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Establishment And Maintenance

In the absence of constitutional restrictions, the state is permitted to fulfill its obligation to aid or support individuals in need of care by contributions to care facilities established or maintained by political subdivisions and private charity. In addition, the state may inaugurate a state asylum, delegating the management responsibility thereof to a private corporation. Some authorities view contributions to asylums of religious organizations or private enterprises as violative of constitutional prohibitions of government aid to parochial institutions or individuals. Express exceptions can be made by state statute or constitution for the payment of funds for designated purposes to specific types of asylums. In situations that are embraced by such exceptions, the contribution that the state makes to the maintenance of the asylum is not regarded as a charity but as part of the state's duty to aid its citizens who cannot do so themselves.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Approximation of laws to AutopsyAsylums - Establishment And Maintenance, Public Asylums Ownership And Status, Inmates, Patients, And Residents, Contracts For Care And Occupancy - Officers and Employees