FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. 66PR-2016-169] 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 Betty Nicholson. On appeal,
Nicholson argues that (1) her family members were not
sufficiently notified of the hearing, and (2) the trial court
erred by limiting counsel's cross-examination regarding
her assets and finances. We affirm.
Adult Maltreatment Custody Act
maltreated adult is one 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, for example, 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) & (B)(i), (iii).
Arkansas Department of Human Services (DHS) 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 or custody 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 such a situation, or
has a mental or 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 Ark. Code Ann. § 9-20-117(c), the trial 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 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