42 U.S.C. § 10804

Use of allotments

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(a) Contracts(1) An eligible system may use its allotment under this subchapter to enter into contracts with State agencies and nonprofit organizations which operate throughout the State. In order to be eligible for a contract under this paragraph—(A) such an agency shall be independent of any agency which provides treatment or services (other than advocacy services) to individuals with mental illness; and(B) such an agency or organization shall have the capacity to protect and advocate the rights of individuals with mental illness.(2) In carrying out paragraph (1), an eligible system should consider entering into contracts with organizations including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which,11 So in original. The comma probably should not appear. provide protection or advocacy services to individuals with mental illness.(b) Obligation of allotments; technical assistance and training(1) If an eligible system is a public entity, the government of the State in which the system is located may not require the system to obligate more than 5 percent of its allotment under this subchapter in any fiscal year for administrative expenses.(2) An eligible system may not use more than 10 percent of any allotment under this subchapter for any fiscal year for the costs of providing technical assistance and training to carry out this subchapter.(c) Representation of individuals with mental illness

An eligible system may use its allotment under this subchapter to provide representation to individuals with mental illness in Federal facilities who request representation by the eligible system. Representatives of such individuals from such system shall be accorded all the rights and authority accorded to other representatives of residents of such facilities pursuant to State law and other Federal laws.

(d) Definition for purposes of representation of individuals with mental illness; priority

The definition of “individual with a mental illness” contained in section 10802(4)(B)(iii) 22 See References in Text note below. of this title shall apply, and thus an eligible system may use its allotment under this subchapter to provide representation to such individuals, only if the total allotment under this subchapter for any fiscal year is $30,000,000 or more, and in such case, an eligible system must give priority to representing persons with mental illness as defined in subparagraphs (A) and (B)(i) of section 10802(4) of this title.

(Pub. L. 99–319, title I, § 104, May 23, 1986, 100 Stat. 479; Pub. L. 100–509, § 7(a), (b)(1), Oct. 20, 1988, 102 Stat. 2544; Pub. L. 102–173, §§ 5, 10(2), Nov. 27, 1991, 105 Stat. 1217, 1219; Pub. L. 106–310, div. B, title XXXII, § 3206(c), Oct. 17, 2000, 114 Stat. 1194.)Editorial NotesReferences in Text

Section 10802(4)(B)(iii) of this title, referred to in subsec. (d), was redesignated section 10802(4)(B)(i)(III) of this title by Pub. L. 106–310, div. B, title XXXII, § 3206(b)(1)(B)(i), (ii), Oct. 17, 2000, 114 Stat. 1194.

Amendments

2000—Subsec. (d). Pub. L. 106–310 added subsec. (d).

1991—Subsec. (a). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places.

Subsec. (c). Pub. L. 102–173, § 5, added subsec. (c).

1988—Subsec. (a)(2). Pub. L. 100–509, § 7(a), substituted “including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which” for “which, on May 23, 1986”.

Subsec. (b)(2). Pub. L. 100–509, § 7(b)(1), substituted “10” for “5”.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1994–2024 · leading case: Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc., 675 F.3d 149 (2d Cir. 2012).

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Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc., 675 F.3d 149 (2d Cir. 2012). · cites it 4× “In 1989, CQCAPD entered into a contract with DAI as permitted by 42 U.S.C. § 10804 5 and New York Mental Hygiene Law § 45.”

Indiana Prot. & Advocacy Servs. v. Indiana Fam. & Soc. Servs. Admin., 603 F.3d 365 (7th Cir. 2010). · cites it 2× “42 U.S.C. § 10804 . The PAIMI Act gives a designated protection and advocacy system like IPAS the authority to investigate incidents of abuse and neglect of individuals with mental illness and to pursue administrative, legal, and other remedies on behalf of those individuals.”

Missouri Prot. & Advocacy Servs., Inc. v. Carnahan, 499 F.3d 803 (8th Cir. 2007). “See 42 U.S.C. §§ 10804 (c), 10807. 8 . The blanket disenfranchisement of those who are mentally incapacitated may be a subject warranting equal protection inquiry.”

Hawai'i Disability Rights Cent v. Christina Kishimoto, 122 F.4th 353 (9th Cir. 2024). “KISHIMOTO serve the “general purposes of exhaustion and the congressional intent behind [IDEA’s] administrative scheme,” giving a court the “benefit of agency expertise and an administrative record” and providing DOE “adequate opportunity to investigate and correct [its]…”

Ind. Prot. & Adv. Servs. v. Ind. Fam. & Soc., 603 F.3d 365 (7th Cir. 2010). · cites it 2× “42 U.S.C. § 10804 . The PAIMI Act gives a designated protection and advocacy system like IPAS the authority to investigate incidents of abuse and neglect of individuals with mental illness and to pursue administrative, legal, and other remedies on behalf of those individuals.”

Wisconsin Coalition for Advocacy, Inc. v. Czaplewski, 131 F. Supp. 2d 1039 (E.D. Wis. 2001). “Similarly, as soon as a State receives an allotment under 42 U.S.C. § 10804 , any system set up in that State “to protect and advocate the rights of individuals with mental illness .”

Trautz v. Weisman, 846 F. Supp. 1160 (S.D.N.Y. 1994). “42 U.S.C. § 10804 (a)(1). 3 . The Rubenstein court also relied upon Goldstein v.”

Indiana Prot. & Advocacy Servs. Comm'n v. Comm'r, Indiana Dep't of Corr., 642 F. Supp. 2d 872 (S.D. Ind. 2009). “” 42 U.S.C.A. § 10804 . The designated protection and advocacy agency must have, under federal law: the authority to .”

Merryfield v. Disability Rights Ctr. of Kansas, 439 F. App'x 677 (10th Cir. 2011). “” 42 U.S.C. § 10804 (a)(1). Thus, it is clear that the purpose of the federal statute is not to set up federal agencies in each of the states, but to assist the States in setting up their own systems.”

Cunningham v. Fed. Bureau of Prisons, 222 F. Supp. 3d 959 (D. Colo. 2015). · cites it 2× “See 42 U.S.C. § 10804 (c); 42 U.S.C. § 10805 (a)(1)(A) & (B); and 42 U.”

Disability Advocates, Inc. v. New York Coalition for Quality Assisted (2d Cir. 2012). · cites it 3× “42 U.S.C. § 10804 (d) modifies the definition under certain circumstances for individuals with mental illness as defined under § 10802(4)(B)(i)(III).”

Iowa Prot. & Advocacy Servs., Inc. v. Gerard Treatment Programs, L.L.C., 274 F. Supp. 2d 1063 (N.D. Iowa 2003). “” See 42 U.S.C. § 10804 (a)(4)(C). These provisions plainly do not require disclosure of the names of the residents, or the names of their guardians or representatives, where no complaint or probable cause determination has been made - about the residents unless a resident is a…”

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