Browse Arkansas Code titles and sections
20-48-412. Discharge.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-48-412. Discharge.
(a) Any individual who has entered a human development center by voluntary admission in accordance with the provisions of § 20-48-406(b) may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided the parent or guardian shall have first given to the Board of Developmental Disabilities Services thirty (30) days' notice in writing of his or her intention to withdraw the individual from the center.
(b) An individual committed by order of the circuit court to a center or transferred from another institution shall not be discharged therefrom until, in the judgment of the board and the superintendent of the center, his or her condition justifies the discharge. Whenever the board in its sole judgment determines that the individual should be discharged, the discharge shall be by order of the board, and the board shall certify the discharge to the circuit court of the county making the order of commitment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-48-412
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:20-48-412
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 08e6a3b8af51f322d5522286a6ba91892aaf9f0ec664f04b0446d68005dfe5ee
Source location: content.xml paragraph 28584
Stored source content
20-48-412. Discharge.
(a) Any individual who has entered a human development center by voluntary admission in accordance with the provisions of § 20-48-406(b) may be withdrawn from the center at any time upon the application of the parent or guardian who has legal custody of the individual, provided the parent or guardian shall have first given to the Board of Developmental Disabilities Services thirty (30) days' notice in writing of his or her intention to withdraw the individual from the center.
(b) An individual committed by order of the circuit court to a center or transferred from another institution shall not be discharged therefrom until, in the judgment of the board and the superintendent of the center, his or her condition justifies the discharge. Whenever the board in its sole judgment determines that the individual should be discharged, the discharge shall be by order of the board, and the board shall certify the discharge to the circuit court of the county making the order of commitment.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-48-406. Admission procedures.
(a)(1) Upon receipt of the petition under § 20-48-405, the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the board determines that no center currently has adequate facilities and funds, then the individual shall not be admitted to a center. If the board determines that the centers do have adequate facilities and funds to care for, treat, and train the individual and that the proposed admission would not crowd the centers beyond their maximum capacity, it shall cause an investigation to be made on the petition.
(2)(A) The investigation shall include an examination of the individual through the use of standard mental and psychological tests and physical examinations by two (2) reputable physicians appointed or designated by the board for the purpose of determining the mental status and condition of the individual and whether or not the individual has or is a carrier of a contagious or infectious disease.
(B) The investigation may also include one (1) or more examinations of the individual by psychologists, psychiatrists, and physicians designated by the board.
(C) The board may proceed toward admission of the individual to the center in accordance with the provisions of subsection (b) or subsection (c) of this section, whichever the board may deem proper in the particular case, but taking into consideration the request contained in the petition if the board determines from the investigation that:
(i) The statements made in the petition are true and correct;
(ii) The individual is eligible under the provisions of § 20-48-404;
(iii) The individual neither has
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-48-406
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 20-48-406. This identifies an authority to review, not proof of applicability.