Duval, Dr. Adison M., acting superintendent, St. Elizabeths Hospital Broyhill, Hon. Joel T., a Representative in Congress from the State of Virginia, prepared statement.. Folsom, Hon. M. B., Secretary, Department of Health, Education, and Welfare, letter July 26, 1957, re report on H. R. 6638, to Hon. Graham A. Barden, chairman, House Committee on Education and Labor, and a Representative in Congress from the State of North H. R. 6683, 85th Congress, 1st session, a bill to provide for the ad- mission and treatment of mental patients from northern Virginia Kassabian, Mrs. Alice, Annandale, Va., Virginia Conference of Social Massey, Carlton C., Fairfax, Va.. Reicher, Frieda, Foundation for Community Aid to Mental Patients, ST. ELIZABETHS HOSPITAL THURSDAY, AUGUST 1, 1957 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON SPECIAL EDUCATION OF THE Washington, D. C. The subcommittee met, pursuant to call, at 9:47 a. m., in room 356, Mr. ELLIOTT. The Subcommittee on Special Education will hear estimony today on H. R. 6638, a bill introduced by Representative royhill, of Virginia, which provides for the admission and treatment mental patients from northern Virginia at St. Elizabeths Hospital. Without objection, H. R. 6638 will be made a part of the record this point. (H. R. 6638 reads as follows:) [H. R. 6638, 85th Cong., 1st sess.] A BILL To provide for the admission and treatment of mental patients from northern Virginia at Saint Elizabeths Hospital Be it enacted by the Senate and House of Representatives of the United States of merican in Congress assembled, That (a) the Superintendent of Saint Elizabeths ospital (hereafter referred to as the "Superintendent") may receive at Saint lizabeths Hospital as a boarder and patient any adult person who appears to he Superintendent to be in need of mental care and treatment in a mental ospital, and who makes written application therefor and who is determined by e Superintendent to be mentally competent to make such application; and any erson, under the age of twenty-one years, who appears to the Superintendent to e in need of mental care and treatment in a mental hospital, and whose parent, gal guardian, or other legal representative makes written application on behalf such minor. No such person shall be received as a boarder and patient in int Elizabeths Hospital under authority of this section unless the certification rovided for in subsection (b) of this section shall have been made with respect him. No person shall be permitted to remain in such hospital as boarder and atient after the need for his treatment at a mertal hospital has ceased. No erson shall be permitted to remain in such hospital as a boarder and patient after e Superintendent or his authorized representative has been notified that the ertification provided for in subsection (b) has been revoked. (b) Upon request therefor by the Superintendent, the appropriate agency for blic welfare of the county of Arlington, of the county of Fairfax, of the city of alls Church, and of the city of Alexandria, Virginia, shall certify to the Supertendent that such agency will reimburse Saint Elizabeths Hospital for the cost the care for such person as provided in section 3 of this Act, if such agency ids that any person with respect to whom an application described in subsecon (a) has been made is eligible for such assistance under the laws of the State Virginia and of the jurisdiction within which he resides, except that if such ency finds that such person, or any other person legally responsible for his re, is able to pay all or any part of such care, the agency shall not be required make a certification unless pursuant to section 3, it has made an agreement tisfactory to it for payment to the jurisdiction which it represents of the cost such care or such part of such cost. SEC. 2. Any person received at Saint Elizabeths Hospital for mental care and treatment under the first section of this Act shall not be detained there more than three days after having given written notice to the Superintendent thereof requesting his release or, in the case of any such person who is under the age of twentyone years, more than three days after he or his parents, legal guardian, or other legal representative gives such notice. If within such three-day period there she be filed in the United States District Court for the Eastern District of Virginis a petition with respect to such person, filed in accordance with the laws of the State of Virginia with respect to proceedings for determining the sanity of ary person, or if an authorized representative of the appropriate agency for pubbe welfare referred to in subsection (b) of the first section of this Act for the jurisdie tion within which such person resides, shall within such three-day period file in the United States District Court for the Eastern District of Virginia, an appro priate petition under the laws of the State of Virginia for an order of commitment. accompanied by a notice signed by the Superintendent or his authorized representative stating that in his opinion such person is of unsound mind and should not be allowed to remain at liberty or go unrestrained, alleging upon information and belief that such person is of unsound mind and should not be allowed to remain at liberty or go unrestrained, such person shall be detained by the Superintendent until such court enters final judgment upon such petition. SEC. 3. (a) Cost of board, medical care, and treatment furnished under the first section and section 2 of this Act shall be a charge upon the jurisdiction withi which such patient resides, and shall be paid by such jurisdiction to Saint Elisbeths Hospital. The appropriate officer for such jurisdiction may make suct agreement as he deems necessary under the laws of the State of Virginia and such jurisdiction, with any patient seeking board, medical care, and treatment, under this Act, or any other person or persons legally responsible therefor, for payment to such jurisdiction of the cost of such board, medical care, and treatment, or f the payment of a part of such cost. (b) Such jurisdiction shall not be charged with the cost of board, medical care. and treatment furnished for any boarder and patient with respect to whom th certification required in the first section of this Act shall have been revoked by the appropriate agency for public welfare for such jurisdiction. Such agency 2 authorized to order revocation of any such certification: (1) whenever any perso fails to make any payment under any agreement entered into in accordance with this section for the cost of board, medical care, and treatment; or (2) whenever. after a boarder and patient has been admitted to such hospital under a certif tion, without any agreement having been entered into for his care and treatmet, such department or agency determines, upon evidence satisfactory to it, that su boarder and patient is able, or other persons legally liable for his care are financia able, to bear all or part of such cost, and such an agreement cannot be made; (3) when such certification has been made erroneously. Revocation of str certification shall not take effect until a copy of the order of revocation shall bart been served upon the Superintendent or his authorized representative. SEC. 4. The Superintendent, with the approval of the Secretary of Healt Education, and Welfare, is authorized to prescribe such regulations as he sha deem necessary to carry out the provisions of this Act relating to the hospital SEC. 5. Any officer or employee of the government of Arlington or Fairf Counties or the governments of the cities of Falls Church or Alexandria, Virginia who is authorized and empowered to apprehend and detain any person who a believed to be of unsound mind, is further authorized and empowered, if se person is a resident of either of such counties or either of such cities, to take Fu person to Saint Elizabeths Hospital, and the Superintendent is authorized detain such person for a period not to exceed seventy-two hours, pending a hear before the United States District Court for the Eastern District of Virginis before a United States commissioner designated by such court to hold such hearing. Such court and any such commissioner so designated shall have jur diction and authority to commit any such person to Saint Elizabeths Hospit for observation, diagnosis, and treatment whom it believes to be of unsound met Such commitment to Saint Elizabeths Hospital shall be made only after a hear before such court or commissioner upon testimony under oath of at least ** persons that it is their belief that such person is of unsound mind and, in addit upon testimony under oath or affidavit of two physicians, at least one of whom skilled in the treatment and diagnosis of nervous and mental disorders, who st testify or certify in writing that they have examined such person alleged to be unsound mind and believe such person to be of unsound mind and not fit to re at liberty and go unrestrained, and that such person should be in custody i hospital for the treatment of mental or nervous disorders for his own safety a |