§ 323. — Transfer and release to State of residence or legal domicile, or to relative.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC323]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 9--HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
FOREIGN COUNTRIES
Sec. 323. Transfer and release to State of residence or legal
domicile, or to relative
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.
(Pub. L. 86-571, Sec. 3, July 5, 1960, 74 Stat. 308.)
Section Referred to in Other Sections
This section is referred to in sections 324, 327, 329 of this title.