
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3206(a)]
[CITE: 42USC10801]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 114--PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS
 
              SUBCHAPTER I--PROTECTION AND ADVOCACY SYSTEMS
 
                    Part A--Establishment of Systems
 
Sec. 10801. Congressional findings and statement of purpose

    (a) The Congress finds that--
        (1) individuals with mental illness are vulnerable to abuse and 
    serious injury;
        (2) family members of individuals with mental illness play a 
    crucial role in being advocates for the rights of individuals with 
    mental illness where the individuals are minors, the individuals are 
    legally competent and choose to involve the family members, and the 
    individuals are legally incompetent and the legal guardians, 
    conservators, or other legal representatives are members of the 
    family;
        (3) individuals with mental illness are subject to neglect, 
    including lack of treatment, adequate nutrition, clothing, health 
    care, and adequate discharge planning; and
        (4) State systems for monitoring compliance with respect to the 
    rights of individuals with mental illness vary widely and are 
    frequently inadequate.

    (b) The purposes of this chapter are--
        (1) to ensure that the rights of individuals with mental illness 
    are protected; and
        (2) to assist States to establish and operate a protection and 
    advocacy system for individuals with mental illness which will--
            (A) protect and advocate the rights of such individuals 
        through activities to ensure the enforcement of the Constitution 
        and Federal and State statutes; and
            (B) investigate incidents of abuse and neglect of 
        individuals with mental illness if the incidents are reported to 
        the system or if there is probable cause to believe that the 
        incidents occurred.

(Pub. L. 99-319, title I, Sec. 101, May 23, 1986, 100 Stat. 478; Pub. L. 
102-173, Secs. 3, 10(2), Nov. 27, 1991, 105 Stat. 1217, 1219.)

                       References in Text

    This chapter, referred to in subsec. (b), was in the original ``this 
Act'', meaning Pub. L. 99-319, May 23, 1986, 100 Stat. 478, which is 
classified principally to this chapter. For complete classification of 
this Act to the Code, see Short Title note below and Tables.


                               Amendments

    1991--Subsec. (a). Pub. L. 102-173, Sec. 10(2), substituted 
``individuals with mental illness'' for ``mentally ill individuals'' in 
three places.
    Subsec. (a)(2) to (4). Pub. L. 102-173, Sec. 3, added par. (2) and 
redesignated former pars. (2) and (3) as (3) and (4), respectively.
    Subsec. (b). Pub. L. 102-173, Sec. 10(2), substituted ``individuals 
with mental illness'' for ``mentally ill individuals'' in three places.


                      Short Title of 1991 Amendment

    Section 1 of Pub. L. 102-173 provided that: ``This Act [amending 
this section and sections 10802 to 10807, 10821, 10824, 10826, 10827, 
10841, and 10851 of this title] may be cited as the `Protection and 
Advocacy for Mentally Ill Individuals Amendments Act of 1991'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-509, Sec. 1, Oct. 20, 1988, 102 Stat. 2543, provided 
that: ``This Act [amending sections 10802, 10804 to 10806, 10821, 10822, 
10825, and 10827 of this title and enacting a provision set out as a 
note under section 10827 of this title] may be cited as the `Protection 
and Advocacy for Mentally Ill Individuals Amendments Act of 1988'.''


                               Short Title

    Section 1 of Pub. L. 99-319 provided: ``That this Act [enacting this 
chapter and section 247a of this title and enacting a provision set out 
below] may be cited as the `Protection and Advocacy for Mentally Ill 
Individuals Act of 1986'.''


                Supersedure of Balanced Budget Provisions

    Section 402 of Pub. L. 99-319 provided that: ``This Act [see Short 
Title note above] shall not be construed as superseding any of the 
balanced budget provisions set forth in section 3(7) of the 
Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 
622(7)].''
