§ 10807. Legal actions

Footnotes

1. 1 So in original. Probably should be “an”.

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.

1. 1986

   Protection and Advocacy for Mentally Ill Individuals Act of 1986

   Pub. L. 99–319 title I § 107 · 100 Stat. 478

   Enacted · 42 U.S.C. § 10807

   Pub. L. 99–319, title I, § 107, May 23, 1986, 100 Stat. 482

   Source evidence

   Code source credit
   Pub. L. 99–319, title I, § 107, May 23, 1986, 100 Stat. 482

   Enacted provision · exact public law section
   Sec. 107. legal actions (a) Prior to instituting any legal action in a Federal or State court on behalf of a mentally ill individual, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 104(a), 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 mentally ill individual.

2. 1991

   Pub. L. 102–173 § 10(1) · 105 Stat. 1217

   Substituted · 42 U.S.C. § 10807

   Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b)

   Source evidence

   Code amendment note
   Pub. L. 102–173 substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b).

   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”; and

2 of 2 references resolved to an enrolled provision