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20-47-215. Additional periods of involuntary admission — Petitions — Hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-215. Additional periods of involuntary admission — Petitions — Hearing.
(a)Generally.
(1) Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.
(2) Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in § 20-47-207 if discharged.
(3) The treatment staff may request additional involuntary admission orders as they are deemed necessary.
(b)Procedure.
(1)(A) A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff.
(B) The petition shall set forth the facts and circumstances forming the basis for the request.
(2) Upon the filing of a petition for additional involuntary admission, all rights enumerated in §§ 20-47-211 and 20-47-212 shall be applicable.
(c)Hearing.
(1)(A) A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission.
(B) The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed.
(C) All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person.
(2) All testimony shall be recorded under oath and preserved.
(3) Th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-215
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:20-47-215
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 819462f5e272aa3ee845cb424e732be6a1b82673e8a8dbcf6941e59f0e710848
Source location: content.xml paragraph 26998
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20-47-215. Additional periods of involuntary admission — Petitions — Hearing.
(a)Generally.
(1) Additional one-hundred-eighty-day involuntary admission orders may be requested if, in the opinion of the treatment staff, a person involuntarily admitted continues to meet the criteria for involuntary admission.
(2) Additional one-hundred-eighty-day involuntary admission periods may be requested by the treatment staff if it is the opinion of the treatment staff that the person needs continued treatment and supervision without which the person poses a likelihood of danger to himself or herself or to others as defined in § 20-47-207 if discharged.
(3) The treatment staff may request additional involuntary admission orders as they are deemed necessary.
(b)Procedure.
(1)(A) A request for periods of additional involuntary admission under this section shall be made by a petition verified by a member of the treatment staff.
(B) The petition shall set forth the facts and circumstances forming the basis for the request.
(2) Upon the filing of a petition for additional involuntary admission, all rights enumerated in §§ 20-47-211 and 20-47-212 shall be applicable.
(c)Hearing.
(1)(A) A hearing on the petition seeking additional involuntary admission pursuant to this section must be held before the expiration of the period of involuntary admission.
(B) The hearing shall be open to the public and the news media, unless the person sought to be additionally involuntarily admitted shall request in writing that the hearing be closed.
(C) All written requests filed on behalf of the person sought to be additionally involuntarily admitted must be witnessed by the attorney who is representing the person.
(2) All testimony shall be recorded under oath and preserved.
(3) The need for additional involuntary admission shall be proved by clear and convincing evidence.
(d) New Original Petition. Nothing in this section shall prevent a new original petition from being filed subsequent to the release of a person involuntarily admitted pursuant to this subchapter.
(e) Upon filing of an order of commitment issued under this section with a circuit clerk, the circuit clerk shall submit a copy of the order of commitment to the Arkansas Crime Information Center.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-207. Involuntary admission — Original petition.
(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 circuit clerk of the county in which the person alleged to have mental illness resides or is 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.
(1) 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.
(2) 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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-207
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 20-47-207. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-211. Notification of rights.
Along with the copy of the petition and the copy of the order directing appearance for an initial evaluation or an order of detention, the person sought to be involuntarily admitted shall be served with a copy of the following statement of rights:
(1) That he or she has the right to effective assistance of counsel, including the right to a court-appointed attorney;
(2) That he or she and his or her attorney have a right to be present at all significant stages of the proceedings and at all hearings except that no attorney shall be entitled to be present upon examination of the person by the physician or any member of the treatment staff pursuant to an evaluation, whether initially or subsequently;
(3) That he or she has the right to present evidence in his or her own behalf;
(4) That he or she has the right to cross-examine witnesses who testify against him or her;
(5) That he or she has a right to remain silent; and
(6) That he or she has a right to view and copy all petitions, reports, and documents contained in the court file.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-211
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 20-47-211. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-212. Appointment of counsel.
(a) If it appears to the court that the person sought to be involuntarily admitted is in need of counsel, counsel shall be appointed immediately upon filing of the original petition.
(b)(1) Whenever legal counsel is appointed by the court, the court shall determine the amount of the fee, if any, to be paid the attorney so appointed and issue an order for payment.
(2) The amount allowed shall not exceed one hundred fifty dollars ($150) based upon the time and effort of the attorney in the investigation, preparation, and representation of the client at the court hearings.
(3) The court shall have the authority to appoint counsel on a pro bono basis.
(c) The quorum courts of each county shall appropriate funds for the purpose of payment of the attorney's fees provided for by this subchapter, and, upon presentment of a claim accompanied by an order of the circuit court fixing the fee, the fee shall be approved by the county court and paid in the same manner as other claims against the county are paid.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-212
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 20-47-212. This identifies an authority to review, not proof of applicability.