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42 U.S.C. § 15041 — Purpose
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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Source file: Laws/federal/codes/united-states-code/title-42/section-15041-purpose--f88648632e.md
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Source location: Title 42, Chapter 144, § 15041; chapter-144-developmental-disabilities-assistance-and-bill-of-rights.md
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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) Purpose** The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys.
**(b) Definitions** In this section:
(1) **Civil legal assistance attorney** — The term “civil legal assistance attorney” means an attorney who—
(A) is a full-time employee of—
(i) a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee; or
(ii) a protection and advocacy system or client assistance program that provides legal assistance with respect to civil matters and receives funding under—
(I) subtitle C of title I 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.);
(II) section 732 or 794e of title 29;
(III) part A of title I of the Protection and Advocacy for Individuals with Mental Illness Act ([42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10801&num=0&edition=prelim) et seq.);
(IV) [section 3004 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3004&num=0&edition=prelim);
(V) [section 1320b–21 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–21&num=0&edition=prelim);
(VI) [section 300d–53 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300d–53&num=0&edition=prelim); or
(VII) [section 21061 of title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21061&num=0&edition=prelim);
(B) as such employee, provides civil legal assista
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1078–12
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Adult service program** — The term “adult service program” means a program that provides services to, or is otherwise substantially involved with the major life functions of, individuals with disabilities. Such term includes—
(A) a program providing residential, supportive, or employment-related services, to individuals with disabilities;
(B) a program carried out by a center for independent living, such as a center described in part C of title VII of the Rehabilitation Act of 1973 ([29 U.S.C. 796f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f&num=0&edition=prelim) et seq.);
(C) a program carried out by an employment support agency connected to adult vocational rehabilitation, such as a one-stop partner, as defined in [section 3102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3102&num=0&edition=prelim); and
(D) a program carried out by another organization or vender licensed or registered by the designated State agency, as defined in section 7 of the Rehabilitation Act of 1973 ([29 U.S.C. 705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section705&num=0&edition=prelim)).
(2) **American Indian consortium** — The term “American Indian consortium” means an entity that is an American Indian Consortium (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ([42 U.S.C. 15002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim))), and that is established to provide protection and advocacy services for purposes of receiving funding under subtitle C of title I of such Act ([42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3002
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants**
(1) **In general** — The Secretary shall make grants under subsection (b) to protection and advocacy systems in each State for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices or assistive technology services for individuals with disabilities.
(2) **General authorities** — In providing the assistance described under paragraph (1), protection and advocacy systems shall have the same general authorities as the systems are afforded under subtitle C of title I 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.).
**(b) Reservation; distribution**
(1) **Reservation** — For each fiscal year, the Secretary shall reserve, from the amounts made available to carry out this section under [section 3008(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3008/b/2/B&num=0&edition=prelim), such sums as may be necessary to carry out paragraph (4).
(2) **Population basis** — From the amounts appropriated to carry out this section for a fiscal year that remain after the reservation required under paragraph (1) has been made, the Secretary shall make a grant to a protection and advocacy system within each State in an amount bearing the same ratio to the remaining amounts as the population of the State bears to the population of all States.
(3) **Minimums** — Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection and advocacy system under paragraph (2) for a fiscal year shall—
(A) in the case of a protection and advocacy system located in Amer
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3004
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of grant program** From funds appropriated under subsection (h), the Secretary shall, in accordance with this section, make grants to States to establish and carry out client assistance programs to provide assistance in informing and advising all clients and client applicants of all available benefits under this chapter, including under sections 733 and 794g of this title, and, upon request of such clients or client applicants, to assist and advocate for such clients or applicants in their relationships with projects, programs, and services provided under this chapter, including assistance and advocacy in pursuing legal, administrative, or other appropriate remedies to ensure the protection of the rights of such individuals under this chapter and to facilitate access to the services funded under this chapter through individual and systemic advocacy. The client assistance program shall provide information on the available services and benefits under this chapter and title I of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12111](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim) et seq.) to individuals with disabilities in the State, especially with regard to individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs. In providing assistance and advocacy under this subsection with respect to services under this subchapter, a client assistance program may provide the assistance and advocacy with respect to services that are directly related to facilitating the employment of the individual.
**(b) Existence of State program as requisite to receiving payments** No State may receive payments from its allotment under this chapter in a
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 780a
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 796d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Plan Required.—** The Secretary shall, for each individual who is a veteran or member of the Armed Forces who receives inpatient or outpatient rehabilitative hospital care or medical services provided by the Department for a traumatic brain injury—
(1) develop an individualized plan for the rehabilitation and reintegration of the individual into the community with the goal of maximizing the individual’s independence; and
(2) provide such plan in writing to the individual—
(A) in the case of an individual receiving inpatient care, before the individual is discharged from inpatient care or after the individual’s transition from serving on active duty as a member of the Armed Forces to receiving outpatient care provided by the Department; or
(B) as soon as practicable following a diagnosis of traumatic brain injury by a Department health care provider.
**(b) Contents of Plan.—** Each plan developed under subsection (a) shall include, for the individual covered by such plan, the following:
(1) Rehabilitation objectives for improving (and sustaining improvement in) the physical, cognitive, behavioral, and vocational functioning of the individual with the goal of maximizing the independence and reintegration of such individual into the community.
(2) Access, as warranted, to all appropriate rehabilitative services and rehabilitative components of the traumatic brain injury continuum of care, and where appropriate, to long-term care services.
(3) A description of specific rehabilitative services and other services to achieve the objectives described in paragraph (1), which shall set forth the type, frequency, duration, and location of such services.
(4) The name of the case manager designated in accordance with subsection (d) to be responsible for the implem
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1710C
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Nursing facility” defined** In this subchapter, the term “nursing facility” means an institution (or a distinct part of an institution) which—
(1) is primarily engaged in providing to residents—
(A) skilled nursing care and related services for residents who require medical or nursing care,
(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons, or
(C) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities,
and is not primarily for the care and treatment of mental diseases;
(2) has in effect a transfer agreement (meeting the requirements of section 1395x(l) of this title) with one or more hospitals having agreements in effect under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim); and
(3) meets the requirements for a nursing facility described in subsections (b), (c), and (d) of this section.
Such term also includes any facility which is located in a State on an Indian reservation and is certified by the Secretary as meeting the requirements of paragraph (1) and subsections (b), (c), and (d).
**(b) Requirements relating to provision of services**
(1) **Quality of life**
(A) *In general* — A nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.
(B) *Quality assessment and assurance* — A nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396r
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Community supported living arrangements services** In this subchapter, the term “community supported living arrangements services” means one or more of the following services meeting the requirements of subsection (h) provided in a State eligible to provide services under this section (as defined in subsection (d)) to assist a developmentally disabled individual (as defined in subsection (b)) in activities of daily living necessary to permit such individual to live in the individual’s own home, apartment, family home, or rental unit furnished in a community supported living arrangement setting:
(1) Personal assistance.
(2) Training and habilitation services (necessary to assist the individual in achieving increased integration, independence and productivity).
(3) 24-hour emergency assistance (as defined by the Secretary).
(4) Assistive technology.
(5) Adaptive equipment.
(6) Other services (as approved by the Secretary, except those services described in subsection (g)).
(7) Support services necessary to aid an individual to participate in community activities.
**(b) “Developmentally disabled individual” defined** In this subchapter the term,11 So in original. The comma probably should precede “the term”. “developmentally disabled individual” means an individual who as defined by the Secretary is described within the term “mental retardation and related conditions” as defined in regulations as in effect on July 1, 1990, and who is residing with the individual’s family or legal guardian in such individual’s own home in which no more than 3 other recipients of services under this section are residing and without regard to whether or not such individual is at risk of institutionalization (as defined by the Secretary).
**(c) Criteria for selection of particip
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396u
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to [section 14402(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14402/b&num=0&edition=prelim) (relating to construction and treatment of certain services), no funds appropriated by Congress may be used to assist in, to support, or to fund any activity or service which has a purpose of assisting in, or to bring suit or provide any other form of legal assistance for the purpose of—
(1) securing or funding any item, benefit, program, or service furnished for the purpose of causing, or the purpose of assisting in causing, the suicide, euthanasia, or mercy killing of any individual;
(2) compelling any person, institution, governmental entity 11 So in original. Probably should be “or governmental entity”. to provide or fund any item, benefit, program, or service for such purpose; or
(3) asserting or advocating a legal right to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual.
**(b) List of programs to which restrictions apply**
(1) **In general** — Subsection (a) applies to funds appropriated under or to carry out the following:
(A) *Protection and advocacy systems under the Developmental Disabilities Assistance and Bill of Rights Act of 2000* — 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.].
(B) *Protection and advocacy systems under the Protection and Advocacy for Mentally Ill Individuals Act* — The Protection and Advocacy for Mentally Ill Individuals Act of 1986 22 See References in Text note below. [[42 U.S.C. 10801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14404
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