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

Summary

An eligible system can use its allotment to hire state agencies or nonprofit groups that work statewide to protect and speak up for people with mental illness. Those agencies must be separate from any group that provides treatment or services (except advocacy) and must be able to protect and advocate for people’s rights. The system should consider hiring groups run by people who have used mental health services or their family members. If the system is a public agency, the state cannot force it to spend more than 5 percent of its yearly allotment on administrative costs. The system itself cannot spend more than 10 percent of any yearly allotment on training and technical help. The system can also use funds to represent people with mental illness in Federal facilities if those people ask for help. When it does, its representatives get the same rights and authority as other resident representatives under state and federal law. The special definition of “individual with a mental illness” in section 10802(4)(B)(iii) applies, but the system may represent those people only if the total yearly allotment under this subchapter is $30,000,000 or more. If that amount is met, the system must give priority to the groups named in section 10802(4)(A) and (B)(i).

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