Ark. Code Ann. » Title 20 Chapter 47
Arkansas Code Annotated

Ark. Code Ann. § 20-47-209 (2026)

Initial hearing — Failure to appear — Exceptions from appearance requirement

✓ current as of May 2026
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  1. If the person named in the original petition is not confined at the time that the petition is filed, the court may:
    1. Enter an ex parte order directing a law enforcement officer to serve the person with a copy of the petition together with a notice to appear for an initial hearing. The hearing shall be set by the court within three (3) days, excluding weekends and holidays, of the filing of the original petition. If the person is duly served and fails to appear, the court shall issue an order of detention; or
    2. Dismiss the petition.
  2. The person named in the original petition is not required to appear and may be removed from the presence of the court upon a finding by the court that the person is:
    1. By reason of physical infirmity unable to appear;
    2. That the person's appearance would be detrimental to his or her mental health, well-being, or treatment; or
    3. That his or her conduct before the court is so disruptive that the proceedings cannot reasonably continue with him or her present.
    1. The petitioner shall appear before the circuit judge hearing the petition to substantiate the petition.
    2. The court shall make a determination based on clear and convincing evidence that there is probable cause to believe that the person has a mental illness, disease, or disorder and that one (1) of the criteria for involuntary admission applies to the person.
    3. If such a determination is made, the person shall be admitted for evaluation, and a hearing pursuant to § 20-47-214 shall be held within the period specified in § 20-47-205.

History. Acts 1989, No. 861, § 5; 1989 (3rd Ex. Sess.), No. 72, § 1; 1997, No. 1224, § 3.

Case Notes

Detention Pending Hearing.

In the event a probable cause hearing is not held upon the respondent's initial appearance, the court may order the respondent to be detained at the State Hospital or any public community mental health facility or in custody pending the probable cause hearing. Wessel v. Pryor, 461 F. Supp. 1144 (E.D. Ark. 1978) (decision under prior law).

Failure to Hold Hearing.

The failure to conduct a probable cause hearing is a fatal defect in the process and divests any successive court of jurisdiction to proceed further in the matter, thus requiring the reversal of any future order directing treatment. Chatman v. State, 336 Ark. 323, 985 S.W.2d 718 (1999).

Cited: In re Allen, 304 Ark. 222, 800 S.W.2d 715 (1990).

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1993–2025 · leading case: Buchte v. State, 990 S.W.2d 539 (Ark. 1999).
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Buchte v. State, 990 S.W.2d 539 (Ark. 1999). · cites it 11× “Buchte contends that the commitment order was invalid because he did not appear nor was he represented at a probable-cause hearing as required by Ark. Code Ann. § 20-47-209 (Repl. 1991). The State acknowledges the invalidity of the forty-five-day commitment order.”
Dickinson v. State, 270 S.W.3d 863 (Ark. 2008). · cites it 4× “[1] In accordance with the procedures set forth in Ark.Code Ann. § 20-47-209 (Repl. 2001), a seven-day commitment hearing was held on January 11, 2007.”
Winters v. Arkansas Dep't of Health & Human Servs., 437 F. Supp. 2d 851 (E.D. Ark. 2006). · cites it 7× “Section 20-47-209 deals with the “Initial Hearing”, and subsection (a) reads as follows: (a)If the person named in the original petition is not confined at the time that the petition is filed, the court may: (1) Enter an ex parte order directing a law enforcement officer to…”
Chatman v. State, 985 S.W.2d 718 (Ark. 1999). · cites it 5× “Ark. Code Ann. § 20-47-209 (Repl. 1991). 1 This is the Section Five hearing, and in order for a person to be admitted to a hospital for evaluation, the probate judge must be convinced that such is warranted by clear and convincing evidence.”
Campbell v. State, 846 S.W.2d 639 (Ark. 1993). “Section 20-47-210(a)(l) provides in pertinent part: A petition, as provided in § 20-47-207, shall be filed in the probate court of the county in which the person resides or is detained within seventy-two (72) hours, excluding weekends and holidays, and a hearing, as provided in…”
In the Matter of Christopher Springer, Christopher Springer v. Charles Jensen, M.D., 2020 Ark. App. 435 (Ark. Ct. App. 2020). · cites it 3× “Turning to Arkansas Code Annotated section 20-47-209, this statute provides that after the petition is filed, a hearing must be held within three days of that event before the probate judge of that county to determine whether there is probable cause to believe the person has a…”
Cannon v. Garland Cnty., 948 F. Supp. 1368 (W.D. Ark. 1996). · cites it 2× “) — the Arkansas Legislature again made changes to the civil commitment laws: * § 59-1405(a)(l) was redesignated as § 20-47-209(a)(l), and amended to insert the words: “excluding weekends and holidays ” after the words: “within three (3) days”; and * § 59-1406 was redesignated…”
Chuong Le v. State of Arkansas, 2025 Ark. App. 165 (Ark. Ct. App. 2025). · cites it 3× “On July 5, the circuit court entered an order for immediate detention and evaluation and set a hearing pursuant to Arkansas Code Annotated section 20-47-209 (Repl. 2018)—known as a probable-cause or Section Five hearing—for the next day.”
Ark. Code Ann. § 20-47-209(a)(1): 6 cases
Campbell v. State, 846 S.W.2d 639 (Ark. 1993). “Section 20-47-210(a)(l) provides in pertinent part: A petition, as provided in § 20-47-207, shall be filed in the probate court of the county in which the person resides or is detained within seventy-two (72) hours, excluding weekends and holidays, and a hearing, as provided in…”
Winters v. Arkansas Dep't of Health & Human Servs., 437 F. Supp. 2d 851 (E.D. Ark. 2006). “Section 20-47-209 deals with the “Initial Hearing”, and subsection (a) reads as follows: (a)If the person named in the original petition is not confined at the time that the petition is filed, the court may: (1) Enter an ex parte order directing a law enforcement officer to…”
Buchte v. State, 990 S.W.2d 539 (Ark. 1999). “Buchte contends that the commitment order was invalid because he did not appear nor was he represented at a probable-cause hearing as required by Ark. Code Ann. § 20-47-209 (Repl. 1991). The State acknowledges the invalidity of the forty-five-day commitment order.”
Chatman v. State, 985 S.W.2d 718 (Ark. 1999). “Ark. Code Ann. § 20-47-209 (Repl. 1991). 1 This is the Section Five hearing, and in order for a person to be admitted to a hospital for evaluation, the probate judge must be convinced that such is warranted by clear and convincing evidence.”
In the Matter of Christopher Springer, Christopher Springer v. Charles Jensen, M.D., 2020 Ark. App. 435 (Ark. Ct. App. 2020). “Turning to Arkansas Code Annotated section 20-47-209, this statute provides that after the petition is filed, a hearing must be held within three days of that event before the probate judge of that county to determine whether there is probable cause to believe the person has a…”
Ark. Code Ann. § 20-47-209(a)(l): 3 cases
Chatman v. State, 985 S.W.2d 718 (Ark. 1999). “Ark. Code Ann. § 20-47-209 (Repl. 1991). 1 This is the Section Five hearing, and in order for a person to be admitted to a hospital for evaluation, the probate judge must be convinced that such is warranted by clear and convincing evidence.”
Winters v. Arkansas Dep't of Health & Human Servs., 437 F. Supp. 2d 851 (E.D. Ark. 2006). “Section 20-47-209 deals with the “Initial Hearing”, and subsection (a) reads as follows: (a)If the person named in the original petition is not confined at the time that the petition is filed, the court may: (1) Enter an ex parte order directing a law enforcement officer to…”
Cannon v. Garland Cnty., 948 F. Supp. 1368 (W.D. Ark. 1996). “) — the Arkansas Legislature again made changes to the civil commitment laws: * § 59-1405(a)(l) was redesignated as § 20-47-209(a)(l), and amended to insert the words: “excluding weekends and holidays ” after the words: “within three (3) days”; and * § 59-1406 was redesignated…”
Ark. Code Ann. § 20-47-209(c)(3): 1 case
Winters v. Arkansas Dep't of Health & Human Servs., 437 F. Supp. 2d 851 (E.D. Ark. 2006). “Section 20-47-209 deals with the “Initial Hearing”, and subsection (a) reads as follows: (a)If the person named in the original petition is not confined at the time that the petition is filed, the court may: (1) Enter an ex parte order directing a law enforcement officer to…”
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