42 USC § 10807 - Legal actions | Title 42 - The Public Health and Welfare | U.S. Code

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Current through Pub. L. 112-238. (See Public Laws for the current Congress.)

(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”.

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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).

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 Thursday, March 28, 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.

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Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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Refer to the Thomas site for changes that have not yet made it into the classification tables.

42 USC	Description of Change	Session Year	Public Law	Statutes at Large

42 USC § 10807 - Legal actions

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