[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.518]

[Page 574-575]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.518  Litigation involving beneficiaries in custody of 

Department of Veterans Affairs employees acting in official 
capacity.

    (a) Service of process generally. An employee, at a field facility, 
served with a writ of habeas corpus involving a beneficiary of the 
Department of Veterans Affairs in the employee's custody will 
immediately notify the Regional Counsel of the region in addition to 
taking such steps as in his or her judgment are necessary for self 
protection.
    (b) Habeas corpus writs. (1) If a Director of a Department of 
Veterans Affairs hospital concerned advises that, according, to current 
medical opinion, hospitalization is necessary for the veteran's safety 
or the safety of others, the Regional Counsel will vigorously oppose the 
writ at the trial court level. If the writ is granted, no further action

[[Page 575]]

will be taken unless so instructed by the General Counsel.
    (2) If the medical opinion is that hospitalization is not required 
for the veteran's safety or the safety of others but continued treatment 
is clearly indicated in the veteran's interest, the Regional Counsel 
will assure that the court issuing the writ is so informed and will 
abide by the court's decision.
    (3) If the medical opinion is that there is no danger of self injury 
to the veteran or others and the need for continued treatment is not 
clearly demonstrated, the Regional Counsel will advise the Director of 
the hospital concerned that the veteran should be released and will 
notify the veteran's attorney of the planned discharge. These cases will 
be handled informally to the extent practicable.
    (4) Involuntary confinement of mentally ill patients in Department 
of Veterans Affairs installations is predicated upon the law of the 
State in which the installation is located. In the event the writ is 
filed in Federal Court, the Regional Counsel will cooperate with the 
U.S. Attorney to the end that the case is removed to the appropriate 
State court.

[42 FR 41411, Aug. 17, 1977, as amended at 61 FR 7216, Feb. 27, 1996]

                               Prosecution