2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 114 - Protection and Advocacy for Individuals With Mental Illness (Sections 10801 - 10851)
Subchapter I - Protection and Advocacy Systems (Sections 10801 - 10827)
Part A - Establishment of Systems (Sections 10801 - 10807)
Sec. 10801 - Congressional findings and statement of purpose
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS Part A - Establishment of Systems Sec. 10801 - Congressional findings and statement of purpose |
Contains | section 10801 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Short Titles | 'Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991'." 'Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988'." 'Protection and Advocacy for Individuals with Mental Illness Act'." |
Source Credit | Pub. L. 99-319, title I, §101, May 23, 1986, 100 Stat. 478; Pub. L. 102-173, §§3, 10(2), Nov. 27, 1991, 105 Stat. 1217, 1219. |
Statutes at Large References | 100 Stat. 478, 490 102 Stat. 2543 105 Stat. 1217 114 Stat. 1193 |
Public and Private Laws | Public Law 99-319, Public Law 100-509, Public Law 102-173, Public Law 106-310 |
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(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, §101, May 23, 1986, 100 Stat. 478; Pub. L. 102–173, §§3, 10(2), Nov. 27, 1991, 105 Stat. 1217, 1219.)
REFERENCES IN TEXTThis 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.
AMENDMENTS1991—Subsec. (a). Pub. L. 102–173, §10(2), substituted "individuals with mental illness" for "mentally ill individuals" in three places.
Subsec. (a)(2) to (4). Pub. L. 102–173, §3, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (b). Pub. L. 102–173, §10(2), substituted "individuals with mental illness" for "mentally ill individuals" in three places.
SHORT TITLE OF 1991 AMENDMENTPub. L. 102–173, §1, Nov. 27, 1991, 105 Stat. 1217, 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 AMENDMENTPub. L. 100–509, §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 TITLEPub. L. 99–319, §1, May 23, 1986, 100 Stat. 478, as amended by Pub. L. 106–310, div. B, title XXXII, §3206(a), Oct. 17, 2000, 114 Stat. 1193, provided that: "This Act [enacting this chapter and section 247a of this title and enacting provisions set out as a note below] may be cited as the 'Protection and Advocacy for Individuals with Mental Illness Act'."
SUPERSEDURE OF BALANCED BUDGET PROVISIONSPub. L. 99–319, title IV, §402, May 23, 1986, 100 Stat. 490, 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)]."
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