§10804 — Title 42 The Public Health and Welfare | U.S. Code

Summary

A qualifying program can use its yearly grant to hire state agencies or nonprofits that work across the whole State to protect and speak up for people with mental illness. Those groups must be separate from any agency that provides treatment or services (except advocacy) and must be able to protect and advocate for people’s rights. The program should especially consider hiring groups run by people who have used mental health services or their family members. The program cannot spend more than 5 percent of its grant each year on administration, and no more than 10 percent on technical help and training. The program may also use funds to represent people with mental illness who are in Federal facilities if those people ask for help. Those representatives get the same rights and power as other representatives under State and Federal law. The law’s definition of “individual with a mental illness” applies only when the total yearly funding under this part is $30,000,000 or more. If that amount is reached, the program must give priority to certain groups of people with mental illness listed elsewhere in the law.

Title 42, §10804

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

(a)(1)An eligible system may use its allotment under this subchapter to enter into contracts with State agencies and nonprofit organizations which operate throughout the State. In order to be eligible for a contract under this paragraph—

(A)such an agency shall be independent of any agency which provides treatment or services (other than advocacy services) to individuals with mental illness; and

(B)such an agency or organization shall have the capacity to protect and advocate the rights of individuals with mental illness.

(2)In carrying out paragraph (1), an eligible system should consider entering into contracts with organizations including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which,11 So in original. The comma probably should not appear. provide protection or advocacy services to individuals with mental illness.

(b)(1)If an eligible system is a public entity, the government of the State in which the system is located may not require the system to obligate more than 5 percent of its allotment under this subchapter in any fiscal year for administrative expenses.

(2)An eligible system may not use more than 10 percent of any allotment under this subchapter for any fiscal year for the costs of providing technical assistance and training to carry out this subchapter.

(c)An eligible system may use its allotment under this subchapter to provide representation to individuals with mental illness in Federal facilities who request representation by the eligible system. Representatives of such individuals from such system shall be accorded all the rights and authority accorded to other representatives of residents of such facilities pursuant to State law and other Federal laws.

(d)The definition of “individual with a mental illness” contained in section 10802(4)(B)(iii) 22 See References in Text note below. of this title shall apply, and thus an eligible system may use its allotment under this subchapter to provide representation to such individuals, only if the total allotment under this subchapter for any fiscal year is $30,000,000 or more, and in such case, an eligible system must give priority to representing persons with mental illness as defined in subparagraphs (A) and (B)(i) of section 10802(4) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 10802(4)(B)(iii) of this title, referred to in subsec. (d), was redesignated section 10802(4)(B)(i)(III) of this title by Pub. L. 106–310, div. B, title XXXII, § 3206(b)(1)(B)(i), (ii), Oct. 17, 2000, 114 Stat. 1194.

Amendments

2000—Subsec. (d). Pub. L. 106–310 added subsec. (d). 1991—Subsec. (a). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places. Subsec. (c). Pub. L. 102–173, § 5, added subsec. (c). 1988—Subsec. (a)(2). Pub. L. 100–509, § 7(a), substituted “including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which” for “which, on May 23, 1986”. Subsec. (b)(2). Pub. L. 100–509, § 7(b)(1), substituted “10” for “5”.

§10804 Use of allotments