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12-12-1714. Investigative powers of the Department of Human Services.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-12-1714. Investigative powers of the Department of Human Services.
(a) If admission cannot be obtained to a home, an institution, or other place in which an allegedly maltreated person may be present, a circuit court, upon good cause shown, shall order the person responsible for or in charge of the home, institution, or other place to allow entrance for an examination and investigation.
(b) If admission to a home cannot be obtained due to hospitalization or similar absence of the maltreated person and admission to the home is necessary to complete an investigation, a circuit court, upon good cause shown, shall order a law enforcement agency to assist the Department of Human Services to obtain entrance to the home for the required investigation of the home environment.
(c)(1) Upon request, the medical, mental health, or other records regarding the maltreated person, including protected health information, maintained by any facility or maintained by any person required by this subchapter to report suspected adult maltreatment or long-term care facility resident maltreatment, shall be made available to the department for the purpose of conducting an investigation under this subchapter.
(2) Upon request, financial records maintained by a bank or similar institution regarding a maltreated person shall be made available to the department for the purpose of conducting an investigation under this subchapter.
(3) A circuit court, upon good cause shown, shall order any facility or person that maintains medical, mental health, or other records, including protected health information, regarding a maltreated person to tender the records to the department for the purpose of conducting an investigation under this subchapter.
(4) The department is not required to pay for
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1714
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:12-12-1714
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a7abc33e4f0940027adc85a174f46ebc4b5472dbd0ab286b1bff2476b43d5274
Source location: content.xml paragraph 7572
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12-12-1714. Investigative powers of the Department of Human Services.
(a) If admission cannot be obtained to a home, an institution, or other place in which an allegedly maltreated person may be present, a circuit court, upon good cause shown, shall order the person responsible for or in charge of the home, institution, or other place to allow entrance for an examination and investigation.
(b) If admission to a home cannot be obtained due to hospitalization or similar absence of the maltreated person and admission to the home is necessary to complete an investigation, a circuit court, upon good cause shown, shall order a law enforcement agency to assist the Department of Human Services to obtain entrance to the home for the required investigation of the home environment.
(c)(1) Upon request, the medical, mental health, or other records regarding the maltreated person, including protected health information, maintained by any facility or maintained by any person required by this subchapter to report suspected adult maltreatment or long-term care facility resident maltreatment, shall be made available to the department for the purpose of conducting an investigation under this subchapter.
(2) Upon request, financial records maintained by a bank or similar institution regarding a maltreated person shall be made available to the department for the purpose of conducting an investigation under this subchapter.
(3) A circuit court, upon good cause shown, shall order any facility or person that maintains medical, mental health, or other records, including protected health information, regarding a maltreated person to tender the records to the department for the purpose of conducting an investigation under this subchapter.
(4) The department is not required to pay for a copy of a medical, mental health, financial, or other record that is provided to the department under this subsection.
(d)(1) An investigation under this subchapter may include a medical, psychological, social, vocational, financial, and educational evaluation and review, if necessary.
(2)(A)(i) The department may file an ex parte petition in circuit court requesting an order of investigation.
(ii) If the court issues an order of investigation, any subsequent petition for custody shall be filed in this same case.
(B) No fees may be charged or collected by the clerk, including without limitation, fees for filing, summons, or subpoenas.
(3)(A) The department may compel the allegedly maltreated person to be evaluated in the least restrictive environment and least intrusive manner necessary to obtain an assessment if:
(i) The department is unable to secure an order of investigation from the circuit court during regular business hours;
(ii) The department has reasonable cause to suspect a significant risk for serious harm to the health or safety of the adult; and
(iii) The department cannot adequately assess:
(a) The adult’s capacity to comprehend the nature and consequences of remaining in the situation or condition; or
(b) The adult’s mental or physical impairment and ability to protect himself or herself from maltreatment.
(B)(i) Upon request by the department and without a court order, law enforcement and medical personnel shall assist the department as needed in obtaining an assessment on an allegedly maltreated person.
(ii) The assessment may include emergency treatment.
(C) No later than the next business day after the assessment, the department shall petition the court for an order of investigation as outlined in this section.
(4)(A) Upon a showing of reasonable cause to suspect an allegedly maltreated person is endangered or impaired, the circuit court shall issue an order of investigation.
(B) The order of investigation may include the power to compel the allegedly maltreated person to be assessed to determine whether the person:
(i) Lacks capacity to understand the nature and consequences of remaining in the situation or condition that poses a danger to the person; or
(ii) Has a mental or physical impairment such that the person is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.
(5) Upon good cause shown by the department, the circuit court may order emergency treatment of the allegedly maltreated adult.
(6)(A) The allegedly maltreated adult has a right to counsel, including appointed counsel if indigent, and a right to a hearing within five (5) business days after the allegedly maltreated adult is served with the ex parte order of investigation.
(B) If the allegedly maltreated adult is not indigent, the circuit court has the authority to appoint counsel to represent the allegedly maltreated adult and to direct payment from the assets of the adult for legal services received by the adult.
(C) If the department determines the allegedly maltreated adult is not endangered or impaired and releases the allegedly maltreated adult or ceases any assessment, a hearing under subdivision (d)(6)(A) of this section is not required.
(7)(A) At the five-day hearing the court shall determine whether the order of investigation shall continue for an additional period of time or be terminated.
(B) The burden shall be upon the department to show probable cause that the alleged maltreated person is an endangered or impaired person and that additional time is necessary to complete the investigation.
(8) The department and the court shall defer to any declaration executed in conformance with the Arkansas Rights of the Terminally Ill or Permanently Unconscious Act, § 20-17-201 et seq., and before any documented medical or judicial determination of lack of capacity.
(e) If before an investigation under this subchapter is completed, the Adult Protective Services Unit of the Department of Human Services determines that the immediate removal of a maltreated adult is necessary to protect the maltreated adult from imminent danger to his or her health or safety, the unit may:
(1) Petition a circuit court for an order of temporary custody; or
(2) Exercise a seventy-two-hour hold under the Adult Maltreatment Custody Act, § 9-20-101 et seq.
(f) Upon petition by the department, the court may direct payment from the assets of the allegedly maltreated adult for services rendered or goods purchased by or for the allegedly maltreated adult during the course of the investigation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-17-201. Definitions.
As used in this subchapter:
(1) “Attending physician” means the physician who has primary responsibility for the treatment and care of the patient;
(2)(A) “Declaration” means a writing executed in accordance with the requirements of § 20-17-202(a).
(B) “Declaration” is an advance directive under § 20-6-102;
(3) “Healthcare provider” means a person who is licensed, certified, or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession;
(4) “Healthcare proxy” is a person eighteen (18) years old or older appointed by the patient as attorney-in-fact to make healthcare decisions including the withholding or withdrawal of life-sustaining treatment if a qualified patient, in the opinion of the attending physician, is permanently unconscious, incompetent, or otherwise mentally or physically incapable of communication;
(5) “Life-sustaining treatment” means any medical procedure or intervention that, when administered to a qualified patient, will serve only to prolong the process of dying or to maintain the patient in a condition of permanent unconsciousness;
(6) “Permanently unconscious” means a lasting condition, indefinitely without change in which thought, feeling, sensations, and awareness of self and environment are absent;
(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
(8) “Physician” means an individual licensed to practice medicine in this state;
(9) “Qualified patient” means a patient eighteen (18) or more years of age who has executed a declaration or appointed a healthcare proxy and who ha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-17-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-17-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-20-101. Title.
This chapter shall be known and may be cited as the “Adult Maltreatment Custody Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-20-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-20-101. This identifies an authority to review, not proof of applicability.