Title 20, Public Health and Welfare

(a) When an individual is detained or involuntarily admitted to a mental health facility under the Behavioral Health Crisis Intervention Protocol Act of 2017, § 20-47-801 et seq., or to the state's mental health system, the costs of proceedings shall be paid according to § 20-47-…

(1) A person legally liable for the support, care, or maintenance of an individual in need of state mental health services under this chapter is liable for the costs of mental health services to the extent that:(1) The individual in need of services lacks the ability to pay;(2) T…

(a) In addition to the protections provided to patients under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., employees, agents, servants, or officers of the Arkansas State Hospital are prohibited from striking, beating, abusing, intimidatin…

(a) The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to assist in:(1) Establishing, maintaining, and coordinating a comprehensive and effective system of services for persons with mental i…

(1) As used in this subchapter:(1) “Administrator” means the chief administrative officer or executive director of any private or public facility or of any community mental health center certified by the Division of Aging, Adult, and Behavioral Health Services of the Department o…

Nothing in this subchapter shall in any way restrict the right of any person to attempt to secure his or her freedom by a habeas corpus proceeding as provided by current Arkansas law.

(1) The following shall apply to voluntary admissions of persons with a mental illness, disease, or disorder:(1) (A) Any person who believes himself or herself to have a mental illness, disease, or disorder may apply to the administrator or his or her designee of a hospital or to…

(a) The circuit courts of this state shall have exclusive jurisdiction of the involuntary admission procedures initiated pursuant to this subchapter. (b) (1) Within seven (7) days of the person's detention, excluding weekends and holidays, the court shall conduct the hearing as d…

(a) Written Petition — Venue. Any person having reason to believe that a person meets the criteria for involuntary admission as defined in subsection (c) of this section may file a verified petition with the circuit clerk of the county in which the person alleged to have mental i…

(a) (1) It shall be the duty of the prosecuting attorney's office in the county where the petition is filed to represent the petitioner, regardless of the petitioner's financial status, at all hearings held in the circuit court pursuant to this subchapter except those hearings he…

(a) If the person named in the original petition is not confined at the time that the petition is filed, the court may:(1) Enter an ex parte order directing a law enforcement officer to serve the person with a copy of the petition together with a notice to appear for an initial h…

(a) Whenever it appears that a person is of danger to himself or herself or others, as defined in § 20-47-207, and immediate confinement appears necessary to avoid harm to the person or others:(1) An interested citizen may take the person to a hospital or to a receiving facility …

(1) Along with the copy of the petition and the copy of the order directing appearance for an initial evaluation or an order of detention, the person sought to be involuntarily admitted shall be served with a copy of the following statement of rights:(1) That he or she has the ri…

(a) If it appears to the court that the person sought to be involuntarily admitted is in need of counsel, counsel shall be appointed immediately upon filing of the original petition. (b) (1) Whenever legal counsel is appointed by the court, the court shall determine the amount of…

(a) If the person is transported to a hospital or receiving facility or program or to the office of a licensed physician of the State of Arkansas or of the United States Government, either salaried or self-employed, for purposes of initial evaluation and treatment, then the hospi…

(a) (1) Within the period specified in § 20-47-205, a hearing shall be held.(2) The hearing must be conducted in public, open to the news media.(3) All testimony must be taken under oath and preserved.(4) All witnesses shall be subject to a penalty for perjury, and each witness w…

(a) Generally. (1) Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.(2) Additional one-hundred-eighty-day involuntary…

Continuances requested by either party for any hearing provided for in this subchapter shall be granted only for good cause shown. “Good cause” includes obtaining a separate and independent evaluation or expert testimony on behalf of the person sought to be involuntarily admitted…

All involuntary admission orders authorized in this subchapter shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure — Civil.

(a) At all steps of the involuntary admission proceeding, the mental health treatments and conditions of treatment for the person named in the petition for involuntary admission shall be no more harsh, hazardous, or intrusive than necessary to achieve a successful treatment or ob…

(a) If any person involuntarily admitted to a receiving facility or program or hospital for care pursuant to this subchapter absents himself or herself from a receiving facility or program or hospital without leave or fails to comply with the court-approved treatment plan, the pe…

(a) No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled except as provided for by law. (b) No person shall be deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational, or …

(a) (1) The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall designate a patient or client advocate for the three (3) state mental health facilities located in Little Rock and Benton.(2) The designated patient or c…

The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee shall have authority to authorize the transfer and admission to a receiving facility or program of any person who is a legal resident of the sta…

No person admitted voluntarily or involuntarily to a receiving facility or program or hospital under this subchapter shall be considered incapacitated per se by virtue of admission.

(a) At any time during the involuntary admission period, a person may be converted to a voluntary admission status if the person's treating physician or treatment staff psychiatrist files a written statement of consent with the court. (b) The court shall dismiss the action immedi…

(a) Notwithstanding any statute enacted before January 1, 2011, receiving facilities and programs and the Arkansas State Hospital may make charges for patient treatment. (b) Persons legally liable for the support of a patient are liable jointly and severally with the patient and …

(a) The Director of the Administrative Office of the Courts and the Prosecutor Coordinator shall jointly prescribe all other forms reasonably necessary to carry out this subchapter, provided that the Director of the Division of Aging, Adult, and Behavioral Health Services of the …

No officer, physician, or other person shall be held civilly liable for his or her actions pursuant to this subchapter in the absence of proof of bad faith, malice, or gross negligence.

(a) To assure compliance under this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any state mental health system program or facility to which persons are volunt…

(a) If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance. (b) A patient shall not be physically restrained with a restraint…

(a) The Department of Human Services may enter into a reciprocal agreement with a state that adjoins the Arkansas state line or is separated only by a navigable river from the Arkansas state line to facilitate the return of a person who is detained in or involuntarily admitted to…

(a) (1) The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent proble…

(a) As used in this section:(1) “Congregate setting” means a location within a residential care facility, an assisted living facility, or a designated residential setting of a nonprofit community program as defined in § 20-48-101 or its nonprofit affiliates;(2) “Designated reside…

(a) The Director of the Arkansas State Hospital is given power and authority to make contracts with the United States Department of Veterans Affairs or any other federal agency for the hospitalization of any patients who are veterans and eligible for hospitalization by the United…

(a) Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after the adjudication of the status of th…

(a) The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the United States Department of Veterans Affairs or other agency of the United States Government for care or treatment shall have th…

(a) Upon receipt of a certificate of the United States Department of Veterans Affairs or other agency of the United States stating that facilities are available for the care or treatment of any person who is committed to any hospital for the mentally ill or other institution for …

(a) Any person who is committed to the Arkansas State Hospital for treatment of a mental disease and who has or who develops tuberculosis may be transferred to a private hospital for treatment of his or her tuberculosis in the discretion of the Director of the Arkansas State Hosp…

(a) The Arkansas State Hospital and other state institutions are authorized to enter into agreements with the Department of Human Services to establish and maintain a medical care program for indigent individuals with mental illness, intellectual and developmental disabilities, o…

The General Assembly finds that services to children are provided by various departments and agencies at both the state and local level, often without appropriate collaboration. The General Assembly declares that the purpose of this subchapter is to establish a structure for coor…

(1) As used in this subchapter:(1) (A) “Case management” means those efforts that ensure that necessary services for the child and family are obtained and monitored.(B) Such efforts shall include coordination across agencies for evaluations, the provision of services based on ass…

(1) The following guiding principles shall be incorporated into the system of care:(1) Services shall be child-centered and family-centered and give priority to keeping children with their families;(2) Services shall be community-based, with decision-making responsibility and man…

(1) The components of the system of care shall include, but not be limited to:(1) Single point of entry;(2) Screening and assessment;(3) Case management;(4) Case review;(5) Collaborative evaluation; and(6) Service array. (1) Single point of entry; (2) Screening and assessment; (3…

(a) (1) There is created a Child and Adolescent Service System Program Coordinating Council that shall meet on a quarterly basis and at other times deemed necessary to perform its functions.(2) The council shall include the following persons to be selected and appointed by the Co…

(a) A regional Child and Adolescent Service System Program planning team shall be established in each community mental health center catchment area. (b) (1) Each team shall include individuals who are not state employees and who are not providers of services to children with emot…