Skip to main content
Find a Lawyer

Arkansas Code Title 20. Public Health and Welfare § 20-49-204. Hearing for sterilization

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) In determining the incompetence of a person for whom sterilization is sought, the court shall require that the evidence of incompetence include the testimony of at least two (2) medical witnesses who shall be found by the court to be qualified. The testimony of one (1) witness may be by written statement.

(2) If the alleged incompetent person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or a hospital or a penal institution, one (1) of the medical witnesses shall be a member of the medical staff of the hospital or institution.

(3) The court in its discretion may appoint one (1) or more qualified medical examiners to examine the alleged incompetent person and report to the court under oath their findings with respect to the incompetent. The report shall be considered with other evidence in the case.

(4) The court shall fix the fees to be paid the examiners, which shall be charged as part of the costs of the proceeding.

(b) The alleged incompetent person shall be entitled to appear at the hearing unless two (2) qualified medical witnesses certify to the court that his or her appearance would result in extreme danger to himself or herself and others, to be represented by legal counsel, to present witnesses, to cross-examine witnesses, and otherwise to defend against the statements and allegations of the petition as in other cases at law or in equity.

(c) The court in its order shall set forth in writing separate findings as to each of the statements and allegations contained in the petition.

(d) A complete and written record shall be made and kept of all proceedings under this chapter.

(e)(1) The costs of the proceeding shall be paid by the petitioner.

(2) The petitioner may be reimbursed for costs out of the estate of the alleged incompetent, as ordered by the court.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-49-204. Hearing for sterilization - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-49-204/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard