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42 U.S.C. § 15044 — Administration

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15044 — Administration

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15044

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Stable record: federal_law:legal_authorities:record_usc_8746785a2ccf96eefee07dc7
Source file: Laws/federal/codes/united-states-code/title-42/section-15044-administration--a8c11d04d0.md
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Source location: Title 42, Chapter 144, § 15044; chapter-144-developmental-disabilities-assistance-and-bill-of-rights.md

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**(a) Governing board** In a State in which the system described in [section 15043 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15043&num=0&edition=prelim) is organized as a private nonprofit entity with a multimember governing board, or a public system with a multimember governing board, such governing board shall be selected according to the policies and procedures of the system, except that— (1) (A) the governing board shall be composed of members who broadly represent or are knowledgeable about the needs of the individuals served by the system; (B) a majority of the members of the board shall be— (i) individuals with disabilities, including individuals with developmental disabilities, who are eligible for services, or have received or are receiving services through the system; or (ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i); and (C) the board may include a representative of the State Council on Developmental Disabilities, the Centers in the State, and the self-advocacy organization described in [section 15024(c)(4)(A)(ii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15024/c/4/A/ii/I&num=0&edition=prelim); (2) not more than ⅓ of the members of the governing board may be appointed by the chief executive officer of the State involved, in the case of any State in which such officer has the authority to appoint members of the board; (3) the membership of the governing board shall be subject to term limits set by the system to ensure rotating membership; (4) any vacancy in the board shall be filled not later than 60 days after the date on which the vacancy occurs; and (5) in a State in which the system is organized as a public system without a multimember governing or advisory board, the system shall establish an advisory council— (A) that shall advise the system on policies and priorities to be carried out in protecting and advocating the rights of individuals with developmental disabilities; and (B) on which a majority of the members shall be— (i) individuals with developmental disabilities who are eligible for services, or have received or are receiving services, through the system; or (ii) parents, family members, guardians, advocates, or authorized representatives of individuals referred to in clause (i). **(b) Legal action** (1) **In general** — Nothing in this subchapter shall preclude a system from bringing a suit on behalf of individuals with developmental disabilities against a State, or an agency or instrumentality of a State. (2) **Use of amounts from judgment** — An amount received pursuant to a suit described in paragraph (1) through a court judgment may only be used by the system to further the purpose of this part and shall not be used to augment payments to legal contractors or to award personal bonuses. (3) **Limitation** — The system shall use assistance provided under this part in a manner consistent with [section 14404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14404&num=0&edition=prelim). **(c) Disclosure of information** For purposes of any periodic audit, report, or evaluation required under this part, the Secretary shall not require an entity carrying out a program to disclose the identity of, or any other personally identifiable information related to, any individual requesting assistance under such program. **(d) Public notice of Federal onsite review** The Secretary shall provide advance public notice of any Federal programmatic or administrative onsite review of a system conducted under this part and solicit public comment on the system through such notice. The Secretary shall prepare an onsite visit report containing the results of such review, which shall be distributed to the Governor of the State and to other interested public and private parties. The comments received in response to the public comment solicitation notice shall be included in the onsite visit report. **(e) Reports** Beginning in fiscal year 2002, each system established in a State pursuant to this part shall annually prepare and transmit to the Secretary a report that describes the activities, accomplishments, and expenditures of the system during the preceding fiscal year, including a description of the system’s goals, the extent to which the goals were achieved, barriers to their achievement, the process used to obtain public input, the nature of such input, and how such input was used.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14404 — Restriction on use of Federal funds by advocacy programs

**(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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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15043 — System required

**(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

42 U.S.C. § 15044 — Administration

Page 8684 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15044 specified for a State in this part, with regard to the consortium. (c) Record In this section, the term ‘‘record’’ includes— (1) a report prepared or received by any staff at any location at which services, supports, or other assistance is provided to individuals with developmental disabilities; (2) a report prepared by an agency or staff person charged with investigating reports of incidents of abuse or neglect, injury, or death occurring at such location, that describes such incidents and the steps taken to investigate such incidents; and (3) a discharge planning record. (Pub. L. 106–402, title I, § 143, Oct. 30, 2000, 114 Stat. 1714; Pub. L. 108–364, § 3(a)(3), Oct. 25, 2004, 118 Stat. 1736.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in subsec. (a)(2)(D)(ii), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 701 of Title 29 and Tables. The Older Americans Act of 1965, referred to in sub- sec. (a)(2)(D)(ii), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3001 of this title and Tables. The Protection and Advocacy for Mentally Ill Indi- viduals Act of 1986, referred to in subsec. (a)(2)(D)(ii), was Pub. L. 99–319, May 23, 1986, 100 Stat. 478. Pub. L. 99–319 was renamed the Protection and Advocacy for In- dividuals with Mental Illness Act by Pub. L. 106–310, div. B, title XXXII, § 3206(a), Oct. 17, 2000,

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15044

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