reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-106 - Division heads and other personnel

(a)
(1)
The Secretary of the Department of Human Services, with the advice and consent of the Governor, shall employ the heads of the various divisions of the Department of Human Services.
(2)
The heads of the respective offices, sections, or units of the department and all other personnel of the department shall be employed by and serve at the pleasure of the secretary.
(b)
(1)
However, the directors of the various institutions and programs under the jurisdiction and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services within the Department of Human Services shall be named by the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services, with the concurrence of the secretary.
(2)
All personnel employed in the institutions under the management and control of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be named by the directors thereof, under the departmental rules related to personnel, and all personnel records of the institutions of the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall be in conformance with the general personnel policies promulgated by the secretary for other employees of the department.
(c)
Nothing in this act shall be construed to reduce any rights which an employee of the department or the various divisions, offices, sections, or units thereof shall have under any civil service or merit system.
Amended by Act 2019, No. 315,§ 2914, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5244, eff. 7/1/2019.
Acts 1971, No. 38, §§ 5, 12; 1985, No. 348, §§ 5, 12; A.S.A. 1947, §§ 5-912, 5-912i.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-107 - Reports by divisions

(a)
All other divisions within the Department of Human Services shall provide the office of the Secretary of the Department of Human Services with all policies regarding personnel administration, procurement of commodities and services, accounting and budget control, licensure of facilities, program planning and evaluation, contractual agreements with consultants and providers of services, data processing systems management, federal grant management, and any other information which may be requested by the office.
(b)
(1)
The other divisions shall report quarterly to the office concerning the areas of coordination and cooperation where the divisions have worked with other departmental divisions and concerning the plans for coordination and cooperation in the next quarter.
(2)
A copy of the report shall be sent to the Legislative Council upon request of the Legislative Council.
Amended by Act 2019, No. 910,§ 5245, eff. 7/1/2019.
Amended by Act 2017, No. 913,§ 5, eff. 8/1/2017.
Acts 1983, No. 307, § 3; A.S.A. 1947, § 5-912.4; Acts 1995, No. 164, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-109 - Institutional services generally - Development of admission policies, etc

In addition to the functions and duties provided by law and this act to be performed by the Board of Developmental Disabilities Services within the Department of Human Services and the Department of Human Services State Institutional System Board, it is the intent of this act that the Department of Human Services State Institutional System Board and the Board of Developmental Disabilities Services shall cooperate with the Secretary of the Department of Human Services, the divisions, offices, sections, or units of the department created by this act, and the programs funded by and operated by the department by developing admission policies, criteria, and services which will assure appropriate access to institutional services to meet the residential service needs of the citizens of this state.
Amended by Act 2019, No. 910,§ 5247, eff. 7/1/2019.
Acts 1985, No. 348, § 10; A.S.A. 1947, § 5-912g.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-110 - Institutional services generally - Charges

(a)
It is found and determined by the General Assembly that under existing law most institutions in the Department of Human Services engaged in providing services to members of the general public seek recovery of the costs of providing those services on the basis of the average per capita cost. It is further found and determined that these methods of charging costs result in significant revenue losses to the state and do not allow the recovery of the actual costs of providing the services.
(b)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, the Division of Youth Services, and the Division of Developmental Disabilities Services are permitted to charge for institutional services provided to members of the public on an actual cost basis rather than on a per capita or other basis.
Amended by Act 2023, No. 182,§ 15, eff. 8/1/2023.
Amended by Act 2017, No. 913,§ 122, eff. 8/1/2017.
Acts 1975, No. 340, §§ 1, 2; A.S.A. 1947, §§ 5-912.2, 5-912.2n.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-113 - Disposition of direct services funds

(a)
It is the intent and purpose of this act that no appropriation of funds provided by the General Assembly to the Department of Human Services for direct-care assistance to individuals or for the purchase of direct services for individuals shall be used in defraying state administrative or state case management costs of the department.
(b)
It is the specific intent of this act to prevent the diversion of community grant-in-aid line funds for any purpose that would not provide direct services to clients with intellectual or other developmental disabilities in community programs.
Amended by Act 2019, No. 1035,§ 54, eff. 7/24/2019.
Acts 1985, No. 348, § 13; A.S.A. 1947, § 5-912j.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-114 - Developmental disabilities - Special authorization - Cash funds

(a)
All funds received by the Division of Developmental Disabilities Services of the Department of Human Services shall be placed in the State Treasury and expended via appropriation.
(b)
Those funds held in trust by the agency for the residents of the human development centers, including gifts and bequests, shall be considered agency funds to be expended from bank accounts without legislative appropriation.
(c)
The Chief Fiscal Officer of the State shall have the final authority to determine those funds which may be exempted from being placed in the State Treasury unless otherwise provided by law. However, no agency funds deposited in bank accounts shall be expended for purposes other than those allowed for the expenditures of State Treasury funds under the provisions of the General Accounting and Budgetary Procedures Law, §
19-4-101
et seq.
Acts 1977, No. 787, § 10; 1995, No. 1198, § 70.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-115 - County offices of human services

(a)
The Secretary of the Department of Human Services shall establish a county office of human services in each county of this state. The county offices shall provide the citizens of each county access to the various services and programs provided by the department as well as follow-up contact and services.
(b)
In establishing a county office of human services, it is necessary that each county office be staffed to provide complete access to services and programs of the department.
Amended by Act 2019, No. 910,§ 5249, eff. 7/1/2019.
Acts 1985, No. 348, § 13; A.S.A. 1947, § 5-912j.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-116 - Advisory committees generally

(a)
From time to time, the Secretary of the Department of Human Services or the Governor may establish various advisory committees to assist the secretary and the various divisions, offices, sections, or units within Department of Human Services in reviewing and offering advice on any of the programs, services, and duties of the department that the secretary or the Governor may deem appropriate for the proper and efficient operation of the department and its respective programs, services, and duties.
(b)
The advisory committees shall exist for the duration determined by the secretary or the Governor.
(c)
The members of the advisory committees shall be reimbursed for actual and necessary meals, lodging, and mileage for travel in accordance with the procedures and standards provided by law or rule for official travel by state employees in the performance of their duties. Payment shall be made from funds appropriated to the department.
Amended by Act 2019, No. 315,§ 2916, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 5250, eff. 7/1/2019.
Acts 1985, No. 348, § 1; A.S.A. 1947, § 5-912b.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-117 - [Repealed]

Repealed by Act 2017, No. 764,§ 1, eff. 8/1/2017.
Acts 1981, No. 764, § 5; A.S.A. 1947, § 5-904.2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-118 - Child support enforcement program - Reports

The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall file a semiannual report with the Legislative Council concerning performance and progress made in administering the Child Support Enforcement Program approved under Title IV-D of the Social Security Act,
42 U.S.C. § 651
et seq.
Acts 1989 (1st Ex. Sess.), No. 44, § 12; 1995, No. 1184, § 35.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-119 - Certification of vouchers

(a)
The designated disbursing officers for the Department of Human Services are hereby authorized to complete and sign one (1) certification for each state voucher or other designated document that authorizes the Auditor of State or other official to draw a state warrant or check on a bond administered by the department.
(b)
The voucher or other authorizing document can consist of one (1) or more pages, and in the event that more than one (1) page is used, then the designated disbursing officer is to manually sign the last page only, and any certification is to be so worded that it will apply to all pages of the document.
Acts 1989 (1st Ex. Sess.), No. 68, § 19.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-120 - Research and Training Institute

(a)
The Research and Training Institute is authorized to seek, accept, and administer public or private funds, consisting of donations, federal and state grants, aids, contracts, reimbursements, cash donations, or state general revenue to accomplish its purposes. The institute is intended to:
(1)
Promote recruitment and retention of highly qualified professionals at programs operated or certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, community mental health center programs, and other public sector mental health programs in Arkansas;
(2)
Improve clinical care by exploring new, innovative, and scientifically based treatment models for adults with serious mental illness and children and adolescents with serious emotional disturbance;
(3)
Provide expanded clinical research and clinical-based research training opportunities for existing staff in institutional and community-based programs operated, certified, or supported by the division; and
(4)
Promote the understanding of the various interdisciplinary treatments and the challenges facing institutional and community-based mental health professionals in Arkansas.
(b)
To accomplish these purposes, the institute may enter into joint operating agreements with state universities or other institutions of higher education to:
(1)
Accomplish the placement and training of students and faculty in psychiatry, psychology, social work, occupational therapy, nursing, and other relevant professions;
(2)
Design, support, and implement clinical research projects to improve the quality and effectiveness of mental health services and operations;
(3)
Enter into agreements with community mental health centers and other public mental health providers to accomplish the exchange of professional staff between state-operated programs and community mental health centers; and
(4)
Establish a student loan program in accordance with procedures established by the Chief Fiscal Officer of the State, when the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services has determined a shortage of such professionals exists.
(c)
Notwithstanding any other provisions of law to the contrary, the institute may enter into agreements with the division which may involve changes in staffing necessary to implement improved patient care programs contemplated by this section, and may enter into agreements with the Department of Psychiatry of the University of Arkansas for Medical Sciences to jointly operate or to support specific undertakings that are congruent with the institute's stated purposes.
Amended by Act 2017, No. 913,§ 124, eff. 8/1/2017.
Amended by Act 2017, No. 913,§ 123, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 20, eff. 8/16/2013.
Amended by Act 2013, No. 980,§ 19, eff. 8/16/2013.
Acts 1991, No. 1082, § 21.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-121 - Proceeds from the sale of land - Deposit in special trust fund

(a)
Pursuant to the process delineated in §
22-6-601
, in lieu of depositing the proceeds of the sale of lands in the fund from which the division or state agency is operated, a board of a state agency or a division within the Department of Human Services holding lands in its name may request, as a condition for sale of the lands, that the proceeds be deposited in a special trust fund to be created in the name of the board, state agency, or division on the books of the Treasurer of State, Auditor of State, and Chief Fiscal Officer of the State.
(b)
Proceeds placed in the special trust fund shall be used solely for the maintenance and operation of the programs of the division, state agency, or board under whose name the lands were held.
(c)
If the division, state agency, or board requests the proceeds to be deposited in a special trust fund, the creation of the trust fund and the transfer of the proceeds to the trust fund shall be subject to approval by the Governor as a condition for approval of the sale.
Acts 1991, No. 1085, § 24.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-122 - Office of Minority Mental Health - Creation

(a)
There is created an Office of Minority Mental Health within the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services.
(b)
The head of the Office of Minority Mental Health shall be employed by the Secretary of the Department of Human Services.
Amended by Act 2019, No. 910,§ 5251, eff. 7/1/2019.
Amended by Act 2017, No. 913,§ 125, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 21, eff. 8/16/2013.
Acts 1991, No. 1210, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-123 - Programs and policies - Development

The Office of Minority Mental Health shall develop programs and policies concerning the following:
(1)
Providing culturally relevant mental health services to minority individuals with mental illness;
(2)
Improving the availability and accessibility of mental health services to minority individuals with long-term mental illnesses;
(3)
Educating minority individuals with mental illness about their illness;
(4)
Providing minority families with education on mental illness; and
(5)
Providing accessible educational training within the mental health setting and the minority community.
Amended by Act 2017, No. 913,§ 126, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 22, eff. 8/16/2013.
Acts 1991, No. 1210, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-124 - Administration of state or federal funds

(a)
The Office of Minority Mental Health is the authorized state agency to accept, receive, retain, and administer any state or federal funds relating to minority mental health.
(b)
The office shall develop, comment on, and revise any designations of areas of minority mental health as underserved.
Amended by Act 2017, No. 913,§ 127, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 23, eff. 8/16/2013.
Acts 1991, No. 1210, § 3.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-126 - Grants-in-aid - Conditions for receiving funds

Any private nonprofit community-based agency that receives grants-in-aid through the Department of Human Services for the provision of services, as a condition of receiving such funds, shall:
(1)
Meet minimum standards of performance in the delivery of services as defined by the department's division or office from which the grant-in-aid is awarded;
(2)
Supply statistical data to the department; and
(3)
Establish and maintain a sound financial management system in accordance with guidelines as set forth by the department.
Acts 1993, No. 1239, § 71.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-127 - Advance disbursements

Advance disbursements of funds to providers made under payment methodologies are authorized when approved in advance by the Chief Fiscal Officer of the State.
Acts 1993, No. 1239, § 72.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-128 - [Repealed]

Repealed by Act 2017, No. 913,§ 6, eff. 8/1/2017.
Repealed by Act 2015, No. 111,§ 1, eff. 7/22/2015.
Acts 1993, No. 403, § 19; 1997, No. 1259, § 1; 2011, No. 42, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-129 - Department of Human Services authorized to issue rules to assure compliance with federal statutes, rules, and regulations

(a)
(1)
It is the intent of the General Assembly that the State of Arkansas utilize federal funding to the fullest extent possible to provide care to persons eligible for assistance or benefits under programs wholly or partially federally funded or fundable.
(2)
The General Assembly recognizes that the Department of Human Services is presently charged with, among other things, all welfare activity in the state, including:
(A)
Services to children and to the aged, blind, and individuals with disabilities;
(B)
Public assistance; and
(C)
Medical assistance.
(3)
The General Assembly further recognizes that federal laws and regulations affecting such programs are the supreme law of the land and change frequently, sometimes with little or no advance notice to the state, such that it is impractical to prescribe the operations of such programs by statute.
(4)
It is therefore the intent of the General Assembly to clarify and consolidate the authority of the department to assure conformity with all applicable federal dictates by empowering the department and its divisions to, by rule, adopt or implement all federal statutes, rules, and regulations as may be currently in force, or as may be adopted or amended in the future, when such rule is necessary to conform to federal statutes, rules, and regulations affecting programs administered or funded by or through the department.
(b)
The department and its various divisions are hereby authorized and directed to promulgate rules, as necessary to conform to federal statutes, rules, and regulations as may now or in the future affect programs administered or funded by or through the department or its various divisions, as necessary to receive any federal funds which may now or in the future be available to the department or its various divisions.
(c)
All rules promulgated pursuant to this section shall be promulgated in conformity with the Arkansas Administrative Procedure Act, §
25-15-201
et seq., and after legislative review and approval as required by §
10-3-309
.
Amended by Act 2015, No. 1258,§ 39, eff. 7/22/2015.
Acts 1995, No. 710, §§ 1-3.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-130 - Employee assistance programs - Prohibition of agreement for services

The Department of Human Services shall not enter into any contract, memorandum of understanding, or interagency agreement for an employee assistance program that provides health-related services such as, but not limited to, drug or alcohol treatment services for the employees of the department.
Acts 1995, No. 1198, § 59.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-131 - Match transfer

The Secretary of the Department of Human Services, with the approval of the Chief Fiscal Officer of the State, is authorized to effect interagency fund transfers for the purpose of providing the state's matching share for payments made to that division or office, or its service providers, for services eligible for federal reimbursement under programs administered by other divisions or offices of the Department of Human Services.
Amended by Act 2019, No. 910,§ 5252, eff. 7/1/2019.
Acts 1995, No. 1198, § 62.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-132 - Medical services and county operations - Use of local funds

To the extent allowed by federal requirements, including waiver, demonstration and pilot project options, the Division of Medical Services of the Department of Human Services and the Division of County Operations of the Department of Human Services shall use local and donated funds to obtain federal matching funds to enhance federal agency programs.
Acts 1995, No. 1198, § 79.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-133 - Mental health services - Transfer provision

(a)
(1)
Personnel positions and appropriations provided for all programs of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may be reallocated when such actions are determined necessary to assure continued delivery of satisfactory levels of services in any of the several programs administered by the division.
(2)
Such reallocations or transfers shall be requested by the Secretary of the Department of Human Services.
(b)
Any saving made in state or federal appropriations for regular salaries, extra help, Social Security and retirement matching, or maintenance and general operations, and grants for approved projects, upon prior review by the Legislative Council and approval of the Department of Finance and Administration, may be transferred to the purchase of services for persons with long-term mental illness and in the establishment, operation, and maintenance of facilities, centers, or programs for this population.
Amended by Act 2019, No. 910,§ 5253, eff. 7/1/2019.
Amended by Act 2017, No. 913,§ 128, eff. 8/1/2017.
Amended by Act 2013, No. 980,§ 24, eff. 8/16/2013.
Acts 1995, No. 1198, § 86.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-135 - Youth services

(a)
The Department of Human Services shall not contract or pay for community-based residential programs within any municipality to house unrelated persons who have been adjudicated delinquent of an act that would constitute a Class A felony or higher or of a sexual offense or convicted of a Class A felony or higher or sexual offense until the following conditions have been met:
(1)
Residents within one thousand feet (1,000') of the proposed location of the facility shall be notified by mail;
(2)
(A)
A public hearing shall be conducted in the community of the proposed location of the facility by the contract provider at least ten (10) days in advance of the contract's effective date.
(B)
Notice of the hearing shall be made by mail to each of the residents within one thousand feet (1,000') of the proposed location of the facility; and
(3)
The notification requirement shall not apply to already-existing facilities at already-existing locations.
(b)
(1)
Provided further, upon establishment of the facilities within a particular municipality, the contract provider and the department shall establish and implement a system to receive and respond to complaints and questions from residents of the municipality.
(2)
In the event the department and the provider fail to provide satisfactory communication to the residents as provided in this section, the facility may be declared a public nuisance by the municipality.
Acts 1997, No. 1360, § 99.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-136 - Private service contract notice required

(a)
The Department of Human Services shall notify the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs prior to privatizing any functions or responsibilities of the Division of Youth Services.
(b)
The report shall be in writing and shall be submitted to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs at least sixty (60) days prior to entering into a contract with a private business entity.
(c)
In the event the General Assembly is in session, the Secretary of the Department of Human Services shall provide the report to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Chair of the Senate Interim Committee on Children and Youth.
Amended by Act 2019, No. 910,§ 5254, eff. 7/1/2019.
Acts 1999, No. 525, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-137 - Private service contract performance evaluation requirement

(a)
All new contracts which privatize services and functions which had been performed by employees of the Division of Youth Services of the Department of Human Services shall include a performance evaluation provision that outlines a method for evaluating the service provided under the contract. The provision shall identify the goals and performance indicators of the contract and how the state agency intends to evaluate the service provided.
(b)
The department shall report to the Senate Interim Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs or appropriate subcommittees thereof at least annually regarding the performance evaluation of each contract.
Acts 1999, No. 525, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-138 - Education requirements for certain Division of Youth Services employees

(a)
With the assistance of the Office of Personnel Management, the Division of Youth Services shall promulgate rules to increase the education requirements for youth service workers and security officers employed by the division. If the services are under contract with the division, the employees of the contractor shall meet the education requirements promulgated by the division.
(b)
No rule pertaining to education requirements for youth service workers or security officers promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth or appropriate subcommittees thereof of the General Assembly.
Amended by Act 2019, No. 315,§ 2918, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 6303, eff. 7/1/2019.
Acts 1999, No. 469, § 1.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-139 - Training requirements for certain Division of Youth Services employees

(a)
(1)
The Division of Youth Services shall promulgate rules to increase the hours of training provided to youth service workers and security officers employed by the division. If the services are under contract with the division, the employees of the contractor shall meet the training requirements promulgated by the division.
(2)
The training requirements shall include, but not be limited to, training on the use of proper restraints and security crisis intervention as recommended by the Manual of Standards for Juvenile Training Schools and Services published by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections.
(3)
The training hours shall be satisfied by the employee on a yearly basis.
(b)
No rule pertaining to the training required of youth service workers and security officers promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth or appropriate subcommittees thereof of the General Assembly.
Amended by Act 2019, No. 315,§ 2920, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2919, eff. 7/24/2019.
Acts 1999, No. 469, § 2.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-141 - Subpoenas in administrative adjudications

(a)
(1)
(A)
In every case of adjudication before the Department of Human Services, an administrative law judge shall have the power to issue subpoenas for the attendance of witnesses, the production of documents, or both, upon request of any party to the adjudication.
(B)
Requests for a subpoena shall be granted by the administrative law judge if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.
(2)
Each subpoena shall:
(A)
State that the subpoena is issued in a proceeding pending before the department;
(B)
Contain the title of the administrative adjudication; and
(C)
Command each person to whom it is directed to appear and give testimony at the time and place therein specified.
(3)
Subpoenas may require the production of documents including:
(A)
Writings;
(B)
Drawings;
(C)
Graphs;
(D)
Charts;
(E)
Photographs;
(F)
Recordings; and
(G)
Other data compilations from which information can be obtained.
(4)
The party who requested a subpoena shall be responsible for serving the subpoena in the manner provided by law.
(5)
Return of service shall be recorded, and the record shall be retained in the adjudication case file.
(6)
(A)
The Pulaski County Circuit Court or the circuit court of the county of residence of any person duly served with a subpoena issued under this section may enforce the subpoena.
(B)
Enforcement shall be in the manner provided by law for the enforcement of subpoenas issued by a circuit court.
(b)
Upon motion and a showing of good cause, the presiding official may issue orders quashing or limiting subpoenas based on a determination that:
(1)
The person subpoenaed does not have relevant, admissible evidence;
(2)
The information or records sought are irrelevant to the adjudication;
(3)
The information or records sought are confidential and not subject to disclosure or to production under federal laws or regulations or state law;
(4)
Compliance with the subpoena would result in undue burden or expense; or
(5)
The evidence possessed by the person subpoenaed or the information or record sought is unduly repetitious of other available evidence.
(c)
If any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect or family-in-need-of-services case, the child's attorney ad litem shall be provided a copy of the subpoena.
Acts 2011, No. 1139, § 5.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-142 - [Repealed]

Repealed by Act 2017, No. 896,§ 4, eff. 8/1/2017.
Amended by Act 2017, No. 897,§ 20, eff. 7/1/2017.
Added by Act 2013, No. 528,§ 4, eff. 3/28/2013.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-145 - Surveys conducted by Department of Human Services - Definition

(a)
As used in this section, "survey" means any process by which compliance with federal and state law and rules applicable to a facility or program provider is determined.
(b)
The Department of Human Services, through the Division of Provider Services and Quality Assurance, is responsible for:
(1)
Certifying, licensing, and surveying long-term care providers, Medicaid providers, substance abuse providers, and other programs or providers licensed by the department;
(2)
Conducting quality assurance activities to review outcomes, monitor compliance, and promote workforce development; and
(3)
Referring issues found by the department to divisions within the department or state agencies as necessary to comply with federal or state laws or rules, including without limitation to address compliance issues found by the department.
(c)
The scope of a survey or audit conducted by the department under §
20-46-701
et seq. shall be limited to determining whether a facility or program provider is in compliance with the applicable federal and state laws and rules.
(d)
The department shall promulgate rules necessary for facility or program provider surveys conducted by the department, which shall include without limitation provisions concerning:
(1)
Conducting entrance and exit conferences;
(2)
Access to records of a facility or program provider;
(3)
Corrective action plans; and
(4)
Timelines for completion of a survey.
Added by Act 2021, No. 1017,§ 24, eff. 7/28/2021.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-146 - Certification and licensure by the Division of Provider Services and Quality Assurance

(a)
The Division of Provider Services and Quality Assurance may use funds appropriated for the certification or licensure of an entity on behalf of any division of the Department of Human Services.
(b)
An entity whose certification or licensure is funded through an appropriation for the Division of Provider Services and Quality Assurance shall hold its certification or license under the authority of the relevant division of the Department of Human Services.
(c)
All laws that apply to a certified or licensed entity by a relevant division of the Department of Human Services shall apply to an entity whose certification or licensure is funded through an appropriation for the Division of Provider Services and Quality Assurance on behalf of a relevant division of the Department of Human Services.
Added by Act 2023, No. 493,§ 5, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-147 - Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Timber and hay sales

(a)
The Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services may use the administrative operating account for:
(1)
Capital improvements to the physical plant;
(2)
The purchase of capital equipment; and
(3)
The operations of the Arkansas Health Center.
(b)
(1)
The harvesting of timber and hay is authorized to provide funds to finance the items listed in subsection (a) of this section.
(2)
The division shall hold funds from timber and hay sales separately from other division funds.
(3)
All funds deposited from timber and hay sales and all expenses paid through timber and hay sales shall be tracked separately from other division deposits and payments.
(c)
All expenditures of funds derived from the sale of timber and hay shall be expended in accordance with relevant state purchasing laws.
(d)
(1)
The division shall report all income derived from the sale of timber and hay to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
(2)
A contract initiated for the harvesting of timber and hay shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review.
Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-148 - Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - Extra help positions - Limitations

Employees in extra help positions in the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall not, in a fiscal year:
(1)
Receive an amount exceeding eighty-five percent (85%) of the maximum annual salary for a comparable position as authorized under the Uniform Classification and Compensation Act, §
21-5-201
et seq.; or
(2)
Be employed for a period of time exceeding one thousand eight hundred (1,800) hours.
Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 1 - GENERAL PROVISIONS (§§ 25-10-101 — 25-10-149) › Section 25-10-149 - Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services - State and federal funds

(a)
The Secretary of the Department of Human Services may use state funds to match federal funds available under Title III and Title V of the Older Americans Act,
42 U.S.C. § 3001
et seq., as they existed on January 1, 2023, the Social Services Block Grant, or other federal funds that become available.
(b)
All appropriations for state and federal funding for the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services that are distributed under grant or contract methodologies may be disbursed by the Department of Human Services in the same manner as authorized under federal regulations for the disbursement of funds under Title III of the Older Americans Act,
42 U.S.C. § 3001
et seq., as they existed on January 1, 2023.
(c)
If federal funding is available for the division during a fiscal year, the federal funding shall be used to conserve or reduce the expenditure of general revenue except when prohibited by law.
Added by Act 2023, No. 866,§ 16, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 2 - DIVISION OF STATE SERVICES FOR THE BLIND (§§ 25-10-201 — 25-10-210) › Section 25-10-201 - Public policy

(a)
It is the public policy of the State of Arkansas to furnish individuals who are blind or have visual impairments those services which are reasonably necessary to allow them the opportunity to lead full, useful, and productive lives and to expend funds available for that purpose in the most efficient and effective manner possible.
(b)
The General Assembly finds that this purpose may be best accomplished by the establishment of a Division of State Services for the Blind within the Department of Commerce with the necessary authority to administer the services and programs for individuals who are blind or have visual impairments.
Amended by Act 2023, No. 503,§ 9, eff. 8/1/2023.
Amended by Act 2020F, No. 168,§ 7, eff. 7/1/2020.
Acts 1983, No. 481, § 1; A.S.A. 1947, § 5-939.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 2 - DIVISION OF STATE SERVICES FOR THE BLIND (§§ 25-10-201 — 25-10-210) › Section 25-10-202 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Blind", for the purposes of qualification for appointment as a member of the Board of the Division of State Services for the Blind within the Department of Commerce, means a person having not more than twenty/two hundred (20/200) visual acuity in the better eye with corrective lenses, or visual acuity greater than twenty/two hundred (20/200), but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle of no greater than twenty degrees (20°); and
(2)
"Visual impairments", as a term, shall be defined by rules of the board, and the board shall have sole and exclusive authority to define and determine whether any individual is "blind" or an individual with "visual impairments" for purposes of determining eligibility to participate in government programs under this subchapter.
Amended by Act 2023, No. 503,§ 10, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 2921, eff. 7/24/2019.
Acts 1983, No. 481, § 4; A.S.A. 1947, § 5-942.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 2 - DIVISION OF STATE SERVICES FOR THE BLIND (§§ 25-10-201 — 25-10-210) › Section 25-10-203 - Exemption

No provision of this subchapter shall apply to any program or service currently operated or administered by the Arkansas School for the Blind or the State Library Board, and this subchapter shall not amend or repeal any statutory provision governing the operation of the School for the Blind or the Arkansas State Library.
Acts 1983, No. 481, § 7; A.S.A. 1947, § 5-945.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 2 - DIVISION OF STATE SERVICES FOR THE BLIND (§§ 25-10-201 — 25-10-210) › Section 25-10-206 - Legal counsel

The Division of State Services for the Blind within the Department of Commerce or any employees or committees thereof shall be entitled to the services of the Attorney General in connection with the operation of the affairs of the division.
Amended by Act 2019, No. 910,§ 614, eff. 7/1/2019.
Acts 1983, No. 481, § 9; A.S.A. 1947, § 5-947.
Arkansas Code of 1987 (2023) › Title 25 - STATE GOVERNMENT (§§ 25-1-101 — 25-43-1605) › Chapter 10 - DEPARTMENT OF HUMAN SERVICES (§§ 25-10-101 — 25-10-503) › Subchapter 2 - DIVISION OF STATE SERVICES FOR THE BLIND (§§ 25-10-201 — 25-10-210) › Section 25-10-207 - State Services for the Blind Fund Account

Any sums provided by the General Assembly for the purposes of this subchapter shall be kept by the Treasurer of State in a fund to be designated as the "State Services for the Blind Fund Account" and shall be used to carry out the particular purposes assigned to it in this subchapter.
Amended by Act 2019, No. 910,§ 615, eff. 7/1/2019.
Acts 1983, No. 481, § 8; A.S.A. 1947, § 5-946; Acts 1993, No. 403, § 20.