Page:United States Statutes at Large Volume 60 Part 1.djvu/947

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PUBLIC LAWS-CH. 8n7-AUG. 8 , 1946 Hearing. Minors. Examination and diagnosis. Discharge from In- stitution, etc. Detention for quar. antine, etc. Application for dis- charge. of Columbia, or unless such detained person shall stipulate in writing that the order be continued in force and effect. Such order shall be continued in force and effect if it shall appear to said judge by affidavit that the probable cause, required by section 3, exists. If the judge continue in force and effect the order of the Health Officer, the judge at that time shall set a date for a hearing upon the question of whether the person detained is at the time of such hearing affected with any communicable disease or is a carrier of communicable disease and, if so affected, upon the further question whether his release would be likely to endanger the lives or health of any other person. If such person be not sooner discharged such hearing shall be had within ten days of the date of the order of the court continuing in force and effect the order of the Health Officer unless such hearing be con- tinued by the court, or unless the detained person shall, in writing, waive such hearing, which waiver shall be filed with the court. Such hearing shall be in or out of the presence of the detained person, in the discretion of the court. If, after such hearing, the court shall find that the detained person is not affected with any communicable disease and is not a carrier of communicable disease, or that the dis- charge of such person, even though affected with, or a carrier of, a communicable disease is not likely to endanger the lives or health of any other person the court shall order such detained person to be discharged, otherwise the court shall continue in force and effect the order of the Health Officer until such person be discharged in the man- ner set forth in section 5 of this Act. If a minor is detained pursuant to this section or section 7 hereof, or is found guilty and sentence is suspended as provided in section 10 hereof, and such minor is in need of treatment for the communicable disease with which he is affected or of which he is a carrier, the court is empowered to authorize the Health Officer to administer such treatment or cause the same to be administered. No person under eighteen years of age detained under sections 3, 4, 5, or 7, shall be detained in a room in which a person over that age is so detained. "SEC. 5. It shall be the duty of the Health Officer to make or cause to be made by a physician such examination or examinations of such person as may be necessary to determine the existence or nonexistence of such communicable disease in such person or whether such person is a carrier of communicable disease. The diagnosis resulting from such examination or examinations shall be reduced to writing and signed by such examining physician within ten days after the removal of such person to such place or institution and a copy thereof shall be filed in the office of the person in charge of such place or institution and a copy in the office of the Health Officer. If such diagnosis does not disclose that such person is affected with such communicable disease or that such person is a carrier of communicable disease, such person shall be discharged from such place or institution forth- with. If the diagnosis does disclose that such person is affected with such communicable disease or that such person is a carrier of communicable disease, the person in charge of the place or institution to which the infected person has been removed shall, subject to the provisions of section 4, detain such person for such reasonable time as may be fixed by regulation under the authority of this Act as is deemed necessary in the interest of public health and safety for the isolation, quarantine, and restriction of movement of persons affected by the particular communicable disease or of persons found to be carriers of the particular communicable disease, unless sooner dis- charged by the Health Officer or the municipal court. A person so detained, however, may apply at any time to the person in charge of such place or institution for his discharge, and the person in charge 920 [60 STAT.