Title 42 — The Public Health and WelfareRelease 119-73not60

§10807 Legal Actions

Title 42 › Chapter 114— PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS › Subchapter I— PROTECTION AND ADVOCACY SYSTEMS › Part A— Establishment of Systems › § 10807

Last updated Apr 5, 2026|Official source

Summary

Before filing a lawsuit in Federal or State court for a person with mental illness, an eligible system, or a State agency or nonprofit with a contract under section 10804(a) must first use all appropriate administrative steps in a timely way. If those steps won’t resolve the issue within a reasonable time, they may try other options, including suing. The rule does not apply when a legal action is needed to prevent or stop imminent serious harm to the person.

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 5, 2026

Release point: 119-73not60