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20-47-804. Crisis intervention protocol not exclusive — Voluntary stay at crisis stabilization unit.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-804. Crisis intervention protocol not exclusive — Voluntary stay at crisis stabilization unit.
(a) If during or after the initiation of a crisis intervention protocol under this subchapter a mental health professional or medical professional believes the individual being detained would benefit more from a longer commitment in a residential facility, the mental health professional or medical professional may institute commitment proceedings as authorized under § 20-47-201 et seq.
(b) If a commitment proceeding is initiated under § 20-47-201 et seq. in a court with jurisdiction, that proceeding shall control and any custodial detention or treatment as part of a crisis intervention protocol initiated under this subchapter shall cease in lieu of any commitment or treatment ordered by the court.
(c)(1) A crisis intervention protocol may be ended before the maximum detention time of seventy-two (72) hours has elapsed, as described under § 20-47-810, by the law enforcement agency that has custody of the individual at its discretion if:
(A) The individual in custody under this subchapter agrees to remain at the crisis stabilization unit voluntarily;
(B) The detaining law enforcement agency reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and
(C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit.
(2)(A) An individual who is released from custody and remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time.
(B) A crisis stabilization unit may:
(i) Discharge an individual who is released from custody and remains at t
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-804
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:20-47-804
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ceeb2cbe66d8d68109a3055ec84ddc7fa90d62486e67690167fcef70d4ebdf6a
Source location: content.xml paragraph 27766
Stored source content
20-47-804. Crisis intervention protocol not exclusive — Voluntary stay at crisis stabilization unit.
(a) If during or after the initiation of a crisis intervention protocol under this subchapter a mental health professional or medical professional believes the individual being detained would benefit more from a longer commitment in a residential facility, the mental health professional or medical professional may institute commitment proceedings as authorized under § 20-47-201 et seq.
(b) If a commitment proceeding is initiated under § 20-47-201 et seq. in a court with jurisdiction, that proceeding shall control and any custodial detention or treatment as part of a crisis intervention protocol initiated under this subchapter shall cease in lieu of any commitment or treatment ordered by the court.
(c)(1) A crisis intervention protocol may be ended before the maximum detention time of seventy-two (72) hours has elapsed, as described under § 20-47-810, by the law enforcement agency that has custody of the individual at its discretion if:
(A) The individual in custody under this subchapter agrees to remain at the crisis stabilization unit voluntarily;
(B) The detaining law enforcement agency reasonably believes that the individual would not be a danger to himself or herself or to others if he or she remained at the crisis stabilization unit voluntarily; and
(C) The crisis stabilization unit agrees to allow the individual to remain at the crisis stabilization unit.
(2)(A) An individual who is released from custody and remains at a crisis stabilization unit voluntarily under this subsection is free to leave the crisis stabilization unit at any time.
(B) A crisis stabilization unit may:
(i) Discharge an individual who is released from custody and remains at the crisis stabilization unit voluntarily at its discretion; and
(ii) As part of the discharge process and subject to the consent of the person no longer in custody, provide the person with a follow-up treatment plan and a request that the person utilize the treatment plan, including subsequent appointments with a mental health professional.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-201. Purpose — Policy.
(a) The purpose of this subchapter is to enable the Division of Aging, Adult, and Behavioral Health Services of the Department of Human 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 to 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-201
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 20-47-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-47-810. Seventy-two-hour maximum time of detention.
(a) An individual with a behavioral health impairment who is admitted to a psychiatric emergency service under a crisis intervention protocol under this subchapter shall have a final disposition within a maximum of seventy-two (72) hours or be released from custody.
(b) If the individual with a behavioral health impairment cannot be stabilized within seventy-two (72) hours of entering into a crisis intervention protocol, a participating partner may institute commitment proceedings as authorized under § 20-47-201 et seq.
(c) An individual who has been released from custody and has chosen to stay at a crisis stabilization unit voluntarily under § 20-47-804(c) is not bound by the seventy-two-hour maximum time of detention under this section.
(d) As part of the discharge process after the seventy-two-hour hold has expired and the individual is being released from custody, and subject to the consent of the individual no longer in custody, a crisis stabilization unit may provide the individual with a follow-up treatment plan and a request that the individual utilize the treatment plan, including subsequent appointments with a mental health professional.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-47-810
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 20-47-810. This identifies an authority to review, not proof of applicability.