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 o
Court may order transfer of custody to federal facility, when--head offederal facility to be successor administrator--court to retainjurisdiction--orders from courts of other states to be observed inthis state.
632.395. 1. If an individual ordered to be involuntarilydetained or committed, treated and evaluated pursuant to thischapter is eligible for hospital care or treatment by any agencyof the United States, the court, upon receipt of a certificatefrom such agency showing that facilities are available and thatthe individual is eligible for care or treatment therein, mayorder him to be placed in the custody of such agency forhospitalization. When any individual is admitted pursuant to theorder of the court to any hospital or institution operated by anyagency of the United States within or without this state, heshall be subject to the rules and regulations of such agency.The chief officer of any hospital or institution operated by suchagency and in which the individual is so hospitalized shall, withrespect to such individual, be vested with the same powers as theheads of hospitals or the division within this state have withrespect to detention, custody, transfer, conditional release anddischarge of patients. Jurisdiction is retained in theappropriate courts of this state at any time to inquire into themental condition of an individual so hospitalized and todetermine the necessity for continuance of his hospitalization,and every order of hospitalization issued pursuant to thissection is so conditioned.
2. An order of a court of competent jurisdiction of anotherstate, or of the District of Columbia, authorizinghospitalization of an individual by any agency of the UnitedStates shall have the same force and effect as to the individualwhile in this state as in the jurisdiction in which is situatedthe court entering the order, and the courts of the state orDistrict of Columbia issuing the order shall be deemed to haveretained jurisdiction of the individual so hospitalized for thepurpose of inquiring into his mental condition and of determiningthe necessity for continuance of his hospitalization, as isprovided in subsection 1 of this section with respect toindividuals ordered hospitalized by the courts of this state.Consent is hereby given to the application of the law of thestate or District of Columbia in which is located the courtissuing the order for hospitalization with respect to theauthority of the chief officer of any hospital or institutionoperated in this state by any agency of the United States toretain custody, transfer, conditional release or discharge theindividual hospitalized.
(L. 1980 H.B. 1724)