42 U.S.C. § 10821

Applications

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(a) Submission for allotment; contentsNo allotment may be made under this subchapter to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain—(1) assurances that amounts paid to such system from an allotment under this subchapter will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of individuals with mental illness;(2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to individuals with mental illness and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members;(3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 10804(a) of this title, will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and(4) such other information as the Secretary may by regulation prescribe.(b) Satisfaction of requirements regarding trained staff

The assurance required under subsection (a)(2) regarding trained staff may be satisfied through the provision of training by individuals who have received or are receiving mental health services and family members of such individuals.

Applications submitted under this section shall remain in effect for a 4-year period, and the assurances required under this section shall be for the same 4-year period.

(Pub. L. 99–319, title I, § 111, May 23, 1986, 100 Stat. 482; Pub. L. 100–509, § 7(d), Oct. 20, 1988, 102 Stat. 2545; Pub. L. 102–173, §§ 7, 10(2), Nov. 27, 1991, 105 Stat. 1218, 1219; Pub. L. 102–321, title I, § 163(c)(3)(A), July 10, 1992, 106 Stat. 377.)Editorial NotesAmendments

1992—Subsec. (c). Pub. L. 102–321 substituted “4-year” for “3-year” in two places.

1991—Subsec. (a)(1). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”.

Subsec. (a)(2). Pub. L. 102–173, §§ 7(1), 10(2), substituted “individuals with mental illness” for “mentally ill individuals” and inserted before semicolon at end “and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members”.

Subsecs. (b), (c). Pub. L. 102–173, § 7(2), (3) added subsec. (b) and redesignated former subsec. (b) as (c).

1988—Pub. L. 100–509 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.

Notes of Decisions

Cited in 6 cases, 1993–2020 · 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 3× “New York has designated the Commission on Quality of Care and Advocacy for Persons with Disabilities (“CQCAPD”) as the State’s P & A system for persons with mental illness pursuant to PAIMI, 42 U.S.C. § 10821 . 3 See N.Y. Mental Hyg.”

John Doe 1 v. Donald Trump, 957 F.3d 1050 (9th Cir. 2020). “§ 1182 (a)(4)(E); (2) the Affordable Care Act (ACA), 42 U.S.C. § 10821 , et seq.; and (3) the INA’s public charge provision, 8 U.”

Disability Advocates, Inc. v. New York Coalition for Quality Assisted (2d Cir. 2012). · cites it 2× “5 New York has designated the Commission on Quality of Care and Advocacy for Persons with Disabilities (“CQCAPD”) as the State’s P&A system for persons with mental illness pursuant to PAIMI, 42 U.S.C. § 10821.3 See N.Y. Mental Hyg. Law § 45.”

John Doe 1 v. Donald Trump (9th Cir. 2020). “§ 1182 (a)(4)(E); (2) the Affordable Care Act (ACA), 42 U.S.C. § 10821 , et seq.; and (3) the INA’s public charge provision, 8 U.”

In re Virginia S., 158 Misc. 2d 455 (N.Y.C. Fam. Ct. 1993). “42 USC § 10821 (a) provides: "No allotment may be made under this title to an eligible system unless an application therefor is submitted to the Secretary.”

Sanchez v. State, 641 So. 2d 433 (Fla. 3d DCA 1994). “1990); 42 U.S.C. § 10821 (a)(1) (1986). The Advocacy Center is presently amicus curiae in a pending class action challenging conditions in the Dade County Jail.”

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