---
kind: "section"
citation: "24 U.S.C. § 323"
title: "24"
title_heading: "Hospitals and Asylums"
number: "323"
heading: "Transfer and release to State of residence or legal domicile, or to relative"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/24/323"
units:
  - "Chapter 9 — Hospitalization of Mentally Ill Nationals Returned from Foreign Countries"
---

# §323. Transfer and release to State of residence or legal domicile, or to relative


If, at the time of arrival in the United States, the [residence](/usc/24/321.md?p=e) or the legal domicile of an [eligible person](/usc/24/321.md?p=d) appearing to be in need of care and treatment in a mental hospital is known to be in a [State](/usc/24/321.md?p=c), or whenever thereafter such a person’s [residence](/usc/24/321.md?p=e) or legal domicile in a [State](/usc/24/321.md?p=c) is ascertained, the [Secretary](/usc/24/321.md?p=b) shall, if the person is then under his care (whether directly or pursuant to a contract or other arrangement under section [322](/usc/24/322.md) or [324](/usc/24/324.md) of this title), endeavor to arrange with the proper authorities of such [State](/usc/24/321.md?p=c), or of a political subdivision thereof, for the assumption of responsibility for the care and treatment of such person by such authorities and shall, upon the making of such arrangement in writing, transfer and release such person to such authorities. In the event the [State](/usc/24/321.md?p=c) of the [residence](/usc/24/321.md?p=e) or legal domicile of an [eligible person](/usc/24/321.md?p=d) cannot be ascertained, or the [Secretary](/usc/24/321.md?p=b) is unable to arrange with the proper authorities of such [State](/usc/24/321.md?p=c), or of a political subdivision thereof, for the assumption of responsibility for his care and treatment, the [Secretary](/usc/24/321.md?p=b) may, if he determines that the best interests of such person will be served thereby, transfer and release the [eligible person](/usc/24/321.md?p=d) to a relative who agrees in writing to assume responsibility for such person after having been fully informed as to his condition.


## Source credit

(Pub. L. 86–571, § 3, July 5, 1960, 74 Stat. 308.)