Long-term custody and court-ordered protective services hearings

  1. Law
  2. Arkansas Code
  3. Family Law
  4. Domestic Relations
  5. Adult Maltreatment Custody Act
  6. Long-term custody and court-ordered protective services hearings

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  1. (a)

    1. (1) A hearing for long-term custody or court-ordered protective services shall be held no later than thirty (30) days after the date of the probable cause hearing or the date the order for emergency custody was signed.

    2. (2) However, the probate division of circuit court may extend the time during which the hearing must be held upon a finding that extenuating circumstances exist.

  2. (b)

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

    2. (2)

      1. (A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer’s or an emergency medical services provider’s transporting the maltreated adult to a hearing required under subsection (a) of this section if medically appropriate.

      2. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (b)(2)(A) of this section.

      3. (C) An emergency medical services provider, the employees of a medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (b)(2)(A) and (B) of this section.

      4. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (b)(2)(A) and (B) of this section.

  3. (c) The court may order long-term custody with the department if the court determines that:

    1. (1) The adult has a mental or physical impairment or lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents an imminent danger to his or her health or safety;

    2. (2) The adult is unable to provide for his or her own protection from maltreatment; and

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

  4. (d)

    1. (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 a finding for noninstitutional care if possible.

    2. (2) If protective services are available to remedy the imminent danger to the maltreated adult, the court may order the adult or the caregiver for the adult to accept the protective services in lieu of placing the adult in the custody of the department.

  5. (e)

    1. (1) The court may order that treatment, evaluations, and services be obtained for the maltreated adult.

    2. (2) However, the court may not specify a particular provider for services or placement unless the adult is paying for the service or placement.

  6. (f) The court may order that Social Security, retirement, or other sources of income be redirected on behalf of the maltreated adult.


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