26B-5-364. Persons eligible for care or treatment by federal agency -- Continuing jurisdiction of state courts.
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/ut/title-26b/chapter-5/26b-5-364A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/3/2023
26B-5-364. Persons eligible for care or treatment by federal agency -- Continuing jurisdiction of state courts.
(1)If an individual committed pursuant to Section 26B-5-332 is eligible for care or treatment by any agency of the United States, the court, upon receipt of a certificate from a United States agency, showing that facilities are available and that the individual is eligible for care or treatment therein, may order the individual to be placed in the custody of that agency for care.
(2)When admitted to any facility or institution operated by a United States agency, within or without this state, the individual shall be subject to the rules and regulations of that agency.
(3)The chief officer of any facility or institution operated by a United States agency and in which the individual is hospitalized, shall, with respect to that individual, be vested with the same powers as the superintendent or director of a mental health facility, regarding detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in 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 hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned.
Renumbered and Amended by Chapter 308 , 2023 General Session