reglab/housing_qa huggingface dataset:
AR Code § 20-46-702 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 46 - Mental Health Agencies and Facilities|Subchapter 7 - Providers of Assistance to Indigent Persons|§ 20-46-702. Definitions

 (a) As used in this subchapter:  (1)  (A) “Brief hold” means holding a resident without undue force for twenty (20) minutes or less in order to calm or comfort the resident.  (B) In no event shall a brief hold be construed as a personal restraint;    (2) [Repealed.]  (3) [Repealed.]  (4) “Program provider” means any psychiatric residential treatment facility for children or outpatient mental health services funded by a medical care program for indigent persons;  (5)  (A) “Seclusion” means a behavior-control technique involving the involuntary confinement of a resident in locked isolation.  (B) In no event shall verbal direction be construed as seclusion;    (6) “Serious injury” means any significant impairment of the physical condition of the resident whether self-inflicted or inflicted by someone else as determined by the provider's qualified medical personnel, including, but not limited to:  (A) Burns;  (B) Lacerations;  (C) Bone fractures;  (D) Substantial hematoma; and  (E) Injuries to internal organs, whether self-inflicted or inflicted by someone else;    (7) “Serious occurrence” means a resident's death, serious injury, or suicide attempt;  (8) “Suicide attempt” means any action taken by a resident for the purpose of inflicting death or serious injury to the resident as determined by the provider's qualified medical personnel;  (9) “Survey” means any process by which compliance with federal law and regulations applicable to a program provider is determined;  (10) “Survey team” means an individual or individuals employed by or under contract with the Department of Human Services or its divisions; and  (11)  (A) “Time-out” means a behavior-management technique that involves the separation of a resident from other residents for a period of time to a designated area from which the resident is not physically prevented from leaving.  (B) In no event shall a time-out be construed as a seclusion.  (C) In no event shall verbal direction be construed as time-out.      (b) The definitions in this section apply to any survey conducted upon any psychiatric residential treatment facility or outpatient mental health services funded by a medical care program for indigent persons.
AR Code § 20-46-703 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 46 - Mental Health Agencies and Facilities|Subchapter 7 - Providers of Assistance to Indigent Persons|§ 20-46-703. Surveys of program providers

 (a) The survey team shall:  (1) Conduct an exit conference during every survey;  (2) Allow electronic signatures and dates and dictated dates to serve as service delivery documentation;  (3) To the extent possible, conduct patient interviews in a manner that does not disrupt patient care or suggest a particular response from the interviewee;  (4) Conduct follow-up surveys on an accelerated schedule only upon a finding that a program provider is not in substantial compliance with applicable laws and rules; and  (5)  (A) Allow the program provider the option to submit to the surveyor within one (1) working day of an entrance interview a written summary of incident and accident reports instead of the actual reports.  (B) The requirements of subdivision (a)(5)(A) of this section shall not prevent the Department of Human Services from accessing all records related to the survey within any time frames established by federal law or regulation.      (b) A corrective action response shall be submitted to the survey team within thirty (30) days after the program provider receives the report, but the time allowed for submitting the corrective action response shall be extended up to sixty (60) days upon request of the program provider.  (c) For purposes of compliance with the Arkansas Medicaid Program, program providers shall be prohibited from reporting serious occurrences to another entity other than the department and, if applicable, to the Centers for Medicare & Medicaid Services.  (d) The Secretary of the Department of Human Services shall ensure that the department complies with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and with § 20-77-107 in regard to all surveys of program providers.
AR Code § 20-47-105 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 1 - General Provisions|§ 20-47-105. Liability for costs of proceedings

 (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 § 20-47-201 et seq.  (b) If the individual alleged to be in need of involuntary admission to the state's mental health system or who was detained under the Behavioral Health Crisis Intervention Protocol Act of 2017, § 20-47-801 et seq., is discharged without admission, the costs of proceedings shall be paid by the person at whose instance the proceedings were held, unless waived by the court.
AR Code § 20-47-106 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 1 - General Provisions|§ 20-47-106. Liability for support

 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) The mental health services are not covered by a policy of insurance or other source of payment; and  (3) The legally liable person is able to pay.
AR Code § 20-47-109 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 1 - General Provisions|§ 20-47-109. Abuse of patients prohibited

 (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, intimidating, assaulting, or in any manner physically chastising any patient in the Arkansas State Hospital.  (b)  (1) It is the duty of all employees, agents, servants, or officers of the Arkansas State Hospital, upon learning of a violation of subsection (a) of this section, to immediately notify in writing the Director of the Arkansas State Hospital.  (2) Upon receiving a written report of a violation of this section, the director shall immediately investigate the incident and submit a report of the result of his or her findings to the Department of Human Services State Institutional System Board at its next regular meeting.  (3) If the board finds the report to be true and finds that a violation of this section has occurred, the person who violated this section shall be immediately dismissed from employment at the Arkansas State Hospital and is no longer eligible for further employment with the Arkansas State Hospital.  (4) If the board, after reading the report, determines that a violation of the state's criminal laws has occurred, the board shall immediately submit the report to the prosecuting attorney.
AR Code § 20-47-201 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-201. Purpose — Policy

 (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 illness, disease, or disorder who may be voluntarily or involuntarily admitted to mental health facilities and programs within the state;  (2) Reducing the occurrence, severity, and duration of mental disabilities; and  (3) Preventing persons with mental illness from harming themselves or others.    (b) It is the policy of this state to provide access for persons with severe mental illness to appropriate, adequate, and humane care which, to the extent possible while meeting the purposes of rehabilitation and treatment, is:  (1) Within each person's own geographic area of residence;  (2) Least restrictive of the person's freedom of movement and ability to function normally in society, while being appropriate to the individual's capacity and promoting the person's independence; and  (3) Directed toward assuring movement through all treatment components to assure continuity of care.    (c) It is the policy of this state to maintain involuntary admission laws to ensure that mental illness, disease, or disorder in and of itself is insufficient to involuntarily admit any person into the mental health services system.
AR Code § 20-47-203 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-203. Habeas corpus

 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.
AR Code § 20-47-205 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-205. Jurisdiction of circuit court

 (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 defined in § 20-47-214.  (2) Except as otherwise provided in subsection (d) of this section, the hearing, as defined by §§ 20-47-214 and 20-47-215, shall be conducted by the same court, or by a judge designated on exchange, who heard the original petition and issued the appropriate order.  (3) The court shall ensure that the person sought to be involuntarily admitted is afforded all his or her rights as prescribed by this subchapter.  (4) The circuit judge, when conducting any hearing set out in this subchapter, may conduct the hearing within any county of the judge's judicial district.    (c) The hearings conducted pursuant to §§ 20-47-209, 20-47-214, and 20-47-215 may be held at inpatient programs of the state mental health system or a receiving facility or program where the person is detained.  (d) A circuit judge of the Sixth Judicial District sitting within the Sixth Judicial District may conduct involuntary commitment hearings prescribed by §§ 20-47-214 and 20-47-215 and initiated in other judicial districts of this state pursuant to §§ 20-47-207 and 20-47-209 provided that the person sought to be committed is detained within the boundaries of the Sixth Judicial District at the time of the hearing held pursuant to §§ 20-47-214 or 20-47-215. The Sixth Judicial District shall thus assume the mantle of other judicial districts and shall have the authority to enter treatment orders for other judicial districts in the hearings prescribed by §§ 20-47-214 and 20-47-215. In those cases, no initial petition pursuant to § 20-47-207 shall be filed in the Sixth Judicial District but only in the court of original jurisdiction. Provided, however, if the person was transported to a location within the Sixth Judicial District by order of a court outside the Sixth Judicial District, the court of original jurisdiction may conduct the hearings prescribed by §§ 20-47-214 and 20-47-215.
AR Code § 20-47-208 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-208. Role of prosecuting attorney

 (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 held before the circuit judge at the Arkansas State Hospital in Pulaski County, Arkansas.  (2) The Prosecutor Coordinator shall appear for and on behalf of the petitioner and the State of Arkansas before the circuit judge at the Arkansas State Hospital. The prosecuting attorneys of applicable counties may contract with other attorneys to provide these services.    (b) Such representation shall be a part of the official duties of the prosecuting attorney or of the Prosecutor Coordinator, and the prosecuting attorney and the Prosecutor Coordinator shall be immune from civil liability in the performance of this official duty.  (c) Nothing in this section shall prevent the petitioner from retaining his or her own counsel in these proceedings, in which case the prosecuting attorney or the Prosecutor Coordinator shall be relieved of the duty to represent the petitioner.
AR Code § 20-47-209 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-209. Initial hearing — Failure to appear — Exceptions from appearance requirement

 (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 hearing. The hearing shall be set by the court within three (3) days, excluding weekends and holidays, of the filing of the original petition. If the person is duly served and fails to appear, the court shall issue an order of detention; or  (2) Dismiss the petition.    (b) The person named in the original petition is not required to appear and may be removed from the presence of the court upon a finding by the court that the person is:  (1) By reason of physical infirmity unable to appear;  (2) That the person's appearance would be detrimental to his or her mental health, well-being, or treatment; or  (3) That his or her conduct before the court is so disruptive that the proceedings cannot reasonably continue with him or her present.    (c)  (1) The petitioner shall appear before the circuit judge hearing the petition to substantiate the petition.  (2) The court shall make a determination based on clear and convincing evidence that there is probable cause to believe that the person has a mental illness, disease, or disorder and that one (1) of the criteria for involuntary admission applies to the person.  (3) If such a determination is made, the person shall be admitted for evaluation, and a hearing pursuant to § 20-47-214 shall be held within the period specified in § 20-47-205.
AR Code § 20-47-211 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-211. Notification of rights

 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 right to effective assistance of counsel, including the right to a court-appointed attorney;  (2) That he or she and his or her attorney have a right to be present at all significant stages of the proceedings and at all hearings except that no attorney shall be entitled to be present upon examination of the person by the physician or any member of the treatment staff pursuant to an evaluation, whether initially or subsequently;  (3) That he or she has the right to present evidence in his or her own behalf;  (4) That he or she has the right to cross-examine witnesses who testify against him or her;  (5) That he or she has a right to remain silent; and  (6) That he or she has a right to view and copy all petitions, reports, and documents contained in the court file.
AR Code § 20-47-212 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-212. Appointment of counsel

 (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 the fee, if any, to be paid the attorney so appointed and issue an order for payment.  (2) The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.  (3) The court shall have the authority to appoint counsel on a pro bono basis.    (c) The quorum courts of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter, and, upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the fee shall be approved by the county court and paid in the same manner as other claims against the county are paid.
AR Code § 20-47-213 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-213. Evaluation — When performed and by whom — Transportation to place of evaluation

 (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 hospital or receiving facility or program or physician may detain the person for initial evaluation and treatment, provided:  (1) The person is immediately advised of his or her rights as provided in § 20-47-211;  (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in § 20-47-207; and  (3) A hearing pursuant to § 20-47-209(a)(1) is held within the specified time period.    (b)  (1) If a physician is not immediately available for the initial evaluation, the initial evaluation may be performed by an administrator's designee, working under medical supervision and direction. In such cases, a supervising physician shall be consulted by telephone before any decision is made concerning the initial evaluation and treatment.  (2) Every person admitted to a hospital or a receiving facility or program under this provision shall be seen and evaluated personally by a physician within twenty-four (24) hours of detention.    (c) In all cases, the evaluations required by the court for involuntary admission pursuant to § 20-47-214 shall be performed only by a physician licensed to practice in the State of Arkansas.  (d) If it is determined at the initial hearing that the person should be evaluated to determine the need for mental health services on an involuntary basis, a law enforcement officer or family of the person, as the court shall direct, shall transport the person to the place of evaluation.  (e) Nothing in this subchapter shall prevent the person so detained from being released sooner than the period specified in § 20-47-205 if, in the judgment of the treatment staff of the hospital or of the receiving facility or of the treating physician, the person does not require further mental health treatment. The court shall be immediately advised in writing of the release and shall dismiss the action.
AR Code § 20-47-214 (2020)
2020 Arkansas Code|Title 20 - Public Health and Welfare|Subtitle 3 - Mental Health|Chapter 47 - Treatment of Persons With Mental Illness|Subchapter 2 - Commitment and Treatment|§ 20-47-214. Forty-five-day involuntary admission — Hearing

 (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 who shall testify shall be instructed by the hearing officer as to the penalty for perjury before testifying.    (b)  (1) Should any person be found guilty of giving false testimony that results in a person's wrongful involuntary admission, he or she shall be liable for civil damages and subject to incarceration for not less than thirty (30) days.  (2) The court shall make a determination at that time whether clear and convincing evidence has been presented that the person sought to be involuntarily admitted is of danger to himself or herself or to others as defined in § 20-47-207.  (3) If this burden of proof has been met, the court shall issue an order authorizing the hospital or receiving facility or program to detain the person for treatment for a maximum of forty-five (45) days.    (c) This section shall be construed to allow the person sought to be involuntarily admitted to request treatment under an alternative least restrictive appropriate setting.  (d) If a hearing pursuant to this section is not held within the period specified in § 20-47-205, the person shall be released.  (e) Upon filing of an order of commitment issued under subdivision (b)(3) of this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.