[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: 42CFR51.7]



[Page 154-155]

 

                         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 A_Basic Requirements

 

Sec.  51.7  Eligibility for protection and advocacy services.



    In accordance with section 105(a)(1)(C) of the Act (42 U.S.C. 

10805(a)(1)(C)) and the priorities established by the P&A system 

governing authority, together with the advisory council, pursuant to 

section 105(c)(2)(B) of the Act (42 U.S.C. 10805(c)(2)(B)), allotments 

may be used:

    (a) To provide protection and advocacy services for:

    (1) Individuals with mental illness as defined in 42 U.S.C. 10802(4) 

and 10805(a), including persons who report matters which occurred while 

they were individuals with mental illness;

    (2) Persons who were individuals with mental illness who are 

residents of the



[[Page 155]]



State, but only with respect to matters which occur within 90 days after 

the date of the discharge of such individuals from a facility providing 

care or treatment; and

    (3) Individuals with mental illness in Federal facilities rendering 

care or treatment who request representation by the eligible P&A system. 

Representation may be requested by an individual with mental illness, or 

by a legal guardian, conservator or legal representative.

    (b) To provide representation of clients in civil commitment 

proceedings if the P&A system is acting on behalf of an eligible 

individual to obtain judicial review of his or her commitment in order 

to appeal or otherwise challenge acts or omissions which have subjected 

the individual to abuse or neglect or otherwise violated his or her 

rights. This restriction does not prevent a P&A system from representing 

clients in commitment or recommitment proceedings using other resources 

so long as this representation does not conflict with responsibilities 

under the Act.