42 U.S.C. § 10821 | Applications

(a)

Submission for allotment; contents

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)

section 10804(a) of this title assurances that such system, and any State agency or nonprofit organization with which such system may enter into a contract under , 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) 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.

Pub. L. 99–319, title I, § 111May 23, 1986100 Stat. 482 Pub. L. 100–509, § 7(d)Oct. 20, 1988102 Stat. 2545 Pub. L. 102–173Nov. 27, 1991105 Stat. 1218 Pub. L. 102–321, title I, § 163(c)(3)(A)July 10, 1992106 Stat. 377(, , ; , , ; , §§ 7, 10(2), , , 1219; , , .)

Editorial Notes

Amendments

Pub. L. 102–3211992—Subsec. (c). substituted “4-year” for “3-year” in two places.

Pub. L. 102–173, § 10(2)1991—Subsec. (a)(1). , substituted “individuals with mental illness” for “mentally ill individuals”.

Pub. L. 102–173Subsec. (a)(2). , §§ 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”.

Pub. L. 102–173, § 7(2)Subsecs. (b), (c). , (3) added subsec. (b) and redesignated former subsec. (b) as (c).

Pub. L. 100–5091988— designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–321Oct. 1, 1992Pub. L. 102–321 section 236 of this titleAmendment by effective , with provision for programs providing financial assistance, see section 801(c), (d) of , set out as a note under .