Title 24 — Hospitals and AsylumsRelease 119-73

§326 Release of patient

Title 24 › Chapter CHAPTER 9— - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM FOREIGN COUNTRIES › § 326

Last updated Apr 6, 2026|Official source

Summary

If a person hospitalized under sections 322 or 324, or that person’s legal guardian, spouse, or adult next of kin asks to be released, whether they can be kept follows the State’s laws about holding people believed to be mentally ill. The hospital cannot hold them more than 48 hours (not counting Sundays or legal holidays) after the request unless a court case to hospitalize them starts in that time or a court extends the time by up to five days to begin the case. The Secretary may move anyone hospitalized under section 324 to another hospital if it helps the person or the hospital. A court commitment can be made naming the Secretary.

Full Legal Text

Title 24, §326

Hospitals and Asylums — Source: USLM XML via OLRC

(a)If a person who is a patient hospitalized under section 322 or 324 of this title, or his legal guardian, spouse, or adult next of kin, requests the release of such patient, the right of the Secretary, or the head of the hospital, to detain him for care and treatment shall be determined in accordance with such laws governing the detention, for care and treatment, of persons alleged to be mentally ill as may be in force and applicable generally in the State in which such hospital is located, but in no event shall the patient be detained more than forty-eight hours (excluding any period of time falling on a Sunday or legal holiday) after the receipt of such request unless within such time (1) judicial proceedings for such hospitalization are commenced or (2) a judicial extension of such time is obtained, for a period of not more than five days, for the commencement of such proceedings.

(b)The Secretary is authorized at any time, when he deems it to be in the interest of the person or of the institution affected, to transfer any person hospitalized under section 324 of this title from one hospital to another, and to that end any judicial commitment of any person so hospitalized may be to the Secretary.

Reference

Citations & Metadata

Citation

24 U.S.C. § 326

Title 24 — Hospitals and Asylums

Last Updated

Apr 6, 2026

Release point: 119-73