2015 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. 10807 - Legal actions
| Publication Title | United States Code, 2012 Edition, Supplement 3, 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. 10807 - Legal actions |
| Contains | section 10807 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 99-319, title I, §107, May 23, 1986, 100 Stat. 482; Pub. L. 102-173, §10(1), Nov. 27, 1991, 105 Stat. 1219. |
| Statutes at Large References | 100 Stat. 482 105 Stat. 1219 |
| Public and Private Laws | Public Law 99-319, Public Law 102-173 |
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(a) Prior to instituting any legal action in a Federal or State court on behalf of a 1 individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804(a) of this title, 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) of this section does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.
(Pub. L. 99–319, title I, §107, May 23, 1986, 100 Stat. 482; Pub. L. 102–173, §10(1), Nov. 27, 1991, 105 Stat. 1219.)
AMENDMENTS1991—Pub. L. 102–173 substituted "individual with mental illness" for "mentally ill individual" in subsecs. (a) and (b).
1 So in original. Probably should be "an".
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