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9-27-602. Assessment of juvenile mental health services required.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-602. Assessment of juvenile mental health services required.
(a) Prior to the circuit court's ordering a juvenile to an out-of-state residential placement, excluding border state placements as defined by Medicaid, the court shall refer a juvenile for an assessment by the Department of Human Services or the department's designee to include, but not be limited to:
(1)(A) An assessment of the mental health services for the juvenile and the juvenile's family.
(B) If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court:
(i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan;
(ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile;
(iii) That provide an anticipated length of time needed for residential or inpatient treatment; and
(iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and
(2)(A) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services.
(B) If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall:
(i) Specify the reasons why the juvenile cannot be served in the state; and
(ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation.
(b) The department or its designee shall complete the out-of-state mental health ass
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-602
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:9-27-602
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e51c0f8771f09dea8058b7654b4249ad0138d37bfee7b8b5895feae6ca4fff37
Source location: content.xml paragraph 19118
Stored source content
9-27-602. Assessment of juvenile mental health services required.
(a) Prior to the circuit court's ordering a juvenile to an out-of-state residential placement, excluding border state placements as defined by Medicaid, the court shall refer a juvenile for an assessment by the Department of Human Services or the department's designee to include, but not be limited to:
(1)(A) An assessment of the mental health services for the juvenile and the juvenile's family.
(B) If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court:
(i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan;
(ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile;
(iii) That provide an anticipated length of time needed for residential or inpatient treatment; and
(iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and
(2)(A) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services.
(B) If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall:
(i) Specify the reasons why the juvenile cannot be served in the state; and
(ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation.
(b) The department or its designee shall complete the out-of-state mental health assessment within five (5) business days of referral from the court.
(c) The assessment completed by the department or its designee shall be admitted into evidence, and the court shall consider the assessment in making its determination as to what services and placement should be ordered based on the best interest of the juvenile.
(d)(1) The court shall make a determination of the ability of the parent, guardian, or custodian of the juvenile to pay in whole or in part for mental health services.
(2) If the court determines an ability to pay, the court shall enter such an order for payment pursuant to § 9-27-333(e).
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-27-333. Disposition — Family in need of services — Limitations — Definitions.
(a) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services.
(b) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard.
(c) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void.
(d)(1) For purposes of this section, the court shall not specify a particular provider for placement or family services when the department is the payor or provider.
(2)(A) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties.
(B) A court may also order a child to be placed into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.
(e)(1) In all cases in which family services are ordered, the court shall determine a parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services.
(2) This determination and the evidence supporting it shall be made in writing in the order ordering family services.
(3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall en
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-27-333
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 9-27-333. This identifies an authority to review, not proof of applicability.