[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: 38CFR14.701]

[Page 596-597]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec. 14.701  Commitment and restoration proceedings.

    (a) State institutions. Regional Counsels are authorized to 
cooperate with State courts, including the production of required 
records in the commitment of veterans to State hospitals or in their 
restoration to full civil rights.
    (b) Department of Veterans Affairs institutions--(1) Assistance to 
courts in commitment proceedings. The Regional Counsel will render 
assistance to the courts in cases involving the commitment of mentally 
ill veterans to the Department of Veterans Affairs. To this end, the 
Regional Counsel may:
    (i) Produce Department of Veterans Affairs records.
    (ii) Appear in court and present material facts.
    (iii) When authorized to institute commitment proceedings under 
paragraph (b)(2) of this section, prepare and present all necessary 
legal papers, and arrange and authorize transportation costs of veterans 
and attendants at Department of Veterans Affairs expense (Sec. Sec. 
14.703 and 14.704).
    (2) Commitment proceedings. If a mentally ill veteran will accept 
hospitalization voluntarily, no action will be initiated by any 
Department of Veterans Affairs employee to commit such veteran. If the 
veteran will not accept hospitalization, or after being voluntarily 
hospitalized by the Department of Veterans Affairs demands his or her 
release, and hospitalization is necessary for the veteran's safety or 
the safety of others, the Regional Counsel (if a relative of the veteran 
or other interested person has not done so) may institute proceedings to 
commit the veteran to the Department of Veterans Affairs subject to the 
following conditions:
    (i) That the written consent of the veteran's nearest relative has 
been obtained. If the nearest relative cannot be readily contacted or 
refuses to consent, coupled with inability or refusal to offer adequate 
alternative care, the Regional Counsel may initiate the action if the 
petition is signed by another relative, a civil official or 
representative of a cooperating agency or other person authorized by 
State law.

[[Page 597]]

    (ii) If timely action cannot be taken under paragraph (b)(2)(i) of 
this section, the Hospital or Clinic Director, or designee, may sign the 
petition if permissible under State law, and the Regional Counsel will 
then take any action necessary to bring the matter before the 
appropriate court.
    (3) Illegal commitment. When a hospitalized veteran, previously 
committed to the Department of Veterans Affairs, demands release and 
continued hospitalization is necessary for the veteran's safety or the 
safety of others, and the Regional Counsel determines the commitment to 
be illegal, immediate action will be taken to obtain a legal commitment.
    (4) Restoration proceedings. When a veteran has been a committed 
patient in a Department of Veterans Affairs hospital and is subsequently 
rated competent by the Department of Veterans Affairs, the Regional 
Counsel upon request, may institute proceedings necessary to restore the 
veteran to full civil rights.