Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

(Senate agreed to House amendments with an amendment)

Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to redefine the terms "abuse" and "neglect" to include acts which result in the death of a mentally ill individual. Includes within such Act's coverage persons who are in the process of being admitted to a facility for care or treatment (including during transport to the facility) or who are involuntarily confined in a municipal detention facility for reasons other than a criminal conviction. States that "neglect" includes the failure to maintain adequate numbers of appropriately trained staff.

Requires that each system established in a State, under provisions of such Act, to protect and advocate the rights of mentally ill individuals have a governing authority. Sets forth requirements for the composition of certain State governing authorities. Makes an authority responsible for the planning, design, implementation, and functioning of the system and for developing, jointly with the system advisory council, the annual priorities of the system. Requires each system to include in its annual report to the Secretary of Health and Human Services a section prepared by the advisory council that describes the activities of the council and its assessment of the operations of the system.

Grants the system access to: (1) all records of any individual who has died or whose whereabouts are unknown; (2) reports prepared by any staff of a facility rendering care or treatment; (3) reports prepared by an agency charged with investigating reports of abuse, neglect, or injury; and (4) discharge planning records.

Encourages systems to consider subcontracting with: (1) groups run by individuals who are receiving mental health services; and (2) family members of the mentally ill.

Increases the percentage of funds which may be used by systems for training and technical assistance. Limits the percentage of appropriated funds which may be used by the Secretary to provide technical assistance for eligible systems.

Requires each eligible system to: (1) provide the public with an annual opportunity to comment on the priorities and activities of the system; and (2) establish a grievance procedure for clients and prospective clients of the system.

Requires that an application for an allotment for a protection and advocacy system, and the application's required assurances, remain in effect for three years.

Revises the formula for determination of the amount of allotments.

Authorizes appropriations for FY 1989 through 1991 for allotments under such Act.