Title 42 — The Public Health and Welfare
Part A · Chapter 114 — Protection and Advocacy for Individuals with Mental Illness
§ 10802. Definitions
Statutory text
For purposes of this subchapter:
The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 1 individual with mental illness, and includes acts such as—
the rape or sexual assault of a 1 individual with mental illness;
the striking of a 1 individual with mental illness;
the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and
the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.
The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.].
The term “facilities” may include, but need not be limited to, hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons.
The term “individual with mental illness” means, except as provided in section 10804(d) of this title, an individual—
who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and
who is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of such inpatient or resident are unknown;
who is in the process of being admitted to a facility rendering care or treatment, including persons being transported to such a facility; or”; 2
who is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense; or
who satisfies the requirements of subparagraph (A) and lives in a community setting, including their own home.
The term “neglect” means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment which caused or may have caused injury or death to a 1 individual with mental illness or which placed a 1 individual with mental illness at risk of injury or death, and includes an act or omission such as the failure to establish or carry out an appropriate individual program plan or treatment plan for a 1 individual with mental illness, the failure to provide adequate nutrition, clothing, or health care to a 1 individual with mental illness, or the failure to provide a safe environment for a 1 individual with mental illness, including the failure to maintain adequate numbers of appropriately trained staff.
The term “Secretary” means the Secretary of Health and Human Services.
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
The term “American Indian consortium” means a consortium established under part C of the Developmental Disabilities Assistance and Bill of Rights Act 3 (42 U.S.C. 6042 et seq.).
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Protection and Advocacy for Mentally Ill Individuals Act of 1986
Pub. L. 99–319 title I § 102 · 100 Stat. 478
Enacted · 42 U.S.C. § 10802
Pub. L. 99–319, title I, § 102, May 23, 1986, 100 Stat. 478
Source evidence
Code source credit
Pub. L. 99–319, title I, § 102, May 23, 1986, 100 Stat. 478Enacted provision · exact public law section
Sec. 102. definitions For purposes of this title: (1) The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury to a mentally ill individual, and includes acts such as— (A) the rape or sexual assault of a mentally ill individual; (B) the striking of a mentally ill individual; (C) the use of excessive force when placing a mentally ill individual in bodily restraints; and (D) the use of bodily or chemical restraints on a mentally ill individual which is not in compliance with Federal and State laws and regulations. (2) The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under part C of the Developmental Disabilities Assistance and Bill of Rights Act. 42 USC 6061. (3) The term “mentally ill individual” means an individual— (A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and (B) who is an inpatient or resident in a facility rendering care or treatment. (4) The term “neglect” means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment which caused or may have caused injury to a mentally ill individual or which placed a mentally ill individual at risk of injury, and includes an act or omission such as the failure to establish or carry out an appropriate individual program plan or treatment plan for a mentally ill individual, the failure to provide adequate nutrition, clothing, or health care to a mentally ill individual, or the failure to provide a safe environment for a mentally ill individual. (5) The term ‘Secretary’ means the Secretary of Health and Human Services. (6) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988
Pub. L. 100–509 § 3(1) · 102 Stat. 2543
Inserted · 42 U.S.C. § 10802(1)
Pub. L. 100–509, § 3(1), inserted “or death” after “caused, injury”
Source evidence
Code amendment note
Par. (1). Pub. L. 100–509, § 3(1), inserted “or death” after “caused, injury”.Enacted provision · exact public law section
(1) in paragraph (1), by inserting “or death” after “caused, injury”;Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988
Pub. L. 100–509 § 3(2) · 102 Stat. 2543
Amended · 42 U.S.C. § 10802(3)(B)
Pub. L. 100–509, § 3(2), designated existing provisions as cl. (i)
Substituted · 42 U.S.C. § 10802(3)(B)
Pub. L. 100–509, § 3(2), substituted “, even if the whereabouts of such inpatient or resident are unknown;” for period at end
Added · 42 U.S.C. § 10802(3)(B)
Pub. L. 100–509, § 3(2), added cls. (ii) and (iii)
Source evidence
Code amendment note
Par. (3)(B). Pub. L. 100–509, § 3(2), designated existing provisions as cl. (i), substituted “, even if the whereabouts of such inpatient or resident are unknown;” for period at end, and added cls. (ii) and (iii).Enacted provision · exact public law section
(2) in paragraph (3)— (A) by inserting “(i)” after the subparagraph designation in subparagraph (B); (B) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof the following: “, even if the whereabouts of such inpatient or resident are unknown;”; and (C) by adding at the end thereof the following new clauses: (ii) who is in the process of being admitted to a facility Health care facilities. rendering care or treatment, including persons being transported to such a facility; or”; “(iii) who is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense.”; andProtection and Advocacy for Mentally Ill Individuals Amendments Act of 1988
Pub. L. 100–509 § 3(3) · 102 Stat. 2543
Inserted · 42 U.S.C. § 10802(4)
Pub. L. 100–509, § 3(3), inserted “or death” after “injury” in two places
Inserted · 42 U.S.C. § 10802(4)
Pub. L. 100–509, § 3(3), inserted before period at end “, including the failure to maintain adequate numbers of appropriately trained staff”
Source evidence
Code amendment note
Par. (4). Pub. L. 100–509, § 3(3), inserted “or death” after “injury” in two places and inserted before period at end “, including the failure to maintain adequate numbers of appropriately trained staff”.Enacted provision · exact public law section
(3) in paragraph (4)— (A) by inserting “or death” after “injury” each place such word occurs; and (B) by inserting before the period at the end thereof the following: “, including the failure to maintain adequate numbers of appropriately trained staff”.Pub. L. 102–173 § 10(1) · 105 Stat. 1217
Substituted · 42 U.S.C. § 10802(1)
Pub. L. 102–173, § 10(1), substituted “individual with mental illness” for “mentally ill individual” wherever appearing
Source evidence
Code amendment note
Par. (1). Pub. L. 102–173, § 10(1), substituted “individual with mental illness” for “mentally ill individual” wherever appearing.Enacted provision · exact public law section
(1) by striking out “mentally ill individual” each place that such occurs and inserting in lieu thereof “individual with mental illness”; andPub. L. 102–173 · 105 Stat. 1217
Added · 42 U.S.C. § 10802(3)(7)
Pub. L. 102–173 added par. (3)
Redesignated · 42 U.S.C. § 10802(3)(7)
Pub. L. 102–173 redesignated former pars. (3) to (6) as (4) to (7), respectively
Substituted · 42 U.S.C. § 10802(3)(7)
Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” wherever appearing in pars. (4) and (5)
Source evidence
Code amendment note
Pars. (3) to (7). Pub. L. 102–173 added par. (3), redesignated former pars. (3) to (6) as (4) to (7), respectively, and substituted “individual with mental illness” for “mentally ill individual” wherever appearing in pars. (4) and (5).Youth Drug and Mental Health Services Act
Pub. L. 106–310 § 3206(b)(1)(A) · 114 Stat. 1101
Inserted · 42 U.S.C. § 10802(4)
Pub. L. 106–310, § 3206(b)(1)(A), inserted “, except as provided in section 10804(d) of this title,” after “means” in introductory provisions
Source evidence
Code amendment note
Par. (4). Pub. L. 106–310, § 3206(b)(1)(A), inserted “, except as provided in section 10804(d) of this title,” after “means” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A), by inserting “, except as provided in section 104(d),” after “means”;Youth Drug and Mental Health Services Act
Pub. L. 106–310 § 3206(b)(1)(B) · 114 Stat. 1101
Amended · 42 U.S.C. § 10802(4)(B)
Pub. L. 106–310, § 3206(b)(1)(B), designated existing provisions as cl. (i)
Redesignated · 42 U.S.C. § 10802(4)(B)
Pub. L. 106–310, § 3206(b)(1)(B), redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i)
Added · 42 U.S.C. § 10802(4)(B)
Pub. L. 106–310, § 3206(b)(1)(B), added cl. (ii)
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 106–310, § 3206(b)(1)(B), designated existing provisions as cl. (i), redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i), and added cl. (ii).Enacted provision · exact public law section
(B) in subparagraph (B)— (i) by striking “(i)” who” and inserting “(i)(I) who”; (ii) by redesignating clauses (ii) and (iii) as subclauses (II) and (III); (iii) in subclause (III) (as so redesignated), by striking the period and inserting “; or”; and (iv) by adding at the end the following: “(ii) who satisfies the requirements of subparagraph (A) and lives in a community setting, including their own home.”; andYouth Drug and Mental Health Services Act
Pub. L. 106–310 § 3206(b)(2) · 114 Stat. 1101
Added · 42 U.S.C. § 10802(8)
Pub. L. 106–310, § 3206(b)(2), added par. (8)
Source evidence
Code amendment note
Par. (8). Pub. L. 106–310, § 3206(b)(2), added par. (8).Enacted provision · exact public law section
(2) by adding at the end the following: “(8) The term ‘American Indian consortium’ means a consortium established under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042 et seq.).”.Developmental Disabilities Assistance and Bill of Rights Act of 2000
Pub. L. 106–402 title IV § 401(b)(13)(A) · 114 Stat. 1677
Substituted · 42 U.S.C. § 10802(2)
Pub. L. 106–402 substituted “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “part C of the Developmental Disabilities Assistance and Bill of Rights Act”
Source evidence
Code amendment note
Par. (2). Pub. L. 106–402 substituted “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “part C of the Developmental Disabilities Assistance and Bill of Rights Act”.Enacted provision · exact public law section
(A) Section 102(2) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10802(2)) is amended by striking “part C of the Developmental Disabilities Assistance and Bill of Rights Act” and inserting “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000”.
14 of 17 references resolved to an enrolled provision · 3 partial
Editorial Notes
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in par. (2), is Pub. L. 106–402, , 114 Stat. 1677. Subtitle C of the Act probably means subtitle C of title I of the Act, which is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of this title and Tables.
The Developmental Disabilities Assistance and Bill of Rights Act, referred to in par. (8), is title I of Pub. L. 88–164, as added by Pub. L. 98–527, § 2, , 98 Stat. 2662, which was repealed by Pub. L. 106–402, title IV, § 401(a), , 114 Stat. 1737. Part C of the Act was classified generally to subchapter III (§ 6041 et seq.) of chapter 75 of this title. Provisions similar to former part C of the Act are contained in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000, Pub. L. 106–402, which is classified generally to part C (§ 15041 et seq.) of subchapter I of chapter 144 of this title.
Amendments1988–2000 · 3 rounds
2000
Par. (2). Pub. L. 106–402 substituted “subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000” for “part C of the Developmental Disabilities Assistance and Bill of Rights Act”.
Par. (4). Pub. L. 106–310, § 3206(b)(1)(A), inserted “, except as provided in section 10804(d) of this title,” after “means” in introductory provisions.
Par. (4)(B). Pub. L. 106–310, § 3206(b)(1)(B), designated existing provisions as cl. (i), redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i), and added cl. (ii).
Par. (8). Pub. L. 106–310, § 3206(b)(2), added par. (8).
1991
Par. (1). Pub. L. 102–173, § 10(1), substituted “individual with mental illness” for “mentally ill individual” wherever appearing.
Pars. (3) to (7). Pub. L. 102–173 added par. (3), redesignated former pars. (3) to (6) as (4) to (7), respectively, and substituted “individual with mental illness” for “mentally ill individual” wherever appearing in pars. (4) and (5).
1988
Par. (1). Pub. L. 100–509, § 3(1), inserted “or death” after “caused, injury”.
Par. (3)(B). Pub. L. 100–509, § 3(2), designated existing provisions as cl. (i), substituted “, even if the whereabouts of such inpatient or resident are unknown;” for period at end, and added cls. (ii) and (iii).
Par. (4). Pub. L. 100–509, § 3(3), inserted “or death” after “injury” in two places and inserted before period at end “, including the failure to maintain adequate numbers of appropriately trained staff”.
Executive Documents
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Credits
1986–2000 · 5 acts
- 1986Pub. L. 99–319, title I, § 102, , 100 Stat. 478
- 1988Pub. L. 100–509, § 3, , 102 Stat. 2543
- 1991Pub. L. 102–173, §§ 4, 10(1), , 105 Stat. 1217, 1219
- 2000Pub. L. 106–310, div. B, title XXXII, § 3206(b), , 114 Stat. 1194
- 2000Pub. L. 106–402, title IV, § 401(b)(13)(A), , 114 Stat. 1739.
Show as published
(Pub. L. 99–319, title I, § 102, , 100 Stat. 478; Pub. L. 100–509, § 3, , 102 Stat. 2543; Pub. L. 102–173, §§ 4, 10(1), , 105 Stat. 1217, 1219; Pub. L. 106–310, div. B, title XXXII, § 3206(b), , 114 Stat. 1194; Pub. L. 106–402, title IV, § 401(b)(13)(A), , 114 Stat. 1739.)