PRIA, Government Policy, Made Personal

Summary

An eligible system must send an application to the Secretary before it can get money under this program. The application must promise that the money will add to (not replace) state funds for protecting the rights of people with mental illness; that the system will have staff trained to provide advocacy and, when appropriate, work with family members of clients who are minors or whose guardians are family; that it will not duplicate actions taken by a person’s guardian, conservator, or other representative (other than the State) unless that person asks for help; and 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 a 4-year period.

Title 42, §10821

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

(a)Submission for allotment; contents

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)

(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)Satisfaction of requirements regarding trained staff

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)Duration of applications and assurances

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