who has been granted the qualification of a psychologist in the manner laid down by Georgian legislation;
c) Social worker – a person who is specially authorised by the guardianship and custody authority;
d) Occupational therapist – a person who has been granted the qualification of an occupational therapist in the manner laid down by Georgian legislation;
e) Person with psychosocial needs – a person whose status of a person with psychosocial needs is reviewed according to the Civil Procedure Code of Georgia;
f) Bureau – the Legal Entity under Public Law called Levan Samkharauli National Forensics Bureau;
g) Positive conclusion – a conclusion that confirms those mental and intellectual disabilities of a person that, in the case of interaction with various obstacles, might hinder the person’s full and effective participation in social life on equal terms with others.
h) Negative conclusion – a conclusion that does not confirm those mental and intellectual disabilities of a person that, in the case of interaction with various obstacles, might hinder the person’s full and effective participation in social life on equal terms with others.
1. A psychosocial needs assessment is an interdisciplinary activity that includes the assessment of medical, psychiatric, functional, psychological, and social adaptation and other aspects.
2. The main objective of a psychosocial needs assessment is to define the degree of mental and/or intellectual disability of persons, to assess their social adaptation and, based on this assessment, to determine the special characteristics of their support.
The basis of conducting a psychosocial needs assessment is the comprehensive assessment of psychiatric, social, domestic, professional, occupational and psychological data on a person.
The Bureau shall reach a conclusion on issues related to a psychosocial needs assessment.
In order to conduct a psychosocial needs assessment, a multidisciplinary group of four members shall be set up in the Bureau. This group shall consist of a psychiatrist, a psychologist, a social worker and an occupational therapist (or a person who treats persons with psychosocial needs related to physical, mental or social issues, by selecting specific activities).
The Ministry of Labour, Health and Social Affairs of Georgia shall develop and approve procedures for conducting a psychosocial needs assessment.
1. If necessary, the Bureau shall have the right to invite other appropriate specialists to participate in the process of a psychosocial needs assessment conducted by the multidisciplinary group.
2. The conclusion reached by the specialist referred to in paragraph 1 of this article shall be recommendatory for the multidisciplinary group.
1. Each member of the multidisciplinary group shall separately assess a person’s ability to make a decision without support in the field determined by the court’s decision.
2. The multidisciplinary group shall:
a) establish the degree of mental and intellectual disability of a person;
b) establish the degree of limitation of a person’s actions and his/her participation in social life;
c) assess a person’s interaction with the environment;
d) establish the degree of a person’s social adaptation;
e) assess the possibility of improvement or deterioration of a person’s condition;
f) answer the questions asked in the application of the court;
g) determine whether or not a person needs support in the field stated in the application;
h) if the assessment reveals that the person needs support in a field other than the one stated in the application, indicate the relevant field;
i) examine and determine any other issues that are required for a proper assessment.
1. The Bureau shall have the right, if necessary, to request appropriate data, certificates from medical facilities, enterprises and organisations regardless of their organisational and/or legal form.
2. The facilities, enterprises and organisations specified in paragraph 1 of this article shall be obliged to provide the information requested by the Bureau.
If a person with psychosocial needs is unable to appear in the Bureau because of a health condition, the person shall be examined in a hospital or at his/her place of residence.
1. After the assessment, the multidisciplinary group shall issue a positive or a negative conclusion.
2. It is prohibited to issue a positive conclusion based only on a diagnosis that confirms the mental and/or intellectual disability of a person.
3. A conclusion must be reasoned. It must indicate all the actions performed by the multidisciplinary group during the examination.
4. A positive conclusion must indicate a period recommended by the multidisciplinary group for a review of the court decision.
5. A psychosocial needs assessment shall be conducted within a month after the application of the court.
6. The multidisciplinary group shall make a decision by a majority vote.
7. A member of the multidisciplinary group may not abstain from voting.
8. In the case of a tie during the decision-making process by the multidisciplinary group, the court shall assess the conclusion.
9. A member of the multidisciplinary group who holds a dissenting opinion shall be obliged to attach the opinion in written form to the conclusion.
The Ministry of Labour, Health and Social Affairs of Georgia shall, before 1 June 2015, approve the procedures and standards for conducting psychosocial needs assessments.
1. This Law, except for Articles 1-13, shall enter into force upon promulgation.
2. Articles 1-13 of this Law shall enter into force from 1 June 2015.
President of Georgia Giorgi Margvelashvili
20 March 2015