McKinney v. McKinney

Tom Glaze, Justice.

Arkansas statutory laws provide for involuntary sterilization procedures on mental incompetents. Ark. Code Ann. § § 20-49-101 to -102, 20-49-201 to -207, and 20-49-301 to -304 (1987). Sections 20-49-201 to -207 set out one method that requires judicial oversight before such an involuntary sterilization on an incompetent can be performed. However, §§ 20-49-301 to -304 establish a second or alternative method that allows involuntary sterilization on incompetents through what is described as “direct medical channels” —■ a statutory procedure that provides no judicial…