reglab/housing_qa huggingface dataset:
AR Code § 9-20-115 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 2 - Domestic Relations|Chapter 20 - Adult Maltreatment Custody Act|§ 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 protect an endangered or impaired adult from adult maltreatment, the probate division of circuit court may issue an ex parte less-than-custody order to protect the adult in lieu of an ex parte order for emergency custody.    (b) The Department of Human Services shall obtain an emergency ex parte order of custody on a maltreated adult within seventy-two (72) hours of taking the maltreated adult into emergency custody unless the expiration of the seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody may be extended through the next business day following the weekend or holiday.  (c) The emergency order shall include notice to the maltreated adult and the person from whom physical custody of the respondent was removed of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order.
AR Code § 9-20-118 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 2 - Domestic Relations|Chapter 20 - Adult Maltreatment Custody Act|§ 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 by the court, at least one (1) time every twelve (12) months.  (c) Notice for review hearings shall be by regular mail to the attorney for the respondent and to the administrator of the facility in which the respondent is placed.  (d)  (1) Upon presentation of a statement under oath by a medical doctor that attendance at the hearing is not in the best interest of the adult based on the adult's mental incapacity or physical health, the court shall waive the presence of the adult at a review hearing unless there is a showing by the adult's attorney that the adult's attendance at the court hearing is necessary.  (2) If it is not in the adult's best interest to appear at court under subdivision (d)(1) of this section, the adult may submit a written statement or an audio or video statement for consideration by the court.
AR Code § 9-20-119 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 2 - Domestic Relations|Chapter 20 - Adult Maltreatment Custody Act|§ 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 the department, the court shall address the issue of the adult's residence, whether rented or owned by the adult, including the cleaning, vacating, selling, or leasing of the residence, and the disposition of the property in the residence.  (3) After review of the assets, the court may order the sale of any assets if it is in the best interest of the adult.    (b) The court may also direct payment from the assets of the adult in department custody or receiving protective services from the department for services rendered or goods purchased by or for the adult in the custody of the department or receiving services from the department.  (c)  (1) The court may appoint the department only as custodian of the adult and not as guardian of the person or of the estate of the adult, except to appoint a public guardian under § 28-65-701 et seq.  (2) The court has jurisdiction in this matter to hear and grant a petition for guardianship of the estate of an adult in the custody of the department.
AR Code § 9-20-120 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 2 - Domestic Relations|Chapter 20 - Adult Maltreatment Custody Act|§ 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  (C) Find a person to be guardian of the estate of the adult if a guardian of the estate is needed.    (2) If the court appoints the department as the legal custodian of a maltreated adult on an emergency, temporary, or long-term basis, the department may:  (A) Consent to medical care for the adult;  (B) Obtain physical or psychological evaluations;  (C) Obtain medical, financial, and other records of the adult; and  (D) Obtain or view financial information of the adult that is maintained by a bank or similar institution.      (b) The department as custodian shall not make any of the following decisions without receiving express court approval:  (1) Consent to abortion, sterilization, psychosurgery, or removal of bodily organs unless a procedure is necessary in a situation threatening the life of the maltreated adult;  (2) Consent to withholding life-saving treatment;  (3) Authorization of experimental medical procedures;  (4) Authorization of termination of parental rights;  (5) Prohibition of the adult from voting;  (6) Prohibition of the adult from obtaining a driver's license;  (7) Consent to a settlement or compromise of any claim by or against the adult or his or her estate;  (8) Consent to the liquidation of assets of the adult through such activities as an estate sale;  (9) Consent to amputation of any part of the body unless a procedure is necessary in a situation threatening the life of the maltreated adult; or  (10) Consent to withholding life-sustaining treatment.    (c)  (1) Upon the death of a person in the custody of the department, the department shall abide by a prior arrangement made by the person for the disposition of the person's body.  (2) If prior arrangements were not made:  (A) The department may request the court to grant authority to the department to use funds or resources of the deceased person as to the disposition of the body; or  (B) Upon consent from the person's closest family member or after notice and the opportunity to be heard by the court, the department may consent to donate the person's body to medical science.    (3) The department is not responsible for any costs related to the disposition of the person's body.
AR Code § 9-20-122 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 2 - Domestic Relations|Chapter 20 - Adult Maltreatment Custody Act|§ 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 performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter;  (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) Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment;  (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) 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) 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) Requested custody of an adult in the custody of the Department of Human Services; and  (3) Petitioned a court of competent jurisdiction:  (A) To be appointed guardian, under § 28-65-101 et seq.; or  (B) For custody of an adult in the custody of the Department of Human Services.
AR Code § 9-20-124 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 2 - Domestic Relations|Chapter 20 - Adult Maltreatment Custody Act|§ 9-20-124. Consideration of issues requiring court approval

 (a) The Department of Human Services shall:  (1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court;  (2)  (A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1)-(3), (9), and (10).  (B) The affidavit shall:  (i) Describe the medical need or appropriateness for the action requested;  (ii) Include information on the diagnosis, prognosis, and treatment of the respondent;  (iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent;  (iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and  (v) Include the name and contact information of the attending physician of the respondent; and      (3) Serve a copy of the motion and affidavit on the attorney for the respondent within twenty-four (24) hours from the time of filing.    (b)  (1) The court shall:  (A)  (i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed.  (ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order.  (iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame;    (B)  (i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing.  (ii) If a hearing is not conducted, the court shall enter a decision on the motion requesting court approval within three (3) business days from the date on which a motion requesting court approval is filed;    (C) Grant a motion requesting court approval that does not include an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that granting the request is in the best interest of the respondent; and  (D) Grant a motion requesting court approval that includes an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that:  (i) Granting the request is in the best interest of the respondent;  (ii) The attending physician of the respondent is requesting the medical action or inaction;  (iii) The evidence supports the need for the requested medical action or inaction; and  (iv) The respondent did not express an intent to oppose the medical action or inaction before losing the capacity to make his or her own medical decisions.      (2) The court may allow the attending physician of the respondent or another witness to testify by telephone or another medium as permitted by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure.
AR Code § 9-25-101 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 3 - Minors|Chapter 25 - General Provisions|§ 9-25-101. Age of majority — Exceptions

 (a) All persons of the age of eighteen (18) years shall be considered to have reached the age of majority and be of full age for all purposes. Until the age of eighteen (18) years is attained, they shall be considered minors.  (b)  (1) Any law of the State of Arkansas that presently requires a person to be of a minimum age of twenty-one (21) years to enjoy any privilege or right or to do any act or to participate in any event, election, or other activity shall be deemed to require that person to be of a minimum age of eighteen (18) years.  (2) However, this section shall not repeal, amend, or otherwise affect any existing laws concerning or in any way relating to beer, wines, spirituous, vinous, malt liquors, or other alcoholic beverages, tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers, and the sale thereof to persons under twenty-one (21) years of age.
AR Code § 9-25-102 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 3 - Minors|Chapter 25 - General Provisions|§ 9-25-102. Destruction of property

 (a) The state or any county, city, town, or school district, or any person, corporation, or organization shall be entitled to recover damages in an amount not in excess of five thousand dollars ($5,000) in a court of competent jurisdiction from the parents of any minor under eighteen (18) years of age, living with a parent or legal guardian, who shall maliciously or willfully destroy, damage, or deface real, personal, or mixed property belonging to the state or county, city, town, or school district, or any person, corporation, or organization.  (b) This section does not apply to:  (1) Any destruction of property caused by a minor under eighteen (18) years of age who is in the custody of the Department of Human Services; or  (2) A minor younger than thirteen (13) years of age who defaces property with graffiti.
AR Code § 9-25-104 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 3 - Minors|Chapter 25 - General Provisions|§ 9-25-104. Immediate notification of parents when child in custody

 (a) When the Department of Human Services has taken custody of a minor solely because of the actions of someone other than a custodial parent, the department shall immediately exercise all efforts to identify and locate the custodial parent or custodial parents of the minor.  (b) When a parent is identified and located, and if that parent is a custodial parent, the department shall immediately notify the parent as to the location of the minor and of the parent's right to obtain possession of the minor at that location.  (c) The department shall not withhold custody or possession of any child from the child's custodial parent or parents unless a petition for dependency-neglect is filed naming the custodial parent or parents as a party.
AR Code § 9-30-103 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 3 - Minors|Chapter 30 - Child Abuse and Neglect Prevention|§ 9-30-103. Definitions

 As used in this chapter:   (1) “Child” means a person under eighteen (18) years of age;  (2)  (A) “Child abuse” means any nonaccidental physical injury, mental injury, sexual abuse, or sexual exploitation inflicted by those legally responsible for the care and maintenance of the child, or an injury that is at variance with the history given.  (B) “Child abuse” encompasses both acts and omissions;    (3) “Local council” means an organization consisting of an employee of the Department of Human Services, an employee of the Department of Health, an employee of a public secondary or elementary school, an employee of the county sheriff's office or a city police department, a citizen at large, and any other persons deemed necessary by the Department of Human Services, including, but not limited to, representatives from other groups or entities involved with child abuse and neglect or family violence;  (4) “Neglect” means:  (A) Failure to provide, by those legally responsible for:  (i) The care and maintenance of the child and the proper or necessary support;  (ii) Education, as required by law; or  (iii) Medical, surgical, or any other care necessary for his or her well-being; or    (B)  (i) Any maltreatment of the child.  (ii) The term includes both acts and omissions.  (iii) This chapter shall not be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment;      (5) “Parenting-from-prison program” means classes or services provided to incarcerated parents at any detention or correctional facility;  (6)  (A) “Prevention program” means a system of direct provision of child abuse and neglect primary and secondary prevention services to a child or guardian and includes research programs related to prevention of child abuse and neglect.  (B)  (i) “Primary prevention” means programs and services designed to promote the general welfare of children and families.  (ii) “Secondary prevention” means the identification of children who are in circumstances in which there is a high risk that abuse or neglect will occur and assistance is necessary and appropriate to prevent abuse or neglect from occurring; and      (7) “Program for the children of prisoners” means school or community-based services provided to:  (A) The children of individuals incarcerated in any detention or correctional facility; or  (B) The caregivers of children of individuals incarcerated in any detention or correctional facility.
AR Code § 9-30-105 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 3 - Minors|Chapter 30 - Child Abuse and Neglect Prevention|§ 9-30-105. Powers and duties of the Department of Human Services

 (a) The Department of Human Services shall adopt rules necessary for the implementation of this chapter.  (b) Regarding the administration of the Children's Trust Fund, the department shall:  (1) Promulgate rules prescribing the procedure for establishing local councils;  (2) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs;  (3) Develop and publicize criteria for the distribution of Children's Trust Fund money under § 9-30-106;  (4) Monitor the expenditure of Children's Trust Fund money by persons, groups, and entities who receive Children's Trust Fund money from the department; and  (5) Provide statewide educational and public information seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect, encourage professional persons and groups to recognize and deal with problems of child abuse and neglect, make information about the problems of child abuse and neglect available to the public and organizations and agencies that deal with problems of child abuse and neglect, and encourage the development of community prevention programs.    (c) Regarding the administration of the One Percent to Prevent Fund, to the extent funding is appropriated and available, the department shall:  (1) Develop and implement parenting-from-prison programs with preference given to facilities where parenting-from-prison programs exist or where community-based services are available;  (2) Develop and implement a post-release parenting program for parents who have been recently released from a detention or correctional facility in communities that can establish a need for the services;  (3) Develop and implement a program for the children of prisoners in communities that can establish a need for the services;  (4) Develop and implement other services and programs as needed that prevent children of prisoners from becoming future prisoners;  (5) Provide training, quality assurance, and technical assistance for each of the services and programs funded under the One Percent to Prevent Fund;  (6) Provide for the evaluation by an independent source of all services and programs funded by the One Percent to Prevent Fund; and  (7) On or before October 1 of each year, provide an annual report to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing the evaluations of the One Percent to Prevent Fund.    (d) The department may enter into contracts with any person, group of persons, or legal entity to fulfill the requirements of this section.
AR Code § 9-30-106 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 3 - Minors|Chapter 30 - Child Abuse and Neglect Prevention|§ 9-30-106. Receipt of money

 (a)  (1) The Department of Human Services shall be the sole entity authorized to receive money from the United States Government, other governments, persons, or any other entities for the Children's Trust Fund and the One Percent to Prevent Fund.  (2) The moneys received for the Children's Trust Fund and the One Percent to Prevent Fund are separate and shall be used only for the purposes provided in this chapter.    (b)  (1) Regarding the Children's Trust Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the Children's Trust Fund subject to the expenditure limitations prescribed by this chapter for the Children's Trust Fund.  (2) All money except money from the United States Government received in the manner described in this section shall be transmitted to the Treasurer of State for deposit into the Children's Trust Fund.    (c) Regarding the One Percent to Prevent Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the One Percent to Prevent Fund.
AR Code § 9-30-107 (2020)
2020 Arkansas Code|Title 9 - Family Law|Subtitle 3 - Minors|Chapter 30 - Child Abuse and Neglect Prevention|§ 9-30-107. Disbursement of funds

 (a) The Department of Human Services may disburse money appropriated from the Children's Trust Fund exclusively to make grants or loans to any person, group of persons, or legal entity for the development or operation of a prevention program if at least all of the following conditions are met:  (1) The appropriate local council has reviewed and approved the program;  (2) The organization demonstrates an ability to match through money or in-kind services at least twenty-five percent (25%) of the amount of any Children's Trust Fund money to be disbursed to it;  (3) The organization demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance; and  (4) Other conditions that the department may deem appropriate.    (b) Disbursement of Children's Trust Fund money under subsection (a) of this section shall be kept at a minimum in furtherance of the primary purpose of the Children's Trust Fund, which is to disburse money to encourage the direct provision of services to prevent child abuse and neglect.  (c)  (1) Except as provided in subdivision (c)(2) of this section, the department may disburse money appropriated from the One Percent to Prevent Fund exclusively to make grants to any person, group of persons, or legal entity for the development, implementation, operation, or improvement of a parenting-from-prison program, a program for the children of prisoners, or a post-release parenting program as provided in § 9-30-105(c)(2).  (2) To make a grant under subdivision (c)(1) of this section, the following requirements must be met:  (A) The department or its designee reviews and approves the program;  (B) The person or entity applying for the grant demonstrates the academic background and evaluative experience necessary to provide program models and consultation on any of the programs under § 9-30-105(c); and  (C) Other conditions that the department may deem appropriate.