42 U.S. Code § 10807 - Legal actions

prev | next
(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).

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


42 CFR - Public Health

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

 

LII has no control over and does not endorse any external Internet site that contains links to or references LII.