Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1653 3
4
By: Representative Cavenaugh 5
6
7
For An Act To Be Entitled 8
AN ACT TO MOVE LICENSING AND REGULATION OF 9
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES FROM THE 10
CHILD WELFARE AGENCY REVIEW BOARD TO THE DEPARTMENT 11
OF HUMAN SERVICES; TO SET STANDARDS FOR THE LICENSING 12
AND REGULATION OF PSYCHIATRIC RESIDENTIAL TREATMENT 13
FACILITIES; AND FOR OTHER PURPOSES. 14
15
16
Subtitle 17
TO SET STANDARDS FOR THE LICENSING AND 18
REGULATION OF PSYCHIATRIC RESIDENTIAL 19
TREATMENT FACILITIES. 20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code § 20 -8-107, concerning the expansion of 24
facilities or services permitted by the Health Services Permit Agency, is 25
amended to add an additional subsection to read as follows: 26
(e)(1) The Health Services Permit Agency shall recognize an exception 27
to the moratorium regarding bed capacity and beds in a psychiatric 28
residential treatment facility. 29
(2) The Health Services Permit Agency shall add to the permitted 30
bed capacity for psychiatric residential treatment facilities: 31
(A) Beds that are not currently permitted by the Health 32
Services Permit Agency but are licensed by the Child Welfare Agency Review 33
Board for the purpose of operating as a psychiatric residential treatment 34
facility before the effective date of this subsection; and 35
(B) Beds that are fully constructed and could be used for 36 HB1653
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the purpose of operating a psychiatric residential treatment facility as of 1
January 1, 2025. 2
(3) The total amount of additional beds authorized under this 3
subsection shall not exceed one thousand (1,000) beds for the purpose of 4
operating as a psychiatric residential treatment facility. 5
(4) The Health Services Permit Agency shall require prior 6
approval for construction and renovation under § 20 -8-109 for any psychiatric 7
residential treatment facility project that exceeds one million dollars 8
($1,000,000). 9
10
SECTION 2. Arkansas Code § 20 -10-101(1), concerning the definition of 11
"administrative remedy" relating to long -term care facilities and services, 12
is amended to read as follows: 13
(1) “Administrative remedy” means temporary management, denial 14
of payment for all new admissions, transfer of residents, termination or 15
suspension of license, termination of provider agreement, directed plan of 16
correction, directed in -service training, and remedies established by 17
Arkansas law, including remedies provided in § 20 -10-1408 [repealed]; 18
19
SECTION 3. Arkansas Code § 20 -10-101(9)(A), concerning the definition 20
of "long-term care facility" relating to long -term care facilities and 21
services, is amended to read as follows: 22
(9)(A) “Long-term care facility” means a nursing home, 23
residential care facility, assisted living facility, psychiatric residential 24
treatment facility, post-acute head injury retraining and residential care 25
facility, or any other facility which provides long -term medical or personal 26
care. 27
28
SECTION 4. Arkansas Code § 20 -10-101, concerning definitions relating 29
to long-term care facilities and services, is amended to add an additional 30
subdivision to read as follows: 31
(16)(A) "Psychiatric residential treatment facility" means a 32
standalone, nonhospital facility with a provider agreement with the Arkansas 33
Medicaid Program to provide inpatient services benefits to individuals who 34
are under twenty-one (21) years of age and that: 35
(i) Is accredited by The Joint Commission or any 36 HB1653
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other accrediting organization with comparable standards recognized by this 1
state; 2
(ii) Attests to meeting the conditions of 3
participation found at 42 C.F.R. Part 483, Subpart G, as existing on January 4
1, 2025; and 5
(iii) Attests that all of the residents in the 6
facility meet the certification of need for services requirements as 7
identified under 42 C.F.R. Part 441, Subpart D, as existing on January 1, 8
2025. 9
(B) A survey and certification review of a psychiatric 10
residential treatment facility by the department shall apply to all residents 11
being served by the certified entity regardless of residency or payment 12
source. 13
14
SECTION 5. Arkansas Code § 20 -10-110(a)(2), concerning the definition 15
of "long-term care facility" relating to the protection of residents' 16
personal funds, is amended to read as follows: 17
(2) “Long-term care facility” means a nursing home, residential 18
care facility, post-acute head injury retraining and residential care 19
facility, assisted living facility, psychiatric residential treatment 20
facility, or any other facility that provides long -term medical or personal 21
care; 22
23
SECTION 6. Arkansas Code Title 20, Chapter 46, Subchapter 4 is amended 24
to read as follows: 25
Subchapter 4 — Psychiatric Residential Treatment Facilities 26
27
20-46-401 - 20-46-404. [Repealed.] 28
29
20-46-401. Definitions. 30
As used in this subchapter: 31
(1) “Adverse action” means the Department of Human Services 32
taking any of the following actions against a licensee or applicant for a 33
psychiatric residential treatment facility license: 34
(A) Revocation of a license; 35
(B) Suspension of a license; 36 HB1653
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(C) Conversion of a license from regular or provisional 1
status to probationary status; 2
(D) Imposition of a civil penalty; 3
(E) Denial of an application; or 4
(F) Reduction of a licensed capacity; 5
(2) “Alternative compliance” means approval from the Office of 6
Long-Term Care to allow a licensee to deviate from the letter of a rule, 7
provided that the licensee has demonstrated how an alternate plan of 8
compliance will meet or exceed the intent of the rule; 9
(3) “Child” means a person who is: 10
(A) Under eighteen (18) years of age; or 11
(B) Adjudicated dependent -neglected, dependent, or a 12
member of a family in need of services before eighteen (18) years of age and 13
for whom the juvenile division of a circuit court retains jurisdiction under 14
the Arkansas Juvenile Code of 1989, § 9 -27-301 et seq.; 15
(4)(A) “Class A violation” means a violation of an essential 16
standard, including any of those governing fire, health, safety, nutrition, 17
staff-to-child ratio, and space. 18
(B) Operation of a psychiatric residential treatment 19
facility shall also be a Class A violation unless specifically exempted as 20
provided in this subchapter; 21
(5) “Class B violation” means any other violation of a standard 22
that is not a Class A violation; 23
(6) "Essential standards" means standards related to issues 24
involving fire, health, safety, nutrition, discipline, staff -to-child ratio, 25
and space; 26
(7) "Healthcare provider" means a healthcare professional 27
licensed in this state, including without limitation a doctor, nurse, 28
emergency medical technician, counselor, mental health professional, or 29
dentist; 30
(8) “Minimum standards” means rules as established by the Office 31
of Long-Term Care that set forth the minimum acceptable level of practice for 32
a psychiatric residential treatment facility; 33
(9) “Psychiatric residential treatment facility” means the same 34
as defined at § 20-10-101; and 35
(10) “Substantial compliance” means compliance with all 36 HB1653
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essential standards necessary to protect the health, safety, and welfare of 1
the children in the care of a psychiatric residential treatment facility. 2
3
20-46-402. Licensure — Unlawful acts. 4
(a)(1) It is unlawful for any person, partnership, group, corporation, 5
association, or other entity or identifiable group of entities having a 6
coordinated ownership with controlling interest to operate or assist in the 7
operation of a psychiatric residential treatment facility that has not been 8
licensed by the Office of Long -Term Care under this subchapter. 9
(2) Before obtaining a license under this subchapter, a 10
psychiatric residential treatment facility shall obtain a permit from the 11
Health Services Permit Agency or Health Services Permit Commission to operate 12
in Arkansas. 13
(3) The bed capacity allowed by the permit issued by the Health 14
Services Permit Agency or Health Services Permit Commission includes both in -15
state and out-of-state clients. 16
(4) Expansion of bed capacity by an existing licensee shall 17
require a license from the office and a permit from the Health Services 18
Permit Agency. 19
(5)(A) A license issued by the office under this subchapter is 20
effective unless revoked, suspended, or terminated by the office. 21
(B) In addition to any other basis provided by law or 22
rule, the Department of Human Services shall terminate the license of a 23
psychiatric residential treatment facility licensee that has not been in 24
operation for a consecutive twelve -month period. 25
(C) The department may revoke, suspend, or terminate a 26
license upon any basis provided by law or rule, including without limitation 27
the failure to be in operation or in substantial compliance for a consecutive 28
six-month period. 29
(b) It is unlawful for any person to falsify an application for 30
licensure, to knowingly circumvent the authority of this subchapter, to 31
knowingly violate the orders issued by the department, or to advertise for 32
inpatient psychiatric residential treatment when not licensed under this 33
subchapter to provide those services. 34
(c) Any violation of this section shall constitute a Class D felony. 35
36 HB1653
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20-46-403. Licensure — Process. 1
(a) Any person, partnership, group, corporation, organization, 2
association, or other entity or identifiable group of entities having a 3
coordinated ownership with controlling interest, desiring to operate a 4
psychiatric residential treatment facility shall submit: 5
(1) An application and a reasonable application fee, as 6
determined by the Department of Human Services, to the department; and 7
(2) A separate application for license for each separate 8
physical location. 9
(b)(1) The department shall review, inspect, and investigate each 10
applicant seeking to operate a psychiatric residential treatment facility and 11
shall determine whether to issue a license and what the terms and conditions 12
of the license should be. 13
(2) The department shall complete its determination under 14
subdivision (b)(1) of this section within ninety (90) days after receiving a 15
complete application from the applicant. 16
(3) A complete application shall consist of: 17
(A) A completed application form; 18
(B) A copy of the articles of incorporation, bylaws, and 19
current board roster, if applicable, including names and addresses of the 20
officers; 21
(C) A complete personnel list with verifications of 22
qualifications and experience; 23
(D) Substantiation of the financial soundness of the 24
psychiatric residential treatment facility’s operation; and 25
(E) A written description of the psychiatric residential 26
treatment facility's program of care, including intake policies, types of 27
services offered, and a written plan for providing healthcare services to 28
children in care. 29
(c)(1) The department shall issue a regular license that shall be 30
effective if the department finds that: 31
(A) The applicant for a psychiatric residential treatment 32
facility license meets all licensing requirements; or 33
(B) The applicant meets all essential standards, has a 34
favorable compliance history, and has the ability and willingness to comply 35
with all essential standards within a reasonable time. 36 HB1653
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(2)(A) The department may issue a provisional license that shall 1
be effective for up to one (1) year if the department finds that the 2
applicant meets all essential standards but the applicant requires more 3
frequent monitoring because the applicant's ability or willingness to meet 4
all essential standards within a reasonable time has not been favorably 5
determined. 6
(B) The department shall not issue a regular or 7
provisional license to any facility that does not meet all essential 8
standards. 9
(d)(1) A license to operate a psychiatric residential treatment 10
facility shall apply only to the owner stated on the application. 11
(2) The license shall be transferable, along with all capacity 12
and rights of licensure, from: 13
(A) One (1) location to another if the initial location is 14
no longer operated as a psychiatric residential treatment facility; and 15
(B) One (1) owner to another, if permitted under 16
subdivision (d)(3) of this section. 17
(3) Whenever ownership of a controlling interest in the 18
operation of a psychiatric residential treatment facility is sold, the 19
following procedures shall be followed: 20
(A) The seller shall notify the department of the sale at 21
least thirty (30) days before the completed sale; 22
(B) The seller shall remain responsible for the operation 23
of the facility until the facility is closed or an amended license is issued 24
to the buyer; 25
(C) The seller shall remain liable for all penalties 26
assessed against the facility that are imposed for violations occurring 27
before the transfer of a license to the buyer; 28
(D) The buyer shall provide all documentation required of 29
a new applicant to the department; 30
(E) The buyer shall be subject to any corrective action 31
notices or outstanding administrative remedies to which the seller was 32
subject; and 33
(F) Section 20-46-402(a) shall apply in its entirety to 34
the new owner of the psychiatric residential treatment facility. 35
36 HB1653
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20-46-404. Licensure posting and display. 1
If the Department of Human Services issues a license to operate a 2
psychiatric residential treatment facility, the license shall be posted and 3
displayed in a conspicuous place in the facility and must state at a minimum: 4
(1) The full legal name of the person, partnership, group, 5
corporation, organization, association, or other entity or identifiable group 6
of entities having a coordinated ownership with controlling interest holding 7
the license, including the business name, if different; 8
(2) The address of the psychiatric residential treatment 9
facility; 10
(3) The effective date and expiration date of the license, if 11
applicable; 12
(4) The type of psychiatric residential treatment facility the 13
licensee is authorized to operate; 14
(5) The ages and maximum number of children that may receive 15
services from the psychiatric residential treatment facility; 16
(6) The status of the license, whether regular, provisional, or 17
probationary; and 18
(7) Any special conditions or limitations of the license. 19
20
20-46-405. Confidentiality and disclosure. 21
(a) Reports, correspondence, memoranda, case histories, or other 22
materials, including protected health information, compiled or received by a 23
licensee or a state agency, shall be confidential and shall not be released 24
or otherwise made available except to the extent permitted by federal law and 25
only: 26
(1) To the Department of Human Services as required by rule; 27
(2) To the parent, guardian, or custodian of a child who is the 28
subject of the materials; 29
(3) To a child who is the subject of the materials; 30
(4) To healthcare providers to assist in the care and treatment 31
of a child at the discretion of a licensee or state agency and if deemed to 32
be in the best interest of the child; 33
(5) To school personnel and daycare centers caring for a child 34
at the discretion of the licensee or state agency and if deemed to be in the 35
best interest of the child; 36 HB1653
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(6) For any audit or similar activity conducted in connection 1
with the administration of any such plan or program by any governmental 2
agency that is authorized by law to conduct the audit or activity; 3
(7) Upon presentation of an order of appointment, to a court -4
appointed special advocate; 5
(8) To an attorney ad litem for a child; 6
(9) For law enforcement or a prosecuting attorney upon request; 7
(10) To circuit courts, as provided for in the Arkansas Juvenile 8
Code of 1989, § 9-27-301 et seq.; 9
(11) In a criminal or civil proceeding conducted in connection 10
with the administration of any such plan or program; 11
(12) For purposes directly connected with the administration of 12
any of the state plans as outlined at 42 U.S.C. § 671, as existing on January 13
1, 2025; 14
(13) For the administration of any other federal or federally 15
assisted program that provides assistance, in cash or in kind, or services, 16
directly to individuals on the basis of need; 17
(14)(A) To individual federal and state representatives and 18
senators in their official capacity and their staff members with no 19
redisclosure of information. 20
(B) Disclosure shall not be made to any committee or 21
legislative body of any information that identifies by name or address any 22
recipient of services; 23
(15) To a grand jury or court upon a finding that information in 24
the record is necessary for the determination of an issue before the court or 25
grand jury; 26
(16) To a person, provider, or government entity identified by 27
the licensee or the state agency as having services needed by a child or his 28
or her family; 29
(17) To volunteers authorized by the licensee or the state 30
agency to provide support or services to a child or his or her family at the 31
discretion of the licensee or the state agency and only to the extent 32
information is needed to provide the support or services; 33
(18)(A) To a person, agency, or organization engaged in a bona 34
fide research or evaluation project that is determined by the Division of 35
Children and Family Services to have value for the evaluation or development 36 HB1653
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of policies and programs within the division. 1
(B) Any confidential information provided by the 2
department for a research or evaluation project under this subdivision 3
(a)(18)(A) of this section shall not be redisclosed or published; 4
(19) To a child fatality review panel as authorized by the 5
department; or 6
(20) To the Child Welfare Ombudsman. 7
(b)(1) Any person or agency to whom disclosure is made shall not 8
disclose to any other person reports or other information obtained under this 9
section. 10
(2) Any person disclosing information in violation of this 11
subsection shall be guilty of a Class C misdemeanor. 12
(3) This subchapter does not prevent subsequent disclosure by a 13
child or his or her parent or guardian. 14
(4) Any data, records, reports, or documents released under this 15
section to a law enforcement agency, the prosecuting attorney, or a court by 16
the department are confidential and shall be sealed and not redisclosed 17
without a protective order to ensure that items of evidence for which there 18
is a reasonable expectation of privacy are not distributed to persons or 19
institutions without a legitimate interest in the evidence. 20
21
20-46-406. Criminal record and child maltreatment checks. 22
(a) The following individuals in connection with a psychiatric 23
residential treatment facility shall be checked for a state and federal 24
criminal record and against the Child Maltreatment Central Registry: 25
(1) An employee of the psychiatric residential treatment 26
facility having direct and unsupervised contact with children; 27
(2) A volunteer of the psychiatric residential treatment 28
facility having direct and unsupervised contact with children; 29
(3) An owner of the psychiatric residential treatment facility 30
having direct and unsupervised contact with children; 31
(4) A member of the psychiatric residential treatment facility's 32
board of directors having direct and unsupervised contact with children; and 33
(5) An adult working in a psychiatric residential treatment 34
facility. 35
(b) A psychiatric residential treatment facility shall check the 36 HB1653
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individuals in connection with a psychiatric residential treatment facility 1
with: 2
(1)(A) The equivalent registry in his or her state of residence 3
and any state of residence in which the person has lived for the past five 4
(5) years and in the person's state of employment, if different, for reports 5
of child maltreatment in compliance with policy and procedures promulgated by 6
the Department of Human Services. 7
(B) All persons required to be checked with the registry 8
under subsection (b)(1)(A) of this section shall repeat the check a minimum 9
of every two (2) years. 10
(C) The department may deny a license to any applicant 11
found to have any record of founded child maltreatment in the official record 12
of the registry or to an applicant who continues to employ a person with any 13
record of founded child maltreatment in the official record of the registry. 14
(D) Any person required to be checked under this section 15
who is found to have any record of child maltreatment in the official record 16
of the registry shall be reviewed by the owner or operator of the psychiatric 17
residential treatment facility in consultation with the department to 18
determine appropriate corrective measures that would include without 19
limitation training, probationary employment, or nonselection for employment; 20
(2)(A) The Identification Bureau of the Division of Arkansas 21
State Police to determine if the person has pleaded guilty or nolo contendere 22
to or has been found guilty of any offense listed in this subchapter in 23
compliance with policy and procedures promulgated by the department. 24
(B) All persons required to be checked with the 25
Identification Bureau of the Division of Arkansas State Police under this 26
subsection shall repeat the check at a minimum of every five (5) years; and 27
(3)(A) The Federal Bureau of Investigation by a fingerprint -28
based criminal background check performed in compliance with federal law to 29
determine if the person has pleaded guilty or nolo contendere to or been 30
found guilty of any offense listed in this subchapter. 31
(B) In the event a legible set of fingerprints as 32
determined by the Identification Bureau of the Division of Arkansas State 33
Police and the Federal Bureau of Investigation cannot be obtained after a 34
minimum of two (2) attempts by qualified law enforcement personnel, the 35
department shall determine eligibility based upon a name check by the 36 HB1653
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Identification Bureau of the Division of Arkansas State Police and the 1
Federal Bureau of Investigation. 2
(c) The owner or operator of a psychiatric residential treatment 3
facility shall: 4
(1)(A) Maintain on file, subject to inspection by the 5
department, evidence that all persons required to be checked under this 6
section have been approved or disqualified in accordance with the rules of 7
the appropriate licensing or certifying agency. 8
(B) Failure to maintain that evidence on file will be 9
prima facie grounds to revoke the license of the owner or operator of the 10
facility; and 11
(2) Submit the criminal records check form to the Office of 12
Long-Term Care for the employee or volunteer, who shall not begin employment 13
or volunteerism until the registry check and criminal records checks required 14
under this subchapter are completed. 15
(d)(1) Each person required to have a criminal records check under 16
this subchapter shall complete a criminal records check form developed by the 17
department and shall sign the form that contains: 18
(A) Certification that the subject of the check consents 19
to the completion of the check; 20
(B)(i) Certification that the subject of the check has not 21
pleaded guilty or nolo contendere to or been found guilty of a crime. 22
(ii) If the subject of the check has been convicted 23
of a crime, a certification containing a description of the crime and the 24
particulars of the conviction shall be included in lieu of the certification 25
under subdivision (d)(1)(B)(i) of this section; 26
(C) Notification that the subject of the check may 27
challenge the accuracy and completeness of any information in any report and 28
obtain a prompt determination as to the validity of the challenge before a 29
final determination is made by the department with respect to his or her 30
employment status or licensing status; 31
(D) Notification that the subject of the check may be 32
denied a license or exemption to operate a psychiatric residential treatment 33
facility or may be denied unsupervised access to children in the care of a 34
psychiatric residential treatment facility due to information obtained by the 35
check that indicates that the subject of the check has pleaded guilty or nolo 36 HB1653
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contendere to or been found guilty of or is under pending indictment for a 1
crime listed in this subchapter; and 2
(E) Notification that any background check and the results 3
thereof shall be handled in accordance with the requirements of Pub. L. No. 4
92-544. 5
(2) Under § 25-32-107(d), the subject of the background check 6
may submit an electronic signature to complete the records check. 7
(e) This section does not prevent the department from denying a 8
license or exemption to an owner or preventing an operator or employee in a 9
psychiatric residential treatment facility from having unsupervised access to 10
children by reason of the pending appeal of a criminal conviction or child 11
maltreatment determination. 12
(f)(1) An owner or operator of a psychiatric residential treatment 13
facility is not liable during a conditional period of service for hiring any 14
person required to have a background check under this subchapter who may be 15
subject to a charge of false swearing upon completion of the registry and 16
criminal records check. 17
(2)(A) A false swearing shall occur when a person while under 18
oath provides false information or omits information that the person knew or 19
reasonably should have known was material. 20
(B) Lack of knowledge that information is material is not 21
a defense to a charge of false swearing. 22
(3) For purposes of this subchapter, false swearing is a Class A 23
misdemeanor. 24
25
20-46-407. Criminal background checks — Offenses. 26
(a) A report of a pleading of guilty or nolo contendere or a finding 27
of guilt to any charge listed in this section shall be: 28
(1) Returned to the Department of Human Services for review; and 29
(2) Considered regardless of whether or not the record is 30
expunged, pardoned, or otherwise sealed. 31
(b) A person who is required to have a criminal records check under § 32
20-46-406(b)(2) and (3) shall be permanently prohibited from having direct 33
and unsupervised contact with a child in the care of a psychiatric 34
residential treatment facility if that person has pleaded guilty or nolo 35
contendere to or been found guilty of any of the following offenses by any 36 HB1653
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court in the State of Arkansas, of a similar offense in a court of another 1
state, or of a similar offense by a federal court, unless the conviction is 2
vacated or reversed: 3
(1) Abuse of an endangered or impaired person, if felony, § 5 -4
28-103; 5
(2) Arson, § 5-38-301; 6
(3) Capital murder, § 5 -10-101; 7
(4) Endangering the welfare of an incompetent person in the 8
first degree, § 5-27-201; 9
(5) Kidnapping, § 5-11-102; 10
(6) Murder in the first degree, § 5 -10-102; 11
(7) Murder in the second degree, § 5 -10-103; 12
(8) Rape, § 5-14-103; 13
(9) Sexual assault in the first degree, § 5 -14-124; 14
(10) Sexual assault in the second degree, § 5 -14-125; 15
(11) Aggravated assault upon a law enforcement officer or an 16
employee of a correctional facility, § 5 -13-211(a)(2), if a Class Y felony; 17
and 18
(12) Trafficking of persons, § 5 -18-103. 19
(c) Except as provided under § 20 -46-408, a person who is required to 20
have a criminal records check under § 20 -46-406(b)(2) and (3) is not eligible 21
to have direct and unsupervised contact with a child in the care of a 22
psychiatric residential treatment facility if that person has pleaded guilty 23
or nolo contendere to or been found guilty of any of the following offenses 24
by a court in the State of Arkansas, of a similar offense in a court of 25
another state, or of a similar offense by a federal court, unless the 26
conviction is vacated or reversed: 27
(1) Criminal attempt, § 5 -3-201, to commit any offenses in 28
subsection (b) or (c) of this section; 29
(2) Criminal complicity, § 5 -3-202, to commit any offenses in 30
subsection (b) or (c) of this section; 31
(3) Criminal solicitation, § 5 -3-301, to commit any offenses in 32
subsection (b) or (c) of this section; 33
(4) Criminal conspiracy, § 5 -3-401, to commit any offenses in 34
subsection (b) or (c) of this section; 35
(5) Assault in the first, second, or third degree, §§ 5 -13-205 — 36 HB1653
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5-13-207; 1
(6) Aggravated assault, § 5 -13-204; 2
(7) Aggravated assault on a family or household member, § 5 -26-3
306; 4
(8) Battery in the first, second, or third degree, §§ 5 -13-201 — 5
5-13-203; 6
(9) Breaking or entering, § 5 -39-202; 7
(10) Burglary, § 5-39-201; 8
(11) Coercion, § 5-13-208; 9
(12) Computer crimes against minors, § 5 -27-601 et seq.; 10
(13) Contributing to the delinquency of a juvenile, § 5 -27-220; 11
(14) Contributing to the delinquency of a minor, § 5 -27-209; 12
(15) Criminal impersonation, § 5 -37-208; 13
(16) Criminal use of prohibited weapons, § 5 -73-104; 14
(17) Communicating a death threat concerning a school employee 15
or student, § 5-17-101; 16
(18) Domestic battering in the first, second, or third degree, 17
§§ 5-26-303 — 5-26-305; 18
(19) Employing or consenting to the use of a child in a sexual 19
performance, § 5-27-402; 20
(20) Endangering the welfare of a minor in the first or second 21
degree, §§ 5-27-205 and 5-27-206; 22
(21) Endangering the welfare of an incompetent person in the 23
second degree, § 5-27-202; 24
(22) Engaging children in sexually explicit conduct for use in 25
visual or print medium, § 5 -27-303; 26
(23) False imprisonment in the first or second degree, §§ 5 -11-27
103 and 5-11-104; 28
(24) Felony abuse of an endangered or impaired person, § 5 -28-29
103; 30
(25) Felony interference with a law enforcement officer, § 5 -54-31
104; 32
(26) Felony violation of the Uniform Controlled Substances Act, 33
§ 5-64-101 et seq., § 5-64-201 et seq., § 5-64-301 et seq., § 5-64-401 et 34
seq., and § 5-64-501 et seq.; 35
(27) Financial identity fraud, § 5 -37-227; 36 HB1653
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(28) Forgery, § 5-37-201; 1
(29) Incest, § 5-26-202; 2
(30) Interference with court -ordered custody, § 5 -26-502; 3
(31) Interference with visitation, § 5 -26-501; 4
(32) Introduction of controlled substance into body of another 5
person, § 5-13-210; 6
(33) Manslaughter, § 5 -10-104; 7
(34) Negligent homicide, § 5 -10-105; 8
(35) Obscene performance at a live public show, § 5 -68-305; 9
(36) Offense of cruelty to animals, § 5 -62-103; 10
(37) Offense of aggravated cruelty to a dog, cat, or equine, § 11
5-62-104; 12
(38) Pandering or possessing visual or print medium depicting 13
sexually explicit conduct involving a child, § 5 -27-304; 14
(39) Permanent detention or restraint, § 5 -11-106; 15
(40) Permitting abuse of a minor, § 5 -27-221; 16
(41) Producing, directing, or promoting a sexual performance by 17
a child, § 5-27-403; 18
(42) Promoting obscene materials, § 5 -68-303; 19
(43) Promoting obscene performance, § 5 -68-304; 20
(44) Promoting prostitution in the first, second, or third 21
degree, §§ 5-70-104 — 5-70-106; 22
(45) Prostitution, § 5 -70-102; 23
(46) Public display of obscenity, § 5 -68-205; 24
(47) Resisting arrest, § 5 -54-103; 25
(48) Robbery, § 5-12-102; 26
(49) Aggravated robbery, § 5 -12-103; 27
(50) Sexual extortion, § 5 -14-113; 28
(51) Sexual solicitation, § 5 -70-103; 29
(52) Sexual offenses, § 5 -14-101 et seq., except for a 30
misdemeanor violation of sexual indecency with a child, § 5 -14-110; 31
(53) Simultaneous possession of drugs and firearms, § 5 -74-106; 32
(54) Soliciting money or property from incompetent persons, § 5 -33
27-229; 34
(55) Stalking, § 5-71-229; 35
(56) Terroristic act, § 5 -13-310; 36 HB1653
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(57) Terroristic threatening, § 5 -13-301; 1
(58) Theft by receiving, § 5 -36-106; 2
(59) Theft of property, § 5 -36-103; 3
(60) Theft of public benefits, § 5 -36-202; 4
(61) Theft of services, § 5 -36-104; 5
(62) Transportation of minors for prohibited sexual conduct, § 6
5-27-305; 7
(63) Unlawful discharge of a firearm from a vehicle, § 5 -74-107; 8
and 9
(64) Voyeurism, § 5 -16-102. 10
(d) A former or future law of this state or any other state or of the 11
federal government that is substantially equivalent to an offense listed in 12
subsection (c) of this section shall be considered as prohibiting employment 13
or volunteering under subsections (b) and (c) of this section. 14
15
20-46-408. Criminal background checks — Disqualification. 16
(a) A person who is required to have a criminal records check and 17
national fingerprint background check under § 20 -46-406(b)(2) and (3) who has 18
pleaded guilty or nolo contendere to or been found guilty of any of the 19
offenses listed in § 20 -46-407 shall be disqualified from being an owner, 20
operator, volunteer, member of a board of directors, or employee in a 21
psychiatric residential treatment facility during the period of the person's 22
confinement, probation, parole, or post -release supervision unless the 23
conviction is vacated or reversed. 24
(b) Except as provided under subsection (c) of this section, a person 25
who has pleaded guilty or nolo contendere to or been found guilty of any 26
offense listed in § 20 -46-407 shall not work in a psychiatric residential 27
treatment facility unless: 28
(1) The date of a plea of guilty or nolo contendere or the 29
finding of guilt for a misdemeanor offense is at least five (5) years from 30
the date of the records check; and 31
(2) There has been no criminal conviction or plea of guilty or 32
nolo contendere of any type or nature during the five -year period preceding 33
the background check request. 34
(c)(1) A person who is required to have a criminal records check and 35
national fingerprint background check under § 20 -46-406(b)(2) and (3) who has 36 HB1653
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pleaded guilty or nolo contendere to or been found guilty of any of the 1
offenses listed in § 20 -46-407 shall be presumed to be disqualified to be an 2
owner, operator, volunteer, member of a psychiatric residential treatment 3
facility’s board of directors, or employee in a psychiatric residential 4
treatment facility after the completion of his or her term of confinement, 5
probation, parole, or post -release supervision unless the conviction is 6
vacated or reversed. 7
(2) An owner, operator, volunteer, member of any psychiatric 8
residential treatment facility's board of directors, or an employee in a 9
psychiatric residential treatment facility may petition the Department of 10
Human Services for a waiver which can be rebutted in the following manner: 11
(A) The applicant shall petition the department to make a 12
determination that the applicant does not pose a risk of harm to any person; 13
(B) The applicant shall bear the burden of making a 14
showing as described in subdivision (c)(2)(A) of this section; and 15
(C)(i) The department may permit an applicant to be an 16
owner, operator, volunteer, member of a psychiatric residential treatment 17
facility's board of directors, or an employee in a psychiatric residential 18
treatment facility notwithstanding having pleaded guilty or nolo contendere 19
to or been found guilty of an offense listed in § 20 -46-407 upon making a 20
determination that the applicant does not pose a risk of harm to any person 21
served by the psychiatric residential treatment facility. 22
(ii) In making a determination, the department shall 23
consider: 24
(a) The nature and severity of the crime; 25
(b) The consequences of the crime; 26
(c) The number and frequency of the crimes; 27
(d) The relation between the crime and the 28
health, safety, and welfare of any person, such as the: 29
(1) Age and vulnerability of the victim; 30
(2) Harm suffered by the victim; and 31
(3) Similarity between the victim and 32
the persons served by the psychiatric residential treatment facility; 33
(e) The time elapsed without a repeat of the 34
same or similar crime; 35
(f) Documentation of successful completion of 36 HB1653
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training or rehabilitation related to the crime; and 1
(g) Any other information that relates to the 2
applicant's ability to care for children or is deemed relevant. 3
(iii) The department's decision to disqualify a 4
person from being an owner, operator, volunteer, member of a psychiatric 5
residential treatment facility’s board of directors, or an employee in a 6
psychiatric residential treatment facility under this section shall 7
constitute the final administrative agency action and is not subject to 8
review. 9
(d) Information obtained from the criminal records check and the 10
national fingerprint criminal background checks is confidential and shall not 11
be disclosed by the department except to the applicant and his or her 12
attorney during a meeting with the department only if no redisclosure by the 13
applicant or his or her attorney occurs and all copies shared with the 14
applicant and his or her attorney are returned to the department. 15
16
SECTION 7. Arkansas Code § 9 -28-402(8), concerning the definition of 17
"child welfare agency" within the Child Welfare Agency Licensing Act, is 18
amended to read as follows: 19
(8) “Child welfare agency” means any person, corporation, 20
partnership, voluntary association, or other entity or identifiable group of 21
entities having a coordinated ownership of controlling interest, whether 22
established for profit or otherwise, that is not excluded under this 23
subchapter and engages in any of the following activities: 24
(A) Receives a total number of six (6) or more unrelated 25
minors for care on a twenty -four-hour basis for the purpose of ensuring the 26
minors receive care, training, education, custody, or supervision, whether or 27
not there are six (6) or more children cared for at any single physical 28
location; 29
(B) Places any unrelated minor for care on a twenty -four-30
hour basis with persons other than themselves; 31
(C) Plans for or assists in the placements described in 32
subdivision (8)(B) of this section; or 33
(D) Receives, places, plans, or assists in the placement 34
of a child victim of human trafficking in a home or any type of shelter or 35
facility; 36 HB1653
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1
SECTION 8. Arkansas Code § 9 -28-402(12), concerning the definition of 2
"exempt child welfare agency" within the Child Welfare Agency Licensing Act, 3
is amended to read as follows: 4
(12) “Exempt child welfare agency” means any person, 5
corporation, partnership, voluntary association or other entity, whether 6
established for profit or otherwise, that otherwise fits the definition of a 7
child welfare agency but that is specifically exempt from the requirement of 8
obtaining a license under this subchapter. Those agencies specifically exempt 9
from the license requirement are: 10
(A) A facility or program owned or operated by an agency 11
of the United States Government; 12
(B)(i) Any agency of the State of Arkansas that is 13
statutorily authorized to administer or supervise child welfare activities. 14
(ii) In order to maintain exempt status, the state 15
child welfare agency shall state every two (2) years in written form signed 16
by the persons in charge that their agency is in substantial compliance with 17
published state agency child welfare standards. 18
(iii) Visits to review and advise exempt state 19
agencies shall be made as deemed necessary by the Child Welfare Agency Review 20
Board to verify and maintain substantial compliance with the standards; 21
(C) A facility or program owned or operated by or under 22
contract with the Division of Correction; 23
(D) A hospital providing acute care licensed pursuant to § 24
20-9-201 et seq.; 25
(E)(D) Any facility governed by the Department of Human 26
Services State Institutional System Board or its successor; 27
(F) Human development centers regulated by the Board of 28
Developmental Disabilities Services pursuant to the Location Act for 29
Community Homes for Individuals with Intellectual and Developmental 30
Disabilities, § 20-48-601 et seq.; 31
(G) Any facility licensed as a family home pursuant to the 32
Location Act for Community Homes for Individuals with Intellectual and 33
Developmental Disabilities, § 20 -48-601 et seq.; 34
(H)(E) Any boarding school as defined in this section; 35
(I)(F) Any temporary camp as defined in this section; 36 HB1653
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(J)(G) Any state-operated facility to house juvenile 1
delinquents or any serious offender program facility operated by a state 2
designee to house juvenile delinquents. Those facilities shall be subject to 3
program requirements modeled on nationally recognized correctional facility 4
standards that shall be developed, administered, and monitored by the 5
Division of Youth Services; and 6
(K)(H) Any child welfare agency operated solely by a 7
religious organization that elects to be exempt from licensing and that 8
complies within the conditions of the exemption for church -operated agencies 9
as set forth in this subchapter; 10
(L) The Division of Developmental Disabilities Services; 11
and 12
(M) Any intellectual or other developmental disabilities 13
services waiver provider licensed under § 20 -48-208 or the Location Act for 14
Community Homes for Individuals with Intellectual and Developmental 15
Disabilities, § 20-48-601 et seq.; 16
17
SECTION 9. Arkansas Code § 9 -28-402(18) is repealed. 18
(18) “Psychiatric residential treatment facility” means a 19
residential childcare facility in a nonhospital setting that provides a 20
structured, systematic, therapeutic program of treatment under the 21
supervision of a psychiatrist, for children who are emotionally disturbed and 22
in need of daily nursing services, psychiatrist's supervision, and 23
residential care but who are not in an acute phase of illness requiring the 24
services of an inpatient psychiatric hospital; 25
26
SECTION 10. Arkansas Code § 9 -28-402(22), concerning the definition of 27
"residential childcare facility" within the Child Welfare Agency Licensing 28
Act, is amended to read as follows: 29
(22)(A) “Residential childcare facility” means any child welfare 30
agency that is not an excluded child welfare agency under this subchapter and 31
provides care, training, education, custody, or supervision on a twenty -four-32
hour basis for six (6) or more unrelated children, excluding foster homes 33
that have six (6) or more children who are all related to each other but who 34
are not related to the foster parents . 35
(B) A "residential childcare facility" does not include a 36 HB1653
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facility that provides inpatient psychiatric treatment, which shall not be 1
licensed as a residential childcare facility ; 2
3
SECTION 11. Arkansas Code § 9 -28-402, concerning the definitions 4
within the Child Welfare Agency Licensing Act, is amended to add an 5
additional subdivision to read as follows: 6
(32) "Excluded child welfare agency" means any person, 7
corporation, partnership, voluntary association, or other entity, whether 8
established for-profit or otherwise, that meets the definition of a child 9
welfare agency or an exempt child welfare agency but is licensed or certified 10
by the Department of Human Services or the Department of Health and is 11
enrolled in the Arkansas Medicaid Program. 12
13
SECTION 12. Arkansas Code § 9 -28-403(a), concerning the creation and 14
authority of the Child Welfare Agency Review Board, is amended to read as 15
follows: 16
(a)(1) There is created the Child Welfare Agency Review Board to serve 17
as the administrative body to carry out the provisions of this subchapter. 18
(2) The board shall have the authority to promulgate rules to 19
enforce the provisions of this subchapter. 20
(3) An excluded child welfare agency is not subject to the 21
provisions of this subchapter. 22
23
SECTION 13. Arkansas Code § 9 -28-404(a)(5), concerning the membership 24
of the Child Welfare Agency Review Board, is repealed. 25
(5) One (1) representative from a licensed psychiatric 26
residential treatment facility; 27
28
SECTION 14. Arkansas Code § 9 -28-407(a)(2) and (3), concerning 29
licenses required and issued by the Child Welfare Agency Review Board, are 30
amended to read as follows: 31
(2) This license shall be required in addition to any other 32
license required by law for all entities that fit the definition of a child 33
welfare agency and are not specifically exempted , except that no 34
nonpsychiatric residential treatment facility or agency licensed or exempted 35
under this subchapter shall be deemed to fall within the meaning of § 20 -10-36 HB1653
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101 et seq. for any purpose . 1
(3) Any child welfare agency capacity licensed by the board as 2
of March 1, 2003, whether held by the original licensee or by a successor in 3
interest to the original licensee, is exempted from shall: 4
(A) Obtaining any Obtain a license or permit from the 5
Office of Long-Term Care if the facility type is required to obtain a license 6
or permit from the Office of Long -Term Care; and 7
(B)(i) Obtaining any Obtain a permit from the Health 8
Services Permit Agency or the Health Services Permit Commission to operate at 9
the capacity licensed by the board as of March 1, 2003, except as required 10
under subdivision (a)(3)(B)(ii) of this section if the facility type is 11
required to obtain a permit from the Health Services Permit Agency . 12
(ii)(a) If a licensee is operating at less than or 13
at the capacity licensed by the board as of March 1, 2021, the licensee shall 14
obtain a permit from the Health Services Permit Agency or the Health Services 15
Permit Commission for any increase in capacity. 16
(b) For the purposes of subdivision 17
(a)(3)(B)(ii)(a) of this section, both in -state and out-of-state clients 18
shall be counted in capacity for the purpose of obtaining a license from the 19
board and a permit from the Health Services Permit Agency or the Health 20
Services Permit Commission. 21
(ii)(a) Any facility that is required to obtain a 22
permit from the Health Services Permit Agency shall obtain a permit for any 23
increase in capacity. 24
(b) If a child welfare agency is operating at 25
less than or at the capacity licensed by the board as of March 1, 2021, the 26
licensee shall obtain a permit from the Health Services Permit Agency or the 27
Health Services Permit Commission for any increase in capacity. 28
(c) For the purposes of (a)(3)(B)(ii)(a) of 29
this section, both in -state and out-of-state clients shall be counted in 30
capacity for the purpose of obtaining a license from the board and a permit 31
from the Health Services Permit Agency or Health Services Permit Commission. 32
33
SECTION 15. Arkansas Code § 9 -28-416 is repealed. 34
9-28-416. Admission of children to psychiatric residential treatment 35
facilities. 36 HB1653
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(a) A psychiatric residential treatment facility licensed under this 1
subchapter and holding a permit from the Health Services Permit Agency or the 2
Health Services Permit Commission shall not admit a child for psychiatric 3
residential treatment unless the child is: 4
(1) An Arkansas resident; 5
(2) A child of a parent who is an Arkansas resident; 6
(3) A child placed by or on behalf of another state's child 7
welfare agency; 8
(4) A child for whom the facility is being paid by another 9
state's Medicaid program; 10
(5) A child of an active -duty member or veteran of the uniformed 11
services as defined in § 6 -4-302; or 12
(6) A nonresident child victim of human trafficking when the 13
regulated facility maintains responsibility for the return of the child to 14
the out-of-state custodian. 15
(b) The Department of Human Services may promulgate rules to enforce 16
this section. 17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
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35
36