2016 US Code
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

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Citation 42 U.S.C. § 10807 (2016)
Section Name §10807. Legal actions
Section Text

(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) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.

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.)

Editorial Notes AMENDMENTS

1991—Pub. L. 102–173 substituted "individual with mental illness" for "mentally ill individual" in subsecs. (a) and (b).

Footnotes

1 So in original. Probably should be "an".

Publication Title United States Code, 2012 Edition, Supplement 4, 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 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 100 Stat. 482
105 Stat. 1219
Public Law References Public Law 99-319, Public Law 102-173
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