42 U.S. Code § 10807 - Legal actions

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(a) Prior to instituting any legal action in a Federal or State court on behalf of a  [1] individual with mental illness, an eligible system, or a State agency or nonprofit organization which entered into a contract with an eligible system under section 10804 (a) of this title, shall exhaust in a timely manner all administrative remedies where appropriate. If, in pursuing administrative remedies, the system, agency, or organization determines that any matter with respect to such individual will not be resolved within a reasonable time, the system, agency, or organization may pursue alternative remedies, including the initiation of a legal action.
(b) Subsection (a) of this section does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a  [1] individual with mental illness.


[1]  So in original. Probably should be “an”.

Source

(Pub. L. 99–319, title I, § 107,May 23, 1986, 100 Stat. 482; Pub. L. 102–173, § 10(1),Nov. 27, 1991, 105 Stat. 1219.)
Amendments

1991—Pub. L. 102–173substituted “individual with mental illness” for “mentally ill individual” in subsecs. (a) and (b).

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42 USCDescription of ChangeSession YearPublic LawStatutes at Large

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42 CFR - Public Health

42 CFR Part 51 - REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS PROGRAM

 

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