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24 U.S.C. § 323Transfer and release to State of residence or legal domicile, or to relative

submitted 66 years ago by Pub. L. 86-571 to r/title-24-HOSPITALS-AND-ASYLUMS · 227 words · no verdicts yet

in plain englishAI-generated · not legal advice

If an arriving person needs mental-health care, HHS checks their home state. If a state is known, HHS must try to hand off their care to it. HHS then formally transfers the person to that state's authorities. If no state can be found, or none will take responsibility, HHS has another option. HHS may release the person to a relative who agrees in writing to help.

This section applies to an "eligible person" (defined elsewhere) who arrives in the United States and appears to need care or treatment in a mental hospital. If, at the time of arrival, or at any point afterward, it becomes known that this person's home — their residence or legal domicile — is in a particular state, the Secretary must try to arrange for that state, or one of its local governments, to take over responsibility for the person's care and treatment. This only applies if the Secretary is already caring for the person, whether directly or through a contract or arrangement made under section 322 or 324 of this title. Once the Secretary and the state make that arrangement in writing, the Secretary must formally transfer and release the person to the state's authorities. If the person's home state cannot be figured out, or the Secretary cannot get a state's authorities to agree to take responsibility, the Secretary has another option: if the Secretary decides it would be in the person's best interest, the Secretary may transfer and release the person to a relative instead. That relative must agree in writing to take responsibility for the person, after being fully told about the person's condition.
the actual law source: uscode.house.gov ↗public domain

If, at the time of arrival in the United States, the residence or the legal domicile of an eligible person appearing to be in need of care and treatment in a mental hospital is known to be in a State, or whenever thereafter such a person’s residence or legal domicile in a State is ascertained, the Secretary shall, if the person is then under his care (whether directly or pursuant to a contract or other arrangement under section 322 or 324 of this title), endeavor to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for the care and treatment of such person by such authorities and shall, upon the making of such arrangement in writing, transfer and release such person to such authorities. In the event the State of the residence or legal domicile of an eligible person cannot be ascertained, or the Secretary is unable to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for his care and treatment, the Secretary may, if he determines that the best interests of such person will be served thereby, transfer and release the eligible person to a relative who agrees in writing to assume responsibility for such person after having been fully informed as to his condition.

Source credit: (Pub. L. 86–571, § 3, July 5, 1960, 74 Stat. 308.)

history & why it existsrecord from the source credit
  • 1960Enacted · Pub. L. 86-571 · 74 Stat. 308

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-571 on 1960-07-05.

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