Arkansas Law

§ 5-28-306. Long-term custody - Hearing - Placement - Appeal.

(a) A hearing for long-term protective custody or court-ordered services shall be no later than thirty (30) days from the date the order for temporary protective custody was signed, unless the court extends the time in which the hearing must be held upon a finding that extenuating circumstances exist.

(b) The court may hold a hearing for long-term protective custody or court-ordered services anywhere in the judicial district.

(c)(1) The court shall make a finding in connection with the determination of the least restrictive alternative to be considered proper under the circumstances, including the finding for noninstitutional care wherever possible.

          (2) Where there are services available to remedy the imminent danger to the abused, neglected, or exploited adult, the court may order the adult or the caregiver for the adult to accept the services in lieu of placing the adult in protective custody.

(d) In the order, the court shall specify:

          (1) The placement or care plan to be followed;

          (2) The reason for the placement or care to be given;

          (3) The scope and duration of the order;

          (4) That the department periodically review the case every six (6) months, or more frequently if warranted;

          (5) That the department monitor the services being received in lieu of protective custody as often as is necessary to prevent the recurrence of the danger; and

          (6) The requirement of judicial court review of the case, either formal or informal as determined by the court, at least once a year.

(e) No long-term protective custody may be ordered unless there is a determination by the court that:

          (1) The person is lacking the capacity to comprehend the nature and consequences of remaining in a situation that presents an imminent danger to his health or safety;

          (2) The individual is unable to provide for his own protection from abuse or neglect; and

          (3) The court finds clear and convincing evidence that the individual to be placed is in need of placement as provided in this chapter.

(f) Placement may be in such facilities as nursing homes, boarding homes, medical institutions, foster care services, or other facilities that provide either medical or personal supervision.

(g)(1) Placement under this section does not replace commitment of a person in need of acute psychiatric treatment or alcohol or drug abuse treatment.

          (2) Placement under this section does not apply to domestic abuse of mentally competent persons.

          (3) No adult shall be placed in the custody of the department for the sole purpose of consenting to the adult's medical treatment.

(h) Any person aggrieved by any order for long-term protective custody or for court-ordered services may appeal to a court of competent jurisdiction in the manner and procedures now provided by law.

History. Acts 1983, No. 452, § 8; A.S.A. 1947, § 59-1308; Acts 1995, No. 1338, § 2; 1997, No. 1034, § 6; 1999, No. 753, § 13.