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Title 42 — The Public Health and Welfare

Part B · Chapter 114 — Protection and Advocacy for Individuals with Mental Illness

§ 10821. Applications

Statutory text

(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)

assurances that amounts paid to such system from an allotment under this subchapter will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of individuals with mental illness;

(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.

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. Protection and Advocacy for Mentally Ill Individuals Act of 1986

    Pub. L. 99–319 title I § 111 · 100 Stat. 478

    Enacted · 42 U.S.C. § 10821

    Pub. L. 99–319, title I, § 111, May 23, 1986, 100 Stat. 482

    Source evidence

    Code source credit
    Pub. L. 99–319, title I, § 111, May 23, 1986, 100 Stat. 482

    Enacted provision · exact public law section
    Sec. 111. applications No allotment may be made under this title to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain— (1) assurances that amounts paid to such system from an allotment under this title will be used to supplement and not to supplant the level of non-Federal funds avaüable in the State in which such system is established to protect and advocate the rights of mentally ill individuals; (2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to mentally ill individuals; (3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 104(a), 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.

  2. Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

    Pub. L. 100–509 § 7(d) · 102 Stat. 2543

    1. Amended · 42 U.S.C. § 10821

      Pub. L. 100–509 designated existing provisions as subsec. (a)

    2. Added · 42 U.S.C. § 10821

      Pub. L. 100–509 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 100–509 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    (d) Applications.— Section 111 (42 U.S.C. 10821) is amended— (1) by inserting “(a)” after the section designation; and (2) by adding at the end thereof the following new subsection: “(b) Applications submitted under this section shall remain in effect for a 3-year period, and the assurances required under this section shall be for the same 3-year period.”.

  3. Pub. L. 102–173 § 10(2) · 105 Stat. 1217

    Substituted · 42 U.S.C. § 10821(a)(1)

    Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”.

    Enacted provision · exact public law section
    (2) by striking out “mentally ill individuals” each place that such occurs and inserting in lieu thereof “individuals with mental illness”.

  4. Pub. L. 102–173 · 105 Stat. 1217

    1. Substituted · 42 U.S.C. § 10821(a)(2)

      Pub. L. 102–173, §§ 7(1), 10(2), substituted “individuals with mental illness” for “mentally ill individuals”

    2. Inserted · 42 U.S.C. § 10821(a)(2)

      Pub. L. 102–173, §§ 7(1), 10(2), 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”

    Source evidence

    Code amendment note
    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”.

  5. Pub. L. 102–173 § 7(2) · 105 Stat. 1217

    1. Added · 42 U.S.C. § 10821(b); 42 U.S.C. § 10821(c)

      Pub. L. 102–173, § 7(2), (3) added subsec. (b)

    2. Redesignated · 42 U.S.C. § 10821(b); 42 U.S.C. § 10821(c)

      Pub. L. 102–173, § 7(2), (3) redesignated former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 102–173, § 7(2), (3) added subsec. (b) and redesignated former subsec. (b) as (c).

    Enacted provision · exact public law section
    (2) by redesignating subsection (b) as subsection (c); and

  6. ADAMHA Reorganization Act

    Pub. L. 102–321 title I § 163(c)(3)(A) · 106 Stat. 323

    Substituted · 42 U.S.C. § 10821(c)

    Pub. L. 102–321 substituted “4-year” for “3-year” in two places

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–321 substituted “4-year” for “3-year” in two places.

    Enacted provision · exact public law section
    (A) in section 111(c) (42 U.S.C. 10821(c)), by striking out “3-year” each place that such appears and inserting in lieu thereof “4-year”; and

    Effective date note
    Amendment 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.

7 of 9 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1988–1992 · 3 rounds

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 Amendment

Amendment by Pub. L. 102–321 effective , 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.

Credits

1986–1992 · 4 acts
  1. 1986Pub. L. 99–319, title I, § 111, , 100 Stat. 482
  2. 1988Pub. L. 100–509, § 7(d), , 102 Stat. 2545
  3. 1991Pub. L. 102–173, §§ 7, 10(2), , 105 Stat. 1218, 1219
  4. 1992Pub. L. 102–321, title I, § 163(c)(3)(A), , 106 Stat. 377.
Show as published

(Pub. L. 99–319, title I, § 111, , 100 Stat. 482; Pub. L. 100–509, § 7(d), , 102 Stat. 2545; Pub. L. 102–173, §§ 7, 10(2), , 105 Stat. 1218, 1219; Pub. L. 102–321, title I, § 163(c)(3)(A), , 106 Stat. 377.)

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