2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 113 - Uniform Veterans' Guardianship Act › § 3118. Commitment to Veterans’ Administration or other agency of U.S. government

§ 3118. Commitment to Veterans’ Administration or other agency of U.S. government
(a) Whenever, in a proceeding under the laws of this State for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the Veterans’ Administration or other agency of the U.S. government, the court, upon receipt of a certificate from the Veterans’ Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment there, may commit such person to such Veterans’ Administration or other agency. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this State; and nothing in this chapter shall affect his right to appear and be heard in the proceedings. Upon commitment, when admitted to a facility operated by such agency within or without this State, such person shall be subject to the rules and regulations of the Veterans’ Administration or other agency. The chief officer of a facility of the Veterans’ Administration or institution operated by another agency of the United States to which the person is so committed, with respect to such person, shall be vested with the same powers as superintendents of State hospitals for mental diseases within this State with respect to retention of custody, transfer, parole, or discharge. Jurisdiction is retained in the committing or other appropriate court of this State at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commitments pursuant to this chapter are so conditioned.
(b) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the Veterans’ Administration, or other agency of the U.S. government for care or treatment shall have the same force and effect as to the committed person while in this State as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his or her restraint; as is provided in subsection (a) of this section with respect to persons committed by the courts of this State. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of a facility of the Veterans’ Administration, or of an institution operated in this State by another agency of the United States to retain custody, or transfer, parole, or discharge the committed person.
(c) Upon receipt of a certificate of the Veterans’ Administration or such other agency of the United States that facilities are available for the care or treatment of a person heretofore committed to a hospital for the insane or other institution for the care or treatment of persons similarly afflicted and that such person is eligible for care or treatment, the superintendent of the institution may cause the transfer of such person to the Veterans’ Administration or other agency of the United States for care or treatment. Upon effecting such transfer, the committing court or proper officer thereof shall be notified thereof by the transferring agency. A person shall not be transferred to the Veterans’ Administration or other agency of the United States if he or she be confined pursuant to conviction of a felony or misdemeanor or if he or she has been acquitted of the charge solely on the ground of insanity, unless prior to transfer, the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.
(d) A person transferred as provided in this section shall be deemed to be committed to the Veterans’ Administration or other agency of the United States pursuant to the original commitment.