Protection and Advocacy for Individuals with Mental Illness

To enable the expansion of the Protection and Advocacy system established in each State to: (1) Protect and advocate the rights of individuals with mental illness; (2) 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; (3)investigate incidents of serious injury and deaths in public and private care and treatment facilities and non-medical community-based facilities for children and youth; and (4) to receive reports of all serious injuries and deaths related to incidents of seclusion and restraint in public and private care and treatment facilities in the States and Territories.

Agency - Department of Health and Human Services

The Department of Health and Human Services is the Federal government's principal agency for protecting the health of all Americans and providing essential human services, especially to those who are least able to help themselves.

Website Address

Program Accomplishments


Uses and Use Restrictions

Funds may be used to assist in meeting the costs of planning, developing, expanding, and implementing activities to support attainment of the protection and advocacy goals.

Grant funds must supplement, not supplant, nonfederal funds available in the State in which the protection and advocacy system is established.

Not more than 10 percent of an allotment can be used for providing technical assistance and training for staff, and a system which is a public entity cannot be required by the State to obligate more than 5 percent of the allotment for administrative expenses.

Eligibility Requirements

Applicant Eligibility

State and local government agencies, public or private organizations designated by the Governor under Part C of the Developmental Disabilities Assistance and Bill of Rights Acts as systems to protect and advocate the rights of persons with developmental disabilities in that State.

Beneficiary Eligibility

Individuals with significant mental illness or severe emotional impairment (children) who are at risk for abuse, neglect, or civil rights violations while residing in care or treatment facilities have service priority. Persons with significant mental illness and severe emotional impairment living in the community, including their own home, may be served as determined by their state protection and advocacy systems PAIMI program funded priorities and objectives and available resources. includes persons who are in the process of being admitted to a facility rendering care or treatment, persons being transported to such a facility, or persons who are involuntarily confined in a municipal detention facility, jails, or prisons.


Costs will be determined in accordance with OMB Circular No. A-87 for State and local governments. For other grantees, costs will be determined in accordance with HHS Regulations 45 CFR Part 74, Subpart Q.

Aplication and Award Process

Preapplication Coordination

Not applicable.

This program is excluded from coverage under E.O.


Application Procedures

An annual application is required in accordance with 42CFR Part 51.

Award Procedures

Grants are directly awarded by the Center for Mental Health Services to the system established in the State to protect and advocate the rights of persons with developmental disabilities, as outlined in the "Developmental Disabilities Assistance and Bill of Rights Act of 2000", as amended October 30, 2000 by Public Law 106-420 (45 USC 6041 et seq.) .


Contact Headquarters Office for application deadlines.


Protection and Advocacy for Individuals with Mental Illness Act of 1986, 42 U.S.C. 10801, et seq., as amended; Public Health Services Act, Title V, 42 U.S.C. 290aa, et seq; Developmental Disabilities Assistance and Bill of Rights Act, as amended, October 30, 2000, 42 U.S.C. 6041 et seq.

Range of Approval/Disapproval Time






Assistance Considerations

Formula and Matching Requirements

Formula provisions are stated in the authorizing Act, Public Law 106-420, at Section 112. Allotments are based equally on each State's population and each State's population weighted by relative per capital income except that no State's allotment (including the District of Columbia and the Commonwealth of Puerto Rico) will be less than $260,000 and no U.S. Territory's allotment will be less than $139,300.

Length and Time Phasing of Assistance

Each allotment is available for obligation over a 24-month period; payments are made through an Electronic Transfer System.

Post Assistance Requirements


By January 1, an annual report must be submitted in accordance with the requirements stated in the authorizing Act (Public Law 106-420) at Section 105(a) (7) and Section 114.

Financial status reports are required annually within 90 days after grant period until all funds are liquidated.


In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Nonprofit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. In addition, 45 CFR 74.26 requires that for-profit recipients and subrecipients have an audit performed in accordance with Government Auditing Standards or Circular No. A-133.


Records must be retained for at least 3 years after the date of submission of required financial status reports.

Financial Information

Account Identification



(Grants) FY 07 33,320,000; FY 08 $33,320,000; and FY 09 est not reported.

Range and Average of Financial Assistance

$215,800 to $2,999,964; $584,561.

Regulations, Guidelines, and Literature

HHS Grants Policy Statement, 45 CFR 1386 Subpart B (DD regulations) and 42 CFR 51 (PAIMI regulations), Notice of Proposed Rulemaking FR 59739: 64367ff, Dec. 14, 1994, 45 CFR 92 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; 45 CFR 74 Uniform Administrative Requirements for Awards and Subawards to Institutions of Higher Education, Hospitals, Other Nonprofit Organizations, and Commercial Organizations.

Information Contacts

Regional or Local Office


Headquarters Office

Program Contact: Ms. Karen S. Armstrong, Program Officer, Protection and Advocacy Program, Division of State and Community Systems Development, Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services, 1 Choke Cherry Road, Rockville, MD 20857. Telephone: (240) 276-1741. Grants Management Contact: LouEllen M. Rice, Grants Management Officer, Division of Grants Management, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services, Room 7-1091, 1 Choke Cherry Road, Rockville, MD 20857. Telephone: (240) 276-1404. Use the same numbers for FTS.

Criteria for Selecting Proposals

Applications for allotments must fulfill statutory requirements.

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