Page:United States Statutes at Large Volume 100 Part 1.djvu/514

 100 STAT. 478

PUBLIC LAW 99-319—MAY 23, 1986

Public Law 99-319 99th Congress An Act May 23, 1986 [S. 974] Protection and Advocacy for Mentally 111 Individuals Act of 1986. 42 USC 10801 note.

To provide for protection and advocacy for mentally ill individuals, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Protection and Advocacy for Mentally 111 Individuals Act of 1986". TITLE I—PROTECTION AND ADVOCACY SYSTEMS PART A—ESTABLISHMENT OP SYSTEMS FINDINGS AND PURPOSE

42 USC 10801.

State and local governments.

SEC. 101. (a) The Congress finds that— (1) mentally ill individuals are vulnerable to abuse and serious injury; (2) mentally ill individuals are subject to neglect, including lack of treatment, adequate nutrition, clothing, health care, and adequate discharge planning; and (3) State systems for monitoring compliance with respect to the rights of mentally ill individuals vary widely and are frequently inadequate. (b) The purposes of this Act are— (1) to ensure that the rights of mentally ill individuals are protected; and (2) to assist States to establish and operate a protection and advocacy system for mentally ill individuals 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 mentally ill individuals if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred. DEFINITIONS

42 USC 10802.

SEC. 102. For purposes of this title: (1) The term "abuse" means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury to a mentally ill individual, and includes acts such as— (A) the rape or sexual assault of a mentally ill individual; (B) the striking of a mentally ill individual; (C) the use of excessive force when placing a mentally ill individual in bodily restraints; and

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