Title 9 — Family Law
32 chapters · 940 sections in this title.
Ark. Code Ann. § 9-20-101 Title
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This chapter shall be known and may be cited as the “Adult Maltreatment Custody Act”.
Ark. Code Ann. § 9-20-102 Purpose
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(1) The purposes of this chapter are to:(1) Protect a maltreated adult or long-term care facility resident who is in imminent danger; and(2) Encourage the cooperation of state agencies and private providers in the service delivery system for maltreated adults. (1) Protect a maltr…
Ark. Code Ann. § 9-20-103 Definitions
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(1) As used in this chapter:(1) (A) “Abuse” means with regard to any long-term care facility resident or any person who is at the Arkansas State Hospital an act by a caregiver that falls into any of the following categories:(i) Any intentional and unnecessary physical act that in…
Ark. Code Ann. § 9-20-104 Spiritual treatment alone not abusive
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Nothing in this chapter implies that an endangered adult or impaired adult who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner ther…
Ark. Code Ann. § 9-20-105 Privilege not grounds for exclusion of evidence
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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…
Ark. Code Ann. § 9-20-106 Immunity for investigation participants
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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.
Ark. Code Ann. § 9-20-107 Reports as evidence
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(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…
Ark. Code Ann. § 9-20-108 Jurisdiction — Venue — Eligibility
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(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 …
Ark. Code Ann. § 9-20-109 Commencement of proceedings
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(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 …
Ark. Code Ann. § 9-20-110 Petition
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(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…
Ark. Code Ann. § 9-20-111 Notification
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(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 …
Ark. Code Ann. § 9-20-112 Voluntary protective placement
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(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.
Ark. Code Ann. § 9-20-113 Evaluations
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(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.,…
Ark. Code Ann. § 9-20-114 Emergency custody
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(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 …
Ark. Code Ann. § 9-20-115 Emergency orders
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(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…
Ark. Code Ann. § 9-20-116 Probable cause hearing
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(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 …
Ark. Code Ann. § 9-20-117 Long-term custody and court-ordered protective services hearings
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(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…
Ark. Code Ann. § 9-20-118 Review hearings
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(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…
Ark. Code Ann. § 9-20-119 Assets of a maltreated adult
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(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 …
Ark. Code Ann. § 9-20-120 Duties and responsibilities of custodian
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(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…
Ark. Code Ann. § 9-20-121 Availability of custody and protective services records
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(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…
Ark. Code Ann. § 9-20-122 Evaluation of prospective guardians
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(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…
Ark. Code Ann. § 9-20-123 Rights of relatives
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(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…
Ark. Code Ann. § 9-20-124 Consideration of issues requiring court approval
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(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…