FEDERAL · 42 U.S.C. · Chapter SUBCHAPTER I—PROTECTION AND ADVOCACY SYSTEMS
Legal actions
42 U.S.C. § 10807
This text of 42 U.S.C. § 10807 (Legal actions) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
42 U.S.C. § 10807.
Text
(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.
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Source Credit
History
(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
Editorial Notes
Amendments
1991—Pub. L. 102–173 substituted "individual with mental illness" for "mentally ill individual" in subsecs. (a) and (b).
Amendments
1991—Pub. L. 102–173 substituted "individual with mental illness" for "mentally ill individual" in subsecs. (a) and (b).
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Bluebook (online)
42 U.S.C. § 10807, Counsel Stack Legal Research, https://law.counselstack.com/usc/42/10807.