FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. 66PR-2016-147] HONORABLE ANNIE POWELL HENDRICKS, JUDGE
Standridge, for appellant.
Goff, Office of Chief Counsel, for appellee.
F. VIRDEN, Judge.
Sebastian County Circuit Court entered an order for long-term
protective custody of appellant Jack Johnston, which he now
appeals. Johnston argues that (1) the Arkansas Department of
Human Services (the Department) failed to present evidence
that his family was notified as required by Arkansas Code
Annotated section 9-20-111, and (2) that the circuit court
erred in limiting counsel's cross-examination regarding
Johnston's assets and finances. We affirm.
Adult Maltreatment Custody Act
"maltreated adult" means an adult who has been
abused, exploited, neglected, physically abused, or sexually
abused. Ark. Code Ann. § 9-20-103(15).
"Neglect" includes self-neglect or an act or
omission by a caregiver responsible for the care and
supervision of an endangered or an impaired adult
constituting negligent failure to provide necessary
treatment, rehabilitation, care, food, clothing, shelter,
supervision, or medical services to an endangered or an
impaired adult, or to carry out a prescribed treatment plan.
See Ark. Code Ann. § 9-20-103(17)(A) &
Arkansas Department of Human Services or a law enforcement
official may take a maltreated adult into emergency custody
if the circumstances or condition of the maltreated adult are
such that returning to or continuing at the maltreated
adult's place of residence or in the care of a person
responsible for the maltreated adult's care presents
imminent danger to the maltreated adult's health or
safety, and the maltreated adult either lacks the capacity to
comprehend the nature and consequences of remaining in a
situation that presents imminent danger to his or her health
or safety, or has a mental impairment or a physical
impairment that prevents the maltreated adult from protecting
himself or herself from imminent danger to his or her health
or safety. Ark. Code Ann. § 9-20-114(a)(1), (2).
to Arkansas Code Annotated section 9-20-117(c), the trial
court may order long-term custody with the Department 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 situation that presents an imminent danger to
his or her health or safety;
(2) The adult is unable to provide for his or her own
protection from maltreatment; and
(3) The court finds clear and convincing evidence that the
adult to be placed is in need of placement as provided in