Title 24 — Hospitals and AsylumsRelease 119-73not60
§323 Transfer and Release to State of Residence or Legal Domicile, or to Relative
Title 24 › Chapter 9— HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM FOREIGN COUNTRIES › § 323
Summary
The Secretary must try to get the State where the person lives to take responsibility for their care in a mental hospital. If State or local officials agree in writing, the Secretary must transfer and release the person to them. If the State can’t be found or won’t agree, the Secretary may, if it seems best for the person, transfer them to a relative who signs in writing after being fully told about 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 5, 2026
Release point: 119-73not60