Ark. Code Ann. § 9-9-407 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-407
Eligibility
Status: in_force

(a) A family is initially eligible for a subsidy for purposes of adoption if: (1) (A) No other potential adoptive family has been identified and is willing and able to adopt the child without the use of a subsidy. (B) In the case of a child who has established significant emotional ties with prospective adoptive parents while in their care as a foster child, the Department of Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy. (C) In the case of a child who will be adopted by members of his or her biological family, the department may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy; (2) The department has determined the family to be eligible; (3) The child is in the custody of the department; and (4) The child has been determined by the department to have special needs. (b) A child who is a resident of Arkansas when eligibility for a subsidy is certified shall remain eligible and receive a subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter. (c) A family is eligible for a legal subsidy for purposes of adoption if: (1) The child is in the custody of the department; or (2) (A) The child was in the custody of the department; (B) Legal custody was transferred to a relative or other person; and (C) The juvenile division case remains open pending the child obtaining permanency. (d) State-funded subsidies may be available, as determined by the department for an adult who: (1) Is in foster care at eighteen (18) years of age; (2) Participates in an extended foster care program under § 9-27-306 or § 9-28-114 ; and (3) Is not Title IV-E eligible. Amended by Act 2023, No. 363,§ 2, eff. 8/1/2023. Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 518, § 3; 2005, No. 437, § 9; 2011, No. 607, § 6

(a) A family is initially eligible for a subsidy for purposes of adoption if: (1) (A) No other potential adoptive family has been identified and is willing and able to adopt the child without the use of a subsidy. (B) In the case of a child who has established significant emotional ties with prospective adoptive parents while in their care as a foster child, the Department of Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy. (C) In the case of a child who will be adopted by members of his or her biological family, the department may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy; (2) The department has determined the family to be eligible; (3) The child is in the custody of the department; and (4) The child has been determined by the department to have special needs.

(1) (A) No other potential adoptive family has been identified and is willing and able to adopt the child without the use of a subsidy. (B) In the case of a child who has established significant emotional ties with prospective adoptive parents while in their care as a foster child, the Department of Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy. (C) In the case of a child who will be adopted by members of his or her biological family, the department may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy;

(A) No other potential adoptive family has been identified and is willing and able to adopt the child without the use of a subsidy.

(B) In the case of a child who has established significant emotional ties with prospective adoptive parents while in their care as a foster child, the Department of Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy.

(C) In the case of a child who will be adopted by members of his or her biological family, the department may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy;

(2) The department has determined the family to be eligible;

(3) The child is in the custody of the department; and

(4) The child has been determined by the department to have special needs.

(b) A child who is a resident of Arkansas when eligibility for a subsidy is certified shall remain eligible and receive a subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter.

(c) A family is eligible for a legal subsidy for purposes of adoption if: (1) The child is in the custody of the department; or (2) (A) The child was in the custody of the department; (B) Legal custody was transferred to a relative or other person; and (C) The juvenile division case remains open pending the child obtaining permanency.

(1) The child is in the custody of the department; or

(2) (A) The child was in the custody of the department; (B) Legal custody was transferred to a relative or other person; and (C) The juvenile division case remains open pending the child obtaining permanency.

(A) The child was in the custody of the department;

(B) Legal custody was transferred to a relative or other person; and

(C) The juvenile division case remains open pending the child obtaining permanency.

(d) State-funded subsidies may be available, as determined by the department for an adult who: (1) Is in foster care at eighteen (18) years of age; (2) Participates in an extended foster care program under § 9-27-306 or § 9-28-114 ; and (3) Is not Title IV-E eligible.

(1) Is in foster care at eighteen (18) years of age;

(2) Participates in an extended foster care program under § 9-27-306 or § 9-28-114 ; and

(3) Is not Title IV-E eligible.

Amended by Act 2023, No. 363,§ 2, eff. 8/1/2023.

Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 518, § 3; 2005, No. 437, § 9; 2011, No. 607, § 6
Ark. Code Ann. § 9-3-119 — AR Code / Title 9 / Chapter 3 / Section 9-3-119
Cancellation of certificate - Renunciation of residence and domicile
Status: in_force

(a) (1) It shall be the duty of the prosecuting attorney of a county, upon affidavit showing good cause, to institute proceedings in any court having jurisdiction under this chapter for the purpose of setting aside and cancelling any certificate issued under this chapter on the ground of fraud or on the ground that the certificate was illegally procured. (2) (A) In any such proceeding, the party holding the certificate alleged to have been fraudulently or illegally procured shall have sixty (60) days' personal notice in which to make answer to the petition of the State of Arkansas. (B) If the holder of the certificate is absent from the state or from the district in which he or she last had residence, the notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state. (3) If any person who secures a certificate of residence and domicile under the provisions of this chapter shall, within two (2) years after the issuance of the certificate, cease to reside in the state more than thirty (30) days in any one (1) year, it shall be considered prima facie evidence of a lack of intention on the part of the person to become a permanent resident of the state at the time of the filing of the application for a certificate of residence and domicile and, in the absence of contrary evidence, it shall be sufficient evidence, in the proper proceeding, to authorize the cancellation of his or her certificate of residence and domicile as fraudulent. (b) (1) Not less than two (2) years after a certificate of residence and domicile has been issued under this chapter, the person to whom the certificate has been issued may file a petition signed in duplicate in his or her own handwriting, duly verified, which shall state his or her full name, his or her place of residence with the street number, if possible, his or her occupation, his or her date and place of birth, the state in which he or she intends to reside, the date and place of his or her first address within this state, the time when and place and name of the court where he or she declared his or her intention to become a resident domiciled in the State of Arkansas, and the name of the court where he or she received his or her certificate of residence and domicile. If married, he or she shall state the name of his or her spouse, his or her place of residence at the time of filing this petition, and if he or she has children, the name, date, and place of birth, and place of residence of each child living at the time of filing this petition. (2) The petition shall set forth that he or she renounces absolutely his or her residence and domicile in the State of Arkansas and that it is his or her intention to reside permanently in a state other than Arkansas. (c) (1) Whenever a certificate of residence and domicile is set aside or cancelled as provided in this section, the court in which the judgment or decree is rendered shall make an order cancelling the certificate and shall order a certified copy of the judgment sent to the Secretary of State. (2) (A) If the certificate was not originally issued by the court making the order, the court shall direct the clerk of the court to transmit a copy of the order and judgment to the court out of which the certificate of residence and domicile was originally issued. (B) It shall be the duty of the clerk of the court receiving the certified copy of the order and judgment of the court to enter the certified copy of the order and judgment of record and to cancel the original certificate of residence and domicile upon the records and to notify the Secretary of State of the cancellation. Acts 1941, No. 355, § 20; A.S.A. 1947, § 34-1320

(a) (1) It shall be the duty of the prosecuting attorney of a county, upon affidavit showing good cause, to institute proceedings in any court having jurisdiction under this chapter for the purpose of setting aside and cancelling any certificate issued under this chapter on the ground of fraud or on the ground that the certificate was illegally procured. (2) (A) In any such proceeding, the party holding the certificate alleged to have been fraudulently or illegally procured shall have sixty (60) days' personal notice in which to make answer to the petition of the State of Arkansas. (B) If the holder of the certificate is absent from the state or from the district in which he or she last had residence, the notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state. (3) If any person who secures a certificate of residence and domicile under the provisions of this chapter shall, within two (2) years after the issuance of the certificate, cease to reside in the state more than thirty (30) days in any one (1) year, it shall be considered prima facie evidence of a lack of intention on the part of the person to become a permanent resident of the state at the time of the filing of the application for a certificate of residence and domicile and, in the absence of contrary evidence, it shall be sufficient evidence, in the proper proceeding, to authorize the cancellation of his or her certificate of residence and domicile as fraudulent.

(1) It shall be the duty of the prosecuting attorney of a county, upon affidavit showing good cause, to institute proceedings in any court having jurisdiction under this chapter for the purpose of setting aside and cancelling any certificate issued under this chapter on the ground of fraud or on the ground that the certificate was illegally procured.

(2) (A) In any such proceeding, the party holding the certificate alleged to have been fraudulently or illegally procured shall have sixty (60) days' personal notice in which to make answer to the petition of the State of Arkansas. (B) If the holder of the certificate is absent from the state or from the district in which he or she last had residence, the notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state.

(A) In any such proceeding, the party holding the certificate alleged to have been fraudulently or illegally procured shall have sixty (60) days' personal notice in which to make answer to the petition of the State of Arkansas.

(B) If the holder of the certificate is absent from the state or from the district in which he or she last had residence, the notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state.

(3) If any person who secures a certificate of residence and domicile under the provisions of this chapter shall, within two (2) years after the issuance of the certificate, cease to reside in the state more than thirty (30) days in any one (1) year, it shall be considered prima facie evidence of a lack of intention on the part of the person to become a permanent resident of the state at the time of the filing of the application for a certificate of residence and domicile and, in the absence of contrary evidence, it shall be sufficient evidence, in the proper proceeding, to authorize the cancellation of his or her certificate of residence and domicile as fraudulent.

(b) (1) Not less than two (2) years after a certificate of residence and domicile has been issued under this chapter, the person to whom the certificate has been issued may file a petition signed in duplicate in his or her own handwriting, duly verified, which shall state his or her full name, his or her place of residence with the street number, if possible, his or her occupation, his or her date and place of birth, the state in which he or she intends to reside, the date and place of his or her first address within this state, the time when and place and name of the court where he or she declared his or her intention to become a resident domiciled in the State of Arkansas, and the name of the court where he or she received his or her certificate of residence and domicile. If married, he or she shall state the name of his or her spouse, his or her place of residence at the time of filing this petition, and if he or she has children, the name, date, and place of birth, and place of residence of each child living at the time of filing this petition. (2) The petition shall set forth that he or she renounces absolutely his or her residence and domicile in the State of Arkansas and that it is his or her intention to reside permanently in a state other than Arkansas.

(1) Not less than two (2) years after a certificate of residence and domicile has been issued under this chapter, the person to whom the certificate has been issued may file a petition signed in duplicate in his or her own handwriting, duly verified, which shall state his or her full name, his or her place of residence with the street number, if possible, his or her occupation, his or her date and place of birth, the state in which he or she intends to reside, the date and place of his or her first address within this state, the time when and place and name of the court where he or she declared his or her intention to become a resident domiciled in the State of Arkansas, and the name of the court where he or she received his or her certificate of residence and domicile. If married, he or she shall state the name of his or her spouse, his or her place of residence at the time of filing this petition, and if he or she has children, the name, date, and place of birth, and place of residence of each child living at the time of filing this petition.

(2) The petition shall set forth that he or she renounces absolutely his or her residence and domicile in the State of Arkansas and that it is his or her intention to reside permanently in a state other than Arkansas.

(c) (1) Whenever a certificate of residence and domicile is set aside or cancelled as provided in this section, the court in which the judgment or decree is rendered shall make an order cancelling the certificate and shall order a certified copy of the judgment sent to the Secretary of State. (2) (A) If the certificate was not originally issued by the court making the order, the court shall direct the clerk of the court to transmit a copy of the order and judgment to the court out of which the certificate of residence and domicile was originally issued. (B) It shall be the duty of the clerk of the court receiving the certified copy of the order and judgment of the court to enter the certified copy of the order and judgment of record and to cancel the original certificate of residence and domicile upon the records and to notify the Secretary of State of the cancellation.

(1) Whenever a certificate of residence and domicile is set aside or cancelled as provided in this section, the court in which the judgment or decree is rendered shall make an order cancelling the certificate and shall order a certified copy of the judgment sent to the Secretary of State.

(2) (A) If the certificate was not originally issued by the court making the order, the court shall direct the clerk of the court to transmit a copy of the order and judgment to the court out of which the certificate of residence and domicile was originally issued. (B) It shall be the duty of the clerk of the court receiving the certified copy of the order and judgment of the court to enter the certified copy of the order and judgment of record and to cancel the original certificate of residence and domicile upon the records and to notify the Secretary of State of the cancellation.

(A) If the certificate was not originally issued by the court making the order, the court shall direct the clerk of the court to transmit a copy of the order and judgment to the court out of which the certificate of residence and domicile was originally issued.

(B) It shall be the duty of the clerk of the court receiving the certified copy of the order and judgment of the court to enter the certified copy of the order and judgment of record and to cancel the original certificate of residence and domicile upon the records and to notify the Secretary of State of the cancellation.

Acts 1941, No. 355, § 20; A.S.A. 1947, § 34-1320
Ark. Code Ann. § 9-26-202 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-202
Scope and jurisdiction
Status: in_force

(a) This subchapter shall apply to a transfer that refers to this subchapter in the designation under § 9-26-209(a) by which the transfer is made if at the time of the transfer, the transferor, minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this subchapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. (b) A person designated as custodian under this subchapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship. (c) A transfer that purports to be made and which is valid under this subchapter, the Arkansas Uniform Gifts to Minors Act [repealed], or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state. Acts 1985, No. 476, § 2; A.S.A. 1947, § 50-935

(a) This subchapter shall apply to a transfer that refers to this subchapter in the designation under § 9-26-209(a) by which the transfer is made if at the time of the transfer, the transferor, minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this subchapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.

(b) A person designated as custodian under this subchapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

(c) A transfer that purports to be made and which is valid under this subchapter, the Arkansas Uniform Gifts to Minors Act [repealed], or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.

Acts 1985, No. 476, § 2; A.S.A. 1947, § 50-935
Ark. Code Ann. § 9-9-507 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-507
Maintenance of records
Status: in_force

All records of any adoption finalized in this state shall be maintained for ninety-nine (99) years by the agency, entity, organization, or person arranging the adoption. Acts 1985, No. 957, § 2; A.S.A. 1947, § 56-139

All records of any adoption finalized in this state shall be maintained for ninety-nine (99) years by the agency, entity, organization, or person arranging the adoption.

Acts 1985, No. 957, § 2; A.S.A. 1947, § 56-139
Ark. Code Ann. § 9-19-311 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-311
Warrant to take physical custody of child
Status: in_force

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state. (b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 9-19-308(b) . (c) A warrant to take physical custody of a child must: (1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) direct law enforcement officers to take physical custody of the child immediately; and (3) provide for the placement of the child pending final relief. (d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. (e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. (f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Acts 1999, No. 668, § 311

(a) Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.

(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by § 9-19-308(b) .

(c) A warrant to take physical custody of a child must: (1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; (2) direct law enforcement officers to take physical custody of the child immediately; and (3) provide for the placement of the child pending final relief.

(1) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(2) direct law enforcement officers to take physical custody of the child immediately; and

(3) provide for the placement of the child pending final relief.

(d) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.

(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.

Acts 1999, No. 668, § 311
Ark. Code Ann. § 9-9-205 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-205
Jurisdiction - Venue - Inconvenient forum - Disclosure of name
Status: in_force

(a) Jurisdiction of adoption of minors: (1) The state shall possess jurisdiction over the adoption of a minor if the person seeking to adopt the child, or the child, is a resident of this state. (2) For purposes of this subchapter: (A) A child under the age of six (6) months shall be considered a resident of this state if the: (i) Child's birth mother resided in Arkansas for more than four (4) months immediately preceding the birth of the child; (ii) Child was born in this state or in any border city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line; and (iii) Child remains in this state until the interlocutory decree has been entered, or in the case of a nonresident adoptive family, upon the receipt of approval pursuant to the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the child and the prospective adoptive parents may go back to their state of residence and subsequently may return to Arkansas for a hearing on the petition for adoption; (B) A child over the age of six (6) months shall be considered a resident of this state if the child: (i) Has resided in this state for a period of six (6) months; (ii) Currently resides in Arkansas; and (iii) Is present in this state at the time the petition for adoption is filed and heard by a court having appropriate jurisdiction; and (C) A person seeking to adopt is a resident of this state if the person: (i) Occupies a dwelling within the state; (ii) Has a present intent to remain within the state for a period of time; and (iii) Manifests the genuineness of that intent by establishing an ongoing physical presence within the state together with indications that the person's presence within the state is something other than merely transitory in nature. (3) (A) If the juvenile is the subject matter of an open case filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the adoption petition shall be filed in that case. (B) The circuit court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a juvenile is placed outside the State of Arkansas. (4) A petition for adoption may not be asserted in a guardianship proceeding, but a separate action shall be filed, and the clerk shall assign a new case number and charge a filing fee unless the filing fee is waived under Rule 72 of the Arkansas Rules of Civil Procedure. (b) Jurisdiction of adoption of adults: Physical presence of the petitioner or petitioners or the individual to be adopted shall be sufficient to confer subject matter jurisdiction. (c) Venue: (1) Proceedings for adoption must be brought in the county in which, at the time of filing or granting the petition, the petitioner or petitioners, or the individual to be adopted resides or is in military service or in which the agency having the care, custody, or control of the minor is located. (2) If the court finds in the interest of substantial justice that the matter should be heard in another forum, the court may transfer, stay, or dismiss the proceedings in whole or in part on any conditions that are just. (d) The caption of a petition for adoption shall be styled substantially "In the matter of the Adoption." The person to be adopted shall be designated in the caption under the name by which he or she is to be known if the petition is granted. (e) If the child is placed for adoption, any name by which the child was previously known may be disclosed in the petition, the notice of hearing, or in the decree of adoption. (f) In the event the child dies during the time that the child is placed in the home of an adoptive parent or parents for the purpose of adoption, the court has the authority to enter a final decree of adoption after the child's death upon the request of the adoptive parent. Amended by Act 2013, No. 282,§ 1, eff. 3/6/2013 Acts 1977, No. 735, § 5; A.S.A. 1947, § 56-205; Acts 1991, No. 658, § 1; 2001, No. 383, § 1; 2001, No. 1029, § 1; 2003, No. 650, §§ 1, 8; 2007, No. 539, §§ 1, 2

(a) Jurisdiction of adoption of minors: (1) The state shall possess jurisdiction over the adoption of a minor if the person seeking to adopt the child, or the child, is a resident of this state. (2) For purposes of this subchapter: (A) A child under the age of six (6) months shall be considered a resident of this state if the: (i) Child's birth mother resided in Arkansas for more than four (4) months immediately preceding the birth of the child; (ii) Child was born in this state or in any border city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line; and (iii) Child remains in this state until the interlocutory decree has been entered, or in the case of a nonresident adoptive family, upon the receipt of approval pursuant to the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the child and the prospective adoptive parents may go back to their state of residence and subsequently may return to Arkansas for a hearing on the petition for adoption; (B) A child over the age of six (6) months shall be considered a resident of this state if the child: (i) Has resided in this state for a period of six (6) months; (ii) Currently resides in Arkansas; and (iii) Is present in this state at the time the petition for adoption is filed and heard by a court having appropriate jurisdiction; and (C) A person seeking to adopt is a resident of this state if the person: (i) Occupies a dwelling within the state; (ii) Has a present intent to remain within the state for a period of time; and (iii) Manifests the genuineness of that intent by establishing an ongoing physical presence within the state together with indications that the person's presence within the state is something other than merely transitory in nature. (3) (A) If the juvenile is the subject matter of an open case filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the adoption petition shall be filed in that case. (B) The circuit court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a juvenile is placed outside the State of Arkansas. (4) A petition for adoption may not be asserted in a guardianship proceeding, but a separate action shall be filed, and the clerk shall assign a new case number and charge a filing fee unless the filing fee is waived under Rule 72 of the Arkansas Rules of Civil Procedure.

(1) The state shall possess jurisdiction over the adoption of a minor if the person seeking to adopt the child, or the child, is a resident of this state.

(2) For purposes of this subchapter: (A) A child under the age of six (6) months shall be considered a resident of this state if the: (i) Child's birth mother resided in Arkansas for more than four (4) months immediately preceding the birth of the child; (ii) Child was born in this state or in any border city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line; and (iii) Child remains in this state until the interlocutory decree has been entered, or in the case of a nonresident adoptive family, upon the receipt of approval pursuant to the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the child and the prospective adoptive parents may go back to their state of residence and subsequently may return to Arkansas for a hearing on the petition for adoption; (B) A child over the age of six (6) months shall be considered a resident of this state if the child: (i) Has resided in this state for a period of six (6) months; (ii) Currently resides in Arkansas; and (iii) Is present in this state at the time the petition for adoption is filed and heard by a court having appropriate jurisdiction; and (C) A person seeking to adopt is a resident of this state if the person: (i) Occupies a dwelling within the state; (ii) Has a present intent to remain within the state for a period of time; and (iii) Manifests the genuineness of that intent by establishing an ongoing physical presence within the state together with indications that the person's presence within the state is something other than merely transitory in nature.

(A) A child under the age of six (6) months shall be considered a resident of this state if the: (i) Child's birth mother resided in Arkansas for more than four (4) months immediately preceding the birth of the child; (ii) Child was born in this state or in any border city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line; and (iii) Child remains in this state until the interlocutory decree has been entered, or in the case of a nonresident adoptive family, upon the receipt of approval pursuant to the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the child and the prospective adoptive parents may go back to their state of residence and subsequently may return to Arkansas for a hearing on the petition for adoption;

(i) Child's birth mother resided in Arkansas for more than four (4) months immediately preceding the birth of the child;

(ii) Child was born in this state or in any border city that adjoins the Arkansas state line or is separated only by a navigable river from an Arkansas city that adjoins the Arkansas state line; and

(iii) Child remains in this state until the interlocutory decree has been entered, or in the case of a nonresident adoptive family, upon the receipt of approval pursuant to the Interstate Compact on the Placement of Children, § 9-29-201 et seq., the child and the prospective adoptive parents may go back to their state of residence and subsequently may return to Arkansas for a hearing on the petition for adoption;

(B) A child over the age of six (6) months shall be considered a resident of this state if the child: (i) Has resided in this state for a period of six (6) months; (ii) Currently resides in Arkansas; and (iii) Is present in this state at the time the petition for adoption is filed and heard by a court having appropriate jurisdiction; and

(i) Has resided in this state for a period of six (6) months;

(ii) Currently resides in Arkansas; and

(iii) Is present in this state at the time the petition for adoption is filed and heard by a court having appropriate jurisdiction; and

(C) A person seeking to adopt is a resident of this state if the person: (i) Occupies a dwelling within the state; (ii) Has a present intent to remain within the state for a period of time; and (iii) Manifests the genuineness of that intent by establishing an ongoing physical presence within the state together with indications that the person's presence within the state is something other than merely transitory in nature.

(i) Occupies a dwelling within the state;

(ii) Has a present intent to remain within the state for a period of time; and

(iii) Manifests the genuineness of that intent by establishing an ongoing physical presence within the state together with indications that the person's presence within the state is something other than merely transitory in nature.

(3) (A) If the juvenile is the subject matter of an open case filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the adoption petition shall be filed in that case. (B) The circuit court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a juvenile is placed outside the State of Arkansas.

(A) If the juvenile is the subject matter of an open case filed under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., the adoption petition shall be filed in that case.

(B) The circuit court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a juvenile is placed outside the State of Arkansas.

(4) A petition for adoption may not be asserted in a guardianship proceeding, but a separate action shall be filed, and the clerk shall assign a new case number and charge a filing fee unless the filing fee is waived under Rule 72 of the Arkansas Rules of Civil Procedure.

(b) Jurisdiction of adoption of adults: Physical presence of the petitioner or petitioners or the individual to be adopted shall be sufficient to confer subject matter jurisdiction.

(c) Venue: (1) Proceedings for adoption must be brought in the county in which, at the time of filing or granting the petition, the petitioner or petitioners, or the individual to be adopted resides or is in military service or in which the agency having the care, custody, or control of the minor is located. (2) If the court finds in the interest of substantial justice that the matter should be heard in another forum, the court may transfer, stay, or dismiss the proceedings in whole or in part on any conditions that are just.

(1) Proceedings for adoption must be brought in the county in which, at the time of filing or granting the petition, the petitioner or petitioners, or the individual to be adopted resides or is in military service or in which the agency having the care, custody, or control of the minor is located.

(2) If the court finds in the interest of substantial justice that the matter should be heard in another forum, the court may transfer, stay, or dismiss the proceedings in whole or in part on any conditions that are just.

(d) The caption of a petition for adoption shall be styled substantially "In the matter of the Adoption." The person to be adopted shall be designated in the caption under the name by which he or she is to be known if the petition is granted.

(e) If the child is placed for adoption, any name by which the child was previously known may be disclosed in the petition, the notice of hearing, or in the decree of adoption.

(f) In the event the child dies during the time that the child is placed in the home of an adoptive parent or parents for the purpose of adoption, the court has the authority to enter a final decree of adoption after the child's death upon the request of the adoptive parent.

Amended by Act 2013, No. 282,§ 1, eff. 3/6/2013

Acts 1977, No. 735, § 5; A.S.A. 1947, § 56-205; Acts 1991, No. 658, § 1; 2001, No. 383, § 1; 2001, No. 1029, § 1; 2003, No. 650, §§ 1, 8; 2007, No. 539, §§ 1, 2
Ark. Code Ann. § 9-9-506 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-506
Disclosure of information
Status: in_force

(a) Notwithstanding any other provision of law, the information acquired by any registry shall not be disclosed under any sunshine or freedom of information legislation, rules, or practice. (b) Notwithstanding any other provision of law, no person, group of persons, or entity, including any agency, may file a class action to force the registry to disclose identifying information. (c) In exceptional circumstances, specified papers and records pertaining to particular adoptions may be inspected by the adoptee, the adoptive parents, and the birth parents if the court granting the adoption finds by clear and convincing evidence that good cause exists for the inspection. Acts 1985, No. 957, § 4; A.S.A. 1947, § 56-141

(a) Notwithstanding any other provision of law, the information acquired by any registry shall not be disclosed under any sunshine or freedom of information legislation, rules, or practice.

(b) Notwithstanding any other provision of law, no person, group of persons, or entity, including any agency, may file a class action to force the registry to disclose identifying information.

(c) In exceptional circumstances, specified papers and records pertaining to particular adoptions may be inspected by the adoptee, the adoptive parents, and the birth parents if the court granting the adoption finds by clear and convincing evidence that good cause exists for the inspection.

Acts 1985, No. 957, § 4; A.S.A. 1947, § 56-141
Ark. Code Ann. § 9-28-201 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-201
Legislative intent and purpose
Status: in_force

(a) The General Assembly recognizes that the state has a responsibility to provide its youth with appropriate services and programs to help decrease the number of juvenile offenders in the state and to create a better future for the state's youth and that reforms in the juvenile justice system require oversight by an organization with special expertise in the problems of juvenile offenders. Therefore, the General Assembly declares that this subchapter is necessary to create a single entity within the Department of Human Services with primary responsibility for coordinating, sponsoring, and providing services to Arkansas's youth and to create a structure within state government that will be responsive to the needs of the state's youth. (b) The purposes of this subchapter include without limitation to: (1) Maintain public safety and improve outcomes for Arkansas youth and families involved in the juvenile justice system through validated risk assessments; (2) Reduce the number of secure out-of-home placements; (3) Redirect funding from secure residential facilities to evidence-based community services; and (4) Enhance treatment for youth committed to the Division of Youth Services. Amended by Act 2019, No. 189,§ 5, eff. 7/1/2020. Acts 1995, No. 1261, § 1

(a) The General Assembly recognizes that the state has a responsibility to provide its youth with appropriate services and programs to help decrease the number of juvenile offenders in the state and to create a better future for the state's youth and that reforms in the juvenile justice system require oversight by an organization with special expertise in the problems of juvenile offenders. Therefore, the General Assembly declares that this subchapter is necessary to create a single entity within the Department of Human Services with primary responsibility for coordinating, sponsoring, and providing services to Arkansas's youth and to create a structure within state government that will be responsive to the needs of the state's youth.

(b) The purposes of this subchapter include without limitation to: (1) Maintain public safety and improve outcomes for Arkansas youth and families involved in the juvenile justice system through validated risk assessments; (2) Reduce the number of secure out-of-home placements; (3) Redirect funding from secure residential facilities to evidence-based community services; and (4) Enhance treatment for youth committed to the Division of Youth Services.

(1) Maintain public safety and improve outcomes for Arkansas youth and families involved in the juvenile justice system through validated risk assessments;

(2) Reduce the number of secure out-of-home placements;

(3) Redirect funding from secure residential facilities to evidence-based community services; and

(4) Enhance treatment for youth committed to the Division of Youth Services.

Amended by Act 2019, No. 189,§ 5, eff. 7/1/2020.

Acts 1995, No. 1261, § 1
Ark. Code Ann. § 9-16-102 — AR Code / Title 9 / Chapter 16 / Section 9-16-102
Definition
Status: in_force

As used in this chapter, "family preservation services" means services for children and families that are designed to help families at risk or in crisis, including adoptive and extended families, and include: (1) Service programs designed to help a child: (A) When safe and appropriate, be returned to the family from which he or she has been removed; (B) Be placed for adoption; (C) Be placed with a legal guardian; and (D) If adoption or legal guardianship is determined not to be safe and appropriate for the child, be placed in some other planned, permanent living arrangement; (2) Preplacement preventive services programs, such as intensive family preservation programs, designed to help a child at risk of foster care placement remain safely with his or her family; (3) Service programs designed to provide follow-up care to a family to which a child has been returned after a foster care placement; (4) Respite care of children to provide temporary relief for parents and other caregivers, including foster parents; and (5) Services designed to improve parenting skills by reinforcing a parent's confidence in his or her strengths and by helping a parent identify where improvement is needed and to obtain assistance in improving those skills with respect to matters such as child development, family budgeting, coping with stress, and health and nutrition. Acts 1991, No. 1025, § 2; 2001, No. 906, § 2; 2011, No. 793, § 5

As used in this chapter, "family preservation services" means services for children and families that are designed to help families at risk or in crisis, including adoptive and extended families, and include:

(1) Service programs designed to help a child: (A) When safe and appropriate, be returned to the family from which he or she has been removed; (B) Be placed for adoption; (C) Be placed with a legal guardian; and (D) If adoption or legal guardianship is determined not to be safe and appropriate for the child, be placed in some other planned, permanent living arrangement;

(A) When safe and appropriate, be returned to the family from which he or she has been removed;

(B) Be placed for adoption;

(C) Be placed with a legal guardian; and

(D) If adoption or legal guardianship is determined not to be safe and appropriate for the child, be placed in some other planned, permanent living arrangement;

(2) Preplacement preventive services programs, such as intensive family preservation programs, designed to help a child at risk of foster care placement remain safely with his or her family;

(3) Service programs designed to provide follow-up care to a family to which a child has been returned after a foster care placement;

(4) Respite care of children to provide temporary relief for parents and other caregivers, including foster parents; and

(5) Services designed to improve parenting skills by reinforcing a parent's confidence in his or her strengths and by helping a parent identify where improvement is needed and to obtain assistance in improving those skills with respect to matters such as child development, family budgeting, coping with stress, and health and nutrition.

Acts 1991, No. 1025, § 2; 2001, No. 906, § 2; 2011, No. 793, § 5
Ark. Code Ann. § 9-27-504 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-504
Right to counsel
Status: in_force

(a) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews. (b) This right to counsel cannot be waived. Acts 1999, No. 1192, § 4

(a) An extended juvenile jurisdiction offender shall have a right to counsel at every stage of the proceedings, including all reviews.

(b) This right to counsel cannot be waived.

Acts 1999, No. 1192, § 4
Ark. Code Ann. § 9-28-120 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-120
Public disclosure of information on deaths and maltreatment
Status: in_force

(a) (1) The Department of Human Services shall place a notice on the department's web page when a fatality or near fatality of a child is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq., within seventy-two (72) hours of receipt of a report from the hotline. (2) The notice of a reported fatality or near fatality of a child shall state the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the department; and (H) Services offered or provided by the department presently and in the past. (3) The notice of a fatality of a child shall also include the name of the child. (4) The department shall not put on the web page any: (A) Information on siblings of the child; or (B) Attorney-client communications. (5) The department may elect not to place notice on the department's web page if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person. (b) (1) Upon request, the department shall release the following information to the general public when a hotline report is received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department. (2) The department shall not release: (A) Information on siblings of the child; or (B) Attorney-client communications. (3) The department shall not release any information if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person. (c) (1) Upon request, the department shall release the following information when a child dies if that child was in an out-of-home placement as defined under § 9-27-303(40) : (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department. (2) The department shall not release: (A) Information on siblings of the child; or (B) Attorney-client communications. (3) The department shall not release any information if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person. Amended by Act 2013, No. 1181,§ 1, eff. 8/16/2013 Acts 2011, No. 591, § 1

(a) (1) The Department of Human Services shall place a notice on the department's web page when a fatality or near fatality of a child is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq., within seventy-two (72) hours of receipt of a report from the hotline. (2) The notice of a reported fatality or near fatality of a child shall state the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the department; and (H) Services offered or provided by the department presently and in the past. (3) The notice of a fatality of a child shall also include the name of the child. (4) The department shall not put on the web page any: (A) Information on siblings of the child; or (B) Attorney-client communications. (5) The department may elect not to place notice on the department's web page if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(1) The Department of Human Services shall place a notice on the department's web page when a fatality or near fatality of a child is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq., within seventy-two (72) hours of receipt of a report from the hotline.

(2) The notice of a reported fatality or near fatality of a child shall state the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the department; and (H) Services offered or provided by the department presently and in the past.

(A) Age, race, and gender of the child;

(B) Date of the child's death or incident;

(C) Allegations or preliminary cause of death or incident;

(D) County and type of placement of the child at the time of incident;

(E) Generic relationship of the alleged offender to the child;

(F) Agency conducting the investigation;

(G) Legal action by the department; and

(H) Services offered or provided by the department presently and in the past.

(3) The notice of a fatality of a child shall also include the name of the child.

(4) The department shall not put on the web page any: (A) Information on siblings of the child; or (B) Attorney-client communications.

(A) Information on siblings of the child; or

(B) Attorney-client communications.

(5) The department may elect not to place notice on the department's web page if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and

(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(b) (1) Upon request, the department shall release the following information to the general public when a hotline report is received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department. (2) The department shall not release: (A) Information on siblings of the child; or (B) Attorney-client communications. (3) The department shall not release any information if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(1) Upon request, the department shall release the following information to the general public when a hotline report is received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department.

(A) Age, race, and gender of the child;

(B) Allegations of maltreatment;

(C) County and placement of the child at the time of the incident;

(D) Generic relationship of the alleged offender to the child; and

(E) Action taken by the department.

(2) The department shall not release: (A) Information on siblings of the child; or (B) Attorney-client communications.

(A) Information on siblings of the child; or

(B) Attorney-client communications.

(3) The department shall not release any information if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and

(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(c) (1) Upon request, the department shall release the following information when a child dies if that child was in an out-of-home placement as defined under § 9-27-303(40) : (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department. (2) The department shall not release: (A) Information on siblings of the child; or (B) Attorney-client communications. (3) The department shall not release any information if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(1) Upon request, the department shall release the following information when a child dies if that child was in an out-of-home placement as defined under § 9-27-303(40) : (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department.

(A) Age, race, and gender of the child;

(B) Date of the child's death;

(C) Preliminary cause of death;

(D) County and type of placement of the child at the time of the incident; and

(E) Action by the department.

(2) The department shall not release: (A) Information on siblings of the child; or (B) Attorney-client communications.

(A) Information on siblings of the child; or

(B) Attorney-client communications.

(3) The department shall not release any information if: (A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and (B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

(A) A law enforcement agency is actively investigating a case that is subject to the notice provisions of this section; and

(B) The law enforcement agency reasonably believes that the investigation will result in the subsequent arrest of a person.

Amended by Act 2013, No. 1181,§ 1, eff. 8/16/2013

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-27-323 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-323
Diversion - Conditions - Agreement - Completion - Definition
Status: in_force

(a) If the prosecuting attorney, after consultation with the intake officer, determines that a diversion of a delinquency case is in the best interests of the juvenile and the community, the officer with the consent of the juvenile and his or her parent, guardian, or custodian may attempt to make a satisfactory diversion of a case. (b) If the intake officer determines that a diversion of a family in need of services case is in the best interest of the juvenile and the community, the officer with the consent of the petitioner, juvenile, and his or her parent, guardian, or custodian may attempt to make a satisfactory diversion of a case. (c) In addition to the requirements of subsections (a) and (b) of this section, a diversion of a case is subject to the following conditions: (1) The juvenile has admitted his or her involvement in: (A) A delinquent act for a delinquency diversion; or (B) A family in need of services act for a family in need of services diversion; (2) The intake officer advises the juvenile and his or her parent, guardian, or custodian that they have the right to refuse a diversion of the case and demand the filing of a petition and a formal adjudication; (3) Any diversion agreement is entered into voluntarily and intelligently by the juvenile with the advice of his or her attorney or by the juvenile with the consent of a parent, guardian, or custodian if the juvenile is not represented by counsel; (4) The diversion agreement provides for the supervision of a juvenile or the referral of the juvenile to a public or private agency for services not to exceed six (6) months; (5) All other terms of a diversion agreement do not exceed nine (9) months; and (6) The juvenile and his or her parent, guardian, or custodian shall have the right to terminate the diversion agreement at any time and to request the filing of a petition and a formal adjudication. (d) (1) The terms of the diversion agreement shall: (A) Be in writing in simple, ordinary, and understandable language; (B) State that the agreement was entered into voluntarily by the juvenile; (C) Name the attorney or other person who advised the juvenile upon the juvenile's entering into the agreement; and (D) Be signed by all parties to the agreement and by the prosecuting attorney if it is a delinquency case and the offense would constitute a felony if committed by an adult or a family in need of services case pursuant to § 6-18-222 . (2) A copy of the diversion agreement shall be given to the juvenile, the counsel for the juvenile, the parent, guardian, or custodian, and the intake officer, who shall retain the copy in the case file. (e) Diversion agreements shall be: (1) Implemented by all juvenile courts based on validated assessment tools; and (2) Used to provide for: (A) Nonjudicial probation under the supervision of the intake officer or probation officer for a period during which the juvenile may be required to comply with specified conditions concerning his or her conduct and activities; (B) Participation in a court-approved program of education, counseling, or treatment; (C) Participation in a court-approved teen court; (D) Participation in a juvenile drug court program; (E) Enrollment in the Regional Educational Career Alternative School System for Adjudicated Youth; and (F) (i) Payment of restitution to the victim. (ii) Payments of restitution under subdivision (e)(2)(F)(i) of this section shall be paid under § 16-13-326 . (f) (1) If a diversion of a complaint has been made, a petition based upon the events out of which the original complaint arose may be filed only during the period for which the agreement was entered into. (2) If a petition is filed within this period, the juvenile's compliance with all proper and reasonable terms of the agreement shall be grounds for dismissal of the petition by the court. (g) The diversion agreement may be terminated, and the prosecuting attorney in a delinquency case or the petitioner in a family in need of services case may file a petition if at any time during the agreement period: (1) The juvenile or his or her parent, guardian, or custodian declines to further participate in the diversion process; (2) The juvenile fails, without reasonable excuse, to attend a scheduled conference; (3) The juvenile appears unable or unwilling to benefit from the diversion process; or (4) The intake officer becomes apprised of new or additional information that indicates that further efforts at diversion would not be in the best interests of the juvenile or society. (h) Upon the satisfactory completion of the diversion period: (1) The juvenile shall be dismissed without further proceedings; (2) The intake officer shall furnish written notice of the dismissal to the juvenile and his or her parent, guardian, or custodian; and (3) The complaint and the agreement, and all references thereto, may be expunged by the court from the juvenile's file. (i) (1) A juvenile intake or probation officer may charge a diversion fee only after review of an affidavit of financial means and a determination of the juvenile's or the juvenile's parent's, guardian's, or custodian's ability to pay the fee. (2) The diversion fee shall not exceed twenty dollars ($20.00) per month to the juvenile division of circuit court. (3) The court may direct that the fees be collected by the juvenile officer, sheriff, or court clerk for the county in which the fees are charged. (4) The officer designated by the court to collect diversion fees shall maintain receipts and account for all incoming fees and shall deposit the fees at least weekly into the county treasury of the county where the fees are collected and in which diversion services are provided. (5) The diversion fees shall be deposited into the account with the juvenile service fees under § 16-13-326 . (j) (1) In judicial districts having more than one (1) county, the judge may designate the treasurer of one (1) of the counties in the district as the depository of all juvenile fees collected in the district. (2) The treasurer so designated by the court shall maintain a separate account of the juvenile fees collected and expended in each county in the district. (3) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year. (4) The funds derived from the collection of diversion fees shall be used by agreement of the judge or judges of the circuit court designated to hear juvenile cases in their district plan pursuant to Supreme Court Administrative Order No. 14, originally issued April 6, 2001, and the quorum court of the county to provide services and supplies to juveniles at the discretion of the juvenile division of circuit court. (k) (1) The Department of Human Services shall develop a statewide referral protocol for helping to coordinate the delivery of services to sexually exploited children. (2) As used in this section, "sexually exploited child" means a person less than eighteen (18) years of age who has been subject to sexual exploitation because the person: (A) Is a victim of trafficking of persons under § 5-18-103 ; (B) Is a victim of child sex trafficking under 18 U.S.C. § 1591 , as it existed on January 1, 2013; or (C) Engages in an act of prostitution under § 5-70-102 or sexual solicitation under § 5-70-103 . Amended by Act 2019, No. 189,§ 3, eff. 7/1/2020. Amended by Act 2013, No. 1257,§ 7, eff. 8/16/2013 Acts 1989, No. 273, § 22; 1995, No. 1003, § 1; 1997, No. 1118, § 1; 2003, No. 1809, § 4; 2007, No. 1022, § 1; 2011, No. 1202, § 2

(a) If the prosecuting attorney, after consultation with the intake officer, determines that a diversion of a delinquency case is in the best interests of the juvenile and the community, the officer with the consent of the juvenile and his or her parent, guardian, or custodian may attempt to make a satisfactory diversion of a case.

(b) If the intake officer determines that a diversion of a family in need of services case is in the best interest of the juvenile and the community, the officer with the consent of the petitioner, juvenile, and his or her parent, guardian, or custodian may attempt to make a satisfactory diversion of a case.

(c) In addition to the requirements of subsections (a) and (b) of this section, a diversion of a case is subject to the following conditions: (1) The juvenile has admitted his or her involvement in: (A) A delinquent act for a delinquency diversion; or (B) A family in need of services act for a family in need of services diversion; (2) The intake officer advises the juvenile and his or her parent, guardian, or custodian that they have the right to refuse a diversion of the case and demand the filing of a petition and a formal adjudication; (3) Any diversion agreement is entered into voluntarily and intelligently by the juvenile with the advice of his or her attorney or by the juvenile with the consent of a parent, guardian, or custodian if the juvenile is not represented by counsel; (4) The diversion agreement provides for the supervision of a juvenile or the referral of the juvenile to a public or private agency for services not to exceed six (6) months; (5) All other terms of a diversion agreement do not exceed nine (9) months; and (6) The juvenile and his or her parent, guardian, or custodian shall have the right to terminate the diversion agreement at any time and to request the filing of a petition and a formal adjudication.

(1) The juvenile has admitted his or her involvement in: (A) A delinquent act for a delinquency diversion; or (B) A family in need of services act for a family in need of services diversion;

(A) A delinquent act for a delinquency diversion; or

(B) A family in need of services act for a family in need of services diversion;

(2) The intake officer advises the juvenile and his or her parent, guardian, or custodian that they have the right to refuse a diversion of the case and demand the filing of a petition and a formal adjudication;

(3) Any diversion agreement is entered into voluntarily and intelligently by the juvenile with the advice of his or her attorney or by the juvenile with the consent of a parent, guardian, or custodian if the juvenile is not represented by counsel;

(4) The diversion agreement provides for the supervision of a juvenile or the referral of the juvenile to a public or private agency for services not to exceed six (6) months;

(5) All other terms of a diversion agreement do not exceed nine (9) months; and

(6) The juvenile and his or her parent, guardian, or custodian shall have the right to terminate the diversion agreement at any time and to request the filing of a petition and a formal adjudication.

(d) (1) The terms of the diversion agreement shall: (A) Be in writing in simple, ordinary, and understandable language; (B) State that the agreement was entered into voluntarily by the juvenile; (C) Name the attorney or other person who advised the juvenile upon the juvenile's entering into the agreement; and (D) Be signed by all parties to the agreement and by the prosecuting attorney if it is a delinquency case and the offense would constitute a felony if committed by an adult or a family in need of services case pursuant to § 6-18-222 . (2) A copy of the diversion agreement shall be given to the juvenile, the counsel for the juvenile, the parent, guardian, or custodian, and the intake officer, who shall retain the copy in the case file.

(1) The terms of the diversion agreement shall: (A) Be in writing in simple, ordinary, and understandable language; (B) State that the agreement was entered into voluntarily by the juvenile; (C) Name the attorney or other person who advised the juvenile upon the juvenile's entering into the agreement; and (D) Be signed by all parties to the agreement and by the prosecuting attorney if it is a delinquency case and the offense would constitute a felony if committed by an adult or a family in need of services case pursuant to § 6-18-222 .

(A) Be in writing in simple, ordinary, and understandable language;

(B) State that the agreement was entered into voluntarily by the juvenile;

(C) Name the attorney or other person who advised the juvenile upon the juvenile's entering into the agreement; and

(D) Be signed by all parties to the agreement and by the prosecuting attorney if it is a delinquency case and the offense would constitute a felony if committed by an adult or a family in need of services case pursuant to § 6-18-222 .

(2) A copy of the diversion agreement shall be given to the juvenile, the counsel for the juvenile, the parent, guardian, or custodian, and the intake officer, who shall retain the copy in the case file.

(e) Diversion agreements shall be: (1) Implemented by all juvenile courts based on validated assessment tools; and (2) Used to provide for: (A) Nonjudicial probation under the supervision of the intake officer or probation officer for a period during which the juvenile may be required to comply with specified conditions concerning his or her conduct and activities; (B) Participation in a court-approved program of education, counseling, or treatment; (C) Participation in a court-approved teen court; (D) Participation in a juvenile drug court program; (E) Enrollment in the Regional Educational Career Alternative School System for Adjudicated Youth; and (F) (i) Payment of restitution to the victim. (ii) Payments of restitution under subdivision (e)(2)(F)(i) of this section shall be paid under § 16-13-326 .

(1) Implemented by all juvenile courts based on validated assessment tools; and

(2) Used to provide for: (A) Nonjudicial probation under the supervision of the intake officer or probation officer for a period during which the juvenile may be required to comply with specified conditions concerning his or her conduct and activities; (B) Participation in a court-approved program of education, counseling, or treatment; (C) Participation in a court-approved teen court; (D) Participation in a juvenile drug court program; (E) Enrollment in the Regional Educational Career Alternative School System for Adjudicated Youth; and (F) (i) Payment of restitution to the victim. (ii) Payments of restitution under subdivision (e)(2)(F)(i) of this section shall be paid under § 16-13-326 .

(A) Nonjudicial probation under the supervision of the intake officer or probation officer for a period during which the juvenile may be required to comply with specified conditions concerning his or her conduct and activities;

(B) Participation in a court-approved program of education, counseling, or treatment;

(C) Participation in a court-approved teen court;

(D) Participation in a juvenile drug court program;

(E) Enrollment in the Regional Educational Career Alternative School System for Adjudicated Youth; and

(F) (i) Payment of restitution to the victim. (ii) Payments of restitution under subdivision (e)(2)(F)(i) of this section shall be paid under § 16-13-326 .

(i) Payment of restitution to the victim.

(ii) Payments of restitution under subdivision (e)(2)(F)(i) of this section shall be paid under § 16-13-326 .

(f) (1) If a diversion of a complaint has been made, a petition based upon the events out of which the original complaint arose may be filed only during the period for which the agreement was entered into. (2) If a petition is filed within this period, the juvenile's compliance with all proper and reasonable terms of the agreement shall be grounds for dismissal of the petition by the court.

(1) If a diversion of a complaint has been made, a petition based upon the events out of which the original complaint arose may be filed only during the period for which the agreement was entered into.

(2) If a petition is filed within this period, the juvenile's compliance with all proper and reasonable terms of the agreement shall be grounds for dismissal of the petition by the court.

(g) The diversion agreement may be terminated, and the prosecuting attorney in a delinquency case or the petitioner in a family in need of services case may file a petition if at any time during the agreement period: (1) The juvenile or his or her parent, guardian, or custodian declines to further participate in the diversion process; (2) The juvenile fails, without reasonable excuse, to attend a scheduled conference; (3) The juvenile appears unable or unwilling to benefit from the diversion process; or (4) The intake officer becomes apprised of new or additional information that indicates that further efforts at diversion would not be in the best interests of the juvenile or society.

(1) The juvenile or his or her parent, guardian, or custodian declines to further participate in the diversion process;

(2) The juvenile fails, without reasonable excuse, to attend a scheduled conference;

(3) The juvenile appears unable or unwilling to benefit from the diversion process; or

(4) The intake officer becomes apprised of new or additional information that indicates that further efforts at diversion would not be in the best interests of the juvenile or society.

(h) Upon the satisfactory completion of the diversion period: (1) The juvenile shall be dismissed without further proceedings; (2) The intake officer shall furnish written notice of the dismissal to the juvenile and his or her parent, guardian, or custodian; and (3) The complaint and the agreement, and all references thereto, may be expunged by the court from the juvenile's file.

(1) The juvenile shall be dismissed without further proceedings;

(2) The intake officer shall furnish written notice of the dismissal to the juvenile and his or her parent, guardian, or custodian; and

(3) The complaint and the agreement, and all references thereto, may be expunged by the court from the juvenile's file.

(i) (1) A juvenile intake or probation officer may charge a diversion fee only after review of an affidavit of financial means and a determination of the juvenile's or the juvenile's parent's, guardian's, or custodian's ability to pay the fee. (2) The diversion fee shall not exceed twenty dollars ($20.00) per month to the juvenile division of circuit court. (3) The court may direct that the fees be collected by the juvenile officer, sheriff, or court clerk for the county in which the fees are charged. (4) The officer designated by the court to collect diversion fees shall maintain receipts and account for all incoming fees and shall deposit the fees at least weekly into the county treasury of the county where the fees are collected and in which diversion services are provided. (5) The diversion fees shall be deposited into the account with the juvenile service fees under § 16-13-326 .

(1) A juvenile intake or probation officer may charge a diversion fee only after review of an affidavit of financial means and a determination of the juvenile's or the juvenile's parent's, guardian's, or custodian's ability to pay the fee.

(2) The diversion fee shall not exceed twenty dollars ($20.00) per month to the juvenile division of circuit court.

(3) The court may direct that the fees be collected by the juvenile officer, sheriff, or court clerk for the county in which the fees are charged.

(4) The officer designated by the court to collect diversion fees shall maintain receipts and account for all incoming fees and shall deposit the fees at least weekly into the county treasury of the county where the fees are collected and in which diversion services are provided.

(5) The diversion fees shall be deposited into the account with the juvenile service fees under § 16-13-326 .

(j) (1) In judicial districts having more than one (1) county, the judge may designate the treasurer of one (1) of the counties in the district as the depository of all juvenile fees collected in the district. (2) The treasurer so designated by the court shall maintain a separate account of the juvenile fees collected and expended in each county in the district. (3) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year. (4) The funds derived from the collection of diversion fees shall be used by agreement of the judge or judges of the circuit court designated to hear juvenile cases in their district plan pursuant to Supreme Court Administrative Order No. 14, originally issued April 6, 2001, and the quorum court of the county to provide services and supplies to juveniles at the discretion of the juvenile division of circuit court.

(1) In judicial districts having more than one (1) county, the judge may designate the treasurer of one (1) of the counties in the district as the depository of all juvenile fees collected in the district.

(2) The treasurer so designated by the court shall maintain a separate account of the juvenile fees collected and expended in each county in the district.

(3) Money remaining at the end of the fiscal year shall not revert to any other fund but shall carry over to the next fiscal year.

(4) The funds derived from the collection of diversion fees shall be used by agreement of the judge or judges of the circuit court designated to hear juvenile cases in their district plan pursuant to Supreme Court Administrative Order No. 14, originally issued April 6, 2001, and the quorum court of the county to provide services and supplies to juveniles at the discretion of the juvenile division of circuit court.

(k) (1) The Department of Human Services shall develop a statewide referral protocol for helping to coordinate the delivery of services to sexually exploited children. (2) As used in this section, "sexually exploited child" means a person less than eighteen (18) years of age who has been subject to sexual exploitation because the person: (A) Is a victim of trafficking of persons under § 5-18-103 ; (B) Is a victim of child sex trafficking under 18 U.S.C. § 1591 , as it existed on January 1, 2013; or (C) Engages in an act of prostitution under § 5-70-102 or sexual solicitation under § 5-70-103 .

(1) The Department of Human Services shall develop a statewide referral protocol for helping to coordinate the delivery of services to sexually exploited children.

(2) As used in this section, "sexually exploited child" means a person less than eighteen (18) years of age who has been subject to sexual exploitation because the person: (A) Is a victim of trafficking of persons under § 5-18-103 ; (B) Is a victim of child sex trafficking under 18 U.S.C. § 1591 , as it existed on January 1, 2013; or (C) Engages in an act of prostitution under § 5-70-102 or sexual solicitation under § 5-70-103 .

(A) Is a victim of trafficking of persons under § 5-18-103 ;

(B) Is a victim of child sex trafficking under 18 U.S.C. § 1591 , as it existed on January 1, 2013; or

(C) Engages in an act of prostitution under § 5-70-102 or sexual solicitation under § 5-70-103 .

Amended by Act 2019, No. 189,§ 3, eff. 7/1/2020.

Amended by Act 2013, No. 1257,§ 7, eff. 8/16/2013

Acts 1989, No. 273, § 22; 1995, No. 1003, § 1; 1997, No. 1118, § 1; 2003, No. 1809, § 4; 2007, No. 1022, § 1; 2011, No. 1202, § 2
Ark. Code Ann. § 9-11-412 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-412
Time of taking effect
Status: in_force

This subchapter takes effect July 20, 1987, and applies to any premarital agreement executed on or after that date. Acts 1987, No. 715, § 12

This subchapter takes effect July 20, 1987, and applies to any premarital agreement executed on or after that date.

Acts 1987, No. 715, § 12
Ark. Code Ann. § 9-15-402 — AR Code / Title 9 / Chapter 15 / Subchapter 4 / Section 9-15-402
Findings - Purpose
Status: in_force

(a) The General Assembly finds that: (1) There are many resources to support victims of domestic abuse after the abuse has occurred. However, the issues of how to prevent spousal abuse and the possible solution of creating a safety plan for the spouse and the children in the household have received very little attention; (2) Exposure to domestic abuse and spousal abuse has a devastating impact on both the children and adults in households and communities, regardless of whether they are direct victims of abuse or witnesses to it; and (3) Children exposed to such violence at an early age are likely to become either perpetrators of abuse or victims of violence in adulthood, which is a cycle that can only be stopped through intervention and education. (b) The purpose of this subchapter is to reduce the occurrence of spousal abuse and to reduce the exposure of children to spousal abuse by creating a safety plan for the spouse that is a victim of the spousal abuse and for the children in the household. Acts 2007, No. 1414, § 1

(a) The General Assembly finds that: (1) There are many resources to support victims of domestic abuse after the abuse has occurred. However, the issues of how to prevent spousal abuse and the possible solution of creating a safety plan for the spouse and the children in the household have received very little attention; (2) Exposure to domestic abuse and spousal abuse has a devastating impact on both the children and adults in households and communities, regardless of whether they are direct victims of abuse or witnesses to it; and (3) Children exposed to such violence at an early age are likely to become either perpetrators of abuse or victims of violence in adulthood, which is a cycle that can only be stopped through intervention and education.

(1) There are many resources to support victims of domestic abuse after the abuse has occurred. However, the issues of how to prevent spousal abuse and the possible solution of creating a safety plan for the spouse and the children in the household have received very little attention;

(2) Exposure to domestic abuse and spousal abuse has a devastating impact on both the children and adults in households and communities, regardless of whether they are direct victims of abuse or witnesses to it; and

(3) Children exposed to such violence at an early age are likely to become either perpetrators of abuse or victims of violence in adulthood, which is a cycle that can only be stopped through intervention and education.

(b) The purpose of this subchapter is to reduce the occurrence of spousal abuse and to reduce the exposure of children to spousal abuse by creating a safety plan for the spouse that is a victim of the spousal abuse and for the children in the household.

Acts 2007, No. 1414, § 1
Ark. Code Ann. § 9-9-102 — AR Code / Title 9 / Chapter 9 / Subchapter 1 / Section 9-9-102
Preference to relative caregivers for a child in foster care - Religious preference - Removal of barriers to inter-ethnic adoption
Status: in_force

(a) In all custodial placements by the Department of Human Services in foster care or adoption, the court shall give preferential consideration to an adult relative over a nonrelated caregiver, provided that the relative caregiver meets all relevant child protection standards and it is in the best interest of the child to be placed with the relative caregiver. (b) If the genetic parent or parents of the child express a preference for placing the child in a foster home or an adoptive home of the same or a similar religious background to that of the genetic parent or parents, the court shall place the child with a family that meets the genetic parent's religious preference, or if a family is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background. (c) The court shall not deny a petition for adoption on the basis of race, color, or national origin of the adoptive parent or the child involved. Acts 1987, No. 857, § 1; 1995, No. 956, § 1; 1997, No. 216, § 1; 2011, No. 591, § 2

(a) In all custodial placements by the Department of Human Services in foster care or adoption, the court shall give preferential consideration to an adult relative over a nonrelated caregiver, provided that the relative caregiver meets all relevant child protection standards and it is in the best interest of the child to be placed with the relative caregiver.

(b) If the genetic parent or parents of the child express a preference for placing the child in a foster home or an adoptive home of the same or a similar religious background to that of the genetic parent or parents, the court shall place the child with a family that meets the genetic parent's religious preference, or if a family is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background.

(c) The court shall not deny a petition for adoption on the basis of race, color, or national origin of the adoptive parent or the child involved.

Acts 1987, No. 857, § 1; 1995, No. 956, § 1; 1997, No. 216, § 1; 2011, No. 591, § 2
Ark. Code Ann. § 9-32-204 — AR Code / Title 9 / Chapter 32 / Subchapter 2 / Section 9-32-204
Annual performance reports - Arkansas Child Welfare Report Card
Status: in_force

(a) (1) (A) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall issue an annual report on the performance of the child welfare system on a county-by-county basis. (B) The Division of Aging, Adult, and Behavioral Health Services will report information by mental health catchment areas with state totals. (2) This annual report will be known as the "Arkansas Child Welfare Report Card". (b) The Arkansas Child Welfare Report Card shall contain, but not be limited to, for each county and the state as a whole: (1) Client outcome information; (2) Case status information; (3) Compliance information; (4) Management indicators; and (5) Other data specified by the Senate Interim Committee on Children and Youth. (c) The Arkansas Child Welfare Report Card shall be published and transmitted to the Senate Interim Committee on Children and Youth no later than December 1 of each year, and it must be published in a format that can be easily understood by the general public. (d) (1) The Division of Children and Family Services shall report on the fatality or near fatality of a child that is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq. (2) The data on a reported fatality or near fatality shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of the incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the Department of Human Services; and (H) Services offered or provided by the department presently and in the past. (3) The data of a fatality shall also include the name of the child. (e) (1) The department shall report hotline reports received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department. (2) The data on a report of maltreatment on a foster child shall include the: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and type of placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department. (f) (1) The department shall report when a child dies if that child was in an out-of-home placement as defined under § 9-27-303 . (2) The data on the death of a child in an out-of-home placement shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department. (g) The department shall place any noncase-specific recommendations of the department's internal Child Death Review Committee on the department's web page. Amended by Act 2017, No. 913,§ 31, eff. 8/1/2017 Amended by Act 2013, No. 1181,§ 3, eff. 8/16/2013 Acts 1995, No. 1222, § 4; 1997, No. 312, § 5; 2001, No. 1727, § 3; 2009, No. 674, § 3

(a) (1) (A) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall issue an annual report on the performance of the child welfare system on a county-by-county basis. (B) The Division of Aging, Adult, and Behavioral Health Services will report information by mental health catchment areas with state totals. (2) This annual report will be known as the "Arkansas Child Welfare Report Card".

(1) (A) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall issue an annual report on the performance of the child welfare system on a county-by-county basis. (B) The Division of Aging, Adult, and Behavioral Health Services will report information by mental health catchment areas with state totals.

(A) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall issue an annual report on the performance of the child welfare system on a county-by-county basis.

(B) The Division of Aging, Adult, and Behavioral Health Services will report information by mental health catchment areas with state totals.

(2) This annual report will be known as the "Arkansas Child Welfare Report Card".

(b) The Arkansas Child Welfare Report Card shall contain, but not be limited to, for each county and the state as a whole: (1) Client outcome information; (2) Case status information; (3) Compliance information; (4) Management indicators; and (5) Other data specified by the Senate Interim Committee on Children and Youth.

(1) Client outcome information;

(2) Case status information;

(3) Compliance information;

(4) Management indicators; and

(5) Other data specified by the Senate Interim Committee on Children and Youth.

(c) The Arkansas Child Welfare Report Card shall be published and transmitted to the Senate Interim Committee on Children and Youth no later than December 1 of each year, and it must be published in a format that can be easily understood by the general public.

(d) (1) The Division of Children and Family Services shall report on the fatality or near fatality of a child that is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq. (2) The data on a reported fatality or near fatality shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of the incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the Department of Human Services; and (H) Services offered or provided by the department presently and in the past. (3) The data of a fatality shall also include the name of the child.

(1) The Division of Children and Family Services shall report on the fatality or near fatality of a child that is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq.

(2) The data on a reported fatality or near fatality shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of the incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the Department of Human Services; and (H) Services offered or provided by the department presently and in the past.

(A) Age, race, and gender of the child;

(B) Date of the child's death or incident;

(C) Allegations or preliminary cause of death or incident;

(D) County and type of placement of the child at the time of the incident;

(E) Generic relationship of the alleged offender to the child;

(F) Agency conducting the investigation;

(G) Legal action by the Department of Human Services; and

(H) Services offered or provided by the department presently and in the past.

(3) The data of a fatality shall also include the name of the child.

(e) (1) The department shall report hotline reports received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department. (2) The data on a report of maltreatment on a foster child shall include the: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and type of placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department.

(1) The department shall report hotline reports received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department.

(2) The data on a report of maltreatment on a foster child shall include the: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and type of placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department.

(A) Age, race, and gender of the child;

(B) Allegations of maltreatment;

(C) County and type of placement of the child at the time of the incident;

(D) Generic relationship of the alleged offender to the child; and

(E) Action taken by the department.

(f) (1) The department shall report when a child dies if that child was in an out-of-home placement as defined under § 9-27-303 . (2) The data on the death of a child in an out-of-home placement shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department.

(1) The department shall report when a child dies if that child was in an out-of-home placement as defined under § 9-27-303 .

(2) The data on the death of a child in an out-of-home placement shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department.

(A) Age, race, and gender of the child;

(B) Date of the child's death;

(C) Preliminary cause of death;

(D) County and type of placement of the child at the time of the incident; and

(E) Action by the department.

(g) The department shall place any noncase-specific recommendations of the department's internal Child Death Review Committee on the department's web page.

Amended by Act 2017, No. 913,§ 31, eff. 8/1/2017

Amended by Act 2013, No. 1181,§ 3, eff. 8/16/2013

Acts 1995, No. 1222, § 4; 1997, No. 312, § 5; 2001, No. 1727, § 3; 2009, No. 674, § 3
Ark. Code Ann. § 9-27-306 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-306
Jurisdiction
Status: in_force

(a) (1) The circuit court shall have exclusive original jurisdiction of and shall be the sole court for the following proceedings governed by this subchapter, including without limitation: (A) (i) Proceedings in which a juvenile is alleged to be delinquent as defined in this subchapter, including juveniles ten (10) to eighteen (18) years of age. (ii) The court may retain jurisdiction of a juvenile delinquent up to twenty-one (21) years of age if the juvenile committed the delinquent act before reaching eighteen (18) years of age; (B) Proceedings in which a juvenile is alleged to be dependent or dependent-neglected from birth to eighteen (18) years of age, except for the following: (i) (a) A juvenile who has been adjudicated dependent or dependent-neglected before eighteen (18) years of age may request the court to continue jurisdiction over the juvenile until twenty-one (21) years of age so long as the juvenile is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution providing postsecondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of completing school or work requirements due to a documented medical condition. (b) The court shall retain jurisdiction only if the juvenile meets the requirements of subdivision (a)(1)(B)(i) (a) of this section or has a viable plan to meet the requirements. (c) The court shall discontinue jurisdiction only after a hearing to determine whether: (1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and (2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or (ii) A juvenile may contact his or her attorney ad litem to petition the court to return to the court's jurisdiction if the juvenile: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age; and (c) Left foster care but desires to submit to the jurisdiction of the court before reaching twenty-one (21) years of age to benefit from extended foster care; (C) Proceedings in which emergency custody or a seventy-two-hour hold has been taken on a juvenile under § 9-27-313 or the Child Maltreatment Act, § 12-18-101 et seq.; (D) Proceedings in which a family is alleged to be in need of services as defined by this subchapter, which shall include juveniles from birth to eighteen (18) years of age, except for the following: (i) A juvenile whose family has been adjudicated as a family in need of services and who is in foster care before eighteen (18) years of age may request that the court continue jurisdiction until twenty-one (21) years of age if the requirements in subdivision (a)(1)(B)(i) (a) of this section are met; (ii) The court shall retain jurisdiction only if the juvenile meets or has a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section; or (iii) The court shall discontinue jurisdiction upon request of the juvenile or when the juvenile completes or is discontinued from the requirements to receive independent living services; (E) Proceedings for termination of parental rights for a juvenile under this subchapter; (F) Proceedings in which custody of a juvenile is transferred to the department; (G) Proceedings for which a juvenile is alleged to be an extended juvenile jurisdiction offender under § 9-27-501 et seq.; (H) Proceedings for which a juvenile is transferred to the juvenile division of circuit court from the criminal division of circuit court under § 9-27-318 ; (I) Custodial placement proceedings filed by the department; and (J) Proceedings in dependency-neglect or family in need of services matters to set aside an order of permanent custody upon the disruption of the placement. (2) A juvenile shall not under any circumstance remain under the court's jurisdiction past twenty-one (21) years of age. (3) (A) When the department exercises custody of a juvenile under the Child Maltreatment Act, § 12-18-101 et seq., files a petition for an ex parte emergency order, or files a petition for dependency-neglect concerning that juvenile, before or subsequent to the other legal proceeding, a party to that petition may file a motion to transfer any other legal proceeding concerning the juvenile to the court hearing the dependency-neglect petition. (B) Upon the filing of a motion, the other legal proceeding shall be transferred to the court hearing the dependency-neglect case. (4) The court shall retain jurisdiction to issue orders of adoption, interlocutory or final, if a juvenile is placed outside the State of Arkansas. (b) The assignment of cases to the juvenile division of the circuit court shall be as described by the Supreme Court in Administrative Order Number 14, originally issued April 6, 2001. (c) (1) The circuit court shall have concurrent jurisdiction with the district court over juvenile curfew violations. (2) For juvenile curfew violations, the prosecutor may file a family in need of services petition in circuit court or a citation in district court. (d) The circuit court shall have jurisdiction to hear proceedings commenced in any court of this state or court of comparable jurisdiction of another state that are transferred to it under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq. (e) Regardless of funding, a juvenile will be allowed to return to foster care if: (1) Evidence is presented to the circuit court that the department failed to comply with §§ 9-27-363 and 9-28-114 or if there is evidence that the juvenile was coerced by an employee or agent of the department to leave foster care; or (2) The juvenile submits a request to reenter foster care in writing or verbally to the department. (f) If a juvenile over eighteen (18) years of age who is allowed to reenter extended foster care fails to be engaged in or have a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section or have a viable plan to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section for more than sixty (60) days, the department may: (1) File a motion to terminate the jurisdiction of the court and discharge the juvenile from foster care; or (2) Provide notice to the juvenile not under the jurisdiction of the court that his or her case will be closed and discharge the juvenile from foster care. Amended by Act 2023, No. 363,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 791,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 791,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 316,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 875,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 5; 1993, No. 468, § 5; 1995, No. 533, § 1; 2001, No. 987, § 1; 2001, No. 1262, § 1; 2003, No. 1166, § 4; 2003, No. 1319, § 9; 2005, No. 1191, § 2; 2005, No. 1990, § 2; 2007, No. 257, § 1; 2009, No. 758, §§ 9, 10; 2009, No. 956, § 6; 2011, No. 792, §§ 6, 7

(a) (1) The circuit court shall have exclusive original jurisdiction of and shall be the sole court for the following proceedings governed by this subchapter, including without limitation: (A) (i) Proceedings in which a juvenile is alleged to be delinquent as defined in this subchapter, including juveniles ten (10) to eighteen (18) years of age. (ii) The court may retain jurisdiction of a juvenile delinquent up to twenty-one (21) years of age if the juvenile committed the delinquent act before reaching eighteen (18) years of age; (B) Proceedings in which a juvenile is alleged to be dependent or dependent-neglected from birth to eighteen (18) years of age, except for the following: (i) (a) A juvenile who has been adjudicated dependent or dependent-neglected before eighteen (18) years of age may request the court to continue jurisdiction over the juvenile until twenty-one (21) years of age so long as the juvenile is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution providing postsecondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of completing school or work requirements due to a documented medical condition. (b) The court shall retain jurisdiction only if the juvenile meets the requirements of subdivision (a)(1)(B)(i) (a) of this section or has a viable plan to meet the requirements. (c) The court shall discontinue jurisdiction only after a hearing to determine whether: (1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and (2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or (ii) A juvenile may contact his or her attorney ad litem to petition the court to return to the court's jurisdiction if the juvenile: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age; and (c) Left foster care but desires to submit to the jurisdiction of the court before reaching twenty-one (21) years of age to benefit from extended foster care; (C) Proceedings in which emergency custody or a seventy-two-hour hold has been taken on a juvenile under § 9-27-313 or the Child Maltreatment Act, § 12-18-101 et seq.; (D) Proceedings in which a family is alleged to be in need of services as defined by this subchapter, which shall include juveniles from birth to eighteen (18) years of age, except for the following: (i) A juvenile whose family has been adjudicated as a family in need of services and who is in foster care before eighteen (18) years of age may request that the court continue jurisdiction until twenty-one (21) years of age if the requirements in subdivision (a)(1)(B)(i) (a) of this section are met; (ii) The court shall retain jurisdiction only if the juvenile meets or has a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section; or (iii) The court shall discontinue jurisdiction upon request of the juvenile or when the juvenile completes or is discontinued from the requirements to receive independent living services; (E) Proceedings for termination of parental rights for a juvenile under this subchapter; (F) Proceedings in which custody of a juvenile is transferred to the department; (G) Proceedings for which a juvenile is alleged to be an extended juvenile jurisdiction offender under § 9-27-501 et seq.; (H) Proceedings for which a juvenile is transferred to the juvenile division of circuit court from the criminal division of circuit court under § 9-27-318 ; (I) Custodial placement proceedings filed by the department; and (J) Proceedings in dependency-neglect or family in need of services matters to set aside an order of permanent custody upon the disruption of the placement. (2) A juvenile shall not under any circumstance remain under the court's jurisdiction past twenty-one (21) years of age. (3) (A) When the department exercises custody of a juvenile under the Child Maltreatment Act, § 12-18-101 et seq., files a petition for an ex parte emergency order, or files a petition for dependency-neglect concerning that juvenile, before or subsequent to the other legal proceeding, a party to that petition may file a motion to transfer any other legal proceeding concerning the juvenile to the court hearing the dependency-neglect petition. (B) Upon the filing of a motion, the other legal proceeding shall be transferred to the court hearing the dependency-neglect case. (4) The court shall retain jurisdiction to issue orders of adoption, interlocutory or final, if a juvenile is placed outside the State of Arkansas.

(1) The circuit court shall have exclusive original jurisdiction of and shall be the sole court for the following proceedings governed by this subchapter, including without limitation: (A) (i) Proceedings in which a juvenile is alleged to be delinquent as defined in this subchapter, including juveniles ten (10) to eighteen (18) years of age. (ii) The court may retain jurisdiction of a juvenile delinquent up to twenty-one (21) years of age if the juvenile committed the delinquent act before reaching eighteen (18) years of age; (B) Proceedings in which a juvenile is alleged to be dependent or dependent-neglected from birth to eighteen (18) years of age, except for the following: (i) (a) A juvenile who has been adjudicated dependent or dependent-neglected before eighteen (18) years of age may request the court to continue jurisdiction over the juvenile until twenty-one (21) years of age so long as the juvenile is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution providing postsecondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of completing school or work requirements due to a documented medical condition. (b) The court shall retain jurisdiction only if the juvenile meets the requirements of subdivision (a)(1)(B)(i) (a) of this section or has a viable plan to meet the requirements. (c) The court shall discontinue jurisdiction only after a hearing to determine whether: (1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and (2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or (ii) A juvenile may contact his or her attorney ad litem to petition the court to return to the court's jurisdiction if the juvenile: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age; and (c) Left foster care but desires to submit to the jurisdiction of the court before reaching twenty-one (21) years of age to benefit from extended foster care; (C) Proceedings in which emergency custody or a seventy-two-hour hold has been taken on a juvenile under § 9-27-313 or the Child Maltreatment Act, § 12-18-101 et seq.; (D) Proceedings in which a family is alleged to be in need of services as defined by this subchapter, which shall include juveniles from birth to eighteen (18) years of age, except for the following: (i) A juvenile whose family has been adjudicated as a family in need of services and who is in foster care before eighteen (18) years of age may request that the court continue jurisdiction until twenty-one (21) years of age if the requirements in subdivision (a)(1)(B)(i) (a) of this section are met; (ii) The court shall retain jurisdiction only if the juvenile meets or has a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section; or (iii) The court shall discontinue jurisdiction upon request of the juvenile or when the juvenile completes or is discontinued from the requirements to receive independent living services; (E) Proceedings for termination of parental rights for a juvenile under this subchapter; (F) Proceedings in which custody of a juvenile is transferred to the department; (G) Proceedings for which a juvenile is alleged to be an extended juvenile jurisdiction offender under § 9-27-501 et seq.; (H) Proceedings for which a juvenile is transferred to the juvenile division of circuit court from the criminal division of circuit court under § 9-27-318 ; (I) Custodial placement proceedings filed by the department; and (J) Proceedings in dependency-neglect or family in need of services matters to set aside an order of permanent custody upon the disruption of the placement.

(A) (i) Proceedings in which a juvenile is alleged to be delinquent as defined in this subchapter, including juveniles ten (10) to eighteen (18) years of age. (ii) The court may retain jurisdiction of a juvenile delinquent up to twenty-one (21) years of age if the juvenile committed the delinquent act before reaching eighteen (18) years of age;

(i) Proceedings in which a juvenile is alleged to be delinquent as defined in this subchapter, including juveniles ten (10) to eighteen (18) years of age.

(ii) The court may retain jurisdiction of a juvenile delinquent up to twenty-one (21) years of age if the juvenile committed the delinquent act before reaching eighteen (18) years of age;

(B) Proceedings in which a juvenile is alleged to be dependent or dependent-neglected from birth to eighteen (18) years of age, except for the following: (i) (a) A juvenile who has been adjudicated dependent or dependent-neglected before eighteen (18) years of age may request the court to continue jurisdiction over the juvenile until twenty-one (21) years of age so long as the juvenile is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution providing postsecondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of completing school or work requirements due to a documented medical condition. (b) The court shall retain jurisdiction only if the juvenile meets the requirements of subdivision (a)(1)(B)(i) (a) of this section or has a viable plan to meet the requirements. (c) The court shall discontinue jurisdiction only after a hearing to determine whether: (1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and (2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or (ii) A juvenile may contact his or her attorney ad litem to petition the court to return to the court's jurisdiction if the juvenile: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age; and (c) Left foster care but desires to submit to the jurisdiction of the court before reaching twenty-one (21) years of age to benefit from extended foster care;

(i) (a) A juvenile who has been adjudicated dependent or dependent-neglected before eighteen (18) years of age may request the court to continue jurisdiction over the juvenile until twenty-one (21) years of age so long as the juvenile is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution providing postsecondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of completing school or work requirements due to a documented medical condition. (b) The court shall retain jurisdiction only if the juvenile meets the requirements of subdivision (a)(1)(B)(i) (a) of this section or has a viable plan to meet the requirements. (c) The court shall discontinue jurisdiction only after a hearing to determine whether: (1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and (2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or

(a) A juvenile who has been adjudicated dependent or dependent-neglected before eighteen (18) years of age may request the court to continue jurisdiction over the juvenile until twenty-one (21) years of age so long as the juvenile is: (1) Completing secondary education or a program leading to an equivalent credential; (2) Enrolled in an institution providing postsecondary or vocational education; (3) Participating in a program or activity designed to promote or remove barriers to employment; (4) Employed for at least eighty (80) hours per month; or (5) Incapable of completing school or work requirements due to a documented medical condition.

(1) Completing secondary education or a program leading to an equivalent credential;

(2) Enrolled in an institution providing postsecondary or vocational education;

(3) Participating in a program or activity designed to promote or remove barriers to employment;

(4) Employed for at least eighty (80) hours per month; or

(5) Incapable of completing school or work requirements due to a documented medical condition.

(b) The court shall retain jurisdiction only if the juvenile meets the requirements of subdivision (a)(1)(B)(i) (a) of this section or has a viable plan to meet the requirements.

(c) The court shall discontinue jurisdiction only after a hearing to determine whether: (1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and (2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or

(1) The juvenile: (A) Knowingly and voluntarily is requesting to leave care; (B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or (C) Does not have a viable plan to meet the requirements; and

(A) Knowingly and voluntarily is requesting to leave care;

(B) Has failed to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section; or

(C) Does not have a viable plan to meet the requirements; and

(2) The Department of Human Services has fully complied with §§ 9-27-363 and 9-28-114 ; or

(ii) A juvenile may contact his or her attorney ad litem to petition the court to return to the court's jurisdiction if the juvenile: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age; and (c) Left foster care but desires to submit to the jurisdiction of the court before reaching twenty-one (21) years of age to benefit from extended foster care;

(a) Was adjudicated dependent or dependent-neglected;

(b) Was in foster care at eighteen (18) years of age; and

(c) Left foster care but desires to submit to the jurisdiction of the court before reaching twenty-one (21) years of age to benefit from extended foster care;

(C) Proceedings in which emergency custody or a seventy-two-hour hold has been taken on a juvenile under § 9-27-313 or the Child Maltreatment Act, § 12-18-101 et seq.;

(D) Proceedings in which a family is alleged to be in need of services as defined by this subchapter, which shall include juveniles from birth to eighteen (18) years of age, except for the following: (i) A juvenile whose family has been adjudicated as a family in need of services and who is in foster care before eighteen (18) years of age may request that the court continue jurisdiction until twenty-one (21) years of age if the requirements in subdivision (a)(1)(B)(i) (a) of this section are met; (ii) The court shall retain jurisdiction only if the juvenile meets or has a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section; or (iii) The court shall discontinue jurisdiction upon request of the juvenile or when the juvenile completes or is discontinued from the requirements to receive independent living services;

(i) A juvenile whose family has been adjudicated as a family in need of services and who is in foster care before eighteen (18) years of age may request that the court continue jurisdiction until twenty-one (21) years of age if the requirements in subdivision (a)(1)(B)(i) (a) of this section are met;

(ii) The court shall retain jurisdiction only if the juvenile meets or has a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section; or

(iii) The court shall discontinue jurisdiction upon request of the juvenile or when the juvenile completes or is discontinued from the requirements to receive independent living services;

(E) Proceedings for termination of parental rights for a juvenile under this subchapter;

(F) Proceedings in which custody of a juvenile is transferred to the department;

(G) Proceedings for which a juvenile is alleged to be an extended juvenile jurisdiction offender under § 9-27-501 et seq.;

(H) Proceedings for which a juvenile is transferred to the juvenile division of circuit court from the criminal division of circuit court under § 9-27-318 ;

(I) Custodial placement proceedings filed by the department; and

(J) Proceedings in dependency-neglect or family in need of services matters to set aside an order of permanent custody upon the disruption of the placement.

(2) A juvenile shall not under any circumstance remain under the court's jurisdiction past twenty-one (21) years of age.

(3) (A) When the department exercises custody of a juvenile under the Child Maltreatment Act, § 12-18-101 et seq., files a petition for an ex parte emergency order, or files a petition for dependency-neglect concerning that juvenile, before or subsequent to the other legal proceeding, a party to that petition may file a motion to transfer any other legal proceeding concerning the juvenile to the court hearing the dependency-neglect petition. (B) Upon the filing of a motion, the other legal proceeding shall be transferred to the court hearing the dependency-neglect case.

(A) When the department exercises custody of a juvenile under the Child Maltreatment Act, § 12-18-101 et seq., files a petition for an ex parte emergency order, or files a petition for dependency-neglect concerning that juvenile, before or subsequent to the other legal proceeding, a party to that petition may file a motion to transfer any other legal proceeding concerning the juvenile to the court hearing the dependency-neglect petition.

(B) Upon the filing of a motion, the other legal proceeding shall be transferred to the court hearing the dependency-neglect case.

(4) The court shall retain jurisdiction to issue orders of adoption, interlocutory or final, if a juvenile is placed outside the State of Arkansas.

(b) The assignment of cases to the juvenile division of the circuit court shall be as described by the Supreme Court in Administrative Order Number 14, originally issued April 6, 2001.

(c) (1) The circuit court shall have concurrent jurisdiction with the district court over juvenile curfew violations. (2) For juvenile curfew violations, the prosecutor may file a family in need of services petition in circuit court or a citation in district court.

(1) The circuit court shall have concurrent jurisdiction with the district court over juvenile curfew violations.

(2) For juvenile curfew violations, the prosecutor may file a family in need of services petition in circuit court or a citation in district court.

(d) The circuit court shall have jurisdiction to hear proceedings commenced in any court of this state or court of comparable jurisdiction of another state that are transferred to it under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.

(e) Regardless of funding, a juvenile will be allowed to return to foster care if: (1) Evidence is presented to the circuit court that the department failed to comply with §§ 9-27-363 and 9-28-114 or if there is evidence that the juvenile was coerced by an employee or agent of the department to leave foster care; or (2) The juvenile submits a request to reenter foster care in writing or verbally to the department.

(1) Evidence is presented to the circuit court that the department failed to comply with §§ 9-27-363 and 9-28-114 or if there is evidence that the juvenile was coerced by an employee or agent of the department to leave foster care; or

(2) The juvenile submits a request to reenter foster care in writing or verbally to the department.

(f) If a juvenile over eighteen (18) years of age who is allowed to reenter extended foster care fails to be engaged in or have a viable plan to meet the requirements in subdivision (a)(1)(B)(i) (a) of this section or have a viable plan to meet the requirements of subdivision (a)(1)(B)(i) (a) of this section for more than sixty (60) days, the department may: (1) File a motion to terminate the jurisdiction of the court and discharge the juvenile from foster care; or (2) Provide notice to the juvenile not under the jurisdiction of the court that his or her case will be closed and discharge the juvenile from foster care.

(1) File a motion to terminate the jurisdiction of the court and discharge the juvenile from foster care; or

(2) Provide notice to the juvenile not under the jurisdiction of the court that his or her case will be closed and discharge the juvenile from foster care.

Amended by Act 2023, No. 363,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 4, eff. 8/1/2023.

Amended by Act 2021, No. 791,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 791,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 316,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 875,§ 1, eff. 7/22/2015

Acts 1989, No. 273, § 5; 1993, No. 468, § 5; 1995, No. 533, § 1; 2001, No. 987, § 1; 2001, No. 1262, § 1; 2003, No. 1166, § 4; 2003, No. 1319, § 9; 2005, No. 1191, § 2; 2005, No. 1990, § 2; 2007, No. 257, § 1; 2009, No. 758, §§ 9, 10; 2009, No. 956, § 6; 2011, No. 792, §§ 6, 7
Ark. Code Ann. § 9-15-403 — AR Code / Title 9 / Chapter 15 / Subchapter 4 / Section 9-15-403
Definitions
Status: in_force

As used in this subchapter: (1) "Emotional abuse" means any of the following acts: (A) Verbally attacking or threatening a spouse by yelling, screaming, or name-calling; (B) Using criticism, social isolation, intimidation, or exploitation to dominate a spouse; (C) Criminally harassing a spouse; (D) Stalking a spouse; (E) Threatening a spouse or his or her loved ones; (F) Damaging a spouse's possessions; or (G) Harming the pet of a spouse; (2) (A) "Physical abuse" means any of the following acts: (i) Using physical force in a way that injures a spouse or puts him or her at risk of being injured; or (ii) Beating, hitting, shaking, pushing, choking, biting, burning, kicking, or assaulting a spouse with a weapon. (B) "Physical abuse" may consist of one (1) or more incidents described under subdivision (2)(A) of this section; (3) (A) "Sexual abuse" means any of the following acts: (i) Forcing a spouse to participate in unwanted, unsafe, or degrading sexual activity; or (ii) Using ridicule or other tactics to try to denigrate, control, or limit a spouse's sexuality or reproductive choices. (B) "Sexual abuse" includes rape, sexual assault, or sexual harassment; and (4) (A) "Spousal abuse" means an act of violence or mistreatment that a woman or a man may experience at the hands of his or her marital partner, regardless of the timing of the act in terms of the stage of the relationship. (B) "Spousal abuse" includes any of the following committed by a spouse against his or her spouse: (i) Emotional abuse; (ii) Physical abuse; or (iii) Sexual abuse. Acts 2007, No. 1414, § 1

As used in this subchapter:

(1) "Emotional abuse" means any of the following acts: (A) Verbally attacking or threatening a spouse by yelling, screaming, or name-calling; (B) Using criticism, social isolation, intimidation, or exploitation to dominate a spouse; (C) Criminally harassing a spouse; (D) Stalking a spouse; (E) Threatening a spouse or his or her loved ones; (F) Damaging a spouse's possessions; or (G) Harming the pet of a spouse;

(A) Verbally attacking or threatening a spouse by yelling, screaming, or name-calling;

(B) Using criticism, social isolation, intimidation, or exploitation to dominate a spouse;

(C) Criminally harassing a spouse;

(D) Stalking a spouse;

(E) Threatening a spouse or his or her loved ones;

(F) Damaging a spouse's possessions; or

(G) Harming the pet of a spouse;

(2) (A) "Physical abuse" means any of the following acts: (i) Using physical force in a way that injures a spouse or puts him or her at risk of being injured; or (ii) Beating, hitting, shaking, pushing, choking, biting, burning, kicking, or assaulting a spouse with a weapon. (B) "Physical abuse" may consist of one (1) or more incidents described under subdivision (2)(A) of this section;

(A) "Physical abuse" means any of the following acts: (i) Using physical force in a way that injures a spouse or puts him or her at risk of being injured; or (ii) Beating, hitting, shaking, pushing, choking, biting, burning, kicking, or assaulting a spouse with a weapon.

(i) Using physical force in a way that injures a spouse or puts him or her at risk of being injured; or

(ii) Beating, hitting, shaking, pushing, choking, biting, burning, kicking, or assaulting a spouse with a weapon.

(B) "Physical abuse" may consist of one (1) or more incidents described under subdivision (2)(A) of this section;

(3) (A) "Sexual abuse" means any of the following acts: (i) Forcing a spouse to participate in unwanted, unsafe, or degrading sexual activity; or (ii) Using ridicule or other tactics to try to denigrate, control, or limit a spouse's sexuality or reproductive choices. (B) "Sexual abuse" includes rape, sexual assault, or sexual harassment; and

(A) "Sexual abuse" means any of the following acts: (i) Forcing a spouse to participate in unwanted, unsafe, or degrading sexual activity; or (ii) Using ridicule or other tactics to try to denigrate, control, or limit a spouse's sexuality or reproductive choices.

(i) Forcing a spouse to participate in unwanted, unsafe, or degrading sexual activity; or

(ii) Using ridicule or other tactics to try to denigrate, control, or limit a spouse's sexuality or reproductive choices.

(B) "Sexual abuse" includes rape, sexual assault, or sexual harassment; and

(4) (A) "Spousal abuse" means an act of violence or mistreatment that a woman or a man may experience at the hands of his or her marital partner, regardless of the timing of the act in terms of the stage of the relationship. (B) "Spousal abuse" includes any of the following committed by a spouse against his or her spouse: (i) Emotional abuse; (ii) Physical abuse; or (iii) Sexual abuse.

(A) "Spousal abuse" means an act of violence or mistreatment that a woman or a man may experience at the hands of his or her marital partner, regardless of the timing of the act in terms of the stage of the relationship.

(B) "Spousal abuse" includes any of the following committed by a spouse against his or her spouse: (i) Emotional abuse; (ii) Physical abuse; or (iii) Sexual abuse.

(i) Emotional abuse;

(ii) Physical abuse; or

(iii) Sexual abuse.

Acts 2007, No. 1414, § 1
Ark. Code Ann. § 9-2-102 — AR Code / Title 9 / Chapter 2 / Section 9-2-102
Name change - Use of new name
Status: in_force

Any person whose name may be so changed by judgment or decree of any of the circuit courts shall afterward be known and designated, sue and be sued, plead and be impleaded, by the name thus conferred, except that records of persons under the jurisdiction and supervision of the Division of Correction shall continue to reflect the name as committed to the division's jurisdiction and supervision by the various circuit courts of the State of Arkansas. Amended by Act 2019, No. 910,§ 689, eff. 7/1/2019. Acts 1851, § 3, p. 72; C. & M. Dig., § 7758; Pope's Dig., § 10125; A.S.A. 1947, § 34-803; Acts 1989, No. 52, § 2

Any person whose name may be so changed by judgment or decree of any of the circuit courts shall afterward be known and designated, sue and be sued, plead and be impleaded, by the name thus conferred, except that records of persons under the jurisdiction and supervision of the Division of Correction shall continue to reflect the name as committed to the division's jurisdiction and supervision by the various circuit courts of the State of Arkansas.

Amended by Act 2019, No. 910,§ 689, eff. 7/1/2019.

Acts 1851, § 3, p. 72; C. & M. Dig., § 7758; Pope's Dig., § 10125; A.S.A. 1947, § 34-803; Acts 1989, No. 52, § 2
Ark. Code Ann. § 9-19-401 — AR Code / Title 9 / Chapter 19 / Subchapter 4 / Section 9-19-401
Application and construction
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Acts 1999, No. 668, § 401

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Acts 1999, No. 668, § 401
Ark. Code Ann. § 9-8-101 — AR Code / Title 9 / Chapter 8 / Subchapter 1 / Section 9-8-101
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means a person under eighteen (18) years of age; (2) "Division" means the Division of Children and Family Services of the Department of Human Services; (3) "Investigation" means the process of obtaining a home study, home report, home assessment, home evaluation, or marital study; (4) "Licensed social worker" means a social worker authorized to perform home studies or supervised visits under the Social Work Licensing Act, § 17-103-101 et seq.; (5) "Rules" means rules promulgated by the division for the purpose of implementing this subchapter pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (6) "Study" means home study, home report, home assessment, home evaluation, or marital study; and (7) "Supervision" means periodic visitation to the home or school or other places for monitoring or observation to determine a child's situation or condition or to regulate or facilitate visitation and may include court appearances to provide testimony on the visitation. Amended by Act 2019, No. 315,§ 703, eff. 7/24/2019. Acts 1991, No. 1081, § 1; 2001, No. 1420, § 1

As used in this subchapter:

(1) "Child" means a person under eighteen (18) years of age;

(2) "Division" means the Division of Children and Family Services of the Department of Human Services;

(3) "Investigation" means the process of obtaining a home study, home report, home assessment, home evaluation, or marital study;

(4) "Licensed social worker" means a social worker authorized to perform home studies or supervised visits under the Social Work Licensing Act, § 17-103-101 et seq.;

(5) "Rules" means rules promulgated by the division for the purpose of implementing this subchapter pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(6) "Study" means home study, home report, home assessment, home evaluation, or marital study; and

(7) "Supervision" means periodic visitation to the home or school or other places for monitoring or observation to determine a child's situation or condition or to regulate or facilitate visitation and may include court appearances to provide testimony on the visitation.

Amended by Act 2019, No. 315,§ 703, eff. 7/24/2019.

Acts 1991, No. 1081, § 1; 2001, No. 1420, § 1
Ark. Code Ann. § 9-27-507 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-507
Extended juvenile jurisdiction court review hearing
Status: in_force

(a) The state may petition the circuit court at any time to impose an adult sentence if the juvenile: (1) Has violated a juvenile disposition order; (2) Has been adjudicated delinquent or found guilty of committing a new offense; or (3) Is not amenable to rehabilitation in the juvenile system. (b) If the court finds by a preponderance of the evidence that the juvenile has violated a juvenile disposition order, has been found delinquent or guilty of committing a new offense, or is not amenable to rehabilitation in the juvenile system, the court may: (1) Amend or add any juvenile disposition authorized by § 9-27-330 ; or (2) (A) (i) Exercise its discretion to impose the full range of adult sentencing available in the criminal division of circuit court, including probation, suspended imposition of sentence, and imprisonment. (ii) However, a sentence of imprisonment shall not exceed forty (40) years except for juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , who may be sentenced for any term, up to and including life. (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders. (C) A juvenile shall receive credit for time served in a juvenile detention facility or any juvenile facility. (D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years. (c) (1) (A) The juvenile may petition the court to review and modify the disposition at any time. (B) If the juvenile's initial petition is denied, the juvenile must wait one (1) year from the date of the denial to file a new petition for modification. (2) (A) The Department of Human Services may petition the court to review and modify the disposition at any time. (B) If the department's initial petition for review and modification is denied, the department must wait one (1) year from the date of the denial to file a new petition for review and modification unless the department has clear and convincing new evidence that the juvenile has been rehabilitated. (d) (1) If the state or the juvenile files a petition to modify the court's disposition order before six (6) months prior to the juvenile's eighteenth birthday, the filing party bears the burden of proof. (2) If the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, then the State of Arkansas or the juvenile may petition the court after the juvenile's eighteenth birthday but no later than six (6) months before the juvenile's twenty-first birthday. (e) (1) If no hearing has been conducted six (6) months before the juvenile's eighteenth birthday or no later than six (6) months before the juvenile's twenty-first birthday if the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, the court shall conduct a hearing to determine whether to release the juvenile, amend or add any juvenile disposition, or impose an adult sentence. (2) In making its determination, the court shall consider the following: (A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (B) The nature of the offense or offenses and the manner in which the offense or offenses were committed; (C) The recommendations of the professionals who have worked with the juvenile; (D) The protection of public safety; (E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation; and (F) Victim impact evidence admitted pursuant to § 16-97-103 . (3) If the state seeks to impose an adult sentence, the state must prove by a preponderance of the evidence that the imposition of an adult sentence is appropriate and that public safety requires imposition. (4) (A) Following a hearing, the court may enter any of the following dispositions: (i) Release the juvenile; (ii) Amend or add any juvenile disposition; and (iii) (a) Exercise its discretion to impose the full range of sentencing available in circuit court, including probation, suspended imposition of sentence, and imprisonment. (b) A sentence of imprisonment shall not exceed forty (40) years, except juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , may be sentenced for any term, up to and including life. (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders. (C) A juvenile shall receive credit for time served in a juvenile detention or any juvenile facility. (D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years. (5) (A) A juvenile committed to the Division of Youth Services under extended juvenile jurisdiction shall not remain in the physical custody of the division beyond the date of his or her twenty-first birthday, even if the court fails to provide a hearing before the release. (B) If a court order imposing an adult sentence or granting the absolute release of a juvenile is not entered on or before the juvenile's twenty-first birthday, the division shall release the juvenile from its custody. (C) Nothing in this subdivision (e)(5) shall limit the court's jurisdiction to impose a period of probation on offenders adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , as required by subdivision (b)(2)(D) of this section. Amended by Act 2023, No. 659,§ 51, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 50, eff. 1/1/2024. Amended by Act 2015, No. 1085,§ 1, eff. 7/22/2015 Acts 1999, No. 1192, § 7; 2001, No. 1582, § 4; 2003, No. 1166, § 31; 2005, No. 1191, §§ 8, 9; 2009, No. 338, § 1

(a) The state may petition the circuit court at any time to impose an adult sentence if the juvenile: (1) Has violated a juvenile disposition order; (2) Has been adjudicated delinquent or found guilty of committing a new offense; or (3) Is not amenable to rehabilitation in the juvenile system.

(1) Has violated a juvenile disposition order;

(2) Has been adjudicated delinquent or found guilty of committing a new offense; or

(3) Is not amenable to rehabilitation in the juvenile system.

(b) If the court finds by a preponderance of the evidence that the juvenile has violated a juvenile disposition order, has been found delinquent or guilty of committing a new offense, or is not amenable to rehabilitation in the juvenile system, the court may: (1) Amend or add any juvenile disposition authorized by § 9-27-330 ; or (2) (A) (i) Exercise its discretion to impose the full range of adult sentencing available in the criminal division of circuit court, including probation, suspended imposition of sentence, and imprisonment. (ii) However, a sentence of imprisonment shall not exceed forty (40) years except for juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , who may be sentenced for any term, up to and including life. (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders. (C) A juvenile shall receive credit for time served in a juvenile detention facility or any juvenile facility. (D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.

(1) Amend or add any juvenile disposition authorized by § 9-27-330 ; or

(2) (A) (i) Exercise its discretion to impose the full range of adult sentencing available in the criminal division of circuit court, including probation, suspended imposition of sentence, and imprisonment. (ii) However, a sentence of imprisonment shall not exceed forty (40) years except for juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , who may be sentenced for any term, up to and including life. (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders. (C) A juvenile shall receive credit for time served in a juvenile detention facility or any juvenile facility. (D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.

(A) (i) Exercise its discretion to impose the full range of adult sentencing available in the criminal division of circuit court, including probation, suspended imposition of sentence, and imprisonment. (ii) However, a sentence of imprisonment shall not exceed forty (40) years except for juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , who may be sentenced for any term, up to and including life.

(i) Exercise its discretion to impose the full range of adult sentencing available in the criminal division of circuit court, including probation, suspended imposition of sentence, and imprisonment.

(ii) However, a sentence of imprisonment shall not exceed forty (40) years except for juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , who may be sentenced for any term, up to and including life.

(B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders.

(C) A juvenile shall receive credit for time served in a juvenile detention facility or any juvenile facility.

(D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.

(i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 .

(ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.

(c) (1) (A) The juvenile may petition the court to review and modify the disposition at any time. (B) If the juvenile's initial petition is denied, the juvenile must wait one (1) year from the date of the denial to file a new petition for modification. (2) (A) The Department of Human Services may petition the court to review and modify the disposition at any time. (B) If the department's initial petition for review and modification is denied, the department must wait one (1) year from the date of the denial to file a new petition for review and modification unless the department has clear and convincing new evidence that the juvenile has been rehabilitated.

(1) (A) The juvenile may petition the court to review and modify the disposition at any time. (B) If the juvenile's initial petition is denied, the juvenile must wait one (1) year from the date of the denial to file a new petition for modification.

(A) The juvenile may petition the court to review and modify the disposition at any time.

(B) If the juvenile's initial petition is denied, the juvenile must wait one (1) year from the date of the denial to file a new petition for modification.

(2) (A) The Department of Human Services may petition the court to review and modify the disposition at any time. (B) If the department's initial petition for review and modification is denied, the department must wait one (1) year from the date of the denial to file a new petition for review and modification unless the department has clear and convincing new evidence that the juvenile has been rehabilitated.

(A) The Department of Human Services may petition the court to review and modify the disposition at any time.

(B) If the department's initial petition for review and modification is denied, the department must wait one (1) year from the date of the denial to file a new petition for review and modification unless the department has clear and convincing new evidence that the juvenile has been rehabilitated.

(d) (1) If the state or the juvenile files a petition to modify the court's disposition order before six (6) months prior to the juvenile's eighteenth birthday, the filing party bears the burden of proof. (2) If the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, then the State of Arkansas or the juvenile may petition the court after the juvenile's eighteenth birthday but no later than six (6) months before the juvenile's twenty-first birthday.

(1) If the state or the juvenile files a petition to modify the court's disposition order before six (6) months prior to the juvenile's eighteenth birthday, the filing party bears the burden of proof.

(2) If the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, then the State of Arkansas or the juvenile may petition the court after the juvenile's eighteenth birthday but no later than six (6) months before the juvenile's twenty-first birthday.

(e) (1) If no hearing has been conducted six (6) months before the juvenile's eighteenth birthday or no later than six (6) months before the juvenile's twenty-first birthday if the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, the court shall conduct a hearing to determine whether to release the juvenile, amend or add any juvenile disposition, or impose an adult sentence. (2) In making its determination, the court shall consider the following: (A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (B) The nature of the offense or offenses and the manner in which the offense or offenses were committed; (C) The recommendations of the professionals who have worked with the juvenile; (D) The protection of public safety; (E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation; and (F) Victim impact evidence admitted pursuant to § 16-97-103 . (3) If the state seeks to impose an adult sentence, the state must prove by a preponderance of the evidence that the imposition of an adult sentence is appropriate and that public safety requires imposition. (4) (A) Following a hearing, the court may enter any of the following dispositions: (i) Release the juvenile; (ii) Amend or add any juvenile disposition; and (iii) (a) Exercise its discretion to impose the full range of sentencing available in circuit court, including probation, suspended imposition of sentence, and imprisonment. (b) A sentence of imprisonment shall not exceed forty (40) years, except juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , may be sentenced for any term, up to and including life. (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders. (C) A juvenile shall receive credit for time served in a juvenile detention or any juvenile facility. (D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years. (5) (A) A juvenile committed to the Division of Youth Services under extended juvenile jurisdiction shall not remain in the physical custody of the division beyond the date of his or her twenty-first birthday, even if the court fails to provide a hearing before the release. (B) If a court order imposing an adult sentence or granting the absolute release of a juvenile is not entered on or before the juvenile's twenty-first birthday, the division shall release the juvenile from its custody. (C) Nothing in this subdivision (e)(5) shall limit the court's jurisdiction to impose a period of probation on offenders adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , as required by subdivision (b)(2)(D) of this section.

(1) If no hearing has been conducted six (6) months before the juvenile's eighteenth birthday or no later than six (6) months before the juvenile's twenty-first birthday if the juvenile is sixteen (16) or seventeen (17) years of age at the time that the extended juvenile jurisdiction petition is filed, the court shall conduct a hearing to determine whether to release the juvenile, amend or add any juvenile disposition, or impose an adult sentence.

(2) In making its determination, the court shall consider the following: (A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (B) The nature of the offense or offenses and the manner in which the offense or offenses were committed; (C) The recommendations of the professionals who have worked with the juvenile; (D) The protection of public safety; (E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation; and (F) Victim impact evidence admitted pursuant to § 16-97-103 .

(A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders;

(B) The nature of the offense or offenses and the manner in which the offense or offenses were committed;

(C) The recommendations of the professionals who have worked with the juvenile;

(D) The protection of public safety;

(E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation; and

(F) Victim impact evidence admitted pursuant to § 16-97-103 .

(3) If the state seeks to impose an adult sentence, the state must prove by a preponderance of the evidence that the imposition of an adult sentence is appropriate and that public safety requires imposition.

(4) (A) Following a hearing, the court may enter any of the following dispositions: (i) Release the juvenile; (ii) Amend or add any juvenile disposition; and (iii) (a) Exercise its discretion to impose the full range of sentencing available in circuit court, including probation, suspended imposition of sentence, and imprisonment. (b) A sentence of imprisonment shall not exceed forty (40) years, except juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , may be sentenced for any term, up to and including life. (B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders. (C) A juvenile shall receive credit for time served in a juvenile detention or any juvenile facility. (D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.

(A) Following a hearing, the court may enter any of the following dispositions: (i) Release the juvenile; (ii) Amend or add any juvenile disposition; and (iii) (a) Exercise its discretion to impose the full range of sentencing available in circuit court, including probation, suspended imposition of sentence, and imprisonment. (b) A sentence of imprisonment shall not exceed forty (40) years, except juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , may be sentenced for any term, up to and including life.

(i) Release the juvenile;

(ii) Amend or add any juvenile disposition; and

(iii) (a) Exercise its discretion to impose the full range of sentencing available in circuit court, including probation, suspended imposition of sentence, and imprisonment. (b) A sentence of imprisonment shall not exceed forty (40) years, except juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , may be sentenced for any term, up to and including life.

(a) Exercise its discretion to impose the full range of sentencing available in circuit court, including probation, suspended imposition of sentence, and imprisonment.

(b) A sentence of imprisonment shall not exceed forty (40) years, except juveniles adjudicated for capital murder, § 5-10-101 , and murder in the first degree, § 5-10-102 , may be sentenced for any term, up to and including life.

(B) Statutory provisions prohibiting or limiting probation or suspended imposition of sentence, parole, or post-release transfer for offenses when committed by an adult shall not apply to juveniles sentenced as extended juvenile jurisdiction offenders.

(C) A juvenile shall receive credit for time served in a juvenile detention or any juvenile facility.

(D) (i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.

(i) A court may not order an absolute release of an extended juvenile jurisdiction offender who has been adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 .

(ii) If release is ordered, the court shall impose a period of probation for not less than three (3) years.

(5) (A) A juvenile committed to the Division of Youth Services under extended juvenile jurisdiction shall not remain in the physical custody of the division beyond the date of his or her twenty-first birthday, even if the court fails to provide a hearing before the release. (B) If a court order imposing an adult sentence or granting the absolute release of a juvenile is not entered on or before the juvenile's twenty-first birthday, the division shall release the juvenile from its custody. (C) Nothing in this subdivision (e)(5) shall limit the court's jurisdiction to impose a period of probation on offenders adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , as required by subdivision (b)(2)(D) of this section.

(A) A juvenile committed to the Division of Youth Services under extended juvenile jurisdiction shall not remain in the physical custody of the division beyond the date of his or her twenty-first birthday, even if the court fails to provide a hearing before the release.

(B) If a court order imposing an adult sentence or granting the absolute release of a juvenile is not entered on or before the juvenile's twenty-first birthday, the division shall release the juvenile from its custody.

(C) Nothing in this subdivision (e)(5) shall limit the court's jurisdiction to impose a period of probation on offenders adjudicated delinquent for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , as required by subdivision (b)(2)(D) of this section.

Amended by Act 2023, No. 659,§ 51, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 50, eff. 1/1/2024.

Amended by Act 2015, No. 1085,§ 1, eff. 7/22/2015

Acts 1999, No. 1192, § 7; 2001, No. 1582, § 4; 2003, No. 1166, § 31; 2005, No. 1191, §§ 8, 9; 2009, No. 338, § 1
Ark. Code Ann. § 9-14-222 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-222
Income withholding - Notice to payor - Costs
Status: in_force

(a) A payor shall be notified of an order of income withholding by a notice as set forth in this section. (b) (1) The order and notice of income withholding may be served on the payor by first class mail. (2) If the payor does not remit the wage withholding in accordance with subdivision (d)(11) of this section, a second notice shall be sent pursuant to Rule 4 of the Arkansas Rules of Civil Procedure. (c) Costs for service of this notice may be collected from the custodial parent. (d) The notice shall include the following information: (1) The noncustodial parent's name and Social Security number; (2) The amount to be withheld and that the total amount actually withheld cannot be in excess of the maximum amount allowed under section 303(b) of the Consumer Credit Protection Act if the payor is the employer of the noncustodial parent; (3) To whom and in what manner the withholding is to be paid and that the payments are to occur at the same time the noncustodial parent is paid; (4) That the payor may deduct a fee not to exceed two dollars and fifty cents ($2.50) in addition to the court-ordered amount for the administrative cost incurred in each withholding; (5) That withholding is binding on the payor until further notice by the court or its representative; (6) That the payor, if an employer, is subject to a fine of up to fifty dollars ($50.00) a day for discharging a noncustodial parent from employment or for refusing to employ, or for taking disciplinary action against, any noncustodial parent because of the withholding; (7) That the payor is liable for any amount up to the accumulated amount that should have been withheld should he or she fail to withhold income in accordance with the notice; (8) That the withholding is for child support and, under § 9-14-219 , takes priority over any other legal process against the same income; (9) That the payor may combine and remit from several noncustodial parents one (1) withholding payment so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify the portion of the payment that is attributable to each of the noncustodial parents; (10) That if the payor is already under an income withholding order under this subchapter, then the payor must make disbursements under each income withholding notice or order under the procedures for the payor provided under § 9-14-228 ; (11) That the payor must implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed; (12) That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known; and (13) The procedure available in that jurisdiction to the payor to object to the withholding on the ground of mistake of fact and that the objection must be made in writing and to whom it must be sent within seven (7) days following the date the notice was received or refused or the sanctions set forth in subdivisions (d)(6) and (7) of this section shall apply. Acts 1985, No. 989, § 16; A.S.A. 1947, § 34-1234; Acts 1994 (1st Ex. Sess.), No. 5, § 3; 1999, No. 1514, § 13

(a) A payor shall be notified of an order of income withholding by a notice as set forth in this section.

(b) (1) The order and notice of income withholding may be served on the payor by first class mail. (2) If the payor does not remit the wage withholding in accordance with subdivision (d)(11) of this section, a second notice shall be sent pursuant to Rule 4 of the Arkansas Rules of Civil Procedure.

(1) The order and notice of income withholding may be served on the payor by first class mail.

(2) If the payor does not remit the wage withholding in accordance with subdivision (d)(11) of this section, a second notice shall be sent pursuant to Rule 4 of the Arkansas Rules of Civil Procedure.

(c) Costs for service of this notice may be collected from the custodial parent.

(d) The notice shall include the following information: (1) The noncustodial parent's name and Social Security number; (2) The amount to be withheld and that the total amount actually withheld cannot be in excess of the maximum amount allowed under section 303(b) of the Consumer Credit Protection Act if the payor is the employer of the noncustodial parent; (3) To whom and in what manner the withholding is to be paid and that the payments are to occur at the same time the noncustodial parent is paid; (4) That the payor may deduct a fee not to exceed two dollars and fifty cents ($2.50) in addition to the court-ordered amount for the administrative cost incurred in each withholding; (5) That withholding is binding on the payor until further notice by the court or its representative; (6) That the payor, if an employer, is subject to a fine of up to fifty dollars ($50.00) a day for discharging a noncustodial parent from employment or for refusing to employ, or for taking disciplinary action against, any noncustodial parent because of the withholding; (7) That the payor is liable for any amount up to the accumulated amount that should have been withheld should he or she fail to withhold income in accordance with the notice; (8) That the withholding is for child support and, under § 9-14-219 , takes priority over any other legal process against the same income; (9) That the payor may combine and remit from several noncustodial parents one (1) withholding payment so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify the portion of the payment that is attributable to each of the noncustodial parents; (10) That if the payor is already under an income withholding order under this subchapter, then the payor must make disbursements under each income withholding notice or order under the procedures for the payor provided under § 9-14-228 ; (11) That the payor must implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed; (12) That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known; and (13) The procedure available in that jurisdiction to the payor to object to the withholding on the ground of mistake of fact and that the objection must be made in writing and to whom it must be sent within seven (7) days following the date the notice was received or refused or the sanctions set forth in subdivisions (d)(6) and (7) of this section shall apply.

(1) The noncustodial parent's name and Social Security number;

(2) The amount to be withheld and that the total amount actually withheld cannot be in excess of the maximum amount allowed under section 303(b) of the Consumer Credit Protection Act if the payor is the employer of the noncustodial parent;

(3) To whom and in what manner the withholding is to be paid and that the payments are to occur at the same time the noncustodial parent is paid;

(4) That the payor may deduct a fee not to exceed two dollars and fifty cents ($2.50) in addition to the court-ordered amount for the administrative cost incurred in each withholding;

(5) That withholding is binding on the payor until further notice by the court or its representative;

(6) That the payor, if an employer, is subject to a fine of up to fifty dollars ($50.00) a day for discharging a noncustodial parent from employment or for refusing to employ, or for taking disciplinary action against, any noncustodial parent because of the withholding;

(7) That the payor is liable for any amount up to the accumulated amount that should have been withheld should he or she fail to withhold income in accordance with the notice;

(8) That the withholding is for child support and, under § 9-14-219 , takes priority over any other legal process against the same income;

(9) That the payor may combine and remit from several noncustodial parents one (1) withholding payment so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify the portion of the payment that is attributable to each of the noncustodial parents;

(10) That if the payor is already under an income withholding order under this subchapter, then the payor must make disbursements under each income withholding notice or order under the procedures for the payor provided under § 9-14-228 ;

(11) That the payor must implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed;

(12) That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known; and

(13) The procedure available in that jurisdiction to the payor to object to the withholding on the ground of mistake of fact and that the objection must be made in writing and to whom it must be sent within seven (7) days following the date the notice was received or refused or the sanctions set forth in subdivisions (d)(6) and (7) of this section shall apply.

Acts 1985, No. 989, § 16; A.S.A. 1947, § 34-1234; Acts 1994 (1st Ex. Sess.), No. 5, § 3; 1999, No. 1514, § 13
Ark. Code Ann. § 9-12-315 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-315
Division of property - Definition
Status: in_force

(a) At the time a divorce decree is entered: (1) (A) All marital property shall be distributed one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration: (i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income; (v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court's division of property. (B) When property is divided pursuant to the foregoing considerations the court must state its basis and reasons for not dividing the marital property equally between the parties, and the basis and reasons should be recited in the order entered in the matter; (2) All other property shall be returned to the party who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration those factors enumerated in subdivision (a)(1) of this section, in which event the court must state in writing its basis and reasons for not returning the property to the party who owned it at the time of the marriage; (3) (A) Every such final order or judgment shall designate the specific real and personal property to which each party is entitled. (B) When it appears from the evidence in the case to the satisfaction of the court that the real estate is not susceptible of the division as provided for in this section without great prejudice to the parties interested, the court shall order a sale of the real estate. The sale shall be made by a commissioner to be appointed by the court for that purpose at public auction to the highest bidder upon the terms and conditions and at the time and place fixed by the court. The proceeds of every such sale, after deducting the cost and expenses of the sale, including the fee allowed the commissioner by the court for his or her services, shall be paid into the court and by the court divided among the parties in proportion to their respective rights in the premises. (C) The proceedings for enforcing these orders may be by petition of either party specifying the property the other has failed to restore or deliver, upon which the court may proceed to hear and determine the same in a summary manner after ten (10) days' notice to the opposite party. Such order, judgment, or decree shall be a bar to all claims of dower or curtesy in and to any of the lands or personalty then owned or thereafter acquired by either party; and (4) When stocks, bonds, or other securities issued by a corporation, association, or government entity make up part of the marital property, the court shall designate in its final order or judgment the specific property in securities to which each party is entitled, or after determining the fair market value of the securities, may order and adjudge that the securities be distributed to one (1) party on condition that one-half (1/2) the fair market value of the securities in money or other property be set aside and distributed to the other party in lieu of division and distribution of the securities. (b) For the purpose of this section, "marital property" means all property acquired by either spouse subsequent to the marriage except: (1) Property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement; (2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (3) Property acquired by a spouse after a decree of divorce from bed and board; (4) Property excluded by valid agreement of the parties; (5) The increase in value of property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor; (6) Benefits received or to be received from a workers' compensation claim, personal injury claim, or Social Security claim when those benefits are for any degree of permanent disability or future medical expenses; and (7) Income from property owned prior to the marriage or from property acquired by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor. (c) The court is not required to address the division of property at the time a divorce decree is entered if either party is involved in a bankruptcy proceeding. Civil Code, § 461; Acts 1891, No. 26, § 1, p. 27; 1893, No. 102, § 1, p. 176; C. & M. Dig., § 3511; Pope's Dig., § 4393; Acts 1953, No. 348, § 3; 1979, No. 705, § 1; 1981, No. 69, § 1; 1981, No. 714, § 2; 1981, No. 798, §§ 1, 2; 1981, No. 799, §§ 1, 2; 1983, No. 369, §§ 1, 2; A.S.A. 1947, § 34-1214; Acts 1987, No. 676, § 1; 1989, No. 366, § 1; 1991, No. 1167, § 1; 1993, No. 1067, § 1; 2001, No. 1671, § 1

(a) At the time a divorce decree is entered: (1) (A) All marital property shall be distributed one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration: (i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income; (v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court's division of property. (B) When property is divided pursuant to the foregoing considerations the court must state its basis and reasons for not dividing the marital property equally between the parties, and the basis and reasons should be recited in the order entered in the matter; (2) All other property shall be returned to the party who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration those factors enumerated in subdivision (a)(1) of this section, in which event the court must state in writing its basis and reasons for not returning the property to the party who owned it at the time of the marriage; (3) (A) Every such final order or judgment shall designate the specific real and personal property to which each party is entitled. (B) When it appears from the evidence in the case to the satisfaction of the court that the real estate is not susceptible of the division as provided for in this section without great prejudice to the parties interested, the court shall order a sale of the real estate. The sale shall be made by a commissioner to be appointed by the court for that purpose at public auction to the highest bidder upon the terms and conditions and at the time and place fixed by the court. The proceeds of every such sale, after deducting the cost and expenses of the sale, including the fee allowed the commissioner by the court for his or her services, shall be paid into the court and by the court divided among the parties in proportion to their respective rights in the premises. (C) The proceedings for enforcing these orders may be by petition of either party specifying the property the other has failed to restore or deliver, upon which the court may proceed to hear and determine the same in a summary manner after ten (10) days' notice to the opposite party. Such order, judgment, or decree shall be a bar to all claims of dower or curtesy in and to any of the lands or personalty then owned or thereafter acquired by either party; and (4) When stocks, bonds, or other securities issued by a corporation, association, or government entity make up part of the marital property, the court shall designate in its final order or judgment the specific property in securities to which each party is entitled, or after determining the fair market value of the securities, may order and adjudge that the securities be distributed to one (1) party on condition that one-half (1/2) the fair market value of the securities in money or other property be set aside and distributed to the other party in lieu of division and distribution of the securities.

(1) (A) All marital property shall be distributed one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration: (i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income; (v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court's division of property. (B) When property is divided pursuant to the foregoing considerations the court must state its basis and reasons for not dividing the marital property equally between the parties, and the basis and reasons should be recited in the order entered in the matter;

(A) All marital property shall be distributed one-half (1/2) to each party unless the court finds such a division to be inequitable. In that event the court shall make some other division that the court deems equitable taking into consideration: (i) The length of the marriage; (ii) Age, health, and station in life of the parties; (iii) Occupation of the parties; (iv) Amount and sources of income; (v) Vocational skills; (vi) Employability; (vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income; (viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and (ix) The federal income tax consequences of the court's division of property.

(i) The length of the marriage;

(ii) Age, health, and station in life of the parties;

(iii) Occupation of the parties;

(iv) Amount and sources of income;

(v) Vocational skills;

(vi) Employability;

(vii) Estate, liabilities, and needs of each party and opportunity of each for further acquisition of capital assets and income;

(viii) Contribution of each party in acquisition, preservation, or appreciation of marital property, including services as a homemaker; and

(ix) The federal income tax consequences of the court's division of property.

(B) When property is divided pursuant to the foregoing considerations the court must state its basis and reasons for not dividing the marital property equally between the parties, and the basis and reasons should be recited in the order entered in the matter;

(2) All other property shall be returned to the party who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration those factors enumerated in subdivision (a)(1) of this section, in which event the court must state in writing its basis and reasons for not returning the property to the party who owned it at the time of the marriage;

(3) (A) Every such final order or judgment shall designate the specific real and personal property to which each party is entitled. (B) When it appears from the evidence in the case to the satisfaction of the court that the real estate is not susceptible of the division as provided for in this section without great prejudice to the parties interested, the court shall order a sale of the real estate. The sale shall be made by a commissioner to be appointed by the court for that purpose at public auction to the highest bidder upon the terms and conditions and at the time and place fixed by the court. The proceeds of every such sale, after deducting the cost and expenses of the sale, including the fee allowed the commissioner by the court for his or her services, shall be paid into the court and by the court divided among the parties in proportion to their respective rights in the premises. (C) The proceedings for enforcing these orders may be by petition of either party specifying the property the other has failed to restore or deliver, upon which the court may proceed to hear and determine the same in a summary manner after ten (10) days' notice to the opposite party. Such order, judgment, or decree shall be a bar to all claims of dower or curtesy in and to any of the lands or personalty then owned or thereafter acquired by either party; and

(A) Every such final order or judgment shall designate the specific real and personal property to which each party is entitled.

(B) When it appears from the evidence in the case to the satisfaction of the court that the real estate is not susceptible of the division as provided for in this section without great prejudice to the parties interested, the court shall order a sale of the real estate. The sale shall be made by a commissioner to be appointed by the court for that purpose at public auction to the highest bidder upon the terms and conditions and at the time and place fixed by the court. The proceeds of every such sale, after deducting the cost and expenses of the sale, including the fee allowed the commissioner by the court for his or her services, shall be paid into the court and by the court divided among the parties in proportion to their respective rights in the premises.

(C) The proceedings for enforcing these orders may be by petition of either party specifying the property the other has failed to restore or deliver, upon which the court may proceed to hear and determine the same in a summary manner after ten (10) days' notice to the opposite party. Such order, judgment, or decree shall be a bar to all claims of dower or curtesy in and to any of the lands or personalty then owned or thereafter acquired by either party; and

(4) When stocks, bonds, or other securities issued by a corporation, association, or government entity make up part of the marital property, the court shall designate in its final order or judgment the specific property in securities to which each party is entitled, or after determining the fair market value of the securities, may order and adjudge that the securities be distributed to one (1) party on condition that one-half (1/2) the fair market value of the securities in money or other property be set aside and distributed to the other party in lieu of division and distribution of the securities.

(b) For the purpose of this section, "marital property" means all property acquired by either spouse subsequent to the marriage except: (1) Property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement; (2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (3) Property acquired by a spouse after a decree of divorce from bed and board; (4) Property excluded by valid agreement of the parties; (5) The increase in value of property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor; (6) Benefits received or to be received from a workers' compensation claim, personal injury claim, or Social Security claim when those benefits are for any degree of permanent disability or future medical expenses; and (7) Income from property owned prior to the marriage or from property acquired by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor.

(1) Property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement;

(2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(3) Property acquired by a spouse after a decree of divorce from bed and board;

(4) Property excluded by valid agreement of the parties;

(5) The increase in value of property acquired prior to marriage or by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor;

(6) Benefits received or to be received from a workers' compensation claim, personal injury claim, or Social Security claim when those benefits are for any degree of permanent disability or future medical expenses; and

(7) Income from property owned prior to the marriage or from property acquired by gift or by reason of the death of another, including, but not limited to, life insurance proceeds, payments made under a deferred compensation plan, or an individual retirement account, and property acquired by right of survivorship, by a trust distribution, by bequest or inheritance, or by a payable on death or a transfer on death arrangement, or in exchange therefor.

(c) The court is not required to address the division of property at the time a divorce decree is entered if either party is involved in a bankruptcy proceeding.

Civil Code, § 461; Acts 1891, No. 26, § 1, p. 27; 1893, No. 102, § 1, p. 176; C. & M. Dig., § 3511; Pope's Dig., § 4393; Acts 1953, No. 348, § 3; 1979, No. 705, § 1; 1981, No. 69, § 1; 1981, No. 714, § 2; 1981, No. 798, §§ 1, 2; 1981, No. 799, §§ 1, 2; 1983, No. 369, §§ 1, 2; A.S.A. 1947, § 34-1214; Acts 1987, No. 676, § 1; 1989, No. 366, § 1; 1991, No. 1167, § 1; 1993, No. 1067, § 1; 2001, No. 1671, § 1