42 U.S.C. · The Public Health and Welfare
42 U.S.C. § 10807

Legal actions

Ch. 114 — PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS
Title 42 U.S.C. ● ACTIVE Primary Source Ch. 114
Statutory Text

42 U.S.C. § 10807 — Legal actions

U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE 42 U.S.C. United States Code, 2023 Edition Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 114 - PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS SUBCHAPTER I - PROTECTION AND ADVOCACY SYSTEMS Part A - Establishment of Systems Sec. 10807 - Legal actions From the U.S. Government Publishing Office, www.gpo.gov

§10807. Legal actions

(a) Prior to instituting any legal action in a Federal or State court on behalf of a 1 individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804(a) of this title, shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action. (b) Subsection (a) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.

(Pub. L. 99–319, title I, §107, May 23, 1986, 100 Stat. 482; Pub. L. 102–173, §10(1), Nov. 27, 1991, 105 Stat. 1219.)

Editorial Notes

Amendments 1991—Pub. L. 102–173 substituted "individual with mental illness" for "mentally ill individual" in subsecs. (a) and (b).

1 So in original. Probably should be "an".

Source: uscode.house.gov — public domain Official Source ↗
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