Title 24 — Hospitals and AsylumsRelease 119-73

§323 Transfer and release to State of residence or legal domicile, or to relative

Title 24 › Chapter CHAPTER 9— - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM FOREIGN COUNTRIES › § 323

Last updated Apr 6, 2026|Official source

Summary

When a person in federal care appears to need treatment in a mental hospital and their State residence or legal home becomes known (on arrival or later), the Secretary must try to make a written agreement with that State or its local authorities to take over the person’s care and must transfer the person to them. This covers care given directly or under contracts (sections 322 or 324). If the State can’t be found or won’t accept the person, the Secretary may, if it is in the person’s best interests, transfer the person to a relative who signs to accept responsibility after being fully informed of the person’s condition.

Full Legal Text

Title 24, §323

Hospitals and Asylums — Source: USLM XML via OLRC

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.

Reference

Citations & Metadata

Citation

24 U.S.C. § 323

Title 24 — Hospitals and Asylums

Last Updated

Apr 6, 2026

Release point: 119-73