§10821 — Title 42 The Public Health and Welfare | U.S. Code

Summary

To get a federal allotment, a system must send an application to the Secretary. The application must promise that the federal money will add to, not replace, the State’s non‑Federal funds for protecting and advocating for people with mental illness. It must promise the system will have staff trained or training to provide advocacy and to work with family members when appropriate. It must promise not to duplicate actions already taken by a person’s private guardian or representative unless that guardian asks for help. It must also include any other information the Secretary requires. Training can be given by people who have used mental health services and by their family members. Applications and these promises stay in effect for 4 years.

Title 42, §10821

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

(a)No allotment may be made under this subchapter to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain—

(1)assurances that amounts paid to such system from an allotment under this subchapter will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of individuals with mental illness;

(2)assurances that such system will have a staff which is trained or being trained to provide advocacy services to individuals with mental illness and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members;

(3)assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 10804(a) of this title, will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and

(4)such other information as the Secretary may by regulation prescribe.

(b)The assurance required under subsection (a)(2) regarding trained staff may be satisfied through the provision of training by individuals who have received or are receiving mental health services and family members of such individuals.

(c)Applications submitted under this section shall remain in effect for a 4-year period, and the assurances required under this section shall be for the same 4-year period.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (c). Pub. L. 102–321 substituted “4-year” for “3-year” in two places. 1991—Subsec. (a)(1). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”. Subsec. (a)(2). Pub. L. 102–173, §§ 7(1), 10(2), substituted “individuals with mental illness” for “mentally ill individuals” and inserted before semicolon at end “and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members”. Subsecs. (b), (c). Pub. L. 102–173, § 7(2), (3) added subsec. (b) and redesignated former subsec. (b) as (c). 1988—Pub. L. 100–509 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.

§10821 Applications