42 C.F.R. § 51.22

Governing authority

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(a) Each P&A system shall have a governing authority responsible for its planning, designing, implementing and functioning. It shall, jointly with the advisory council, annually establish program priorities and policies.

(b) If the P&A system is organized with a multi-member governing board:

(1) Each P&A system shall establish policies and procedures for the selection of its governing board members and for the board evaluation of the P&A system director. The terms of board members shall be staggered and for 4 years except that any member appointed to fill a vacancy for an unexpired term shall serve for the remainder of such term. A member who has been appointed for a term of 4 years may not be reappointed to the governing board during the 2-year period beginning on the date on which such 4-year term expired.

(2) The board shall be composed of members who broadly represent or are knowledgeable about the needs of the clients served by the P&A system and shall include a significant representation of individuals with mental illness who are, or have been eligible for services, or have received or are receiving mental health services, and family members, guardians, advocates, or authorized representatives of such individuals.

(3) If the governing authority is organized as a private nonprofit entity, the chairperson of the advisory council shall be a member of the governing board.

(d) Any member of the advisory council may also serve on the governing board.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1999–2026 · leading case: Doe v. Stincer, 175 F.3d 879 (11th Cir. 1999).

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Doe v. Stincer, 175 F.3d 879 (11th Cir. 1999). · cites it 2× “§ 10805 (c)(1)(B); see also 42 C.F.R. § 51.22 (b)(2). Moreover, protection and advocacy organizations must have advisory councils, sixty percent of whose membership as well as the chair of the council must be "comprised of individuals who have received or are receiving mental…”

Disability Rights Ohio v. Buckeye Ranch, Inc., 375 F. Supp. 3d 873 (S.D. Ohio 2019). “" 42 C.F.R. §§ 51.22 (a), 51.24(a). In addition, a P & A system must establish an "advisory council" that is charged with, among other responsibilities, "[p]rovid[ing] independent advice and recommendations to the [protection-and-advocacy] system" and "[w]ork[ing] with the…”

Connecticut Off. of Prot. & Advocacy for Persons With Disabilities v. Connecticut, 706 F. Supp. 2d 266 (D. Conn. 2010). “§ 10805 (c)(1)(B); see also 42 C.F.R. § 51.22 (b)(2). Moreover, protection and advocacy organizations must have advisory councils, sixty percent of whose membership as well as the chair of the council must be “comprised of individuals who have received or are receiving mental…”

Indiana Prot. & Advocacy Servs. Comm'n v. Comm'r, Indiana Dep't of Corr., 642 F. Supp. 2d 872 (S.D. Ind. 2009). “” 42 C.F.R. § 51.22 (b)(2). The PAIMI also requires that IPAS be guided by an advisory council, “at least 60 percent of the membership of which shall be comprised of individuals who have received or are receiving mental health services or who are family members of such…”

South Carolina State Conf. of the NAACP v. South Carolina Dep't of Juv. Just. (4th Cir. 2026). · cites it 3× “126; see also 42 C.F.R. § 51.22 (b)(2). DRSC also says its activities are guided by an advisory council that is “comprised primarily” of individuals who have received or are receiving mental health services and their family members.”

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