[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 42CFR51.31]



[Page 158-159]

 

                         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.  51.31  Conduct of protection and advocacy activities.





    (a) Consistent with State and Federal law and the canons of 

professional ethics, a P&A system may use any appropriate technique and 

pursue administrative, legal or other appropriate remedies to protect 

and advocate on behalf of individuals with mental illness to address 

abuse, neglect or other violations of rights.

    (b) A P&A system shall establish policies and procedures to guide 

and coordinate advocacy activities. The P&A system shall not implement a 

policy or practice restricting the remedies which may be sought on 

behalf of individuals with mental illness or compromising the authority 

of the P&A system to pursue such remedies through litigation, legal 

action or other forms of advocacy. However, this requirement does not 

prevent the P&A system from placing limitations on case or client 

acceptance criteria developed as part of the annual priorities. 

Prospective clients must be informed of any such limitations at the time 

they request service.

    (c) Wherever possible, the program should establish an ongoing 

presence in residential mental health care or treatment facilities, and 

relevant hospital units.

    (d) Program activities should be carried out in a manner which 

allows program staff to:



[[Page 159]]



    (1) Interact regularly with those individuals who are current or 

potential recipients of protection and advocacy services;

    (2) Interact regularly with staff providing care or treatment;

    (3) Obtain information and review records; and

    (4) Communicate with family members, social and community service 

workers and others involved in providing care or treatment.

    (e) A P&A system may support or provide training, including related 

travel expenses, for individuals with mental illness, family members of 

such individuals, and other persons who are not program staff, 

contractors, or board or council members, to increase knowledge about 

protection and advocacy issues, to enhance leadership capabilities, or 

to promote Federal-State and intra-State cooperation on matter related 

to mental health system improvement. Decisions concerning the selection 

of individuals to receive such training shall be made in accordance with 

established policies, procedures and priorities of the P&A system.

    (f) A P&A system may monitor, evaluate and comment on the 

development and implementation of Federal, State and local laws, 

regulations, plans, budgets, levies, projects, policies and hearings 

affecting individuals with mental illness as a part of federally funded 

advocacy activities. A P&A system shall carry out systemic advocacy--

those efforts to implement changes in policies and practices of systems 

that impact persons with mental illness.

    (g) Determination of ``probable cause'' may result from P&A system 

monitoring or other activities, including observation by P&A system 

personnel, and reviews of monitoring and other reports prepared by 

others whether pertaining to individuals with mental illness or to 

general conditions affecting their health or safety.

    (h) A P&A which is a public P&A system shall be free from hiring 

freezes, reductions in force, prohibitions on staff travel, or other 

policies imposed by the State to the extend that such policies would 

impact program staff or activities funded with Federal dollars and would 

prevent the P&A system from carrying out its mandates under the Act.

    (i) A P&A system may exercise its authority under State law where 

the authority exceeds the authority required by the Act. However, State 

law must not diminish the required authority of the Act.