42 U.S.C. § 10802 : US Code - Section 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.].
        (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
      Human Services.
        (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.).