Maine Revised Statutes Title 34-B Sec. 3865 – Hospitalization by federal agency
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If a person ordered to be hospitalized under section 3864 is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of a certificate from the agency showing that facilities are available and that the person is eligible for care or treatment in the facilities, may order the person to be placed in the custody of the agency for hospitalization. [PL 2007, c. 319, §11 (AMD).]
1. Rules and rights. A person admitted under this section to any psychiatric hospital or institution operated by any agency of the United States, inside or outside the State, is subject to the rules of the agency, but retains all rights to release and periodic court review granted by this subchapter.
[PL 2007, c. 319, §11 (AMD).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 3865
- Chief administrative officer: means the head of a state institution or the head of any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
- Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
- Continuance: Putting off of a hearing ot trial until a later time.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Psychiatric hospital: means :
A. See Maine Revised Statutes Title 34-B Sec. 3801United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Powers of chief administrative officer. The chief administrative officer of any psychiatric hospital or institution operated by a federal agency in which the person is hospitalized has, with respect to the person, the same powers as the chief administrative officer of psychiatric hospitals or the commissioner within this State with respect to detention, custody, transfer, conditional release or discharge of patients.
[PL 2007, c. 319, §11 (AMD).]
3. Court jurisdiction. Every order of hospitalization issued under this section is conditioned on the retention of jurisdiction in the courts of this State to, at any time:
A. Inquire into the mental condition of a person hospitalized; and [PL 1983, c. 459, §7 (NEW).]
B. Determine the necessity for continuance of the person’s hospitalization. [PL 2007, c. 319, §11 (AMD).]
[PL 2007, c. 319, §11 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2007, c. 319, §11 (AMD).