§ 10802. Definitions
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/usc/title-42/section-10802A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this subchapter:
(1)The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a 1 individual with mental illness, and includes acts such as—
(A)the rape or sexual assault of a 1 individual with mental illness;
(B)the striking of a 1 individual with mental illness;
(C)the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and
(D)the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.
(2)The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.].
(3)The term “facilities” may include, but need not be limited to, hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons.
(4)The term “individual with mental illness” means, except as provided in section 10804(d) of this title, an individual—
(A)who has a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the State; and
(I)who is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of such inpatient or resident are unknown;
(II)who is in the process of being admitted to a facility rendering care or treatment, including persons being transported to such a facility; or”; 2
(III)who is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense; or
(ii)who satisfies the requirements of subparagraph
(A)and lives in a community setting, including their own home.
(5)The term “neglect” means a negligent act or omission by any individual responsible for providing services in a facility rendering care or treatment which caused or may have caused injury or death to a 1 individual with mental illness or which placed a 1 individual with mental illness at risk of injury or death, and includes an act or omission such as the failure to establish or carry out an appropriate individual program plan or treatment plan for a 1 individual with mental illness, the failure to provide adequate nutrition, clothing, or health care to a 1 individual with mental illness, or the failure to provide a safe environment for a 1 individual with mental illness, including the failure to maintain adequate numbers of appropriately trained staff.
(6)The term “Secretary” means the Secretary of Health and Human Services.
(7)The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
(8)The term “American Indian consortium” means a consortium established under part C of the Developmental Disabilities Assistance and Bill of Rights Act 3 (42 U.S.C. 6042 et seq.).
(Pub. L. 99–319, title I, § 102, May 23, 1986, 100 Stat. 478; Pub. L. 100–509, § 3, Oct. 20, 1988, 102 Stat. 2543; Pub. L. 102–173, §§ 4, 10(1), Nov. 27, 1991, 105 Stat. 1217, 1219; Pub. L. 106–310, div. B, title XXXII, § 3206(b), Oct. 17, 2000, 114 Stat. 1194; Pub. L. 106–402, title IV, § 401(b)(13)(A), Oct. 30, 2000, 114 Stat. 1739.)
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public-private-law
- Public Law 116-260Consolidated Appropriations Act, 2021
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 117-328Consolidated Appropriations Act, 2023
- Public Law 114-113Consolidated Appropriations Act, 2016
- Public Law 116-94Further Consolidated Appropriations Act, 2020
- Public Law 115-31Consolidated Appropriations Act, 2017
- Public Law 117-103Consolidated Appropriations Act, 2022
- Public Law 115-245Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019
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- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
- Public Law 115–245Making consolidated appropriations for the Departments of Defense, Labor, Health and Human Services, and Education, and Related Agencies for the fiscal year ending September 30, 2019, and for other purposes
- Public Law 99–319To provide for protection and advocacy for mentally ill individuals, and for other purposes
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 102–173To amend the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to reauthorize programs under such Act, and for other purposes
- Public Law 114–113Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes
- Public Law 117–103Making consolidated appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 105–220To consolidate, coordinate, and improve employment, training, literacy, and vocational rehabilitation programs in the United States, and for other purposes
- Public Law 116–94Making further consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 117–328Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes
- Public Law 100–509To amend the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to reauthorize such Act, and for other purposes
- Public Law 106–310To amend the Public Health Service Act with respect to children’s health
- Public Law 106–402To improve service systems for individuals with developmental disabilities, and for other purposes
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28 references not yet in our index
- 1
- 2
- 3
- 42 U.S.C. 6042
- Pub. L. 99–319, title I, § 102
- 100 Stat. 478
- Pub. L. 100–509, § 3
- 102 Stat. 2543
- Pub. L. 102–173
- 105 Stat. 1217
- Pub. L. 106–310, div. B, title XXXII, § 3206(b)
- 114 Stat. 1194
- Pub. L. 106–402, title IV, § 401(b)(13)(A)
- 114 Stat. 1739
- Pub. L. 106–402
- 114 Stat. 1677
- Pub. L. 88–164
- Pub. L. 98–527, § 2
- 98 Stat. 2662
- Pub. L. 106–402, title IV, § 401(a)
- 114 Stat. 1737
- Pub. L. 106–310, § 3206(b)(1)(A)
- Pub. L. 106–310, § 3206(b)(1)(B)
- Pub. L. 106–310, § 3206(b)(2)
- Pub. L. 102–173, § 10(1)
- Pub. L. 100–509, § 3(1)
- Pub. L. 100–509, § 3(2)
- Pub. L. 100–509, § 3(3)
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§ 10802
Definitions
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Pub. L.×8
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U.S.C.×7
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Cite42 U.S.C. 6042
Pub. L.Pub. L. 99–319, title I, § 102
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