Arkansas Law

§ 5-28-304. Long-term custody - Notice.

(a)(1)(A) The Department of Human Services may file a petition requesting that an abused, neglected, or exploited adult be placed in the department's long-term protective custody.

          (B) Alternatively, or in combination with a petition for protective custody, the department may file a petition for court-ordered services requesting that the abused, neglected, or exploited adult or the primary caregiver of the adult be ordered to accept services in the adult's home environment in lieu of being placed in protective custody.

               (2) The petition requesting long-term protective custody or court-ordered services may be combined with the petition requesting temporary protective custody.

(b) Notice of a petition for long-term protective custody or court-ordered services shall be served upon the respondent at least seven (7) calendar days prior to the time set for a hearing.

(c) Upon service of the notice, the respondent will be given notice of the long-term hearing, a copy of the petition, and a copy of the order for the hearing.

(d) In addition, the respondent will be advised of the following rights:

               (1) The right to effective assistance of counsel;

               (2) The right to be present at the hearing;

               (3) The right to present evidence on his own behalf;

               (4) The right to cross-examine witnesses who testify against him;

               (5) The right to present witnesses in his own behalf;

               (6) The right to remain silent; and

               (7) The right to view and copy all petitions, reports, and documents retained in the court file.

(e) The person or persons serving the notice shall return the certificate of service to the court verifying that the petition the order for hearing, and a statement of the rights in subsection (d) of this section have been delivered and notice given.

(f) Additionally, notice shall be given to:

               (1) The legal counsel;

               (2) The next of kin whose names and addresses are known to the petitioner;

               (3) The person having physical custody of the respondent;

               (4) Any person named in the petition; and

               (5) Such other persons or entities as the court may require.

(g) The probate clerk shall not charge or collect a filing fee from the department when it files a petition for:

               (1) Temporary or long-term protective custody;

               (2) Temporary custody for purposes of evaluation;

               (3) Court-ordered services; or

               (4) An order of investigation.

History. Acts 1983, No. 452, § 8; A.S.A. 1947, § 59-1308; Acts 1995, No. 1338, § 2; 1997, No. 1034, § 5; 1999, No. 753, § 13.