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LegalText 42 U.S.C. § 10821 Applications us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 114 PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS 10821 42 U.S.C. § 10821 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s10821 data/legal/raw/us/code/title-42/usc42.xml 4d10a932f8eaa1b416373c9c93745d9b56e27327396751651331c1da7a370ee4 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 01b452afc91968de4a53d23a07699ddc92fd8bb45956a0af91d94d7c1d4733f2 2026-07-04 official
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42 U.S.C. § 10821 - Applications

Text

(a) Submission for allotment; contents No allotment may be made under this subchapter to an eligible system unless an application therefor is submitted to the Secretary. Each such application shall contain—

(1) assurances that amounts paid to such system from an allotment under this subchapter will be used to supplement and not to supplant the level of non-Federal funds available in the State in which such system is established to protect and advocate the rights of individuals with mental illness;

(2) assurances that such system will have a staff which is trained or being trained to provide advocacy services to individuals with mental illness and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members;

(3) assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under section 10804(a) of this title, will not, in the case of any individual who has a legal guardian, conservator, or representative other than the State, take actions which are duplicative of actions taken on behalf of such individual by such guardian, conservator, or representative unless such guardian, conservator, or representative requests the assistance of such system; and

(4) such other information as the Secretary may by regulation prescribe.

(b) Satisfaction of requirements regarding trained staff The assurance required under subsection (a)(2) regarding trained staff may be satisfied through the provision of training by individuals who have received or are receiving mental health services and family members of such individuals.

(c) Duration of applications and assurances Applications submitted under this section shall remain in effect for a 4-year period, and the assurances required under this section shall be for the same 4-year period.

(Pub. L. 99319, title I, § 111, May 23, 1986, 100 Stat. 482; Pub. L. 100509, § 7(d), Oct. 20, 1988, 102 Stat. 2545; Pub. L. 102173, §§ 7, 10(2), Nov. 27, 1991, 105 Stat. 1218, 1219; Pub. L. 102321, title I, § 163(c)(3)(A), July 10, 1992, 106 Stat. 377.)

Notes

Editorial Notes

Amendments1992—Subsec. (c). Pub. L. 102321 substituted “4-year” for “3-year” in two places. 1991—Subsec. (a)(1). Pub. L. 102173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”. Subsec. (a)(2). Pub. L. 102173, §§ 7(1), 10(2), substituted “individuals with mental illness” for “mentally ill individuals” and inserted before semicolon at end “and to work with family members of clients served by the system where the individuals with mental illness are minors, legally competent and do not object, and legally incompetent and the legal guardians, conservators, or other legal representatives are family members”. Subsecs. (b), (c). Pub. L. 102173, § 7(2), (3) added subsec. (b) and redesignated former subsec. (b) as (c). 1988—Pub. L. 100509 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 AmendmentAmendment by Pub. L. 102321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102321, set out as a note under section 236 of this title.