**(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.
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Stable record: federal_law:legal_authorities:record_usc_632c173e396d30871cc2c849 Source file: Laws/federal/codes/united-states-code/title-42/section-10801-congressional-findings-and-statement-of-purpose--0bb6ec375e.md Pages: Not recorded – Not recorded Passage SHA-256: f23a919cdeb33832a0f870bdf2314418f4c06bbf75d93017a956172b0de4883f Retained source evidence SHA-256: e7b57f0a4a11e60e3bb5fc93a3a0366dca2a8d9f18e3e401f9bafa9a6cda0aa3
Source location: Title 42, Chapter 114, § 10801; chapter-114-protection-and-advocacy-for-individuals-with-mental-illness.md
Stored source content
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 10801. Congressional findings and statement of
purpose
(a) The Congress finds that—
(1) individuals with mental illness are vul-
nerable to abuse and serious injury;
(2) family members of individuals with men-
tal illness play a crucial role in being advo-
cates 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 indi-
viduals are legally incompetent and the legal
guardians, conservators, or other legal rep-
resentatives are members of the family;
(3) individuals with mental illness are sub-
ject 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 individ-
uals 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 ne-
glect 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 Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), was in the
original ‘‘this Act’’, meaning Pub. L. 99–319, May