Section 632.395

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2023, 2 histories   

  632.395.  Court may order transfer of custody to federal facility, when — head of federal facility to be successor administrator — court to retain jurisdiction — orders from courts of other states to be observed in this state. — 1.  If an individual ordered to be involuntarily detained or committed, treated and evaluated pursuant to this chapter is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of a certificate from such agency showing that facilities are available and that the individual is eligible for care or treatment therein, may order him or her to be placed in the custody of such agency for hospitalization.  When any individual is admitted pursuant to the order of the court to any hospital or institution operated by any agency of the United States within or without this state, he or she shall be subject to the rules and regulations of such agency.  The chief officer of any hospital or institution operated by such agency and in which the individual is so hospitalized shall, with respect to such individual, be vested with the same powers as the heads of hospitals or the division within this state have with respect to detention, custody, transfer, conditional release and discharge of patients.  Jurisdiction is retained in the appropriate courts of this state at any time to inquire into the mental condition of an individual so hospitalized and to determine the necessity for continuance of his or her hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned.

  2.  An order of a court of competent jurisdiction of another state, or of the District of Columbia, authorizing hospitalization of an individual by any agency of the United States shall have the same force and effect as to the individual while in this state as in the jurisdiction in which is situated the court entering the order, and the courts of the state or District of Columbia issuing the order shall be deemed to have retained jurisdiction of the individual so hospitalized for the purpose of inquiring into his or her mental condition and of determining the necessity for continuance of his or her hospitalization, as is provided in subsection 1 of this section with respect to individuals ordered hospitalized by the courts of this state.  Consent is hereby given to the application of the law of the state or District of Columbia in which is located the court issuing the order for hospitalization with respect to the authority of the chief officer of any hospital or institution operated in this state by any agency of the United States to retain custody, transfer, conditional release or discharge the individual hospitalized.

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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)