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42 U.S. Code § 10802. Definitions
For purposes of this subchapter:(1) The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a [1] individual with mental illness, and includes acts such as—
(A)
the rape or sexual assault of a 1 individual with mental illness;
(B)
the striking of a 1 individual with mental illness;
(C)
the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and
(D)
the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.
(2)
The term “eligible system” means the system established in a State to protect and advocate the rights of persons with developmental disabilities under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.].