42 U.S.C. § 10801

Congressional findings and statement of purpose

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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.)Editorial NotesReferences in Text

This 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.

Amendments

1991—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.

Statutory Notes and Related SubsidiariesShort Title of 1991 Amendment

Pub. 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 Amendment

Pub. 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 Title

Pub. 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 Provisions

Pub. 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)].”

Notes of Decisions

Cited in 156 cases (44 in the last 5 years), 1989–2026 · leading case: Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356 (2001).

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Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356 (2001). · cites it 2× “§ 41705 Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U. S. C. § 10801 et seq. Fair Housing Amendments Act of 1988, 42 U.”

Iowa Prot. & Advocacy Servs., Inc. v. Gerard Treatment Programs, L.L.C., 152 F. Supp. 2d 1150 (N.D. Iowa 2001). · cites it 9× “The advocacy agency contends that the psychiatric institution has denied or interfered with its access to information essential to its investigation, in violation of the Protection and Advocacy for Mentally Ill Individuals Act of 1986, as amended in 1991 (PAMII Act), 42 U.S.C. §…”

Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010). · cites it 5× “Pursuant to the federal Protection and Advocacy for Individuals with Mental Illness Act of 1986 (“the PAIMI Act”), 42 U.S.C. § 10801 et seq., the district court ordered Indiana state officials and a state agency to give plaintiff Indiana Protection and Advocacy Services (“IPAS”)…”

Doe v. Stincer, 175 F.3d 879 (11th Cir. 1999). · cites it 4× “In an amended complaint, Doe added as plaintiffs the American Civil Liberties Union and the Advocacy Center, a federally-authorized protection and advocacy organization established under the Protection and Advocacy for Mentally Ill Individuals Act ("PAMII"), 42 U.S.C. § 10801 ,…”

Disability Rights Montana, Inc v. Mike Batista, 930 F.3d 1090 (9th Cir. 2019). · cites it 2× “I A The Protection and Advocacy for Individuals with Mental Illness Act, 42 U.S.C. § 10801 et seq. (“PAIMI Act”), provides funds to maintain state level agencies for the protection of and advocacy for individuals with mental illness, and provides those designated agencies with…”

Sonnenberg v. Disability Rights Idaho, Inc., 168 F. Supp. 3d 1282 (D. Idaho 2016). · cites it 5× “1 DRI is a nonprofit corporation which has been designated by the State of Idaho to protect and advocate on behalf of people with mental illness, as defined in the Protection and Advocacy for Individuals with Mental Illness Act of 1986, 42 U.S.C. § 10801 et. seq. (“PAIMI”). In…”

Disability Rights Ohio v. Buckeye Ranch, Inc., 375 F. Supp. 3d 873 (S.D. Ohio 2019). · cites it 4× “The Protection and Advocacy for Individuals with Mental Illness Act ("PAIMI"), 42 U.S.C. §§ 10801 - 10851 (2000), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ("PADD"), 42 U.”

Brown v. Stone, 66 F. Supp. 2d 412 (E.D.N.Y 1999). · cites it 5× “According to the complaint, the Clinic is a Protection and Advocacy agency which, pursuant to the Protection and Advocacy for Mentally Ill Individuals Act of 1986 (“PAMII”), 42 U.S.C. § 10801 et seq., “is authorized to, inter alia, pursue legal remedies on behalf of…”

Iowa Prot. & Advocacy Servs., Inc. v. Rasmussen, 206 F.R.D. 630 (S.D. Iowa 2001). · cites it 4× “, and the Protection and Advocacy for Individuals with Mental Illness Act (“PAIMI Act”), 42 U.S.C. § 10801 , et seq. The Woodward Resource Center (“Woodward”) is a certified health care facility serving persons with mental retardation.”

Parent/Prof'l Advocacy League v. City of Springfield, 934 F.3d 13 (1st Cir. 2019). “And DLC is designated under the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), 42 U.S.C. § 10801 et seq. , as the protection and advocacy system (P & A) for individuals with mental health disabilities in Massachusetts.”

Off. of Prot. & Advocacy for Persons With Disabilities v. Armstrong, 266 F. Supp. 2d 303 (D. Conn. 2003). · cites it 3× “42 U.S.C. § 10801 (a). Furthermore, Congress found that “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…”

Wisconsin Coalition for Advocacy, Inc. v. Czaplewski, 131 F. Supp. 2d 1039 (E.D. Wis. 2001). · cites it 3× “§ 6001 (“DDA”), and individuals with mental illness as defined in the Protection and Advocacy for Individuals with Mental Illness Act of 1986, as amended, 42 U.S.C. § 10801 , et seq. (“PAI-MIA”), and pursuant to § 51.”

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— 42 U.S.C. § 10801(b) — 1 case

White (E.D. Ky. 2026).

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