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
(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.].
(3) The term "facilities" may include, but need not be limited
to, hospitals, nursing homes, community facilities for
individuals with mental illness, board and care homes, homeless
shelters, and jails and prisons.
(4) The term "individual with mental illness" means, except as
provided in section 10804(d) of this title, an individual -
(A) who has a significant mental illness or emotional
impairment, as determined by a mental health professional
qualified under the laws and regulations of the State; and
(B)(i)(I) who is an inpatient or resident in a facility
rendering care or treatment, even if the whereabouts of such
inpatient or resident are unknown;
(II) who is in the process of being admitted to a facility
rendering care or treatment, including persons being
transported to such a facility; or"; (!2)
(III) who is involuntarily confined in a municipal detention
facility for reasons other than serving a sentence resulting
from conviction for a criminal offense; or
(ii) who satisfies the requirements of subparagraph (A) and
lives in a community setting, including their own home.
(5) The term "neglect" means a negligent act or omission by any
individual responsible for providing services in a facility
rendering care or treatment which caused or may have caused
injury or death to a (!1) individual with mental illness or which
placed a (!1) individual with mental illness at risk of injury or
death, and includes an act or omission such as the failure to
establish or carry out an appropriate individual program plan or
treatment plan for a (!1) individual with mental illness, the
failure to provide adequate nutrition, clothing, or health care
to a (!1) individual with mental illness, or the failure to
provide a safe environment for a (!1) individual with mental
illness, including the failure to maintain adequate numbers of
appropriately trained staff.
(6) The term "Secretary" means the Secretary of Health and
(7) The term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Islands, American Samoa, the
Virgin Islands, and the Trust Territory of the Pacific Islands.
(8) The term "American Indian consortium" means a consortium
established under part C of the Developmental Disabilities
Assistance and Bill of Rights Act (!3) (42 U.S.C. 6042 et seq.).