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§ 20-47-101. Officers' duty to arrest insane and drunken persons.
It shall be the duty of all peace
officers to arrest any insane or drunken persons whom they may find at large
and not in the care of some discreet person. The officer shall take him or her before
some magistrate of the county, city, or town in which the arrest is made.
Whenever any sheriff, coroner, or
constable shall discover any person to be of unsound mind who resides in the
county, it shall be his or her duty to make application to the circuit court
for the exercise of its jurisdiction, and thereupon the like proceedings shall
be had as directed in § 20-47-103.
If any person shall give information
in writing to the probate court that any person in his or her county has a
mental illness, as defined by the laws of this state, the probate court, if
satisfied that there is good cause for the exercise of its jurisdiction, shall
follow the procedure for involuntary admission and treatment of the person with
the mental illness, as set out in the laws of this state.
§ 20-47-104. Detention prior to commitment to hospital.
The probate court with venue and
jurisdiction of a person whose involuntary admission is sought shall make such
orders as may be necessary to keep that person in restraint until the person
can be sent by due process of law to the
(a) When any person shall be
found to be in need of involuntary admission to the state's mental health
system, the costs of proceedings shall be paid out of his or her estate or, if
that is insufficient, by the county.
(b) If the person alleged to be in need of involuntary
admission to the state's mental health system is discharged without admission,
the costs shall be paid by the person at whose instance the proceeding was had
unless the person is an officer acting officially under the provisions of this
section, in which case the costs shall be paid by the county.
Persons legally liable for the
support, care, or maintenance of a person in need of state mental health
services shall be liable for the costs of such mental health services to the
extent that:
(1) The person in need of services lacks the ability
to pay; and
(2) The legally liable person is able to pay.
In all cases of appropriations out
of the county treasury for the support and maintenance or confinement of any
person who is in need of mental health services, the amount thereof may be
recovered by the county from any parent, guardian, or custodian who by law is
bound to provide for the support and maintenance of the person who is in need
of mental health services if there is any parent, guardian, or custodian able
to pay the amount.
In each county in this state where
there is a poorhouse erected, all insane paupers shall be taken care of in like
manner as other paupers, all laws and parts of laws to the contrary
notwithstanding. County courts may make such additional compensation for taking
care of insane paupers as may be deemed just.
(a) Employees, agents,
servants, or officers of the
(b)(1) It shall be the duty of all employees, agents,
servants, or officers of the
(2) Upon receiving a written
report of a violation of this section, the director shall immediately
investigate the incident and submit a report of the result of his or her
findings to the Department of Human Services State Institutional System Board
at the next regular meeting thereof.
(3) If the board finds the
report to be true and finds that a violation of this section has occurred, the
person so violating this section shall be forthwith dismissed from employment
at the
(4) If the board should
determine after reading the report that a violation of the state's criminal
laws has occurred, it shall immediately submit the report to the prosecuting
attorney.
Subchapter 2 –
Commitment & Treatment
(a) The purpose of this
subchapter is to enable the Division of Mental Health Services to assist
in:
(1) Establishing, maintaining,
and coordinating a comprehensive and effective system of services for persons
with mental illness, disease, or disorder who may be voluntarily or
involuntarily admitted to mental health facilities and programs within the
state;
(2) Reducing the occurrence, severity, and duration of
mental disabilities; and
(3) Preventing persons with mental illness from
harming themselves or others.
(b) It is the policy of this state to provide access
for persons with severe mental illness appropriate adequate and humane care
which, to the extent possible while meeting the purposes of rehabilitation and
treatment, is:
(1) Within each person's own geographic area of
residence;
(2) Least restrictive of the
person's freedom of movement and ability to function normally in society, while
being appropriate to the individual's capacity and promoting the person's
independence; and
(3) Directed toward assuring
movement through all treatment components to assure continuity of care.
(c) It is the policy of this state to maintain
involuntary admission laws to ensure that mental illness, disease, or disorder
in and of itself is insufficient to involuntarily admit any person into the
mental health services system.
As used in this subchapter:
(1) "Administrator" means the chief
administrative officer or executive director of any private or public facility
or of any community mental health center certified by the Division of Mental
Health Services of the Department of Human Services;
(2) "Community mental health center" means a
program and its affiliates established and administered by the state, or a
private, nonprofit corporation certified by the division for the purpose of
providing mental health services to the residents of a defined geographic area
and which minimally provides twenty-four-hour emergency, inpatient, outpatient,
consultation, education, prevention, partial care, follow-up and aftercare, and
initial screening and precare services. The division
may contract with a community mental health center for the operation and
administration of any services which are part of the state mental health
system;
(3) "Crisis response services" means
immediate or emergency treatment. Because mental illnesses are often of an
episodic nature, there will be instances that require acute and quick crisis response
services;
(4) "Deputy director"
means the chief executive officer for the Division of Mental Health Services of
the Department of Human Services;
(5) "Detention" means any confinement of a
person against his or her wishes and begins either:
(A) When a person is
involuntarily brought to a receiving facility or program or to a
hospital;
(B) When, pursuant to § 20-47-209(a),
the person appears for the initial hearing; or
(C) When a person on a
voluntary status in a receiving facility or program or a hospital requests to
leave pursuant to § 20-47-204(3);
(6) "Division" means the Division of Mental
Health Services of the Department of Human Services;
(7) "Hospital" means the
(8) "Initial screening" means initial
screening services conducted by a mental health professional provided by a
receiving facility or program for individuals residing in the area served by
the receiving facility or program who are being considered for referral to
inpatient programs of the state mental health system to determine whether or
not the individual meets the criteria for voluntary or involuntary admission
and to determine whether or not appropriate alternatives to
institutionalization are available. These screening services shall be available
to community organizations, agencies, or private practitioners who are involved
in making referrals to the state mental health system;
(9) "Least restrictive appropriate setting"
for treatment means the available treatment setting which provides the person
with the highest likelihood of improvement or cure and which is not more
restrictive of the person's physical or social liberties than is necessary for
the most effective treatment of the person and for adequate protection against
any dangers which the person poses to himself or herself or others;
(10)(A) "Mental illness" means a substantial
impairment of emotional processes, or of the ability to exercise conscious
control of one's actions, or the ability to perceive reality or to reason, when
the impairment is manifested by instances of extremely abnormal behavior or
extremely faulty perceptions.
(B) It does not include impairment solely caused
by:
(i)
Epilepsy;
(ii) Mental retardation;
(iii) Continuous or noncontinuous periods of intoxication caused by substances
such as alcohol or drugs; or
(iv) Dependence upon or addiction to any substance
such as alcohol or drugs;
(11) "Physician" means a medical doctor
licensed to practice in
(12) "Psychosurgery" means those operations
currently referred to as lobotomy, psychiatric surgery, and behavioral surgery
and all other forms of brain surgery if the surgery is performed for the
purpose of the following:
(A) Modification or control of
thoughts, feelings, actions, or behavior rather than the treatment of a known
and diagnosed physical disease of the brain;
(B) Modification of normal
brain function or normal brain tissue in order to control thoughts, feelings,
actions, or behavior; or
(C) Treatment of abnormal
brain function or abnormal brain tissue in order to modify thoughts, feelings,
actions, or behavior when the abnormality is not an established cause of those
thoughts, feelings, actions, or behavior;
(13) "Receiving facility or program" means
an inpatient or outpatient treatment facility or program which is designated
within each geographic area of the state by the Deputy Director for the
Division of Mental Health Services of the Department of Human Services to
accept the responsibility for care, custody, and treatment of persons
involuntarily admitted to the state mental health system.
(14) "State mental health system" means the
(15) "Treatment" means those psychological,
educational, social, chemical, medical, somatic, or other techniques designed
to bring about rehabilitation of persons with mental illness. Treatment may be
provided in inpatient and outpatient settings; and
(16) "Treatment plan" means an
individualized written document developed by the treatment staff of the
hospital or receiving facility or program which includes the following:
(A) A substantiated diagnosis
in the terminology of the American Psychiatric Association's Diagnostic and
Statistical Manual;
(B) Short-term and long-term treatment goals;
(C) Treatment programs,
facilities, and activities to be utilized to achieve the treatment goals;
(D) Methods for periodic review and revision of the
treatment plan; and
(17) "Behavior history" means a person's
statements or actions on specific occasions as established by the person's
declarations, observations of others, or records.
Nothing in this subchapter shall in
any way restrict the right of any person to attempt to secure his or her
freedom by a habeas corpus proceeding as provided by current
The following shall apply to
voluntary admissions of persons with a mental illness, disease, or
disorder:
(1)(A) Any person who believes himself or herself to
have a mental illness, disease, or disorder may apply to the administrator or
his or her designee of a hospital or to the administrator or his or her
designee of a receiving facility or program to which admission is
requested.
(B) If the administrator or
his or her designee of the hospital or the administrator or his or her designee
of a receiving facility or program shall be satisfied after examination of the
applicant that he or she is in need of mental health treatment and will be benefitted thereby, he or she may receive and care for the
applicant in the hospital or receiving facility or program for such a period of
time as he or she shall deem necessary for the recovery and improvement of the
person, provided that the person agrees at all times to remain in the hospital
or receiving facility or program;
(2) If at any time the person who has voluntarily
admitted himself or herself to the hospital or receiving facility or program
makes a request to leave, and the administrator or his or her designee
determines that the person meets the criteria for involuntary admission as
defined in § 20-47-207, then the person shall be considered to be held by
detention and the involuntary admission procedures set forth herein shall
apply;
(3)(A) Any person requesting to leave under
subdivision (2) of this section shall, within one (1) hour of his or her
request to any hospital or receiving facility or program employee, in an
administrative or treatment capacity, be provided with a written statement
advising him or her of all rights delineated in §§ 20-47-211 and 20-47-212. The
person shall further be provided with an acknowledgment confirming that he or
she has been advised of the aforesaid rights.
(B)(i)
If the person refused to sign the acknowledgment, this refusal shall be noted
in the person's chart and shall be attested to by two (2) eyewitnesses on a
separate document.
(ii) An original of said
attestation shall be furnished to the court.
(C) For the purposes of
computing the initial period of evaluation and treatment referred to in § 20-47-213,
detention begins upon the signing of the acknowledgment by the person or, in
the event that the person refuses to sign the acknowledgment, upon the
attestation of said refusal by two (2) eyewitnesses; and
(4)(A) A person voluntarily admitted who absents
himself or herself from a hospital or receiving facility or program, as defined
in this subchapter, may be placed on elopement status and a pick-up order
issued if, in the opinion of the treatment staff, the person meets the criteria
for involuntary admission as defined in § 20-47-207.
(B) It shall be the
responsibility of the sheriff of the county or a law enforcement officer of the
city of the first class in which the individual is physically present to
transport the individual.
(C) Upon return to the
hospital or receiving facility or program, this individual shall be held under
detention as defined in § 20-47-202(5).
§ 20-47-205. Jurisdiction of circuit court.
(a) The circuit courts of this
state shall have exclusive jurisdiction of the involuntary admission procedures
initiated pursuant to this subchapter.
(b)(1) Within seven (7) days of the person's
detention, excluding weekends and holidays, the court shall conduct the hearing
as defined in § 20-47-214.
(2) Except as otherwise
provided in subsection (d) of this section, the hearing, as defined by §§ 20-47-214
and 20-47-215, shall be conducted by the same court, or by a judge designated
on exchange, who heard the original petition and issued the appropriate
order.
(3) The court shall ensure
that the person sought to be involuntarily admitted is afforded all his or her
rights as prescribed by this subchapter.
(4) The circuit judge, when
conducting any hearing set out in this subchapter, may conduct the hearing
within any county of the judge's judicial district.
(c) The hearings conducted pursuant to §§ 20-47-209, 20-47-214,
and 20-47-215 may be held at inpatient programs of the state mental health
system or a receiving facility or program where the person is detained.
(d) A circuit judge of the Sixth Judicial District
sitting within the Sixth Judicial District may conduct involuntary commitment
hearings prescribed by §§ 20-47-214 and 20-47-215 and initiated in other
judicial districts of this state pursuant to §§ 20-47-207 and 20-47-209
provided that the person sought to be committed is detained within the
boundaries of the Sixth Judicial District at the time of the hearing held
pursuant to §§ 20-47-214 or 20-47-215. The Sixth Judicial District shall thus
assume the mantle of other judicial districts and shall have the authority to
enter treatment orders for other judicial districts in the hearings prescribed
by §§ 20-47-214 and 20-47-215. In those cases, no initial petition pursuant to
§ 20-47-207 shall be filed in the Sixth Judicial District but only in the court
of original jurisdiction. Provided, however, if the person was transported to a
location within the Sixth Judicial District by order of a court outside the
Sixth Judicial District, the court of original jurisdiction may conduct the
hearings prescribed by §§ 20-47-214 and 20-47-215.
§ 20-47-206. [Repealed.]
(a) Written Petition - Venue. Any person having reason to believe that
a person meets the criteria for involuntary admission as defined in subsection
(c) of this section may file a verified petition with the clerk of the probate
court of the county in which the person alleged to have mental illness resides
or is initially detained.
(b) Contents
of Petition. The petition for involuntary admission shall:
(1) State whether the person
is believed to be of danger to himself or herself or others as defined in subsection (c) of this section;
(2) Describe
the conduct, clinical signs, and symptoms upon which the petition is based. The
description shall be limited to facts within the petitioner's personal knowledge;
(3) Contain the names and
addresses of any witnesses having knowledge relevant to the allegations
contained in the petition; and
(4) Contain a specific prayer
for involuntary admission of the person to a hospital or to a receiving
facility or program for treatment pursuant to § 20-47-218(c).
(c) Involuntary
Admission Criteria. A person shall be eligible for involuntary admission
if he or she is in such a mental condition as a result of mental illness,
disease, or disorder that he or she poses a clear and present danger to himself
or herself or others:
(1) As used in this
subsection, "a clear and present danger to himself
or herself" is established by demonstrating that:
(A) The person has inflicted
serious bodily injury on himself or herself or has
attempted suicide or serious self-injury, and there is a reasonable probability
that the conduct will be repeated if admission is not ordered;
(B) The person has threatened
to inflict serious bodily injury on himself or herself, and there is a
reasonable probability that the conduct will occur if admission is not ordered;
or
(C) The person's recent
behavior or behavior history demonstrates that he or she so lacks the capacity
to care for his or her own welfare that there is a reasonable probability of
death, serious bodily injury, or serious physical or mental debilitation if
admission is not ordered; and
(2) As used in this
subsection, "a clear and present danger to others" is established by
demonstrating that the person has inflicted, attempted to inflict, or
threatened to inflict serious bodily harm on another, and there is a reasonable
probability that the conduct will occur if admission is not ordered.
(a)(1) It shall be the duty of
the prosecuting attorney's office in the county where the petition is filed to
represent the petitioner, regardless of the petitioner's financial status, at
all hearings held in the probate court pursuant to this subchapter except those
hearings held before the probate judge at the Arkansas State Hospital in
Pulaski County, Arkansas.
(2) The Office of the
Prosecutor Coordinator shall appear for and on behalf of the petitioner and the
State of
(b) Such representation shall be a part of the
official duties of the prosecuting attorney or of the Prosecutor Coordinator,
and the prosecuting attorney and the Prosecutor Coordinator shall be immune
from civil liability in the performance of this official duty.
(c) Nothing in this section shall prevent the
petitioner from retaining his or her own counsel in these proceedings, in which
case the prosecuting attorney or the Prosecutor Coordinator shall be relieved
of the duty to represent the petitioner.
(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 probate
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.
(a) Whenever it appears that a
person is of danger to himself or herself or others, as defined in § 20-47-207, and immediate confinement appears necessary to
avoid harm to the person or others:
(1) An interested citizen may
take the person to a hospital or to a receiving facility or program. If
no other safe means of transporting the individual is available, it shall be
the responsibility of the law enforcement agency that exercises jurisdiction at
the site where the individual is physically located and requiring
transportation, or unless otherwise ordered by the judge. A petition, as
provided in § 20-47-207, shall be filed in the probate court of the county in
which the person resides or is detained within seventy-two (72) hours,
excluding weekends and holidays, and a hearing, as provided in § 20-47-209(a)(1)
shall be held; or
(2) Any person filing a
petition for involuntary admission may append to the petition a request for
immediate confinement which shall state with particularity facts personally
known to the affiant which establish reasonable cause
to believe that the person sought to be involuntarily admitted is in imminent
danger of death or serious bodily harm or that the lives of others are in
imminent danger of death or serious bodily harm due to the mental state of the
person sought to be involuntarily admitted.
(b)(1) When a petition for involuntary admission with
a request for immediate confinement appended thereto is filed, the petitioner
shall then appear before a probate judge of the county where the person sought
to be immediately confined resides or is found.
(2) The probate judge shall
then conduct an ex parte hearing for the purpose of determining whether there
is reasonable cause to believe that the person meets the criteria for
involuntary admission and, furthermore, that the person is in imminent danger
of death or serious bodily harm or that others are in danger of death or
serious bodily harm due to the mental condition of the person sought to be
involuntarily admitted.
(3) If the probate judge
determines that immediate confinement is necessary to prevent death or serious
bodily harm to either the person sought to be involuntarily admitted or to
others, the judge shall order the law enforcement agency that exercises
jurisdiction at the site where the individual is physically present to
transport the individual to an appropriate receiving facility. A hearing,
as provided for in § 20-47-209(a)(1), shall be held
within seventy-two (72) hours of the person's detention and confinement.
(c) If the person is transported to a hospital or to a
receiving facility or program or to the office of a licensed physician of the
State of Arkansas or of the federal 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; and
(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.
(d) Nothing herein 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 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.
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.
(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
probate 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.
(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 federal 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) of this subchapter 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
(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.
(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 prior to
testifying.
(b)(1) Should any person be found guilty of giving
false testimony that results in a person's wrongful involuntary admission, he
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 the least
restrictive alternative 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.
(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 of the hospital or receiving facility or program when it is its opinion
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 of the
hospital or of the receiving facility or program may request additional
involuntary admission orders as they are deemed necessary.
(b) Procedure.
(1) Any request for periods of
additional involuntary admission pursuant to this section shall be made by a
petition verified by the psychiatrist of the hospital or receiving facility or
program treatment staff. 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 hearing on the petition
seeking additional involuntary admission pursuant to this section must be held
before the expiration of the period of involuntary admission.
(A) 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.
(B) 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 proven 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.
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.
All involuntary admission orders
authorized in this subchapter shall be considered final and appealable
under Rule 2 of the Arkansas Rules of Appellate Procedure.
(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 probate 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 being treated in a more restrictive setting or
manner.
(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.
(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.
(a) The deputy director shall
designate a patient or client advocate for the three state mental health
facilities located in
(b) The administrator of each receiving facility or
program shall designate a patient or client advocate for that 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.
The deputy director or 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, pursuant to the
Interstate Compact on Mental Health, § 20-50-101 et seq.
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.
(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.
Every person who is legally liable
for the support of a person admitted to a receiving facility or program or
hospital pursuant to this subchapter shall be liable jointly and severally with
the estate of the person for the charges made by the receiving facility or
program or hospital for the treatment of the patient regardless of whether the
person was a party to or consented to the admission of the person to a
receiving facility or program or hospital and regardless of the extent of the
estate of the person.
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 deputy director or designee may prescribe forms pertaining to preadmission
history to accompany the person when presented for admission, to be waived in
dire emergencies. The deputy director or designee shall assist the director in
prescribing forms for the required medical certificates. Substantial adherence
to the prescribed forms will suffice in any instance.
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.
(a) To assure compliance under
this subchapter, the Division of Mental Health 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.
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. The purpose of this subchapter is to provide short-term
solutions and long-term solutions to the problem of caring for mentally ill
persons, elderly persons, and other residents in residential care
facilities.
(a) Residential care
facilities and the State of
(b) The task force shall present a proposal at the
2001 legislative session for establishment and maintenance of a residential
program designed to address the unique needs of the mentally ill. The task
force's recommendations shall include adequate safeguards for residents,
reimbursement for residential care facilities, and financing opportunities that
will encourage and enable residential care facilities to build smaller, more
home-like settings for the care of the mentally ill.
(a) The Department of Human
Services shall reimburse residential care facilities on a per diem basis,
subject to approval by the Health Care Financing Administration, and shall
develop Medicaid provider regulations appropriate for a congregate setting and
per diem reimbursement. The department shall make the best efforts to obtain
approval from the administration.
(b) The department shall provide copies to the
Administrative Rules and Regulations Committee of the Legislative Council,
providers, and the public of all state plan amendments, documentation, and
correspondence submitted to or received from the administration in regard to
this section and shall work jointly with provider representatives in seeking
administration approval.
Subchapter 4 –
Cooperation Among Institutions
(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 federal Department of Veterans Affairs or
other agency of the United States Government, then the court, upon receipt of a
certificate from the federal 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 federal 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 federal Department of Veterans Affairs or
other agency.
(d) The chief officer of any facility of the federal
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.
(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 federal 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 federal 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.
(a) Upon receipt of a
certificate of the federal 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, then the director of the
institution where the person is committed may cause the transfer of the person
to the federal 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 federal
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
prior to 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 federal Department of Veterans Affairs
or other agency of the
(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, in the discretion of the Director of
the Arkansas State Hospital, be transferred to the custody of the
Superintendent of the Arkansas Tuberculosis Sanatorium or to a private hospital
for treatment of his or her tuberculosis.
(b) The person so transferred shall be returned to the
(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 the indigent mentally ill, mentally retarded, and tubercular 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
(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 and regulations 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.
Subchapter 5 – Child and Adolescent Service System Program
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.
As used in this subchapter, unless
the context otherwise requires:
(1) "Case management" means those efforts
that assure that necessary services for the child and family are obtained and
monitored. Such efforts shall include coordination across agencies for
evaluations, the provision of services based on assessments and evaluations
that result in the development of an interagency service plan, the review for
adequacy of services through client progress, and maintaining cooperation among
agencies;
(2) "Case review" means a multiagency effort to design and provide a service delivery
plan for difficult-to-serve children who may require unusual services or
service configurations. When utilizing a group process for reaching service
delivery decisions, the group shall be composed of those who carry sufficient
authority to assure timely provision of services;
(3) "CASSP" means the Child and Adolescent
Service System Program;
(4) "Child with emotional disturbance" means
an individual under the age of eighteen (18), or under the age of twenty-one
(21) if program services began prior to the age of eighteen (18), who is
exhibiting inappropriate emotional, interpersonal, or behavioral problems
within the home, preschool program, school, or community given his or her age,
intellectual level, and cultural background, whose degree of dysfunction is at
least disruptive and often disabling, whose problems persist after efforts to
deal with the problems have been made by significant others in the child's
social environment, and who meets specific criteria established by the Child
and Adolescent Service System Program Coordinating Council;
(5) "Collaborative evaluation" means an
intensive appraisal of a child that provides more of an in-depth analysis than
a screening and assessment. The evaluation shall be designed, obtained, and
utilized collaboratively by those agencies identifying a need for the
information;
(6) "Flexible funds" means a specific fiscal
allocation designated for atypical expenditures to meet extraordinary needs of
a child and family identified in the service plan. Decisions for expenditure of
flexible funds shall be made at the regional or local level and must be
approved by all involved service providers;
(7) "Interagency service plan" means the
integrated plan of care that is individualized for each child or adolescent
receiving program services and is developed through the collaboration of all
agencies providing services for that child;
(8) "Regional plan" means a written strategy
developed by regional program teams that specifies the kind, mix, and priority
of services to be provided in each community mental health center catchment area. The regional plan shall address all
components of the system of care, shall be based on the principles for the
system of care provided in this section and on the service needs of the
children with emotional disturbance in the region, shall include procedures for
evaluating services provided to children with emotional disturbance and their
families, and shall be reviewed annually by the council, and upon approval
shall be incorporated into the statewide plan;
(9) "Screening and assessment" means an
initial appraisal of a child identified or suspected of having emotional
disturbance that provides sufficient information to make decisions about
service needs;
(10) "Service array" means those services in
the system of care that address the varying areas of needs of children with
emotional disturbance and their families and shall include, but not be limited
to: mental health services, substance abuse services, social services,
education services, health services, vocational services, recreational
services, operational services, case management, advocacy, and other necessary
services;
(11) "Single point of entry" means a unit,
agency, or group designated as the gatekeeper for the service system for
children with emotional disturbance and their families;
(12) "Statewide plan" means a comprehensive
strategy that identifies the procedures for developing and implementing the
system of care that is prepared by the council incorporating all regional
plans; and
(13) "System of care" means a comprehensive
spectrum of mental health and other necessary services organized into a
coordinated network to meet the multiple and changing needs of children with
emotional disturbance, based on principles set forth in this subchapter.
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;