Commencement of proceedings

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  1. (a) Proceedings shall be commenced by filing a petition with the clerk of the probate division of circuit court.

  2. (b) Only the Department of Human Services may file a petition seeking ex parte emergency relief.

  3. (c) No fees may be charged or collected by the clerk in cases brought by the department, including, but not limited to:

    1. (1) Fees for filing;

    2. (2) Summons; or

    3. (3) Subpoenas.

  4. (d) The court shall immediately appoint the Arkansas Public Defender Commission to represent the maltreated adult if:

    1. (1) There is reasonable cause to believe the maltreated adult is indigent; or

    2. (2) The maltreated adult's liberty interest is in jeopardy and the financial condition of the maltreated adult is undetermined.


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