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20-77-122. Survey agency for psychiatric residential treatment facilities of children.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-77-122. Survey agency for psychiatric residential treatment facilities of children.
(a) To the extent required by federal law, the Division of Medical Services of the Department of Human Services shall designate a survey agency to conduct restraint and seclusion surveys in psychiatric residential treatment facilities for children as defined in § 9-28-402.
(b) No designation by the division shall act as a waiver of the provisions of § 9-28-407(a)(3) or any other applicable law governing child welfare agencies.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-122
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:20-77-122
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3339536d50dd373546be8ac7e09d72fdfa1f57c8054f2f90c7968fee539cd85d
Source location: content.xml paragraph 35708
Stored source content
20-77-122. Survey agency for psychiatric residential treatment facilities of children.
(a) To the extent required by federal law, the Division of Medical Services of the Department of Human Services shall designate a survey agency to conduct restraint and seclusion surveys in psychiatric residential treatment facilities for children as defined in § 9-28-402.
(b) No designation by the division shall act as a waiver of the provisions of § 9-28-407(a)(3) or any other applicable law governing child welfare agencies.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-402. Definitions.
As used in this subchapter:
(1) “Adoptive home” means a household of one (1) or more persons that has been approved by a licensed child placement agency to accept a child for adoption;
(2) “Adverse action” means any petition by the Department of Human Services before the Child Welfare Agency Review Board to take any of the following actions against a licensee or applicant for a license:
(A) Revocation of license;
(B) Suspension of license;
(C) Conversion of license from regular or provisional status to probationary status;
(D) Imposition of a civil penalty;
(E) Denial of application; or
(F) Reduction of licensed capacity;
(3) “Alternative compliance” means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule, provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the rule;
(4) “Board” means the Child Welfare Agency Review Board;
(5) “Boarding school” means an institution that is operated solely for educational purposes and that meets each of the following criteria:
(A) The institution is in operation for a period of time not to exceed the minimum number of weeks of classroom instruction required of schools accredited by the Division of Elementary and Secondary Education;
(B) The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year round, except that this provision does not apply to students from foreign countries; and
(C) The parents of children placed in the institution retain custody and planning and financial responsibility for the children;
(6) “Child” means a person who is:
(A) From birth to eighteen (18) year
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-402
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 9-28-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-407. Licenses required and issued.
(a)(1) It shall be unlawful for any person, partnership, group, corporation, association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest to operate or assist in the operation of a child welfare agency that has not been licensed by the Child Welfare Agency Review Board from licensing pursuant to this subchapter.
(2) This license shall be required in addition to any other license required by law for all entities that fit the definition of a child welfare agency and are not specifically exempted, except that no nonpsychiatric residential treatment facility or agency licensed or exempted pursuant to this subchapter shall be deemed to fall within the meaning of § 20-10-101 for any purpose.
(3) Any child welfare agency capacity licensed or permitted by the board as of March 1, 2003, whether held by the original licensee or by a successor in interest to the original licensee, is exempted from:
(A) Obtaining any license or permit from the Office of Long-Term Care;
(B) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at the capacity licensed by the board as of March 1, 2003; and
(C) Obtaining any permit from the Health Services Permit Agency or the Health Services Permit Commission to operate at any future expanded capacity serving only non-Arkansas residents unless a permit is required by federal law or regulation.
(4) Any further expansion of capacity by a licensee of the board shall require a license or permit from the Office of Long-Term Care and the Health Services Permit Agency unless the bed expansion is exempted under subdivisions (a)(3)(A)-(C) of this section.
(5)(A) Subdivisions (a)(3) and (4)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-407
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 9-28-407. This identifies an authority to review, not proof of applicability.