[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: 42CFR51.32]



[Page 159]

 

                         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 C_Protection and Advocacy Services

 

Sec. 51.32  Resolving disputes.



    (a) Each P&A system is encouraged to develop and employ techniques 

such as those involving negotiation, conciliation and mediation to 

resolve disputes early in the protection and advocacy process.

    (b) Disputes should be resolved whenever possible through 

nonadversarial process involving negotiation, mediation and 

conciliation. Consistent with State and Federal laws and canons of 

professional responsibility, family members should be involved in this 

process, as appropriate, where the individual with mental illness is:

    (1) A minor,

    (2) Legally competent and chooses to involve the family member, or

    (3) Legally incompetent and the legal guardian, conservator or other 

legal representative is a family member or the legal guardian, 

conservator or other legal representative chose to involve the family 

member.

    (c) A P&A system must exhaust in a timely manner all administrative 

remedies, where appropriate, prior to initiating legal action in a 

Federal or State court.

    (d) Paragraph (c) of this section does not apply to any legal action 

instituted to prevent or eliminate imminent serious harm to an 

individual with mental illness nor does it apply in circumstances where 

administrative procedures do not exist. If in pursing administrative 

remedies, the P&A system determines that any matter with respect to an 

individual with mental illness with mental illness with not be resolved 

within a reasonable time, the P&A system may pursue alternative 

remedies, including initiating legal action.

    (e) A P&A system shall be held to the standard of exhaustion of 

remedies provided under State and Federal law. The Act imposes no 

additional burden respecting exhaustion of remedies.



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