(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.
This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 99–319, May 23, 1986, 100 Stat. 478, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
1991—Subsec. (a). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places.
Subsec. (a)(2) to (4). Pub. L. 102–173, § 3, added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (b). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places.
Pub. L. 99–319, § 1,May 23, 1986, 100 Stat. 478, as amended by Pub. L. 106–310, div. B, title XXXII, § 3206(a),Oct. 17, 2000, 114 Stat. 1193, provided that: “This Act [enacting this chapter and section
247a of this title and enacting provisions set out as a note below] may be cited as the ‘Protection and Advocacy for Individuals with Mental Illness Act’.”
Supersedure of Balanced Budget Provisions
Section 402 ofPub. L. 99–319provided that: “This Act [see Short Title note above] shall not be construed as superseding any of the balanced budget provisions set forth in section 3(7) of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 622(7)].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.