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9-20-122. Evaluation of prospective guardians.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-20-122. Evaluation of prospective guardians.
(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may:
(1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter;
(2) Perform a criminal records check with the Identification Bureau of the Division of Arkansas State Police for convictions regarding violations under this subchapter;
(3) Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment;
(4) Request a check of the Adult and Long-term Care Facility Resident Maltreatment Central Registry or its equivalent in the state of residence; and
(5) Perform an evaluation of the home or proposed dwelling for an adult in the Department of Human Services' custody.
(b) Subsection (a) of this section applies to an individual who has:
(1) Requested consideration to be appointed guardian under § 28-65-101 et seq., of an adult in the custody of the Department of Human Services;
(2) Requested custody of an adult in the custody of the Department of Human Services; and
(3) Petitioned a court of competent jurisdiction:
(A) To be appointed guardian, under § 28-65-101 et seq.; or
(B) For custody of an adult in the custody of the Department of Human Services.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-20-122
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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Record provenance
Stable record: arkansas_code:legal_authorities:9-20-122
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 58cb8808dee67b8ac2551774f2012384aa1269aa7f7bfd0f36b4203db65f25b7
Source location: content.xml paragraph 12958
Stored source content
9-20-122. Evaluation of prospective guardians.
(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may:
(1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter;
(2) Perform a criminal records check with the Identification Bureau of the Division of Arkansas State Police for convictions regarding violations under this subchapter;
(3) Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment;
(4) Request a check of the Adult and Long-term Care Facility Resident Maltreatment Central Registry or its equivalent in the state of residence; and
(5) Perform an evaluation of the home or proposed dwelling for an adult in the Department of Human Services' custody.
(b) Subsection (a) of this section applies to an individual who has:
(1) Requested consideration to be appointed guardian under § 28-65-101 et seq., of an adult in the custody of the Department of Human Services;
(2) Requested custody of an adult in the custody of the Department of Human Services; and
(3) Petitioned a court of competent jurisdiction:
(A) To be appointed guardian, under § 28-65-101 et seq.; or
(B) For custody of an adult in the custody of the Department of Human Services.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-65-101. Definitions.
As used in this chapter:
(1) “Essential requirements for health or safety” means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur;
(2) “Evaluation” means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual's capability to meet the essential requirements for his or her health or safety or to manage his or her estate;
(3) “Guardian” means one appointed by a court to have the care and custody of the person or of the estate, or of both, of an incapacitated person;
(4) “Guardian ad litem” means one appointed by a court in which a particular proceeding is pending to represent a ward or an unborn person in that proceeding;
(5)(A) “Incapacitated person” means a person who is impaired by reason of a disability such as mental illness, mental deficiency, physical illness, chronic use of drugs, or chronic intoxication, to the extent of lacking sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for his or her health or safety or to manage his or her estate.
(B) “Incapacitated person” includes an endangered adult or impaired adult as defined in § 9-20-103, who is in the custody of the Department of Human Services.
(C) Nothing in this chapter shall be construed to mean a person is incapacitated for the sole reason he or she relies consistently on treatment by spiritual means through prayer alone for healing in accordance with his or her religious tradition and is being furnished such treatment;
(6) “Least restrictive alternative” means the form of assistance that least interferes with the legal capacity of the respondent to act in his or her own behalf;
(7
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-65-101
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 28-65-101. This identifies an authority to review, not proof of applicability.