Title 42 — The Public Health and WelfareRelease 119-73
§10807 Legal actions
Title 42 › Chapter CHAPTER 114— - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS › Subchapter SUBCHAPTER I— - PROTECTION AND ADVOCACY SYSTEMS › Part Part A— - Establishment of Systems › § 10807
Summary
An eligible system, or a State agency or nonprofit contracted under section 10804(a), must first use all available administrative steps in a timely way before suing in federal or state court for a person with mental illness. But to stop imminent serious harm, they may go to court immediately.
Full Legal Text
Title 42, §10807
The Public Health and Welfare — Source: USLM XML via OLRC
(a)Prior to instituting any legal action in a Federal or State court on behalf of a 11 So in original. Probably should be “an”. individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804(a) of this title, shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action.
(b)Subsection (a) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1991—Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b).
Reference
Citations & Metadata
Citation
42 U.S.C. § 10807
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73