Ark. Code Ann. » Title 9 Chapter 20
Arkansas Code Annotated

Ark. Code Ann. § 9-20-108 (2026)

Jurisdiction — Venue — Eligibility

✓ current as of May 2026
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    1. The probate division of circuit court shall have jurisdiction over proceedings for:
      1. Custody;
      2. Temporary custody for purposes of evaluation;
      3. Less-than-custody;
      4. Court-ordered protective services; or
      5. An order of investigation under this chapter.
    2. The probate division of circuit court may retain jurisdiction for no more than one hundred eighty (180) days after the death of an adult in the custody of the Department of Human Services to enter orders concerning disposition of the body of the adult as well as any assets of the adult, including the ability to order payment for services rendered or goods purchased by or for the adult while in the custody of the department before the death of the adult.
    1. A proceeding under this chapter shall be commenced in the probate division of the circuit court of the county where:
      1. The maltreated adult resides; or
      2. The maltreatment occurred.
      1. An adult custody proceeding shall not be dismissed if a proceeding is filed in the incorrect county.
      2. If the proceeding is filed in the incorrect county, the adult custody proceeding shall be transferred to the proper county upon discovery of the proper county for venue.
      3. Following the long-term custody hearing, the court may on its own motion or on motion of any party transfer the case to another county if the judge in the other venue agrees to accept the transfer.
    1. Eligibility for services from the department, including custody, for aliens and nonaliens shall be the same eligibility requirements for the Arkansas Medicaid Program.
    2. If an adult who is in the custody of the department does not meet the eligibility requirements for the Arkansas Medicaid Program due to exceeding income or resource limitations for eligibility at the time the department assumes custody of the adult or at any point after the department assumes custody of the adult, the court shall:
      1. Direct payment from the assets of the adult who is in the custody of the department if it is necessary to pay for services rendered or goods purchased by or on behalf of the adult; and
      2. Enter an order regarding the use or sale of the income or resources of the adult who is in the custody of the department that is necessary to provide for services rendered or goods purchased by or on behalf of the adult.
    3. The court shall not order the department to pay for services rendered or goods purchased by or on behalf of the adult who is in the custody of the department including without limitation placement for the adult.
  4. No person may be taken into custody or placed in the custody of the department under this section if that person is in need of:
    1. Acute psychiatric treatment;
    2. Chronic mental health treatment;
    3. Alcohol or drug abuse treatment;
    4. Protection from domestic abuse if that person is mentally competent; or
    5. Casework supervision by mental health professionals.
  5. No adult may be taken into custody or placed in the custody of the department for the sole purpose of consenting to the adult's medical treatment.
    1. If the maltreated adult is found to be indigent and the court appoints the Arkansas Public Defender Commission as counsel for the maltreated adult, the commission shall represent the maltreated adult as to the issue of deprivation of liberty, but not with respect to issues involving property, money, investments, or other fiscal issues.
    2. As to issues requiring court approval under § 9-20-120(b), the commission's role shall be to ensure that qualified medical personnel provide testimony or an affidavit with clear and convincing evidence to support the proposed medical action or inaction.
    3. If the court appoints the public defender as counsel for the maltreated adult and assets are later identified for the maltreated adult, the court may award an attorney's fee to the commission.

History. Acts 2005, No. 1811, § 1; 2009, No. 526, § 3; 2011, No. 206, § 2; 2019, No. 326, § 1; 2019, No. 956, § 1.

Amendments. The 2009 amendment inserted “the body of the adult as well as” in (a)(2); inserted (b)(2) and redesignated the remaining subdivisions of (b) accordingly; and added (f).

The 2011 amendment inserted present (a)(1)(C) and redesignated the remaining subdivisions accordingly; and, in (a)(2), substituted “may retain jurisdiction” for “shall retain jurisdiction” and inserted “no more than”.

The 2019 amendment by No. 326 repealed (f)(2)(B).

The 2019 amendment by No. 956 added (c)(2) and (c)(3).

Case Notes

Applicability.

Appellant's argument was rejected that her status as a person “in need of chronic mental health treatment” for purposes of subdivision (d)(2) of this section precluded application of the Adult Maltreatment Custody Act, § 9-20-101 et seq., to her and the order placing her in the long-term custody of the Department of Human Services; in addition to a bipolar disorder, clear and convincing evidence showed that appellant had unspecified neurocognitive disorder (dementia), likely Alzheimer's type, she lacked the capacity to comprehend the nature and consequences of remaining in a situation that presented an imminent danger to her health or safety, she was unable to protect herself from maltreatment, and she was in need of placement. Moreover, appellant had been evicted from her home, did not understand that she no longer had a home to return to, had no plan to avoid homelessness, and lacked insight regarding her mental-impairment issues. O.C. v. Ark. Dep't of Human Servs., 2019 Ark. App. 581, 591 S.W.3d 812 (2019).

Cross-Examination.

Individual did not demonstrate prejudice as a result of the circuit court limiting his ability to cross-examine the caseworker as to his assets or available benefits where the circuit court had allowed the caseworker to answer further cross-examination concerning any other financial assets the individual might have had aside from his Social Security and the bank account, and the caseworker responded that she had no knowledge of any other assets. Johnston v. Ark. Dep't of Human Servs., 2017 Ark. App. 51, 515 S.W.3d 620 (2017).

Notes of Decisions
Cited in 5 cases, 2009–2019 · leading case: Howard v. Arkansas Dep't of Human Servs., 2017 Ark. App. 68, 512 S.W.3d 676.
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Howard v. Arkansas Dep't of Human Servs., 2017 Ark. App. 68, 512 S.W.3d 676. · cites it 14× “See Ark. Code Ann. § 9-20-108 (a)(1). Pursuant to the Act, the probate court may order long-term custody with DHS if the court determines that: (1) The adult has a mental or physical impairment or lacks the capacity to comprehend the nature and consequences of remaining in a…”
Adams v. Arkansas Dep't of Health & Human Servs., 291 S.W.3d 172 (Ark. 2009). · cites it 2× “See Ark. Code Ann. § 9-20-108 (a)(l) (Repl.2008).”
Nicholson v. Arkansas Dep't of Human Servs., 2017 Ark. App. 52, 511 S.W.3d 903. · cites it 2× “We acknowledge such right; however, Ark. Code Ann. § 9-20-108 provides, If the maltreated adult is found to be indigent and the court appoints the Arkansas Public Defender Commission as counsel for the maltreated adult, the commission shall represent the maltreated adult as to…”
In Re O.C., 2019 Ark. App. 581. · cites it 7× “Appellant’s sole argument on appeal is that the circuit court erred in awarding DHS long-term custody over her because she was a person in need of acute psychiatric treatment when the petition was filed and continues to be a person in need of chronic mental-health treatment…”
Stegall v. Ark. Dep't of Human Servs., 542 S.W.3d 187 (Ark. Ct. App. 2018). · cites it 2× “See Ark. Code Ann. § 9-20-108 (a)(1) ; Howard , 2017 Ark.”
Ark. Code Ann. § 9-20-108(d)(2): 1 case
In Re O.C., 2019 Ark. App. 581. “Appellant’s sole argument on appeal is that the circuit court erred in awarding DHS long-term custody over her because she was a person in need of acute psychiatric treatment when the petition was filed and continues to be a person in need of chronic mental-health treatment…”
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