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42 U.S.C. § 10801 — Congressional findings and statement of purpose
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) individuals with mental illness are vulnerable to abuse and serious injury;
(2) family members of individuals with mental illness play a crucial role in being advocates for the rights of individuals with mental illness where the individuals are minors, the individuals are legally competent and choose to involve the family members, and the individuals are legally incompetent and the legal guardians, conservators, or other legal representatives are members of the family;
(3) individuals with mental illness are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and
(4) State systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate.
**(b)** The purposes of this chapter are—
(1) to ensure that the rights of individuals with mental illness are protected; and
(2) to assist States to establish and operate a protection and advocacy system for individuals with mental illness which will—
(A) protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes; and
(B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10801
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Stable record: federal_law:legal_authorities:record_usc_632c173e396d30871cc2c849
Source file: Laws/federal/codes/united-states-code/title-42/section-10801-congressional-findings-and-statement-of-purpose--0bb6ec375e.md
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Source location: Title 42, Chapter 114, § 10801; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
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**(a)** The Congress finds that—
(1) individuals with mental illness are vulnerable to abuse and serious injury;
(2) family members of individuals with mental illness play a crucial role in being advocates for the rights of individuals with mental illness where the individuals are minors, the individuals are legally competent and choose to involve the family members, and the individuals are legally incompetent and the legal guardians, conservators, or other legal representatives are members of the family;
(3) individuals with mental illness are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and
(4) State systems for monitoring compliance with respect to the rights of individuals with mental illness vary widely and are frequently inadequate.
**(b)** The purposes of this chapter are—
(1) to ensure that the rights of individuals with mental illness are protected; and
(2) to assist States to establish and operate a protection and advocacy system for individuals with mental illness which will—
(A) protect and advocate the rights of such individuals through activities to ensure the enforcement of the Constitution and Federal and State statutes; and
(B) investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; priorities** Subject to available appropriations, the Secretary, acting through the National Institute of Mental Health, the National Institutes of Health, and the Administration on Aging, shall promote the establishment of family support groups to provide, without charge, educational, emotional, and practical support to assist individuals with Alzheimer’s disease or a related memory disorder and members of the families of such individuals. In promoting the establishment of such groups, the Secretary shall give priority to—
(1) university medical centers and other appropriate health care facilities which receive Federal funds from the Secretary and which conduct research on Alzheimer’s disease or provide services to individuals with such disease; and
(2) community-based programs which receive funds from the Secretary, acting through the Administration on Aging.
**(b) National network to coordinate groups** The Secretary shall promote the establishment of a national network to coordinate the family support groups described in subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247a
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated for allotments under this subchapter, $19,500,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 2003.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10827
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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) 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) “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) 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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) System required** In order for a State to receive an allotment under part B or this part—
(1) the State shall have in effect a system to protect and advocate the rights of individuals with developmental disabilities;
(2) such system shall—
(A) have the authority to—
(i) pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State who are or who may be eligible for treatment, services, or habilitation, or who are being considered for a change in living arrangements, with particular attention to members of ethnic and racial minority groups; and
(ii) provide information on and referral to programs and services addressing the needs of individuals with developmental disabilities;
(B) have the authority to investigate incidents of abuse and neglect of individuals with developmental disabilities if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred;
(C) on an annual basis, develop, submit to the Secretary, and take action with regard to goals (each of which is related to 1 or more areas of emphasis) and priorities, developed through data driven strategic planning, for the system’s activities;
(D) on an annual basis, provide to the public, including individuals with developmental disabilities attributable to either physical impairment, mental impairment, or a combination of physical and mental impairment, and their representatives, and as appropriate, non-State agency representatives of the State Councils on Developmental Disabilities, and Centers, in the State, an opportunity to comment on—
(i) the goals and priorities established by the system and the rationale for the establi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15043
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established in the Administration a Center for Mental Health Services (hereafter in this section referred to as the “Center”). The Center shall be headed by a Director (hereafter in this section referred to as the “Director”) appointed by the Secretary from among individuals with extensive experience or academic qualifications in the provision of mental health services or in the evaluation of mental health service systems.
**(b) Duties** The Director of the Center shall—
(1) design national goals and establish national priorities for—
(A) the prevention of mental illness; and
(B) the promotion of mental health;
(2) encourage and assist local entities and State agencies to achieve the goals and priorities described in paragraph (1);
(3) collaborate with the Director of the National Institute of Mental Health and the Chief Medical Officer, appointed under [section 290aa(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290aa/g&num=0&edition=prelim), to ensure that, as appropriate, programs related to the prevention and treatment of mental illness and the promotion of mental health and recovery support are carried out in a manner that reflects the best available science and evidence-based practices, including culturally and linguistically appropriate services, as appropriate;
(4) collaborate with the Department of Education and the Department of Justice to develop programs to assist local communities in addressing violence among children and adolescents;
(5) develop and coordinate Federal prevention policies and programs and to assure increased focus on the prevention of mental illness and the promotion of mental health, including through programs that reduce risk and promote resiliency;
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290bb–31
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each facility to which 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.] applies shall notify the appropriate agency, as determined by the Secretary, of each death that occurs at each such facility while a patient is restrained or in seclusion, of each death occurring within 24 hours after the patient has been removed from restraints and seclusion, or where it is reasonable to assume that a patient’s death is a result of such seclusion or restraint. A notification under this section shall include the name of the resident and shall be provided not later than 7 days after the date of the death of the individual involved.
**(b) Facility** In this section, the term “facility” has the meaning given the term “facilities” in section 102(3) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1 ([42 U.S.C. 10802(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10802/3&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290ii–1
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