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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 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
.
Acts 1989, No. 861, § 5; 1989 (3rd Ex. Sess.), No. 72, § 1; 1997, No. 1224, § 3.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 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.
Acts 1989, No. 861, § 8.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 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.
Acts 1989, No. 861, § 8.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 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.
Acts 1989, No. 861, §§ 6, 7.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 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.
Acts 1989, No. 861, § 9; 2007, No. 463, § 4.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-215 - Additional periods of involuntary admission - Petitions - Hearing

(a)
Generally.
(1)
Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.
(2)
Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in §
20-47-207
if discharged.
(3)
The treatment staff may request additional involuntary admission orders as they are deemed necessary.
(b)
Procedure.
(1)
(A)
A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff.
(B)
The petition shall set forth the facts and circumstances forming the basis for the request.
(2)
Upon the filing of a petition for additional involuntary admission, all rights enumerated in §§
20-47-211
and
20-47-212
shall be applicable.
(c)
Hearing.
(1)
(A)
A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission.
(B)
The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed.
(C)
All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person.
(2)
All testimony shall be recorded under oath and preserved.
(3)
The need for additional involuntary admission shall be proved by clear and convincing evidence.
(d)
New Original Petition.
Nothing in this section shall prevent a new original petition from being filed subsequent to the release of a person involuntarily admitted pursuant to this subchapter.
(e)
Upon filing of an order of commitment issued under this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.
Acts 1989, No. 861, § 10; 2007, No. 463, § 5; 2011, No. 823, § 2.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-216 - Continuances

Continuances requested by either party for any hearing provided for in this subchapter shall be granted only for good cause shown. "Good cause" includes obtaining a separate and independent evaluation or expert testimony on behalf of the person sought to be involuntarily admitted or allowing hospitalization of the person for medical treatment not associated with the person's mental illness, disease, or disorder.
Acts 1989, No. 861, § 11.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-217 - Appeals

All involuntary admission orders authorized in this subchapter shall be considered final and appealable under Rule 2 of the Arkansas Rules of Appellate Procedure - Civil.
Acts 1989, No. 861, § 23.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-218 - Treatment

(a)
At all steps of the involuntary admission proceeding, the mental health treatments and conditions of treatment for the person named in the petition for involuntary admission shall be no more harsh, hazardous, or intrusive than necessary to achieve a successful treatment or objective for the person and shall involve no restrictions on physical movement or supervised, resident, outpatient, or inpatient care except as reasonably necessary for the administration of treatment for the protection of the person or others from physical injury.
(b)
Specific limitations on treatment during detention shall include the following:
(1)
Detention under this subchapter may only be in a hospital or receiving facility or program as defined in §
20-47-202
;
(2)
(A)
During the initial period of evaluation and treatment, psychotherapy and oral or intermuscular medication may be used if the effects of the medication on the behavior of the individual do not exceed seventy-two (72) hours.
(B)
Medication such as fluphenozine decanoate, commonly known as long-acting medication, or electroconvulsive therapy or psychosurgery shall not be used during this period;
(3)
(A)
Psychosurgery shall not be used during any involuntary admission period if the person is involuntarily admitted to a receiving facility or program.
(B)
Electroconvulsive therapy may be used against a patient's wishes only if the circuit court is presented with clear and convincing proof that such treatment is necessary; and
(4)
Short-acting and long-acting medication may be used during the forty-five-day admission period and the one-hundred-eighty-day involuntary admission period.
(c)
If the court at a forty-five-day admission period or a one-hundred-eighty-day involuntary admission hearing finds by clear and convincing evidence that the person is in need of treatment, it shall issue an order involuntarily admitting the person to the custody of the administrator or his or her designee for care and treatment within a receiving facility or program which is located within the person's geographic area of residence or to an appropriate hospital as defined in §
20-47-202
.
(d)
(1)
A treatment plan will be submitted to the court for approval at hearings held under §§
20-47-214
and
20-47-215
.
(2)
The treatment plan will be submitted by the person's treatment staff of the hospital or the receiving facility or program to which the person has been involuntarily admitted.
(3)
The approved treatment plan shall be incorporated by reference as a part of the court's order of involuntary admission.
(e)
Notification shall be provided to the court by the person's treatment staff upon a change in the person's treatment plan if the change results in the person's being treated in a more restrictive setting or manner.
Acts 1989, No. 861, § 15.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-219 - Return of persons absent from treatment - Noncompliance with treatment plan - Effect on order

(a)
If any person involuntarily admitted to a receiving facility or program or hospital for care pursuant to this subchapter absents himself or herself from a receiving facility or program or hospital without leave or fails to comply with the court-approved treatment plan, the person will be returned, upon the request of the person's treatment staff, to the receiving facility or program or hospital by the sheriff of the county or law enforcement officer of the city of the first class in which the individual is physically present or the hospital or receiving facility or program security personnel without further proceedings.
(b)
Notification shall be provided to the court by the person's treatment staff if a person absents himself or herself without leave or fails to comply with the court-approved treatment plan.
(c)
A person's noncompliance with the court-approved treatment plan or absenting himself or herself from a receiving facility or program or hospital without leave shall not vacate an order; the order shall remain in effect until abated or changed by the issuing court or until the expiration of one (1) year.
Acts 1989, No. 861, § 18.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-220 - Fundamental rights

(a)
No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled except as provided for by law.
(b)
No person shall be deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational, or motor vehicle driver's licenses, to marry or to obtain a divorce, to vote, to make a will, or to exercise any other civil right solely by reason of that person's admission to the mental health services system.
(c)
No person receiving mental health services shall be subjected to abuse or neglect.
(d)
No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, religion, national origin, age, handicap, or degree of disability.
(e)
Persons receiving mental health services shall be treated with dignity and respect.
Acts 1989, No. 861, § 16.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-221 - Patient or client advocate

(a)
(1)
The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall designate a patient or client advocate for the three (3) state mental health facilities located in Little Rock and Benton.
(2)
The designated patient or client advocate in these facilities shall report directly to the deputy director.
(b)
The administrator of each receiving facility or program shall designate a patient or client advocate for that receiving facility or program who shall report directly to the administrator.
(c)
The patient or client advocate's job duties in this capacity shall consist primarily of:
(1)
Ensuring that each patient or client is aware of his or her rights;
(2)
Investigating complaints of patients or clients;
(3)
Assisting in training staff of the receiving facility or program regarding patient's rights; and
(4)
Acting as an advocate on behalf of a patient or client who is unable to register a complaint because of his or her mental or physical condition.
Amended by Act 2017, No. 913,§ 80, eff. 8/1/2017.
Acts 1989, No. 861, § 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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-222 - Transfer and admission of residents who become ill in another state

The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or his or her designee shall have authority to authorize the transfer and admission to a receiving facility or program of any person who is a legal resident of the state and who may become mentally ill while a transient in another state, under the Interstate Compact on Mental Health, §
20-50-101
et seq.
Amended by Act 2017, No. 913,§ 81, eff. 8/1/2017.
Acts 1989, No. 861, § 19.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-223 - Admission not adjudication of incapacity

No person admitted voluntarily or involuntarily to a receiving facility or program or hospital under this subchapter shall be considered incapacitated per se by virtue of admission.
Acts 1989, No. 861, § 22.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-224 - Conversion from involuntary to voluntary status

(a)
At any time during the involuntary admission period, a person may be converted to a voluntary admission status if the person's treating physician or treatment staff psychiatrist files a written statement of consent with the court.
(b)
The court shall dismiss the action immediately upon the filing of the statement.
Acts 1989, No. 861, § 12.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-225 - Liability for charges

(a)
Notwithstanding any statute enacted before January 1, 2011, receiving facilities and programs and the Arkansas State Hospital may make charges for patient treatment.
(b)
Persons legally liable for the support of a patient are liable jointly and severally with the patient and the estate of the patient for treatment charges.
(c)
Patient treatment charges may not exceed the actual cost of treatment.
(d)
(1)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall promulgate rules establishing reasonable charges that may be made by a receiving facility or program and the Arkansas State Hospital.
(2)
Rules establishing reasonable charges shall:
(A)
Provide for postponing the collection of charges based on clinical considerations or the patient's inability to pay, or both; and
(B)
Waive charges for treatment of defendants who plead guilty or nolo contendere or are found guilty at trial.
Amended by Act 2017, No. 913,§ 82, eff. 8/1/2017.
Acts 1989, No. 861, § 21; 2011, No. 991, § 4.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-226 - Forms

(a)
The Director of the Administrative Office of the Courts and the Prosecutor Coordinator shall jointly prescribe all other forms reasonably necessary to carry out this subchapter, provided that the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee may prescribe forms pertaining to preadmission history to accompany the person when presented for admission, to be waived in dire emergencies.
(b)
The Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or designee shall assist the Director of the Administrative Office of the Courts in prescribing forms for the required medical certificates.
(c)
Substantial adherence to the prescribed forms will suffice in any instance.
Amended by Act 2017, No. 913,§ 83, eff. 8/1/2017.
Acts 1989, No. 861, § 20.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-227 - Exclusion from liability

No officer, physician, or other person shall be held civilly liable for his or her actions pursuant to this subchapter in the absence of proof of bad faith, malice, or gross negligence.
Acts 1989, No. 861, § 14.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-228 - Assurance of compliance

(a)
To assure compliance under this subchapter, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, through its authorized agents, may visit or investigate any state mental health system program or facility to which persons are voluntarily or involuntarily admitted under this subchapter.
(b)
The division shall by July 1 of each year designate receiving facilities and programs within prescribed geographic areas of the state for purposes of voluntary admissions or involuntary commitments under this subchapter and establish ongoing mechanisms for review and refinement of the state mental health system.
Amended by Act 2017, No. 913,§ 84, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 15, eff. 8/16/2013.
Acts 1989, No. 861, § 26.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-229 - Restraint of Arkansas State Hospital patient

(a)
If necessary for security, an Arkansas State Hospital patient shall be physically restrained with a restraint while being transported to locations away from hospital grounds or to and from any court appearance.
(b)
A patient shall not be physically restrained with a restraint if the restraint is medically contraindicated.
(c)
The restraint shall be implemented in accordance with safe and appropriate restraint types and restraint techniques as determined by hospital policy.
(d)
The restraint used shall be the least restrictive type or technique necessary to effectively protect the patient, staff members, or others from harm.
(e)
The restraint shall not be used as a means of coercion, discipline, convenience, or retaliation by staff.
Acts 2007, No. 636, § 4; 2009, No. 952, § 8.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 2 - COMMITMENT AND TREATMENT (§§ 20-47-201 — 20-47-230) › Section 20-47-230 - Return of detained or involuntarily admitted person to state of residence - Reciprocal agreements

(a)
The Department of Human Services may enter into a reciprocal agreement with a state that adjoins the Arkansas state line or is separated only by a navigable river from the Arkansas state line to facilitate the return of a person who is detained in or involuntarily admitted to mental health facilities in this state or another state to the state of his or her residence.
(b)
The state returning a detained or involuntarily admitted person to another state shall bear the expenses of returning the person, unless the state agrees to share costs under a reciprocal agreement made under subsection (a) of this section.
(c)
If a state or local authority of another state petitions the department, the department shall enter into a reciprocal agreement with the state or local authority to facilitate the return of a person who is detained in or involuntarily admitted to a receiving facility or program in this state to the state of his or her residence unless the department determines that the terms of the agreement are not acceptable.
(d)
(1)
A reciprocal agreement entered into by the department under subsection (a) of this section shall require the department to develop a process for returning a person who is detained in or involuntarily admitted to a receiving facility or program to the person's state of residence.
(2)
A process developed under subdivision (d)(1) of this section shall:
(A)
Provide suitable care for the person who is detained in or involuntarily admitted to a mental health facility;
(B)
Use available resources efficiently; and
(C)
Consider commitment to a proximate mental health facility to make possible the return of the detained or involuntarily admitted person to his or her state of residence.
(e)
The department shall coordinate the reciprocal agreement and the process developed under subsection (d) of this section with a mental health facility, mental hospital, health service provider, court, or law enforcement agency located in Arkansas.
Added by Act 2013, No. 573,§ 2, eff. 8/16/2013.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 3 - RESIDENTIAL CARE FACILITIES (§§ 20-47-301 — 20-47-303) › Section 20-47-301 - Legislative findings and intent

(a)
(1)
The General Assembly recognizes that the state encouraged the placement of mentally ill residents into residential care facilities over a decade ago and has taken various approaches to funding since then. The General Assembly also recognizes that there are inherent problems with the current system that create disincentives for proper care and physical environments.
(2)
The General Assembly further recognizes that:
(A)
Individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in §
20-48-101
face many of the same challenges in receiving proper care and assistance with activities of daily living as individuals with mental illness living in residential care facilities;
(B)
An individual with mental illness who is Medicaid-eligible and lives in a residential care facility can receive Medicaid congregate-setting personal care services to assist with activities of daily living while an individual with developmental disabilities who is Medicaid-eligible and lives in a group home, community residential housing, or apartment operated by a nonprofit community program as defined in §
20-48-101
is not able to receive similar services through the Medicaid Personal Care Program; and
(C)
This inequity must be corrected in order to provide equal access to Medicaid congregate-setting personal care services for individuals with developmental disabilities.
(b)
The purpose of this subchapter is to provide short-term solutions and long-term solutions to the problem of caring for individuals with mental illness, elderly persons, and other residents in residential care facilities and assisted living facilities and individuals with developmental disabilities living in group homes, community residential housing, and apartments operated by nonprofit community programs as defined in §
20-48-101
.
Acts 1999, No. 1421, § 1; 2011, No. 1156, § 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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 3 - RESIDENTIAL CARE FACILITIES (§§ 20-47-301 — 20-47-303) › Section 20-47-302 - [Repealed]

Repealed by Act 2013, No. 1145,§ 2, eff. 8/16/2013.
Acts 1999, No. 1421, § 2.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 4 - COOPERATION AMONG INSTITUTIONS (§§ 20-47-401 — 20-47-406) › Section 20-47-401 - Contracts with United States Department of Veterans Affairs and certain other federal agencies

(a)
The Director of the Arkansas State Hospital is given power and authority to make contracts with the United States Department of Veterans Affairs or any other federal agency for the hospitalization of any patients who are veterans and eligible for hospitalization by the United States Government on such terms of payment to the Arkansas State Hospital as established by the Department of Human Services State Institutional System Board.
(b)
The director is also authorized and empowered to ratify and confirm any contract, either express or implied, which may have been made in the past for the hospitalization of veterans. The director is authorized to receive and collect any funds that may be due from the United States Government for hospitalization.
Acts 1971, No. 433, ch. 3, § 26; A.S.A. 1947, § 59-426.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 4 - COOPERATION AMONG INSTITUTIONS (§§ 20-47-401 — 20-47-406) › Section 20-47-402 - Commitment to United States Department of Veterans Affairs and certain other federal hospitals - Generally

(a)
Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his or her proper care, it is determined after the adjudication of the status of the person as may be required by law that commitment to a hospital or other institution because of mental disease is necessary for safekeeping or treatment and it appears that the person is eligible for care or treatment by the United States Department of Veterans Affairs or other agency of the United States Government, then the court, upon receipt of a certificate from the United States Department of Veterans Affairs or other agency showing that facilities are available and that the person is eligible for care or treatment therein, may commit the person to the United States Department of Veterans Affairs or other agency.
(b)
The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner as provided by the law of this state. Nothing in this act shall affect his or her right to appear and be heard in the proceedings.
(c)
Upon commitment, the person when admitted to any facility operated by any agency within or without this state shall be subject to the rules and regulations of the United States Department of Veterans Affairs or other agency.
(d)
The chief officer of any facility of the United States Department of Veterans Affairs or an institution operated by any other agency or the United States to which the person is so committed shall, with respect to the person, be vested with the same powers as directors of state hospitals for mental diseases within the state are with respect to retention of custody, transfer, parole, or discharge.
(e)
Jurisdiction is retained in the committing court or other appropriate court of this state any time to inquire into the mental condition of the person so committed and to determine the necessity for continuance of his or her restraint, and all commitments pursuant to this act are so conditioned.
Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 4 - COOPERATION AMONG INSTITUTIONS (§§ 20-47-401 — 20-47-406) › Section 20-47-403 - Commitment to United States Department of Veterans Affairs and certain other federal hospitals - Judgment or order

(a)
The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the United States Department of Veterans Affairs or other agency of the United States Government for care or treatment shall have the same force and effect in relation to the committed person while in this state as exists in the jurisdiction in which is situated the court entering the judgment or making the order.
(b)
The courts of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person and of determining the necessity for continuance of his or her restraint, as is provided in §
20-47-402
with respect to persons committed by the courts of this state.
(c)
Consent is given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the United States Department of Veterans Affairs or of any institution operated in this state by any other agency of the United States, to retain custody, or to transfer, parole, or discharge the committed person.
Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 4 - COOPERATION AMONG INSTITUTIONS (§§ 20-47-401 — 20-47-406) › Section 20-47-404 - Commitment to United States Department of Veterans Affairs and certain other federal hospitals - Transfer

(a)
Upon receipt of a certificate of the United States Department of Veterans Affairs or other agency of the United States stating that facilities are available for the care or treatment of any person who is committed to any hospital for the mentally ill or other institution for the care or treatment of persons similarly afflicted and that the person is eligible for care or treatment, the director of the institution where the person is committed may cause the transfer of the person to the United States Department of Veterans Affairs or other agency of the United States for care or treatment.
(b)
Upon effecting any transfer, the committing court or proper officer thereof shall be notified of the transfer by the transferring agency.
(c)
No person shall be transferred to the United States Department of Veterans Affairs or other agency of the United States if he or she is confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the grounds of insanity unless before transfer the court or other authority originally committing the person shall enter an order for the transfer after appropriate motion and hearing.
(d)
Any person transferred as provided in this section shall be deemed to be committed to the United States Department of Veterans Affairs or other agency of the United States pursuant to the original commitment.
Acts 1971, No. 433, ch. 3, § 28; A.S.A. 1947, § 59-428.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 4 - COOPERATION AMONG INSTITUTIONS (§§ 20-47-401 — 20-47-406) › Section 20-47-405 - Treatment for tuberculosis - Transfer

(a)
Any person who is committed to the Arkansas State Hospital for treatment of a mental disease and who has or who develops tuberculosis may be transferred to a private hospital for treatment of his or her tuberculosis in the discretion of the Director of the Arkansas State Hospital.
(b)
The person so transferred shall be returned to the Arkansas State Hospital when his or her tuberculosis has improved to the point where it is not dangerous to himself or herself or others.
Acts 1971, No. 433, ch. 3, § 27; A.S.A. 1947, § 59-427; Acts 2005, No. 440, § 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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 4 - COOPERATION AMONG INSTITUTIONS (§§ 20-47-401 — 20-47-406) › Section 20-47-406 - Department of Human Services agreements for medical care of indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis

(a)
The Arkansas State Hospital and other state institutions are authorized to enter into agreements with the Department of Human Services to establish and maintain a medical care program for indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis at the Arkansas State Hospital and any other state institution and to transfer funds to the Department of Human Services Fund pursuant to the agreement.
(b)
The agreement made between the Arkansas State Hospital or other institution and the department shall be in compliance with federal law and shall meet qualifications necessary for federal funds to be paid for the care of indigent individuals with mental illness, intellectual and developmental disabilities, or tuberculosis in the Arkansas State Hospital or other institution.
(c)
In order to reimburse the fund for expenditures made by the department in accordance with agreements made with the Arkansas State Hospital and other institutions, the Chief Fiscal Officer of the State shall make rules for transfers from the respective State Treasury funds or accounts from which the institutions making agreements derive their financial support to the fund in keeping with the provisions of the agreement made between the Arkansas State Hospital or other state institutions and the department.
Amended by Act 2019, No. 315,§ 2146, eff. 7/24/2019.
Amended by Act 2019, No. 1035,§ 16, eff. 7/24/2019.
Amended by Act 2019, No. 389,§ 57, eff. 7/24/2019.
Acts 1971, No. 433, ch. 3, §§ 29-31; A.S.A. 1947, §§ 59-429 -- 59-431.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 5 - CHILD AND ADOLESCENT SERVICE SYSTEM PROGRAM (§§ 20-47-501 — 20-47-510) › Section 20-47-501 - Purpose

The General Assembly finds that services to children are provided by various departments and agencies at both the state and local level, often without appropriate collaboration. The General Assembly declares that the purpose of this subchapter is to establish a structure for coordinated policy development, comprehensive planning, collaborative budgeting, and resource allocation for services to children with emotional disturbance and their families. It is further the intention of this subchapter to build on existing resources and to design and implement a coordinated service system for children with emotional disturbances that is child-centered, family-centered, and community-based.
Acts 1991, No. 964, § 1; 2001, No. 1517, § 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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 5 - CHILD AND ADOLESCENT SERVICE SYSTEM PROGRAM (§§ 20-47-501 — 20-47-510) › Section 20-47-503 - System of care

The following guiding principles shall be incorporated into the system of care:
(1)
Services shall be child-centered and family-centered and give priority to keeping children with their families;
(2)
Services shall be community-based, with decision-making responsibility and management at the regional and local levels;
(3)
Services shall be comprehensive, addressing the child's physical, educational, social, and emotional needs;
(4)
Agency resources and services shall be shared and coordinated;
(5)
Services shall be provided in the least restrictive setting consistent with effective services and as close to home as appropriate;
(6)
Services shall be culturally and ethnically sensitive;
(7)
Services shall address the unique needs and potential of each child and shall be sufficiently flexible to meet highly individualized child and family needs;
(8)
Services shall promote early identification and intervention; and
(9)
Services shall be designed to protect the rights of children.
Acts 1991, No. 964, § 3.
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 47 - TREATMENT OF THE MENTALLY ILL (§§ 20-47-101 — 20-47-1007) › Subchapter 5 - CHILD AND ADOLESCENT SERVICE SYSTEM PROGRAM (§§ 20-47-501 — 20-47-510) › Section 20-47-504 - Components of system of care

The components of the system of care shall include, but not be limited to:
(1)
Single point of entry;
(2)
Screening and assessment;
(3)
Case management;
(4)
Case review;
(5)
Collaborative evaluation; and
(6)
Service array.
Acts 1991, No. 964, § 4; 2001, No. 1517, § 3.