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) of this section 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.
1992—Subsec. (c). Pub. L. 102–321substituted “4-year” for “3-year” in two places.
1991—Subsec. (a)(1). Pub. L. 102–173, § 10(2), substituted “individuals with mental illness” for “mentally ill individuals”.
Subsec. (a)(2). Pub. L. 102–173, §§ 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. 102–173, § 7(2), (3) added subsec. (b) and redesignated former subsec. (b) as (c).
1988—Pub. L. 100–509designated existing provisions as subsec. (a) and added subsec. (b).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–321effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) ofPub. L. 102–321, set out as a note under section
236 of this title.
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
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Description of Change
Statutes at Large
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