Arkansas Code Title 9, Subtitle 2, Chapter 20 - Adult Maltreatment Custody Act

• § 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 subchapter are to: (1) Protect a maltreated adult or long-term care facility resident who is in imminent danger; and (2)...
• § 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...
• § 9-20-104 - Spiritual Treatment Alone Not Abusive.
  Nothing in this chapter implies that an endangered or impaired adult who is being furnished with treatment by spiritual means alone through prayer in...
• § 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...
• § 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...
• § 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...
• § 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)...
• § 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...
• § 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...
• § 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)...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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...
• § 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...
• § 9-20-121 - Availability of Custody and Protective Services Records.
  (a) Reports, correspondence, memoranda, case histories, medical records, or other materials, including protected health information, compiled or gathered by the Department of Human Services...
• § 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) Request a fingerprint-based criminal background check...

Last modified: November 15, 2016