[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR51.21]



[Page 155-156]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51_REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR 

INDIVIDUALS WITH MENTAL ILLNESS PROGRAM--Table of Contents

 

             Subpart B_Program Administration and Priorities

 

Sec. 51.21  Contracts for program operations.





    (a) An eligible P&A system should work cooperatively with existing 

advocacy agencies and groups and, where appropriate, consider entering 

into contracts for protection and advocacy services with organizations 

already working on behalf of individuals with metal illness. Special 

consideration should be given to contracting for the services of groups 

run by individuals who have received or are receiving mental health 

services or by family members of such individuals.

    (b) An eligible P&A system may contract for the operation of all or 

part of its program with another public or private nonprofit 

organization with demonstrated experience in working with individuals 

with mental illness provided that:

    (1) Any organization that will operate the full program meets the 

requirements of section 104(a)(1), 105 and 111 of the Act (42 U.S.C. 

10804(a)(1), 10805 and 10821) and has the capacity to perform protection 

and advocacy activities throughout the State;

    (2) The eligible P&A system institutes oversight and monitoring 

procedures which ensure that this system will be able to meet all 

applicable terms, conditions and obligations of the Federal grant;

    (3) The eligible P&A system and the contractor organization enter 

into a written agreement that includes at least the following:

    (i) A description of the protection and advocacy services to be 

provided;



[[Page 156]]



    (ii) The type of personnel, their qualifications and training;

    (iii) The methods to be used;

    (iv) A timetable for performance;

    (v) A budget;

    (vi) Assurances that the contractor will meet all applicable terms 

and conditions of the grant;

    (vii) Assurances that the contractor has adequate management and 

fiscal systems in place, including insurance coverage, if appropriate:

    (viii) Assurances that the contractor's staff is trained to provide 

advocacy services to and conduct full investigations on behalf of 

individuals with mental illness; and

    (ix) Assurances that the contractor staff is trained to work with 

family members of clients served by the P&A system where the clients 

are:

    (A) Minors;

    (B) Legally competent and choose to involve the family member; or,

    (C) Legally incompetent and the legal guardians, conservators or 

other legal representatives are family members.