Title 9, Family Law

Any privilege between husband and wife or between any professional persons, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, nursing homes, and their clients, shall not constitute grounds for e…

Any person, official, or institution participating in good faith in the removal of a maltreated adult pursuant to this chapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of such actions.

(a) A written report from persons or officials required to report under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident malt…

(a) (1) The probate division of circuit court shall have jurisdiction over proceedings for:(A) Custody;(B) Temporary custody for purposes of evaluation;(C) Less-than-custody;(D) Court-ordered protective services; or(E) An order of investigation under this chapter.(2) The probate …

(a) Proceedings shall be commenced by filing a petition with the clerk of the probate division of circuit court. (b) Only the Department of Human Services may file a petition seeking ex parte emergency relief. (c) No fees may be charged or collected by the clerk in cases brought …

(1) A petition shall set forth the following:(1) The name, address, and if known, the date of birth of the maltreated adult who shall be designated as the respondent;(2) The maltreated adult's current location;(3) The name and address of the maltreated adult's closest adult relat…

(a) All maltreated adults named as the respondent shall be served with a copy of the petition under the Arkansas Rules of Civil Procedure. (b) The Department of Human Services shall provide immediate notice of the date, time, and location of the probable cause hearing to:(1) The …

(a) Any adult may request voluntary protective placement under this chapter. (b) No civil rights are relinquished as a result of voluntary protective placement. (c) Procedures for hearings under this chapter shall be followed with regard to voluntary protective placement.

(a) The Department of Human Services may petition the circuit court for an order of temporary custody for the purpose of having an adult evaluated if during the course of an investigation under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq.,…

(a) The Department of Human Services or a law enforcement official may take a maltreated adult into emergency custody, or any person in charge of a hospital or similar institution or any physician treating any maltreated adult may keep the maltreated adult in custody, whether or …

(a) (1) If there is probable cause to believe that immediate emergency custody is necessary to protect a maltreated adult, the probate division of circuit court shall issue an ex parte order for emergency custody to protect the maltreated adult.(2) If there is probable cause to b…

(a) (1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist.(2) The court may hold a probable cause hearing anywhere …

(a) (1) A hearing for long-term custody or court-ordered protective services shall be held no later than thirty (30) days after the date of the probable cause hearing or the date the order for emergency custody was signed.(2) However, the probate division of circuit court may ext…

(a) The Department of Human Services shall periodically review the case of an adult in the custody of the department, but not less often than one (1) time every six (6) months. (b) The circuit court shall review the case of an adult in the custody of the department, either formal…

(a) (1) The probate division of circuit court may enter orders as needed to identify, secure, and protect the assets of any adult in the custody of the Department of Human Services or any maltreated adult receiving court-ordered protective services from the department.(2) If the …

(a) (1) If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall:(A) Secure care and maintenance for the person;(B) Honor any advance directives, such as living wills, if the legal docume…

(a) Reports, correspondence, memoranda, case histories, medical records, or other materials, including protected health information, compiled or gathered by the Department of Human Services regarding a maltreated adult in the custody of the department or receiving protective serv…

(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may:(1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions reg…

(a) (1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103…

(a) The Department of Human Services shall:(1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court;(2) (A) Include an affidavit from the attending physician of the respondent when the request for court approval…