42 U.S.C. § 10804
Section 10804 · Use of allotments
Amended 4 times on record
Applied in 12 court decisions — leading case Indiana Protection & Advocacy Services v. Indiana Family & Social Services Administration (2010)
Most recently applied in Hawai'i Disability Rights Cent v. Christina Kishimoto (November 2024)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) An eligible system may use its allotment under this subchapter to enter into contracts with State agencies and nonprofit organizations which operate throughout the State. In order to be eligible for a contract under this paragraph—
(A) such an agency shall be independent of any agency which provides treatment or services (other than advocacy services) to individuals with mental illness; and
(B) such an agency or organization shall have the capacity to protect and advocate the rights of individuals with mental illness.
(2) In carrying out paragraph (1), an eligible system should consider entering into contracts with organizations including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which,1 provide protection or advocacy services to individuals with mental illness.
(1) If an eligible system is a public entity, the government of the State in which the system is located may not require the system to obligate more than 5 percent of its allotment under this subchapter in any fiscal year for administrative expenses.
(2) An eligible system may not use more than 10 percent of any allotment under this subchapter for any fiscal year for the costs of providing technical assistance and training to carry out this subchapter.
An eligible system may use its allotment under this subchapter to provide representation to individuals with mental illness in Federal facilities who request representation by the eligible system. Representatives of such individuals from such system shall be accorded all the rights and authority accorded to other representatives of residents of such facilities pursuant to State law and other Federal laws.
The definition of “individual with a mental illness” contained in section 10802(4)(B)(iii) of this title shall apply, and thus an eligible system may use its allotment under this subchapter to provide representation to such individuals, only if the total allotment under this subchapter for any fiscal year is $30,000,000 or more, and in such case, an eligible system must give priority to representing persons with mental illness as defined in subparagraphs (A) and (B)(i) of section 10802(4) of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2000—Subsec. (d). Pub. L. 106–310 added subsec. (d).
1991—Subsec. (a). Pub. L. 102–173, §10(2), substituted “individuals with mental illness” for “mentally ill individuals” in three places.
Subsec. (c). Pub. L. 102–173, §5, added subsec. (c).
1988—Subsec. (a)(2). Pub. L. 100–509, §7(a), substituted “including, in particular, groups run by individuals who have received or are receiving mental health services, or the family members of such individuals, which” for “which, on May 23, 1986”.
Subsec. (b)(2). Pub. L. 100–509, §7(b)(1), substituted “10” for “5”.