§ 9-20-101. Title

This chapter shall be known and may be cited as the “Adult Maltreatment Custody Act”.

§ 9-20-102. Purpose

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.

§ 9-20-103. Definitions

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 inflicts pain on or causes injury to […]

§ 9-20-104. Spiritual treatment alone not abusive

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 thereof is for this reason alone an endangered adult or an impaired adult.

§ 9-20-105. Privilege not grounds for exclusion of evidence

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 excluding evidence at any proceedings regarding an endangered adult or an impaired adult, or the […]

§ 9-20-106. Immunity for investigation participants

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.

§ 9-20-107. Reports as evidence

(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 maltreatment. (b) The affidavit of a physician, psychiatrist, psychologist, or licensed certified social […]

§ 9-20-108. Jurisdiction — Venue — Eligibility

(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 division of circuit court may retain jurisdiction for no more than one hundred eighty […]

§ 9-20-109. Commencement of proceedings

(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 by the department, including, but not […]

§ 9-20-110. Petition

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 relative, if known; (4) (A) The facts intended to […]

§ 9-20-111. Notification

(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 respondent; (2) The person from whom physical […]

§ 9-20-112. Voluntary protective placement

(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.

§ 9-20-113. Evaluations

(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., the department determines that: (1) Immediate removal is necessary […]

§ 9-20-114. Emergency custody

(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 not medical treatment is required, if the circumstances or […]

§ 9-20-115. Emergency orders

(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 believe that immediate emergency action is necessary to […]

§ 9-20-116. Probable cause hearing

(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 in the judicial district. (3) (A) An authorized employee […]

§ 9-20-117. Long-term custody and court-ordered protective services hearings

(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 extend the time during which the hearing must […]

§ 9-20-118. Review hearings

(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 formally or informally as determined […]

§ 9-20-119. Assets of a maltreated adult

(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 court orders the adult placed in the custody of […]

§ 9-20-120. Duties and responsibilities of custodian

(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 documents were executed in conformity with applicable laws; and […]