North Dakota Code 25-03.1-35 – Treatment by an agency of the United States
1. If a respondent under this chapter is eligible for treatment by any agency of the United States, the court, upon receipt of notice from that agency showing that facilities are available and that the individual is eligible for care or treatment therein, may order the respondent placed in the custody of the agency for treatment. Any individual admitted under the order of the court to any treatment facility operated by any agency of the United States within or without the state is subject to the rules and regulations of the agency. The chief officer of any treatment facility operated by an agency has the same powers as the heads of treatment facilities within this state with respect to detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in the committing court of this state at any time to inquire into the mental condition of an individual so transferred or placed and to determine the necessity for continuance of treatment.
Terms Used In North Dakota Code 25-03.1-35
- Continuance: Putting off of a hearing ot trial until a later time.
- Individual: means a human being. See North Dakota Code 1-01-49
- 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.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. An order of a court of competent jurisdiction of another state or of the District of Columbia authorizing treatment of an individual by any agency of the United States has the same force and effect as to the individual while in this state as in the geographical jurisdiction of the court entering the order; and the courts of the state or district issuing the order retain jurisdiction of the individual for the purposes of inquiring into the individual’s mental condition and of determining the necessity for continuance of treatment. Consent is hereby given to the application of the law of the state or district in which the court issuing the order for treatment is located with respect to the authority of the chief officer of any treatment facility operated in this state by any agency of the United States to retain custody, transfer, conditionally release, or discharge the individual being treated.