South Carolina § 44-13-30 Removal of patient or trainee who is not a citizen of this State.

South Carolina Statutes

§ 44-13-30 — Removal of patient or trainee who is not a citizen of this State.

South Carolina § 44-13-30

Title 44HEALTH

Ch. 13ADMISSION, DETENTION AND REMOVAL OF PATIENTS AT STATE MENTAL HEALTH FACILITIES

This text of South Carolina § 44-13-30 (Removal of patient or trainee who is not a citizen of this State.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 44-13-30 (2026).

Text

Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State mental health facility is not a citizen of this State, the superintendent of the facility concerned shall immediately notify the Office of Mental Health, and the Office of Mental Health shall notify the mental health commission or other appropriate agency of the state of which the patient or trainee is a citizen. If the state of his citizenship fails to provide for his removal within a reasonable time, the Office of Mental Health shall cause him to be delivered to the officials authorized by law to care for similar persons pending their commitment to state institutions of the state of his citizenship. The cost of t

Free access — add to your briefcase to read the full text and ask questions with AI

Unless he was admitted pursuant to the Interstate Compact on Mental Health as set out in Section 44-25-20 or a supplementary agreement thereto, if any person admitted to a State mental health facility is not a citizen of this State, the superintendent of the facility concerned shall immediately notify the Office of Mental Health, and the Office of Mental Health shall notify the mental health commission or other appropriate agency of the state of which the patient or trainee is a citizen. If the state of his citizenship fails to provide for his removal within a reasonable time, the Office of Mental Health shall cause him to be delivered to the officials authorized by law to care for similar persons pending their commitment to state institutions of the state of his citizenship. The cost of these proceedings and conveyance from this State shall be borne by this State under reciprocity agreements made by the Department of Behavioral Health and Developmental Disabilities with the mental health authorities of other states. In entering upon such reciprocal agreements with other states, the Department of Behavioral Health and Developmental Disabilities shall provide that the requirements necessary to gain residence in this State shall not be less than those required for the acquisition of residence in the other contracting state. The Office of Mental Health may, however, in cases of undue hardship waive the requirements of residence, for cause.

Legislative History

HISTORY: 1962 Code SECTION 32-1024; 1952 Code SECTIONS 32-972, 32-1008; 1942 Code SECTIONS 6232, 6233; 1932 Code SECTIONS 6232, 6233; Civ. C. '22 SECTIONS 5085, 5086; Civ. C. '12 SECTIONS 3368, 3369; 1902 (23) 1026; 1920 (31) 704; 1932 (37) 1365; 1952 (47) 2042; 1954 (48) 1732; 1959 (51) 325. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.