§ 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 […]
§ 9-20-102. 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.
§ 9-20-118. 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 […]
§ 9-20-103. 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 […]
§ 9-20-119. 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 […]
§ 9-20-104. 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.
§ 9-20-120. 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 […]
§ 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 […]