42 USC 10807: Legal actions
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42 USC 10807: Legal actions Text contains those laws in effect on December 2, 2024
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 114-PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESSSUBCHAPTER I-PROTECTION AND ADVOCACY SYSTEMSPart A-Establishment of Systems
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§10807. Legal actions

(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) does not apply to any legal action instituted to prevent or eliminate imminent serious harm to a 1 individual with mental illness.

( 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 .)


Editorial Notes

Amendments

1991-Pub. L. 102–173 substituted "individual with mental illness" for "mentally ill individual" in subsecs. (a) and (b).

1 So in original. Probably should be "an".