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

Ark. Code Ann. § 20-47-211 (2020)

Notification of rights

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Along with the copy of the petition and the copy of the order directing appearance for an initial evaluation or an order of detention, the person sought to be involuntarily admitted shall be served with a copy of the following statement of rights:

  1. That he or she has the right to effective assistance of counsel, including the right to a court-appointed attorney;
  2. That he or she and his or her attorney have a right to be present at all significant stages of the proceedings and at all hearings except that no attorney shall be entitled to be present upon examination of the person by the physician or any member of the treatment staff pursuant to an evaluation, whether initially or subsequently;
  3. That he or she has the right to present evidence in his or her own behalf;
  4. That he or she has the right to cross-examine witnesses who testify against him or her;
  5. That he or she has a right to remain silent; and
  6. That he or she has a right to view and copy all petitions, reports, and documents contained in the court file.

History. Acts 1989, No. 861, § 8.

Research References

ALR.

Right to Counsel in Civil Commitment Proceedings for the Mentally Ill, 33 A.L.R.7th Art. 5 (2018).

Case Notes

Evidence.

The appellant was not afforded his due process protection pursuant to this section where: (1) although it was arguable that his probable cause hearing was held within 72 hours, excluding weekends, of his confinement, he was neither allowed to appear nor afforded legal counsel to appear on his behalf; (2) while the court may conduct the hearing in a detainee's absence due to physical infirmity, or if appearance would be detrimental to his health, well-being, or treatment, or that his conduct would be disruptive, the court failed to make specific findings that one of these conditions was present to justify the appellant's nonattendance; and (3) the appellant was not afforded any legal counsel at what turned out to be the probable cause hearing in his case. Buchte v. State, 337 Ark. 591, 990 S.W.2d 539 (1999).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1999–2024 · 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 8× “Finally, pursuant to Ark. Code Ann. § 20-47-211 (Repl. 1991), upon detention the detainee is supposed to be served a copy of the petition for involuntary commitment, a copy of a summons to appear at the probable-cause hearing, and a copy of a statement of rights.”
Winters v. Arkansas Dep't of Health & Human Servs., 437 F. Supp. 2d 851 (E.D. Ark. 2006). · cites it 2× “(1) The person is immediately advised of his or her rights as provided in § 20-47-211; and, (2) The person is determined by the treatment staff of the hospital or receiving facility or program or by the physician to be of danger to himself or herself or others as defined in §…”
Kuelbs v. Hill, 379 S.W.3d 716 (Ark. Ct. App. 2010). · cites it 2× “Donald also claims that Kristin should have received statutory notice, pursuant to Arkansas Code Annotated section 20-47-211 (Repl.2001), that she had a right to effective assistance of counsel; to be present at hearings and other significant stages of the proceedings; to…”
Holly Jones v. State of Arkansas, 2024 Ark. App. 283, 689 S.W.3d 98. · cites it 2× “Jones is correct that Ark. Code Ann. § 20-47-211 (Repl. 2018) requires that the statement of rights be served on the detainee; however, the service of the statement of rights is not a jurisdictional issue.”
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