§10801 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Requires protecting the rights of people with mental illness and helping states set up and run protection and advocacy programs for them. Congress found that people with mental illness are at risk of abuse and neglect (for example, not getting treatment, food, clothing, health care, or proper discharge). Families often act as important advocates when the person is a minor, when the person is capable and asks for family help, or when family members are legal guardians. The programs must enforce the Constitution and federal and state laws and must investigate reported abuse or when there is good reason to think abuse or neglect happened.

Title 42, §10801

The Public Health and Welfare — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 99–319, May 23, 1986, 100 Stat. 478, which is classified principally to this chapter. For complete classification of this Act to the Code, see

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note below and Tables.

Amendments

1991—Subsec. (a). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places. 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 “individuals with mental illness” for “mentally ill individuals” in three places.

Statutory Notes and Related Subsidiaries

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of 1991 Amendment Pub. L. 102–173, § 1, Nov. 27, 1991, 105 Stat. 1217, provided that: “This Act [amending this section and sections 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

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Act of 1991’.”

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of 1988 Amendment Pub. L. 100–509, § 1, Oct. 20, 1988, 102 Stat. 2543, provided that: “This Act [amending section 10802, 10804 to 10806, 10821, 10822, 10825, and 10827 of this title and enacting a provision set out as a note under section 10827 of this title] may be cited as the ‘Protection and Advocacy for Mentally Ill Individuals

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Act of 1988’.”

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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

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note above] shall not be construed as superseding any of the balanced budget provisions set forth in section 3(7) of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 622(7)].”

§10801 Congressional findings and statement of purpose

Summary

Title 42, §10801

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Statutory Notes and Related Subsidiaries

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Amendments

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