U.S. Code » Title 42 » Chapter CHAPTER 114— PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS › Subchapter SUBCHAPTER I— PROTECTION AND ADVOCACY SYSTEMS › Part Part B— Administrative Provisions

42 U.S.C. § 10826

Administration

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(a) In general

The Secretary shall carry out this subchapter through the Administrator of the Substance Abuse and Mental Health Services Administration.

(b) Regulations

Not later than 6 months after November 27, 1991, the Secretary shall promulgate final regulations to carry out this subchapter and subchapter III.

(Pub. L. 99–319, title I, § 116, May 23, 1986, 100 Stat. 485; Pub. L. 102–173, § 9, Nov. 27, 1991, 105 Stat. 1219; Pub. L. 102–321, title I, § 163(c)(3)(B), July 10, 1992, 106 Stat. 377.)Editorial NotesAmendments

1992—Subsec. (a). Pub. L. 102–321 substituted “the Substance Abuse and Mental Health Services Administration” for “the Alcohol, Drug Abuse, and Mental Health Administration”.

1991—Pub. L. 102–173 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–321 effective Oct. 1, 1992, see section 801(c) of Pub. L. 102–321, set out as a note under section 236 of this title.

Notes of Decisions
Cited in 2 cases, 2006–2019 · leading case: Disability Rights Ohio v. Buckeye Ranch, Inc., 375 F. Supp. 3d 873 (S.D. Ohio 2019).
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Disability Rights Ohio v. Buckeye Ranch, Inc., 375 F. Supp. 3d 873 (S.D. Ohio 2019). “3d at 239 (citing 42 U.S.C. § 10826 ). To determine whether DHHS exceeded its authority, the first question is whether the plain language of PAIMI unambiguously grants the P & A system unaccompanied access to the youth.”
Prot. & Advocacy for Persons with Disabilities v. Mental Health & Addiction Servs., 448 F.3d 119 (2d Cir. 2006). “at 1219 (codified as amended at 42 U.S.C. § 10826 (b)). The Secretary of HHS subsequently issued final regulations that provide, inter alia, that a P & A system shall have access to all records of an individual, including: Reports prepared by individuals and entities performing…”
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