
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC10821]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 114--PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS
 
              SUBCHAPTER I--PROTECTION AND ADVOCACY SYSTEMS
 
                    Part B--Administrative Provisions
 
Sec. 10821. Applications


(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) of this section 
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.

(Pub. L. 99-319, title I, Sec. 111, May 23, 1986, 100 Stat. 482; Pub. L. 
100-509, Sec. 7(d), Oct. 20, 1988, 102 Stat. 2545; Pub. L. 102-173, 
Secs. 7, 10(2), Nov. 27, 1991, 105 Stat. 1218, 1219; Pub. L. 102-321, 
title I, Sec. 163(c)(3)(A), July 10, 1992, 106 Stat. 377.)


                               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, Sec. 10(2), substituted 
``individuals with mental illness'' for ``mentally ill individuals''.
    Subsec. (a)(2). Pub. L. 102-173, Secs. 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, Sec. 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).


                    Effective Date of 1992 Amendment

    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.
