Page:United States Statutes at Large Volume 100 Part 1.djvu/516

 100 STAT. 480

PUBLIC LAW 99-319—MAY 23, 1986

(b)(l) If an eligible system is a public entity, the government of the State in which the system is located may not require the system to obligate more than 5 percent of its allotment under this title in any fiscal year for administrative expenses. (2) An eligible system may not use more than 5 percent of any allotment under this title for any fiscal year for the costs of providing technical assistance and training to carry out this title. SYSTEM REQUIREMENTS

State and local governments. 42 USC 10805.

42 USC 1396.

SEC. 105. (a) A system established in a State under section 103 to protect and advocate the rights of mentally ill individuals shall— (1) have the authority to— (A) 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; (B) pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are receiving care or treatment in the State; and (C) pursue administrative, legal, and other remedies on behalf of an individual who— (i) was a mentally ill individual; and (ii) is a resident of the State, but only with respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care or treatment; (2) be independent of any agency in the State which provides treatment or services (other than advocacy services) to mentally ill individuals; (3) have access to facilities in the State providing care or treatment; (4) in accordance with section 106, have access to all records of— (A) any individual who is a client of the system if such individual, or the legal guardian, conservator, or other legal representative of such individual, has authorized the system to have such access; and (B) any individual— (i) who by reason of the mental or physical condition of such individual is unable to authorize the system to have such access; (ii) who does not have a legal guardian, conservator, or other legal representative, or for whom the legal guardian is the State; and (iii) with respect to whom a complaint has been received by the system or with respect to whom there is probable cause to believe that such individual has been subject to abuse or neglect; (5) have an arrangement with the Secretary and the agency of the State which administers the State plan under title XIX of the Social Security Act for the furnishing of the information required by subsection (b); (6) establish a board— (A) which will advise the system on policies and priorities to be carried out in protecting and advocating the rights of mentally ill individuals; and

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