§10804. Use of allotments — Inbound Citations
42 U.S.C. § 10804
Cited by 3 provisions in release 119-102.
Citations to §10804(a)
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(a) Prior to instituting any legal action in a Federal or State court on behalf of a1 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.
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(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
Citations to §10804(d)
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(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.