Title 20, Public Health and Welfare

The imposition imposed under § 20-48-1002 shall not take effect or shall cease to be imposed if the imposition is determined to be an impermissible tax or not eligible for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(1) As used in this chapter:(1) (A) “Accredited nonprofit entity” means a nonprofit entity that:(i) Has successfully completed an ongoing accreditation process that is related to the delivery of services to adults with developmental disabilities and is offered by a national accre…

(1) It is the specific recommendation of the General Assembly that the Division of Developmental Disabilities Services of the Department of Human Services utilize Title XIX, social services block grant, and state grants-in-aid funds available to nonprofit community programs to se…

(a) The operation of the community-based Intermediate Care Facilities for Individuals with Intellectual Disabilities program will be subject to the oversight of a five-member committee composed of three (3) members of the House of Representatives to be appointed by the Speaker of…

(a) (1) The intent of this section is to avoid unnecessary duplication of costs and services in the expansion of nonresidential services to adults with developmental disabilities.(2) A designation by the Division of Developmental Disabilities Services of the Department of Human S…

The intent of this subchapter is to avoid unnecessary expansion in Medicaid costs and services related to early intervention day treatment services for children or any successor program providing early intervention day treatment to children.

(1) As used in this subchapter:(1) “Accredited entity” means a corporate entity that:(A) Has successfully completed an ongoing accreditation process that is offered by a national accrediting organization and is related to the delivery of early intervention day treatment services;…

(a) (1) Certification and licensure are required for operation as an early intervention day treatment program.(2) Certification shall be granted on a countywide basis. (1) Certification and licensure are required for operation as an early intervention day treatment program. (2) C…

(a) An expansion of early intervention day treatment services in a county is necessary when the Division of Developmental Disabilities Services of the Department of Human Services determines that a county is underserved with regard to:(1) Early intervention day treatment services…

(a) When considering an application for approval under this subchapter for expansion of early intervention day treatment services, including child health management services, developmental day treatment clinic services for children, or any successor program services, the Division…

(a) The Division of Developmental Disabilities Services of the Department of Human Services shall provide written notice by certified mail of its designation under § 20-48-1104 to all child health management services programs, developmental day treatment clinic services programs …

(a) The Division of Developmental Disabilities Services of the Department of Human Services may adopt rules to implement this subchapter. (b) The division shall work with stakeholders, including without limitation representatives of the Child Health Management Services Associatio…

(a) On or before July 1, 2013, the Department of Human Services shall convene stakeholders, including without limitation representatives of the Child Health Management Services Association and the Developmental Disabilities Provider Association, to assist in determining the feasi…

This subchapter shall be known and may be cited as the “Arkansas Intellectual and Developmental Disabilities Act”.

(1) As used in this subchapter, unless the context otherwise requires:(1) “Community” means either region or locality;(2) (A) “Coordinate” means to utilize resources in appropriate sequence and relationship to provide the proper services for individuals with intellectual and deve…

(a) (1) The Board of Developmental Disabilities Services shall consist of seven (7) members who shall be citizens and residents of the State of Arkansas and more than twenty-five (25) years of age.(2) One (1) of the members shall be a resident of each of the six (6) former congre…

(a) The Board of Developmental Disabilities Services shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor shall be chosen. The chair shall preside at meetings of the board, and in his or her absence, the vice c…

(a) The Board of Developmental Disabilities Services:(1) Shall:(A) Have charge of the properties used for the purposes of the human development centers;(B) Supervise:(i) Appointment of employees;(ii) Performance of duties by employees, including off-premises assignments for educa…

(a) With regard to the establishing and operating of the human development centers, the Board of Developmental Disabilities Services, in addition to the authorities, rights, and duties granted by this subchapter, shall continue to have all of its authorities, rights, and duties g…

(a) If and to the extent necessary to accomplish the intended purpose of this subchapter to make available the broadest and most effective provision of intellectual and developmental disabilities services to those in need of the services, the Board of Developmental Disabilities S…

(a) The Board of Developmental Disabilities Services shall:(1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and(2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fi…

(a) (1) The Board of Developmental Disabilities Services is designated as the single state agency for the purpose of full participation under any federal act requiring the designation of a single state agency concerning planning, formulation, and implementation of programs, const…

(a) (1) There is created the office of the Deputy Director of the Division of Developmental Disabilities Services.(2) The deputy director shall:(A) Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Servi…

(a) (1) The Board of Developmental Disabilities Services may take the necessary action to establish and maintain, or to cause to be established and maintained, community centers, alone or together with public agencies or private organizations, at localities determined to be appro…

(a) The Board of Developmental Disabilities Services, when preparing its biennial budget request for submission to the Governor and the Legislative Council, shall consult with Special Olympics Arkansas concerning the amount which is to be submitted as the request for each year of…

The purpose of this subchapter is to permit the Board of Developmental Disabilities Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas with intellectual and other developmental disabiliti…

(a) Subject to the conditions and limitations contained in this subchapter, the Board of Developmental Disabilities Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performin…

(1) Every agreement or contract entered into in accordance with this subchapter shall specify the following:(1) Full names and addresses of all parties to the agreement;(2) The precise organization, composition, and nature of the legal or administrative entity that will be provid…

(a) At the discretion of the Board of Developmental Disabilities Services, every agreement made pursuant to this subchapter shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of this state before and…

Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact.

(1) As used in this subchapter, unless the context otherwise requires:(1) [Repealed.](2) “Center” means a human development center; and(3) “Superintendent” means the superintendent of a human development center. (1) [Repealed.] (2) “Center” means a human development center; and (…

(1) Any person who violates the following provisions shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment for not less than six (6) months, or both:(1) …

(a) There are created and there shall be maintained institutions for the care, custody, treatment, and training of individuals with intellectual and other developmental disabilities to be known as “human development centers”. (b) For the purposes of the institutions, the Board of…

An individual may be deemed eligible for admission to a human development center if, due to intellectual or other developmental disability, the individual is incapable of managing his or her affairs and the individual's welfare requires the special care, training, and treatment p…

(a) A parent or guardian of an individual with intellectual and developmental disabilities may file with the Board of Developmental Disabilities Services a verified petition requesting that the individual be admitted to the human development center. (b) The petition shall include…

(a) (1) Upon receipt of the petition under § 20-48-405, the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the…

(a) The order of commitment shall include the name, residence, and date of birth of the individual, the nationality and address, insofar as may be ascertained, of his or her parents, and the amount of his or her estate. (b) The order of commitment shall be made in duplicate and s…

(a) The superintendent of a state institution other than a human development center may report to the examining physicians and request the examination of any individual therein deemed intellectually disabled. (b) Upon receipt of the report and request, the examining physicians sh…

(a) The Board of Developmental Disabilities Services may, under such conditions and for such length of time as it may deem advisable, permit an individual to leave a human development center for the purpose of visiting in a private home and may revoke or extend the period of the …

Any officer authorized to serve criminal process shall, upon the written request of the superintendent, return to the human development center or hold in custody an individual who has escaped or who has been temporarily released from the center under a permit to visit.

(a) (1) In the case of each petition for admission, the Board of Developmental Disabilities Services shall investigate and determine whether the individual or his or her parents or guardian can pay for the maintenance, training, education, or care of the individual.(2) The board …

(a) Any individual who has entered a human development center by voluntary admission in accordance with the provisions of § 20-48-406(b) may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided t…

(a) The Board of Developmental Disabilities Services may establish and operate an appropriate facility at such location in the state as it shall determine for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditi…

(a) The Board of Developmental Disabilities Services is authorized to extend to selected staff members of the human development centers off-premises assignments for educational or training purposes. In determining whether to make the off-premises assignments, the board shall be g…

(a) The government and control of the human development centers shall be vested in the Board of Developmental Disabilities Services. (b) The board:(1) Shall have charge of the property of the state which may be used for the purposes of the centers;(2) Shall make and execute its b…

(a) The Board of Developmental Disabilities Services is designated as the single state entity for carrying out any federal act or law pertaining to individuals with intellectual disabilities and other forms of developmental disabilities. (b) The board may take all action of every…