Arkansas Code
Subchapter 1 - General Provisions
§ 20-46-106. Emotionally disturbed youth treated out of state

(a)
(1) It is the intent of the General Assembly that treatment for emotionally disturbed youth within the State of Arkansas will result in higher quality care provided for less cost when compared with similar services delivered out of state.
(2) Before making an out-of-state placement, the Department of Human Services shall make and document the determinations established in subsection (b) of this section. If an out-of-state placement is made without documenting the determinations, payment for services shall not be authorized.
(3) The department shall provide a report monthly to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs reflecting the number of youths in the custody of the department receiving services out of state as follows:
(A) The total number of males and the total number of females currently in inpatient psychiatric programs, excluding sexual offender treatment programs; and
(B) The total number of males and the total number of females currently in inpatient psychiatric programs, including sexual offender treatment programs.


(b) Before an emotionally disturbed youth is placed in an out-of-state treatment facility, the department shall make and document the following determinations:
(1) Whether the emotionally disturbed youth has been appropriately and accurately diagnosed;
(2) Whether an appropriate treatment facility exists within the state;
(3) Whether there is an appropriate treatment facility in a border state;
(4) Whether the facility being considered has the most appropriate program;
(5) Whether the program requires payment of board, and if so, the amount;
(6) Whether the total cost for treatment in the out-of-state facility exceeds the cost for treatment in state;
(7) Where youth residing at the facility attend school, and whether the school is accredited;
(8) What type of professional staff is available at the facility;
(9) What mechanisms are in place to address problems that are not within the purview of the program;
(10) What other considerations exist in addition to the youth's emotional problems such as other medical conditions, travel expenses, wishes of the youth, best interests of the youth, effect of out-of-state placement on the youth, and proximity to the emotionally disturbed youth's family; and
(11) What alternatives exist to out-of-state placement and the benefits and detriments of each alternative.

(c) The determinations made under subsection (b) of this section shall be included in the youth's case file and shall be reviewed and considered by the juvenile court judge.
(d) The report shall also include the number of out-of-state placements by county, including court-ordered placements or private placements.

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