reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Community" means either region or locality;
(2)
(A)
"Coordinate" means to utilize resources in appropriate sequence and relationship to provide the proper services for individuals with intellectual and developmental disabilities.
(B)
"Coordinate" implies a working relationship with, but not administrative authority over, public agencies providing services to individuals with intellectual and developmental disabilities;
(3)
"Individual" means a person without regard to chronological age;
(4)
"Individual with intellectual and developmental disabilities" means a person with an intellectual and developmental disability;
(5)
"Intellectual and developmental disability" means the same as defined in §
20-48-101
;
(6)
"Locality" means a geographical area defined by the Division of Developmental Disabilities Services or the appropriate division as determined by the Secretary of the Department of Human Services usually consisting of a municipality or county but not excluding other areas within easy commuting distance;
(7)
"Private organizations" means organizations, persons, firms, individuals, corporations, or associations;
(8)
"Public agencies" means all agencies, departments, boards, institutions, commissions, officers, officials, political subdivisions and agencies thereof, and school districts of this state;
(9)
"Region" means a geographical area defined by the Division of Developmental Disabilities Services, usually consisting of all or parts of two (2) or more counties, which is created to provide services for individuals with intellectual and developmental disabilities when the services cannot be provided feasibly or practically at the local level;
(10)
"Services for individuals with intellectual disabilities" or "services" means all services pertaining to and incidental to the prevention, detection, diagnosis, evaluation, treatment, care, custody, education, training, rehabilitation, or supervision of individuals with intellectual disabilities; and
(11)
"Superintendent" means the chief administrative officer assigned full-time to a human development center.
Amended by Act 2023, No. 214,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 1035,§ 19, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 60, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 59, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5206, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 5205, eff. 7/1/2019.
Acts 1969, No. 265, § 2; A.S.A. 1947, § 59-1002.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-203 - Board of Developmental Disabilities Services - Creation - Members

(a)
(1)
The Board of Developmental Disabilities Services shall consist of seven (7) members, at least one (1) of whom shall be a woman, who shall be citizens and residents of the State of Arkansas and more than twenty-five (25) years of age.
(2)
One (1) of the members shall be a resident of each of the six (6) former congressional districts established by Acts 1951, No. 297 [repealed].
(3)
The seventh member shall be a member at large.
(b)
Upon completion of the term of each member, a successor shall be appointed for a term of seven (7) years.
(c)
Appointment to fill a vacancy arising other than by expiration of a term of office shall be for the unexpired portion thereof.
(d)
Appointment shall be made by the Governor with the advice and consent of the Senate.
(e)
The board shall serve without compensation, except that each board member may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Acts 1969, No. 265, § 4; A.S.A. 1947, § 59-1004; Acts 1997, No. 250, § 199.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-204 - Board of Developmental Disabilities Services - Officers - Proceedings

(a)
The Board of Developmental Disabilities Services shall annually elect from its membership a chair and vice chair, each of whom shall hold office until his or her successor shall be chosen. The chair shall preside at meetings of the board, and in his or her absence, the vice chair shall preside.
(b)
The board is authorized to designate the commissioner or some employee of the Division of Developmental Disabilities Services to serve as disbursing officer of all funds of the division.
(c)
The board shall meet at least one (1) time each three (3) months and at such other times as the chair may deem advisable.
(d)
The board shall report biennially to the Governor and General Assembly.
(e)
The affirmative vote of four (4) members of the board shall be necessary to take any board action.
Acts 1969, No. 265, § 5; A.S.A. 1947, § 59-1005.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-205 - Board of Developmental Disabilities Services - Powers and duties

(a)
The Board of Developmental Disabilities Services:
(1)
Shall:
(A)
Have charge of the properties used for the purposes of the human development centers;
(B)
Supervise:
(i)
Appointment of employees;
(ii)
Performance of duties by employees, including off-premises assignments for educational or training purposes;
(iii)
Removal of employees; and
(iv)
Fixing of employee compensation; and
(C)
Supervise expenditures of the human development centers; and
(2)
May:
(A)
Accept and hold in trust real, personal, or mixed property received by grant, gift, will, or otherwise;
(B)
Purchase land or receive grants or gifts of land and take deeds therefor in the name of the State of Arkansas;
(C)
Accept grants or gifts of money from any source whatever and use the money for any of the powers and purposes of the board; and
(D)
Take all action and execute all documents necessary or desirable to carry out the powers and purposes of the board.
(b)
The board may make rules regarding the care, custody, training, and discipline of individuals with intellectual and developmental disabilities in the human development centers or receiving services for individuals with intellectual and developmental disabilities and respecting the management of the human development centers and the affairs as the board may deem necessary or desirable to the proper performance of the powers and purposes of the board.
(c)
The board is prohibited from promulgating any rule that would set the salary of any employee at the local level unless specifically required to do so by the United States Government.
Amended by Act 2019, No. 315,§ 2149, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 20, eff. 7/24/2019.
Acts 1969, No. 265, § 5; 1981, No. 774, § 18; A.S.A. 1947, §§ 59-1005, 59-1005.1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-206 - Board of Developmental Disabilities Services - Human development centers - Powers and duties - Admission

(a)
With regard to the establishing and operating of the human development centers, the Board of Developmental Disabilities Services, in addition to the authorities, rights, and duties granted by this subchapter, shall continue to have all of its authorities, rights, and duties granted by existing law, which shall include, without limitation, the applicable provisions of §
20-48-401
et seq. and §
20-48-501
et seq., save only those instances where there are express inconsistencies, in which event the provisions of this subchapter shall control.
(b)
(1)
Admissions to the institutional facilities of the human development centers shall be on the basis of a determination by the board that:
(A)
The individual involved has an intellectual and developmental disability;
(B)
His or her parent or guardian has resided in the state not less than three (3) years before the date of the filing of the petition for his or her admission, or the individual involved is a dependent and a public charge or ward of the state or a political subdivision thereof;
(C)
The welfare of the individual involved requires the special care, training, or education provided by institutional facilities of the human development center; and
(D)
The board has adequate funds and institutional facilities available for the care, training, or education of the individual.
(2)
(A)
The determination of whether an individual has an intellectual and developmental disability shall be made after there has been an investigation that includes an examination by an evaluation team appointed by the board.
(B)
The team shall be composed of two (2) or more physicians, psychiatrists, psychologists, or other persons found by the board to be professionally qualified on the basis of training and experience in services for individuals with intellectual and developmental disabilities to make a determination as to whether the individual involved has an intellectual and developmental disability.
Amended by Act 2019, No. 1035,§ 21, eff. 7/24/2019.
Acts 1969, No. 265, § 11; A.S.A. 1947, § 59-1011.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-207 - Board of Developmental Disabilities Services - Contracts for provision of services

(a)
If and to the extent necessary to accomplish the intended purpose of this subchapter to make available the broadest and most effective provision of intellectual and developmental disabilities services to those in need of the services, the Board of Developmental Disabilities Services is authorized to contract for the providing of intellectual and developmental disabilities services by other public agencies or private organizations.
(b)
In this regard, the board may promulgate rules and fix standards necessary to properly ensure that such intellectual and developmental disabilities services are furnished in a proper and reasonable manner and on an economical basis.
Amended by Act 2019, No. 315,§ 2150, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 22, eff. 7/24/2019.
Acts 1969, No. 265, § 10; A.S.A. 1947, § 59-1010.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-208 - Board of Developmental Disabilities Services - License for facilities and institutions required

(a)
The Board of Developmental Disabilities Services shall:
(1)
Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and
(2)
Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care.
(b)
A public agency or private organization shall not operate any institution or facility for the provision of intellectual and developmental disabilities services unless the private agency or private organization has a license in effect.
(c)
The board shall not deny a license or suspend or revoke a license unless the applicant or licensee has notice and an opportunity for a hearing. The hearing and proceedings incidental thereto shall be governed by the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(d)
By appropriate proceeding in the Pulaski County Circuit Court, the board may enjoin the operation of any organization so long as it is not in compliance with the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2151, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 23, eff. 7/24/2019.
Acts 1969, No. 265, § 12; 1981, No. 106, § 1; A.S.A. 1947, § 59-1012.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-209 - Board of Developmental Disabilities Services - Planning and implementation

(a)
(1)
The Board of Developmental Disabilities Services is designated as the single state agency for the purpose of full participation under any federal act requiring the designation of a single state agency concerning planning, formulation, and implementation of programs, construction and operation of facilities, financing of facilities and programs, or otherwise pertaining to the obtaining and rendition of intellectual and developmental disabilities services.
(2)
However, subdivision (a)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.
(b)
(1)
The Board of Developmental Disabilities Services may coordinate the planning and implementation of intellectual and developmental disabilities programs and institutional and community activities of all public agencies.
(2)
However, subdivision (b)(1) of this section does not deprive other public agencies of jurisdiction over or the right to plan for and control and operate programs that pertain to intellectual and developmental disabilities services but which fall within the primary jurisdiction of other public agencies such as programs administered by the Arkansas School for the Deaf, the Arkansas School for the Blind, the Career Education and Workforce Development Board, the State Board of Education, the Department of Health, and the Department of Human Services.
(c)
(1)
Effective planning and coordination is essential to the public interest.
(2)
In order to achieve this to the fullest extent possible, the Board of Developmental Disabilities Services may establish and promulgate rules fixing standards for intellectual and developmental disabilities programs and activities and evaluate intellectual and developmental disabilities programs and activities of public agencies.
Amended by Act 2019, No. 315,§ 2152, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019.
Acts 1969, No. 265, § 8; A.S.A. 1947, § 59-1008.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-210 - Deputy Director of Division of Developmental Disabilities Services

(a)
(1)
There is created the office of the Deputy Director of the Division of Developmental Disabilities Services.
(2)
The deputy director shall:
(A)
Be appointed by the Board of Developmental Disabilities Services in consultation with the Secretary of the Department of Human Services;
(B)
Be a person of proven administrative ability and professional qualifications, preferably holding a Ph.D. or equivalent, but including at least a master's degree in psychology, education, social service, or other field of study approved by the board and shall have at least five (5) years' experience in intellectual and developmental disabilities services;
(C)
Be the Chair of the Board of Developmental Disabilities Services and shall maintain an official set of minutes of all board action; and
(D)
Be the executive officer of the Division of Developmental Disabilities Services and shall operate and manage the division, subject to the control of the board and in consultation with the secretary.
(b)
The board may delegate to the deputy director any powers of the board upon such terms and for such duration as the board shall specify.
Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5207, eff. 7/1/2019.
Acts 1969, No. 265, § 7; A.S.A. 1947, § 59-1007.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-211 - Board of Developmental Disabilities Services - Community centers

(a)
(1)
The Board of Developmental Disabilities Services may take the necessary action to establish and maintain, or to cause to be established and maintained, community centers, alone or together with public agencies or private organizations, at localities determined to be appropriate for the better providing of or for assistance in the providing of intellectual and developmental disabilities services in any region or locality of the state.
(2)
Community centers may be organized on a formal or informal basis as shall be determined to best suit the circumstances at any particular region or locality, including without limitation organization under the provisions of the Arkansas Nonprofit Corporation Act, §§
4-28-201
-
4-28-206
and
4-28-209
-
4-28-224
.
(b)
(1)
Within the limits of available funds, a program for furnishing intellectual and developmental disabilities services shall be developed for each community center which may include a state grants-in-aid program.
(2)
The board may promulgate rules covering the establishment and operation of community centers, the formulation and implementation of intellectual and developmental disabilities programs and activities for community centers, and the funding of the programs and activities.
(c)
The board is prohibited from promulgating any rule that would set the salary of any employee of a community-based program unless specifically required to do so by the United States Government.
Amended by Act 2019, No. 315,§ 2153, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019.
Acts 1969, No. 265, § 9; 1983, No. 779, § 19; A.S.A. 1947, §§ 59-1009, 59-1009.1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 2 - ARKANSAS INTELLECTUAL AND DEVELOPMENTAL DISABILITIES ACT (§§ 20-48-201 — 20-48-212) › Section 20-48-212 - Amount requested for Special Olympics Arkansas

(a)
The Board of Developmental Disabilities Services, when preparing its biennial budget request for submission to the Governor and the Legislative Council, shall consult with Special Olympics Arkansas concerning the amount which is to be submitted as the request for each year of the forthcoming biennium for a grant to Special Olympics Arkansas.
(b)
The amount determined by Special Olympics Arkansas shall be submitted as the board's request to the Governor and to the Legislative Council.
Amended by Act 2019, No. 1035,§ 24, eff. 7/24/2019.
Acts 1989 (1st Ex. Sess.), No. 246, § 17.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 3 - COOPERATIVE AGREEMENTS (§§ 20-48-301 — 20-48-305) › Section 20-48-301 - Purpose

The purpose of this subchapter is to permit the Board of Developmental Disabilities Services to cooperate with public agencies or private nonprofit organizations of adjoining states to provide services for residents of Arkansas with intellectual and other developmental disabilities.
Amended by Act 2019, No. 1035,§ 25, eff. 7/24/2019.
Acts 1973, No. 465, § 1; A.S.A. 1947, § 59-1013.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 3 - COOPERATIVE AGREEMENTS (§§ 20-48-301 — 20-48-305) › Section 20-48-302 - Authority to participate

(a)
Subject to the conditions and limitations contained in this subchapter, the Board of Developmental Disabilities Services may enter into agreements with public agencies, private nonprofit organizations, or combinations thereof from adjoining states for the purpose of performing its responsibility to the residents of Arkansas with intellectual and other developmental disabilities.
(b)
The agreements may include financial participation, using any funds that are at its disposal, to the extent that similar services would be performed within the state.
Amended by Act 2019, No. 1035,§ 26, eff. 7/24/2019.
Acts 1973, No. 465, § 2; A.S.A. 1947, § 59-1014.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 3 - COOPERATIVE AGREEMENTS (§§ 20-48-301 — 20-48-305) › Section 20-48-303 - Terms

Every agreement or contract entered into in accordance with this subchapter shall specify the following:
(1)
Full names and addresses of all parties to the agreement;
(2)
The precise organization, composition, and nature of the legal or administrative entity that will be providing services, together with its powers and limitations and manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking;
(3)
A description of the joint or cooperative undertaking that specifies the duties and responsibilities of all parties to the agreement;
(4)
The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget thereof, or in the case whereby one (1) of the participants agrees to furnish specified services, the financial arrangements therefor;
(5)
The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon a partial or complete termination; and
(6)
Any other necessary and proper matters.
Acts 1973, No. 465, § 3; A.S.A. 1947, § 59-1015.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 3 - COOPERATIVE AGREEMENTS (§§ 20-48-301 — 20-48-305) › Section 20-48-304 - Approval by Attorney General required

(a)
At the discretion of the Board of Developmental Disabilities Services, every agreement made pursuant to this subchapter shall be submitted to the Attorney General who shall determine whether the agreement is in proper form and compatible with the laws of this state before and as a condition precedent to its entry into force.
(b)
The Attorney General shall approve any agreement submitted to him or her hereunder unless he or she shall find that it does not meet the conditions set forth in this subchapter and shall detail in writing addressed to the board and the governing bodies concerned with the agreement the specific respects in which the proposed agreement fails to meet the requirements of law.
(c)
Failure to disapprove an agreement submitted pursuant to this subchapter within twenty (20) days of its submission shall constitute approval thereof.
Acts 1973, No. 465, § 4; A.S.A. 1947, § 59-1016.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 3 - COOPERATIVE AGREEMENTS (§§ 20-48-301 — 20-48-305) › Section 20-48-305 - Status of interstate compacts

Every agreement or contract entered into pursuant to this subchapter shall have the status of an interstate compact.
Acts 1973, No. 465, § 5; A.S.A. 1947, § 59-1017.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-401 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
[Repealed.]
(2)
"Center" means a human development center; and
(3)
"Superintendent" means the superintendent of a human development center.
Amended by Act 2019, No. 389,§ 61, eff. 7/24/2019.
Acts 1955, No. 6, § 1; A.S.A. 1947, § 59-1101.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-402 - Penalties

Any person who violates the following provisions shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment for not less than six (6) months, or both:
(1)
Under the provisions of this subchapter, knowingly, unlawfully, or improperly causes an individual to be adjudged developmentally disabled;
(2)
Procures the escape of an individual or knowingly conceals an escaped individual of a human development center; or
(3)
Unlawfully brings any firearm, deadly weapon, or explosive into a center or its grounds or passes any thereof to an individual, employee, or officer of a center.
Acts 1955, No. 6, § 16; A.S.A. 1947, § 59-1116.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-403 - Human development centers - Creation

(a)
There are created and there shall be maintained institutions for the care, custody, treatment, and training of individuals with intellectual and other developmental disabilities to be known as "human development centers".
(b)
For the purposes of the institutions, the Board of Developmental Disabilities Services is charged with the care and training of individuals with intellectual and other developmental disabilities.
Amended by Act 2019, No. 1035,§ 27, eff. 7/24/2019.
Acts 1955, No. 6, § 2; A.S.A. 1947, § 59-1102.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-404 - Eligibility for admission

An individual may be deemed eligible for admission to a human development center if, due to intellectual or other developmental disability, the individual is incapable of managing his or her affairs and the individual's welfare requires the special care, training, and treatment provided at a human development center.
Amended by Act 2019, No. 1035,§ 27, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 62, eff. 7/24/2019.
Acts 1955, No. 6, § 3; A.S.A. 1947, § 59-1103; Acts 1999, No. 1437, § 1.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-405 - Petition for admission

(a)
A parent or guardian of an individual with intellectual and developmental disabilities may file with the Board of Developmental Disabilities Services a verified petition requesting that the individual be admitted to the human development center.
(b)
The petition shall include:
(1)
The relation of the individual to the petitioner;
(2)
The name, age, sex, and residence of the individual;
(3)
A statement of the mental and physical condition of the individual;
(4)
Whether the individual has any property or means of support;
(5)
The name of the person having custody of the individual;
(6)
The place where and length of time the individual has resided in the state; and
(7)
A statement as to whether the petitioner desires that the individual be admitted voluntarily or by commitment.
(c)
In the event the estate of the individual or his or her parents, relative, or guardian is unable to pay for the maintenance, training, and education, the petition shall state this fact.
Amended by Act 2019, No. 1035,§ 28, eff. 7/24/2019.
Acts 1955, No. 6, § 4; 1957, No. 349, § 1; A.S.A. 1947, § 59-1104.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-407 - Order of commitment

(a)
The order of commitment shall include the name, residence, and date of birth of the individual, the nationality and address, insofar as may be ascertained, of his or her parents, and the amount of his or her estate.
(b)
The order of commitment shall be made in duplicate and signed by the judge of the court. One (1) copy shall become a record of the court files, and the other copy shall be mailed by the clerk of the court to the superintendent of the human development center.
Acts 1955, No. 6, § 6; A.S.A. 1947, § 59-1106.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-408 - Transfer of individuals from other institutions

(a)
The superintendent of a state institution other than a human development center may report to the examining physicians and request the examination of any individual therein deemed intellectually disabled.
(b)
Upon receipt of the report and request, the examining physicians shall conduct the examination in the county in which the institution having custody of the individual is located and, in the event that it is determined by the examining physicians that the individual is intellectually disabled and will benefit by the services offered by the center, shall file a petition showing those facts with the court originally committing the individual to the institution.
(c)
Upon receipt of the petition, the court may order the individual transferred to a center.
Acts 1955, No. 6, § 7; A.S.A. 1947, § 59-1107.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-409 - Permit to visit

(a)
The Board of Developmental Disabilities Services may, under such conditions and for such length of time as it may deem advisable, permit an individual to leave a human development center for the purpose of visiting in a private home and may revoke or extend the period of the visit or change the conditions upon which it is granted.
(b)
The board shall, before the granting of a permit to visit, cause an investigation to be made of the home in which the individual is to visit and such other conditions and circumstances as may affect his or her welfare and behavior.
(c)
The board may provide such supervision of an individual leaving the center for the purpose of a visit as it may deem advisable.
(d)
An individual receiving a permit to visit shall not be deemed discharged from the center.
Acts 1955, No. 6, § 8; A.S.A. 1947, § 59-1108.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-410 - Return of individual

Any officer authorized to serve criminal process shall, upon the written request of the superintendent, return to the human development center or hold in custody an individual who has escaped or who has been temporarily released from the center under a permit to visit.
Acts 1955, No. 6, § 10; A.S.A. 1947, § 59-1110.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-411 - Charges

(a)
(1)
In the case of each petition for admission, the Board of Developmental Disabilities Services shall investigate and determine whether the individual or his or her parents or guardian can pay for the maintenance, training, education, or care of the individual.
(2)
The board is authorized to establish a system of charges to be based upon the ability of the individual or his or her parents or guardian to pay for maintenance, training, education, or care and to impose the charges.
(3)
However, if the board determines that the individual or his or her parents or guardian is unable to pay for all or part of the maintenance, training, education, or care of the individual, the board may provide all or part without charge.
(4)
The board may vary the schedule of charges from time to time as circumstances warrant.
(b)
(1)
If any individual or his or her parents or guardian shall fail or refuse to pay the charges so assessed by the board, the board shall have and is granted the authority to institute appropriate legal proceedings in a court of competent jurisdiction for the collection of the charges.
(2)
The board is authorized to retain the services of legal counsel and pay a reasonable fee for any services furnished the board.
(c)
All fees provided for by subsections (a) and (b) of this section for the benefit of the human development centers shall be deposited into the State Treasury as special revenues and shall be credited to the Developmental Disabilities Services Fund Account.
(d)
Subsections (a) and (b) of this section shall be liberally construed. The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
Acts 1955, No. 6, § 11; 1957, No. 349, § 4; 1959, No. 352, § 1; 1963, No. 186, §§ 6, 11; A.S.A. 1947, §§ 59-1111, 59-1112, 59-1126.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-412 - Discharge

(a)
Any individual who has entered a human development center by voluntary admission in accordance with the provisions of §
20-48-406(b)
may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided the parent or guardian shall have first given to the Board of Developmental Disabilities Services thirty (30) days' notice in writing of his or her intention to withdraw the individual from the center.
(b)
An individual committed by order of the circuit court to a center or transferred from another institution shall not be discharged therefrom until, in the judgment of the board and the superintendent of the center, his or her condition justifies the discharge. Whenever the board in its sole judgment determines that the individual should be discharged, the discharge shall be by order of the board, and the board shall certify the discharge to the circuit court of the county making the order of commitment.
Acts 1955, No. 6, § 9; 1957, No. 349, § 3; A.S.A. 1947, § 59-1109.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-413 - Emotionally disturbed individuals with co-occurring intellectual disabilities and behavioral health disabling conditions

(a)
The Board of Developmental Disabilities Services may establish and operate an appropriate facility at such location in the state as it shall determine for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions, and individuals with disorganized behavior, including hyperkinetic, hyperactive, or aggressive behaviors who function as individuals with co-occurring intellectual disabilities and behavioral health disabling conditions.
(b)
The board may make rules regarding eligibility for admission to the facility, care and treatment of the individuals, discharge from and return to the facility, charges for the maintenance, care, and training of individuals admitted to the facility, and such other matters as the board shall deem necessary to carry out the most effective program for the care and treatment of individuals with co-occurring intellectual disabilities and behavioral health disabling conditions of this state.
Amended by Act 2019, No. 315,§ 2154, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 29, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 64, eff. 7/24/2019.
Acts 1969, No. 72, §§ 1, 2; A.S.A. 1947, §§ 59-1132, 59-1133.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-414 - Off-premises training for staff members

(a)
The Board of Developmental Disabilities Services is authorized to extend to selected staff members of the human development centers off-premises assignments for educational or training purposes. In determining whether to make the off-premises assignments, the board shall be guided by the recommendations of the center superintendent based on such considerations as the requirements of the center for qualified personnel, the availability of qualified persons in specialized fields, the availability of funds, and other factors contributing to staff development.
(b)
(1)
Before granting any off-premises assignment for educational or training purposes, the board shall enter into an agreement with the staff member which shall require the staff member, upon completion of the educational or training program, to return to the human development center in the same or comparable position for such period of time as may be agreed upon by the board and the staff member.
(2)
Any staff member who fails to return to the center pursuant to the agreement shall be liable for any compensation paid to the staff member by the center during the period for which he or she was granted the off-premises assignment for educational or training purposes.
(3)
The agreement entered into by the board and the staff member shall provide that the venue of any action brought to recover any funds paid the staff member under the agreement shall be in Pulaski County.
Acts 1967, No. 443, §§ 1, 2; A.S.A. 1947, §§ 59-1130, 59-1131.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-416 - Designation as state entity for carrying out federal acts

(a)
The Board of Developmental Disabilities Services is designated as the single state entity for carrying out any federal act or law pertaining to individuals with intellectual disabilities and other forms of developmental disabilities.
(b)
The board may take all action of every nature whatever necessary or desirable in complying with the requirements of any federal act or law and accomplishing the purposes thereof, including without limitation:
(1)
The receiving, handling, and disbursing of grants and funds appropriated by any federal act or law;
(2)
The making of provisions to assure full consideration of all aspects of services essential to planning for comprehensive state and community action to combat the effects of intellectual and developmental disabilities and provide services for individuals with intellectual and developmental disabilities, including services in the fields of education, employment, rehabilitation, habilitation, welfare, health, and the law, and services provided through community programs for and institutions for individuals with intellectual and developmental disabilities;
(3)
The preparing and submitting of plans for expenditure of such grants and funds and providing the assurance required by any federal act or law as to carrying out the purposes of any federal act or law;
(4)
The preparing and submitting of reports of the activities of human developmental centers in carrying out the purposes of any federal act or law in such form and containing such information as may be required by any federal act or law and keeping records and affording access to the records in order to assure correctness and verification of such reports as may be required by any federal act or law;
(5)
The providing for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for grants and funds paid to the human development centers in accordance with the requirements of any federal act or law; and
(6)
The doing of all things and taking of all action to carry out any plans for expenditures of the grants and funds in accordance with and for the accomplishment of the purposes of any federal act or law.
(c)
(1)
This section shall be liberally construed.
(2)
The enumeration of any object, purpose, power, manner, method, and thing does not exclude like or similar objects, purposes, powers, manners, methods, or things.
(3)
This section is supplementary to any existing purposes and powers authorized to be accomplished by the human development centers or the board.
Amended by Act 2019, No. 1035,§ 30, eff. 7/24/2019.
Acts 1963, No. 277, §§ 1-3; A.S.A. 1947, §§ 59-1127 -- 59-1129.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-418 - Vocational trainees

The Division of Developmental Disabilities Services may provide employment opportunities for individuals with developmental disabilities who:
(1)
Reside at a human development center; and
(2)
Work at a less than competitive employment level.
Added by Act 2023, No. 863,§ 11, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 4 - HUMAN DEVELOPMENT CENTERS GENERALLY (§§ 20-48-401 — 20-48-419) › Section 20-48-419 - Prohibition on closure of human development centers

The Board of Developmental Disabilities Services and the Department of Human Services shall not close any of the existing five (5) human development centers.
Added by Act 2023, No. 863,§ 12, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-501 - Liberal construction - Act supplemental

(a)
This subchapter shall be liberally construed.
(b)
The enumeration of any object, purpose, power, manner, method, and thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
(c)
Furthermore, this subchapter shall be construed as being supplementary to any existing purposes and powers authorized to be accomplished and performed by the Board of Developmental Disabilities Services and by the human development centers.
Acts 1963, No. 186, § 11; A.S.A. 1947, § 59-1126.
Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 3 - MENTAL HEALTH (§§ 20-45-101 — 20-50-106) › Chapter 48 - TREATMENT OF THE DEVELOPMENTALLY DISABLED (§§ 20-48-101 — 20-48-1108) › Subchapter 5 - HUMAN DEVELOPMENT CENTERS - PROPERTY AND FINANCES (§§ 20-48-501 — 20-48-511) › Section 20-48-502 - Authority to acquire properties

(a)
The Board of Developmental Disabilities Services, established and existing pursuant to the provisions of §
20-48-401
et seq., is authorized to own, acquire, construct, reconstruct, extend, equip, improve, maintain, operate, lease, contract concerning, or otherwise deal in and with any lands, improvements, buildings, furniture, furnishings, machinery, and personal property of any and every nature whatever, sometimes called "properties", that can be used by the board for the accomplishment of, or in connection with the accomplishment of, any of the purposes and powers of the board and of the human development centers as specified by and set forth in §
20-48-401
et seq., or as specified by this subchapter or by any constitutional provision or act.
(b)
The properties may be located on or near the present operation of the Conway Human Development Center or at any other location in the State of Arkansas where the board shall undertake operations to discharge its purposes and powers.
Acts 1963, No. 186, § 1; A.S.A. 1947, § 59-1117.