§ 9-20-122. Evaluation of prospective guardians

(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may:

1. (1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter;

2. (2) Perform a criminal records check with the Identification Bureau of the Division of Arkansas State Police for convictions regarding violations under this subchapter;

3. (3) Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment;

4. (4) Request a check of the Adult and Long-term Care Facility Resident Maltreatment Central Registry or its equivalent in the state of residence; and

5. (5) Perform an evaluation of the home or proposed dwelling for an adult in the Department of Human Services’ custody.

(b) Subsection (a) of this section applies to an individual who has:

1. (1) Requested consideration to be appointed guardian under § 28-65-101 et seq., of an adult in the custody of the Department of Human Services;

2. (2) Requested custody of an adult in the custody of the Department of Human Services; and

3. (3) Petitioned a court of competent jurisdiction:

   1. (A) To be appointed guardian, under § 28-65-101 et seq.; or

   2. (B) For custody of an adult in the custody of the Department of Human Services.