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42 U.S. Code § 10805. System requirements
(a) Authority; independent status; access to facilities and records; advisory council; annual report; grievance procedureA system established in a State under section 10803 of this title to protect and advocate the rights of individuals with mental illness shall—
(1) have the authority to—
(A)
investigate incidents of abuse and neglect of individuals with mental illness if the incidents are reported to the system or if there is probable cause to believe that the incidents occurred;
(B)
pursue administrative, legal, and other appropriate remedies to ensure the protection of individuals with mental illness who are receiving care or treatment in the State; and
(C) pursue administrative, legal, and other remedies on behalf of an individual who—
(i)
was a [1] individual with mental illness; and
(ii)
is a resident of the State,
but only with respect to matters which occur within 90 days after the date of the discharge of such individual from a facility providing care or treatment;
(2)
be independent of any agency in the State which provides treatment or services (other than advocacy services) to individuals with mental illness;
(3)
have access to facilities in the State providing care or treatment;
(4) in accordance with section 10806 of this title, have access to all records of—
(A)
any individual who is a client of the system if such individual, or the legal guardian, conservator, or other legal representative of such individual, has authorized the system to have such access;
(B) any individual (including an individual who has died or whose whereabouts are unknown)—
(i)
who by reason of the mental or physical condition of such individual is unable to authorize the system to have such access;
(ii)
who does not have a legal guardian, conservator, or other legal representative, or for whom the legal guardian is the State; and
(iii)
with respect to whom a complaint has been received by the system or with respect to whom as a result of monitoring or other activities (either of which result from a complaint or other evidence) there is probable cause to believe that such individual has been subject to abuse or neglect; and
(C) any individual with a mental illness, who has a legal guardian, conservator, or other legal representative, with respect to whom a complaint has been received by the system or with respect to whom there is probable cause to believe the health or safety of the individual is in serious and immediate jeopardy, whenever—
(i)
such representative has been contacted by such system upon receipt of the name and address of such representative;
(ii)
such system has offered assistance to such representative to resolve the situation; and
(iii)
such representative has failed or refused to act on behalf of the individual;