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42 U.S.C. § 10802 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 11 So in original. Probably should be “an”. individual with mental illness, and includes acts such as—
(A) the rape or sexual assault of a 1 individual with mental illness;
(B) the striking of a 1 individual with mental illness;
(C) the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and
(D) the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.
(2) The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.].
(3) The term “facilities” may include, but need not be limited to, hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons.
(4) The term “individual with mental illness” means, except as provided in [section 10804(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10804/d&num=0&edition=prelim), an individual—
(A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and
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Source file: Laws/federal/codes/united-states-code/title-42/section-10802-definitions--74944c73fc.md
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Source location: Title 42, Chapter 114, § 10802; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
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For purposes of this subchapter:
(1) The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 11 So in original. Probably should be “an”. individual with mental illness, and includes acts such as—
(A) the rape or sexual assault of a 1 individual with mental illness;
(B) the striking of a 1 individual with mental illness;
(C) the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and
(D) the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.
(2) The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.].
(3) The term “facilities” may include, but need not be limited to, hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons.
(4) The term “individual with mental illness” means, except as provided in [section 10804(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10804/d&num=0&edition=prelim), an individual—
(A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and
(B)
(i)
(I) who is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of such inpatient or resident are unknown;
(II) who is in the process of being admitted to a facility rendering care or treatment, including persons being transported to such a facility; or”; 22 So in original.
(III) who is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense; or
(ii) who satisfies the requirements of subparagraph (A) and lives in a community setting, including their own home.
(5) The term “neglect” means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment which caused or may have caused injury or death to a 1 individual with mental illness or which placed a 1 individual with mental illness at risk of injury or death, and includes an act or omission such as the failure to establish or carry out an appropriate individual program plan or treatment plan for a 1 individual with mental illness, the failure to provide adequate nutrition, clothing, or health care to a 1 individual with mental illness, or the failure to provide a safe environment for a 1 individual with mental illness, including the failure to maintain adequate numbers of appropriately trained staff.
(6) The term “Secretary” means the Secretary of Health and Human Services.
(7) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
(8) The term “American Indian consortium” means a consortium established under part C of the Developmental Disabilities Assistance and Bill of Rights Act 33 See References in Text note below. ([42 U.S.C. 6042](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6042&num=0&edition=prelim) et seq.).
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society;
(2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population;
(3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely;
(4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim));
(5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights;
(6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved;
(7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize.
**(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose and construction**
(1) **Purpose** — The purpose of this section is to support a system in each State to protect the legal and human rights of individuals with disabilities who—
(A) need services that are beyond the scope of services authorized to be provided by the client assistance program under [section 732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section732&num=0&edition=prelim); and
(B)
(i) are ineligible for protection and advocacy programs under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.] because the individuals do not have a developmental disability, as defined in section 102 of such Act [[42 U.S.C. 15002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim)]; and
(ii) are ineligible for services under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 11 See References in Text note below. ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.) because the individuals are not individuals with mental illness, as defined in section 102 of such Act ([42 U.S.C. 10802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10802&num=0&edition=prelim)).
(2) **Construction** — This section shall not be construed to require the provision of protection and advocacy services that can be provided under the Assistive Technology Act of 1998 [[29 U.S.C. 3001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3001&num=0&edition=prelim) et seq.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8083
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 10802
1 So in original. Probably should be ‘‘an’’.
2 So in original.
3 See References in Text note below.
Subsec. (a)(2) to (4). Pub. L. 102–173, § 3, added par. (2)
and redesignated former pars. (2) and (3) as (3) and (4),
respectively.
Subsec. (b). Pub. L. 102–173, § 10(2), substituted ‘‘indi-
viduals with mental illness’’ for ‘‘mentally ill individ-
uals’’ in three places.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102–173, § 1, Nov. 27, 1991, 105 Stat. 1217, pro-
vided that: ‘‘This Act [amending this section and sec-
tions 10802 to 10807, 10821, 10824, 10826, 10827, 10841, and
10851 of this title] may be cited as the ‘Protection and
Advocacy for Mentally Ill Individuals Amendments Act
of 1991’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–509, § 1, Oct. 20, 1988, 102 Stat. 2543, pro-
vided that: ‘‘This Act [amending sections 10802, 10804 to
10806, 10821, 10822, 10825, and 10827 of this title and en-
acting a provision set out as a note under section 10827
of this title] may be cited as the ‘Protection and Advo-
cacy for Mentally Ill Individuals Amendments Act of
1988’.’’
SHORT TITLE
Pub. L. 99–319, § 1, May 23, 1986, 100 Stat. 478, as
amended by Pub. L. 106–310, div. B, title XXXII,
§ 3206(a), Oct. 17, 2000, 114 Stat. 1193, provided that:
‘‘This Act [enacting this chapter and section 247a of
this title and enacting provisions set out as a note
below] may be cited as the ‘Protection and Advocacy
for Individuals with Mental Illness Act’.’’
SUPERSEDURE OF BALANCED BUDGET PROVISIONS
Pub. L. 99–319, title IV, § 402, May 23, 1986, 100 Stat.
490, provided that: ‘‘This Act [see Short Title note
above] shall not be construed as superseding any of the
balanced budge
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 10802
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Federal law — U.S. Code and appendices · legal_authorities
Page 8681
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15042
court the record of the proceedings on which the
Secretary based the action, as provided in sec-
tion 2112 of title 28.
(c) Jurisdiction
Upon the filing of the petition, the court shall
have jurisdiction to affirm the action of the Sec-
retary or to set the action aside, in whole or in
part, temporarily or permanently. Until the fil-
ing of the record, the Secretary may modify or
set aside the order of the Secretary relating to
the action.
(d) Findings and remand
The findings of the Secretary about the facts,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case involved to the Secretary
for further proceedings to take further evidence.
On remand, the Secretary may make new or
modified findings of fact and may modify the
previous action of the Secretary, and shall file
with the court the record of the further pro-
ceedings. Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
(e) Finality
The judgment of the court affirming or setting
aside, in whole or in part, any action of the Sec-
retary shall be final, subject to review by the
Supreme Court of the United States upon certio-
rari or certification as provided in section 1254
of title 28.
(f) Effect
The commencement of proceedings under this
section shall not, unless so specifically ordered
by a court, operate as a stay of the Secretary’s
action.
(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114
Stat. 1711.)
§ 15029. Authorization of appropriations
(a) Funding for State allotments
Except as described in subsection (b), there are
authorized to be appropriated for allotments
under section 15022 of this title $76,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041
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