Page:United States Statutes at Large Volume 100 Part 1.djvu/515

 PUBLIC LAW 99-319—MAY 23, 1986

100 STAT. 479

(D) the use of bodily or chemical restraints on a mentally ill individual which is not in compliance with Federal and State laws and regulations. (2) The term "eligible system" means the system established in a State to protect and advocate the rights of persons with developmental disabilities under part C of the Developmental Disabilities Assistance and Bill of Rights Act. (3) The term "mentally ill individual" means an individual— (A) who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and (B) who is an inpatient or resident in a facility rendering care or treatment. (4) The term "neglect" means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment which caused or may have caused injury to a mentally ill individual or which placed a mentally ill individual at risk of injury, and includes an act or omission such as the failure to establish or carry out an appropriate individual program plan or treatment plan for a mentally ill individual, the failure to provide adequate nutrition, clothing, or health care to a mentally ill individual, or the failure to provide a safe environment for a mentallv ill individual. (5) The term "Secretary means the Secretary of Health and Human Services. (6) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

42 USC 6061.

ALLOTMENTS

SEC. 103. The Secretary shall make allotments under this title to eligible systems to establish and administer systems— (1) which meet the requirements of section 105; and (2) which are designed to— (A) protect and advocate the rights of mentally ill individuals; 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.

42 USC 10803.

USE OF ALLOTMENTS

SEC. 104. (a)(1) An eligible system may use its allotment under this title to enter into contracts with State agencies and nonprofit organizations which operate throughout the State. In order to be eligible for a contract under this paragraph— (A) such an agency shall be independent of any agency which provides treatment or services (other than advocacy services) to mentally ill individuals; and (B) such an agency or organization shall have the capacity to protect and advocate the rights of mentally ill individuals. (2) In carrying out paragraph (1), an eligible system should consider entering into contracts with organizations which, on the date of enactment of this Act, provide protection or advocacy services to mentally ill individuals.

contracts. State and local governments. 42 USC 10804.

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