Ark. Code Ann. § 9-9-220 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-220
Relinquishment and termination of parent and child relationship
Status: in_force

(a) With the exception of the duty to pay child support, the rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an adoption, may be relinquished and the relationship of parent and child terminated in or prior to an adoption proceeding as provided in this section. The duty of a parent to pay child support shall continue until an interlocutory decree of adoption is entered. (b) All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing, signed by an adult parent, subject to the court's approval. If the parent is a minor, the writing shall be signed by a guardian ad litem who is appointed to appear on behalf of the minor parent for the purpose of executing such a writing. The signing shall occur in the presence of a representative of an agency taking custody of the child, or in the presence of a notary public, whether the agency is within or without the state, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed. The relinquishment shall be executed in the same manner as for a consent to adopt under § 9-9-208 . (1) (A) The relinquishment may be withdrawn within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after it is signed or the child is born, whichever is later. (i) Notice of withdrawal shall be given by filing an affidavit with the probate division clerk of the circuit court in the county designated by the writing as the county in which the guardianship petition will be filed if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit. (B) The relinquishment shall state that the parent has this right of withdrawal and shall provide the address of the probate division clerk of the circuit court in which the guardianship will be filed if there is a guardianship, or where the petition for adoption will be filed if there is no guardianship; or (2) In any other situation, if notice of the adoption proceeding has been given to the parent and the court finds, after considering the circumstances of the relinquishment and the continued custody by the petitioner, that the best interest of the child requires the granting of the adoption. (3) The relinquishment shall state that the person may waive the ten-day period for the withdrawal of relinquishment for an adoption and to elect to limit the maximum time for the withdrawal of relinquishment for an adoption to five (5) days. (c) In addition to any other proceeding provided by law, the relationship of parent and child may be terminated by a court order issued under this subchapter on any ground provided by other law for termination of the relationship, or on the following grounds: (1) Abandonment as defined in § 9-9-202(7) . (2) Neglect or abuse, when the court finds the causes are irremediable or will not be remedied by the parent. (A) If the parents have failed to make reasonable efforts to remedy the causes and such failure has occurred for twelve (12) months, such failure shall raise the rebuttable presumption that the causes will not be remedied. (B) If the parents have attempted to remedy the causes but have failed to do so within twelve (12) months, and the court finds there is no reasonable likelihood the causes will be remedied by the eighteenth month, the failures shall raise the rebuttable presumption that the causes will not be remedied. (3) That in the case of a parent not having custody of a child, his or her consent is being unreasonably withheld contrary to the best interest of the child. (d) For the purpose of proceeding under this subchapter, a decree terminating all rights of a parent with reference to a child or the relationship of parent and child issued by a court of competent jurisdiction in this or any other state dispenses with the consent to adoption proceedings of a parent whose rights or parent and child relationship are terminated by the decree and with any required notice of an adoption proceeding other than as provided in this section. (e) A petition for termination of the relationships of parent and child made in connection with an adoption proceeding may be made by: (1) Either parent if termination of the relationship is sought with respect to the other parent; (2) The petitioner for adoption, the guardian of the person, the legal custodian of the child, or the individual standing in parental relationship to the child or the attorney ad litem for the child; (3) An agency; or (4) Any other person having a legitimate interest in the matter. (f) (1) The petition shall be filed and service obtained according to the Arkansas Rules of Civil Procedure. (2) Before the petition is heard, notice of the hearing and the opportunity to be heard shall be given the parents of the child, the guardian of the child, the person having legal custody of the child, a person appointed to represent any party in this proceeding, and any person granted rights of care, control, or visitation by a court of competent jurisdiction. (g) Notwithstanding the provisions of subsection (b) of this section, a relinquishment of parental rights with respect to a child executed under this section may be withdrawn by the parent, and a decree of a court terminating the parent-child relationship under this section may be vacated by the court upon motion of the parent if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree. (h) (1) A parent who relinquishes his or her parental rights under this section shall have limited, independent legal representation for the purpose of: (A) Executing the relinquishment; and (B) Withdrawing the relinquishment if the parent elects to withdraw the relinquishment as permitted under this section. (2) The attorney: (A) Shall not represent any other party in the adoption; and (B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of relinquishing his or her parental rights; and (ii) The parent appeared to relinquish his or her parental rights voluntarily and of his or her own free will. (3) This subsection shall not apply to an adoption if the petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (4) (A) A parent who relinquishes his or her parental rights under this section may elect not to be represented by an independent attorney as provided in subdivision (h)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide the parent with independent legal advice concerning the effects of relinquishing parental rights; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the relinquishment and, if the parent elects, withdrawing the relinquishment. (B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding. (i) (1) If a parent who relinquishes his or her parental rights under this section does not speak English as a native language, the parent shall be provided a qualified interpreter for the purpose of interpreting the relinquishment into the native language of the parent before its execution by the parent unless a petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (2) For purposes of this section, a qualified interpreter is an interpreter who appears on the current registry of court interpreters maintained by the Administrative Office of the Courts under § 16-10-1101 et seq. (3) The interpreter services: (A) Shall be paid for by the petitioner; and (B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means. (4) If required, the relinquishment shall: (A) Identify the native language of the parent; (B) Provide the name and qualifications of the qualified interpreter; and (C) Describe the method used by the qualified interpreter to interpret the relinquishment. (5) A parent to whom subdivision (i)(1) of this section applies may elect not to use a court interpreter by signing under oath, in the presence of a notary public, an affidavit that includes the following: (A) A statement that identifies the native language of the parent; (B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the relinquishment into the parent's native language; (C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter; (D) A statement that the parent elects not to use a qualified interpreter in executing the relinquishment because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the relinquishment and implications of signing a relinquishment of parental rights; and (E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person. (6) The affidavit under subdivision (i)(5) of this section shall be: (A) In English; (B) Translated into the native language of the parent by a qualified interpreter; and (C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding. Amended by Act 2021, No. 599,§ 3, eff. 7/28/2021. Acts 1977, No. 735, § 20; 1985, No. 879, §§ 2-4; A.S.A. 1947, § 56-220; Acts 1991, No. 774, § 5; 1991, No. 1214, § 2; 1995, No. 1184, § 22; 1995, No. 1284, § 2; 1995, No. 1335, § 6; 1997, No. 1227, § 15; 1999, No. 518, § 2; 1999, No. 945, § 3; 2001, No. 1779, § 1; 2003, No. 1185, § 8; 2003, No. 1743, § 1; 2009, No. 219, § 1; 2009, No. 230, § 2

(a) With the exception of the duty to pay child support, the rights of a parent with reference to a child, including parental right to control the child or to withhold consent to an adoption, may be relinquished and the relationship of parent and child terminated in or prior to an adoption proceeding as provided in this section. The duty of a parent to pay child support shall continue until an interlocutory decree of adoption is entered.

(b) All rights of a parent with reference to a child, including the right to receive notice of a hearing on a petition for adoption, may be relinquished and the relationship of parent and child terminated by a writing, signed by an adult parent, subject to the court's approval. If the parent is a minor, the writing shall be signed by a guardian ad litem who is appointed to appear on behalf of the minor parent for the purpose of executing such a writing. The signing shall occur in the presence of a representative of an agency taking custody of the child, or in the presence of a notary public, whether the agency is within or without the state, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed. The relinquishment shall be executed in the same manner as for a consent to adopt under § 9-9-208 . (1) (A) The relinquishment may be withdrawn within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after it is signed or the child is born, whichever is later. (i) Notice of withdrawal shall be given by filing an affidavit with the probate division clerk of the circuit court in the county designated by the writing as the county in which the guardianship petition will be filed if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit. (B) The relinquishment shall state that the parent has this right of withdrawal and shall provide the address of the probate division clerk of the circuit court in which the guardianship will be filed if there is a guardianship, or where the petition for adoption will be filed if there is no guardianship; or (2) In any other situation, if notice of the adoption proceeding has been given to the parent and the court finds, after considering the circumstances of the relinquishment and the continued custody by the petitioner, that the best interest of the child requires the granting of the adoption. (3) The relinquishment shall state that the person may waive the ten-day period for the withdrawal of relinquishment for an adoption and to elect to limit the maximum time for the withdrawal of relinquishment for an adoption to five (5) days.

If the parent is a minor, the writing shall be signed by a guardian ad litem who is appointed to appear on behalf of the minor parent for the purpose of executing such a writing. The signing shall occur in the presence of a representative of an agency taking custody of the child, or in the presence of a notary public, whether the agency is within or without the state, or in the presence and with the approval of a judge of a court of record of this state or any other state in which the minor was present at the time it was signed. The relinquishment shall be executed in the same manner as for a consent to adopt under § 9-9-208 .

(1) (A) The relinquishment may be withdrawn within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after it is signed or the child is born, whichever is later. (i) Notice of withdrawal shall be given by filing an affidavit with the probate division clerk of the circuit court in the county designated by the writing as the county in which the guardianship petition will be filed if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit. (B) The relinquishment shall state that the parent has this right of withdrawal and shall provide the address of the probate division clerk of the circuit court in which the guardianship will be filed if there is a guardianship, or where the petition for adoption will be filed if there is no guardianship; or

(A) The relinquishment may be withdrawn within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after it is signed or the child is born, whichever is later. (i) Notice of withdrawal shall be given by filing an affidavit with the probate division clerk of the circuit court in the county designated by the writing as the county in which the guardianship petition will be filed if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit.

(i) Notice of withdrawal shall be given by filing an affidavit with the probate division clerk of the circuit court in the county designated by the writing as the county in which the guardianship petition will be filed if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day.

(ii) No fee shall be charged for the filing of the affidavit.

(B) The relinquishment shall state that the parent has this right of withdrawal and shall provide the address of the probate division clerk of the circuit court in which the guardianship will be filed if there is a guardianship, or where the petition for adoption will be filed if there is no guardianship; or

(2) In any other situation, if notice of the adoption proceeding has been given to the parent and the court finds, after considering the circumstances of the relinquishment and the continued custody by the petitioner, that the best interest of the child requires the granting of the adoption.

(3) The relinquishment shall state that the person may waive the ten-day period for the withdrawal of relinquishment for an adoption and to elect to limit the maximum time for the withdrawal of relinquishment for an adoption to five (5) days.

(c) In addition to any other proceeding provided by law, the relationship of parent and child may be terminated by a court order issued under this subchapter on any ground provided by other law for termination of the relationship, or on the following grounds: (1) Abandonment as defined in § 9-9-202(7) . (2) Neglect or abuse, when the court finds the causes are irremediable or will not be remedied by the parent. (A) If the parents have failed to make reasonable efforts to remedy the causes and such failure has occurred for twelve (12) months, such failure shall raise the rebuttable presumption that the causes will not be remedied. (B) If the parents have attempted to remedy the causes but have failed to do so within twelve (12) months, and the court finds there is no reasonable likelihood the causes will be remedied by the eighteenth month, the failures shall raise the rebuttable presumption that the causes will not be remedied. (3) That in the case of a parent not having custody of a child, his or her consent is being unreasonably withheld contrary to the best interest of the child.

(1) Abandonment as defined in § 9-9-202(7) .

(2) Neglect or abuse, when the court finds the causes are irremediable or will not be remedied by the parent. (A) If the parents have failed to make reasonable efforts to remedy the causes and such failure has occurred for twelve (12) months, such failure shall raise the rebuttable presumption that the causes will not be remedied. (B) If the parents have attempted to remedy the causes but have failed to do so within twelve (12) months, and the court finds there is no reasonable likelihood the causes will be remedied by the eighteenth month, the failures shall raise the rebuttable presumption that the causes will not be remedied.

(A) If the parents have failed to make reasonable efforts to remedy the causes and such failure has occurred for twelve (12) months, such failure shall raise the rebuttable presumption that the causes will not be remedied.

(B) If the parents have attempted to remedy the causes but have failed to do so within twelve (12) months, and the court finds there is no reasonable likelihood the causes will be remedied by the eighteenth month, the failures shall raise the rebuttable presumption that the causes will not be remedied.

(3) That in the case of a parent not having custody of a child, his or her consent is being unreasonably withheld contrary to the best interest of the child.

(d) For the purpose of proceeding under this subchapter, a decree terminating all rights of a parent with reference to a child or the relationship of parent and child issued by a court of competent jurisdiction in this or any other state dispenses with the consent to adoption proceedings of a parent whose rights or parent and child relationship are terminated by the decree and with any required notice of an adoption proceeding other than as provided in this section.

(e) A petition for termination of the relationships of parent and child made in connection with an adoption proceeding may be made by: (1) Either parent if termination of the relationship is sought with respect to the other parent; (2) The petitioner for adoption, the guardian of the person, the legal custodian of the child, or the individual standing in parental relationship to the child or the attorney ad litem for the child; (3) An agency; or (4) Any other person having a legitimate interest in the matter.

(1) Either parent if termination of the relationship is sought with respect to the other parent;

(2) The petitioner for adoption, the guardian of the person, the legal custodian of the child, or the individual standing in parental relationship to the child or the attorney ad litem for the child;

(3) An agency; or

(4) Any other person having a legitimate interest in the matter.

(f) (1) The petition shall be filed and service obtained according to the Arkansas Rules of Civil Procedure. (2) Before the petition is heard, notice of the hearing and the opportunity to be heard shall be given the parents of the child, the guardian of the child, the person having legal custody of the child, a person appointed to represent any party in this proceeding, and any person granted rights of care, control, or visitation by a court of competent jurisdiction.

(1) The petition shall be filed and service obtained according to the Arkansas Rules of Civil Procedure.

(2) Before the petition is heard, notice of the hearing and the opportunity to be heard shall be given the parents of the child, the guardian of the child, the person having legal custody of the child, a person appointed to represent any party in this proceeding, and any person granted rights of care, control, or visitation by a court of competent jurisdiction.

(g) Notwithstanding the provisions of subsection (b) of this section, a relinquishment of parental rights with respect to a child executed under this section may be withdrawn by the parent, and a decree of a court terminating the parent-child relationship under this section may be vacated by the court upon motion of the parent if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree.

(h) (1) A parent who relinquishes his or her parental rights under this section shall have limited, independent legal representation for the purpose of: (A) Executing the relinquishment; and (B) Withdrawing the relinquishment if the parent elects to withdraw the relinquishment as permitted under this section. (2) The attorney: (A) Shall not represent any other party in the adoption; and (B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of relinquishing his or her parental rights; and (ii) The parent appeared to relinquish his or her parental rights voluntarily and of his or her own free will. (3) This subsection shall not apply to an adoption if the petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (4) (A) A parent who relinquishes his or her parental rights under this section may elect not to be represented by an independent attorney as provided in subdivision (h)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide the parent with independent legal advice concerning the effects of relinquishing parental rights; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the relinquishment and, if the parent elects, withdrawing the relinquishment. (B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding.

(1) A parent who relinquishes his or her parental rights under this section shall have limited, independent legal representation for the purpose of: (A) Executing the relinquishment; and (B) Withdrawing the relinquishment if the parent elects to withdraw the relinquishment as permitted under this section.

(A) Executing the relinquishment; and

(B) Withdrawing the relinquishment if the parent elects to withdraw the relinquishment as permitted under this section.

(2) The attorney: (A) Shall not represent any other party in the adoption; and (B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of relinquishing his or her parental rights; and (ii) The parent appeared to relinquish his or her parental rights voluntarily and of his or her own free will.

(A) Shall not represent any other party in the adoption; and

(B) Shall certify, by signing the writing after its execution by the parent, that: (i) The attorney has explained to the parent the effect of relinquishing his or her parental rights; and (ii) The parent appeared to relinquish his or her parental rights voluntarily and of his or her own free will.

(i) The attorney has explained to the parent the effect of relinquishing his or her parental rights; and

(ii) The parent appeared to relinquish his or her parental rights voluntarily and of his or her own free will.

(3) This subsection shall not apply to an adoption if the petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding.

(A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted;

(B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or

(C) Represented by an attorney pro bono in the adoption proceeding.

(4) (A) A parent who relinquishes his or her parental rights under this section may elect not to be represented by an independent attorney as provided in subdivision (h)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide the parent with independent legal advice concerning the effects of relinquishing parental rights; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the relinquishment and, if the parent elects, withdrawing the relinquishment. (B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding.

(A) A parent who relinquishes his or her parental rights under this section may elect not to be represented by an independent attorney as provided in subdivision (h)(1) of this section by signing under oath, in the presence of a notary public, an affidavit that includes the following: (i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide the parent with independent legal advice concerning the effects of relinquishing parental rights; (ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and (iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the relinquishment and, if the parent elects, withdrawing the relinquishment.

(i) A statement that the parent understands that he or she has been offered limited representation by an attorney, who does not also represent the petitioner, to provide the parent with independent legal advice concerning the effects of relinquishing parental rights;

(ii) A statement that the parent understands that the petitioner is willing to pay for the limited representation; and

(iii) A statement that the parent has, after considering his or her right to an independent attorney, knowingly and voluntarily and without coercion or undue influence from any other person elected not to be represented by an attorney for the purpose of executing the relinquishment and, if the parent elects, withdrawing the relinquishment.

(B) This affidavit shall, before the petition is heard, be filed with the court having jurisdiction over the adoption proceeding.

(i) (1) If a parent who relinquishes his or her parental rights under this section does not speak English as a native language, the parent shall be provided a qualified interpreter for the purpose of interpreting the relinquishment into the native language of the parent before its execution by the parent unless a petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding. (2) For purposes of this section, a qualified interpreter is an interpreter who appears on the current registry of court interpreters maintained by the Administrative Office of the Courts under § 16-10-1101 et seq. (3) The interpreter services: (A) Shall be paid for by the petitioner; and (B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means. (4) If required, the relinquishment shall: (A) Identify the native language of the parent; (B) Provide the name and qualifications of the qualified interpreter; and (C) Describe the method used by the qualified interpreter to interpret the relinquishment. (5) A parent to whom subdivision (i)(1) of this section applies may elect not to use a court interpreter by signing under oath, in the presence of a notary public, an affidavit that includes the following: (A) A statement that identifies the native language of the parent; (B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the relinquishment into the parent's native language; (C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter; (D) A statement that the parent elects not to use a qualified interpreter in executing the relinquishment because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the relinquishment and implications of signing a relinquishment of parental rights; and (E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person. (6) The affidavit under subdivision (i)(5) of this section shall be: (A) In English; (B) Translated into the native language of the parent by a qualified interpreter; and (C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding.

(1) If a parent who relinquishes his or her parental rights under this section does not speak English as a native language, the parent shall be provided a qualified interpreter for the purpose of interpreting the relinquishment into the native language of the parent before its execution by the parent unless a petitioner is: (A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted; (B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or (C) Represented by an attorney pro bono in the adoption proceeding.

(A) A stepparent whose spouse is a natural or adoptive parent of the child to be adopted;

(B) Related to the child to be adopted within the second degree as defined in § 28-9-212 ; or

(C) Represented by an attorney pro bono in the adoption proceeding.

(2) For purposes of this section, a qualified interpreter is an interpreter who appears on the current registry of court interpreters maintained by the Administrative Office of the Courts under § 16-10-1101 et seq.

(3) The interpreter services: (A) Shall be paid for by the petitioner; and (B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means.

(A) Shall be paid for by the petitioner; and

(B) May be provided in person, by telephone, by a video-conferencing application, or by comparable means.

(4) If required, the relinquishment shall: (A) Identify the native language of the parent; (B) Provide the name and qualifications of the qualified interpreter; and (C) Describe the method used by the qualified interpreter to interpret the relinquishment.

(A) Identify the native language of the parent;

(B) Provide the name and qualifications of the qualified interpreter; and

(C) Describe the method used by the qualified interpreter to interpret the relinquishment.

(5) A parent to whom subdivision (i)(1) of this section applies may elect not to use a court interpreter by signing under oath, in the presence of a notary public, an affidavit that includes the following: (A) A statement that identifies the native language of the parent; (B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the relinquishment into the parent's native language; (C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter; (D) A statement that the parent elects not to use a qualified interpreter in executing the relinquishment because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the relinquishment and implications of signing a relinquishment of parental rights; and (E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person.

(A) A statement that identifies the native language of the parent;

(B) An acknowledgment that the parent has been offered a qualified interpreter to interpret the relinquishment into the parent's native language;

(C) An acknowledgment that the petitioner is willing to pay for the qualified interpreter;

(D) A statement that the parent elects not to use a qualified interpreter in executing the relinquishment because: (i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or (ii) The parent's attorney can explain in the parent's native language the relinquishment and implications of signing a relinquishment of parental rights; and

(i) The parent is proficient enough in English to understand the legal documents without the assistance of a qualified interpreter; or

(ii) The parent's attorney can explain in the parent's native language the relinquishment and implications of signing a relinquishment of parental rights; and

(E) A statement that the parent elects not to use a qualified interpreter knowingly and voluntarily, and without coercion or undue influence from any other person.

(6) The affidavit under subdivision (i)(5) of this section shall be: (A) In English; (B) Translated into the native language of the parent by a qualified interpreter; and (C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding.

(A) In English;

(B) Translated into the native language of the parent by a qualified interpreter; and

(C) Filed, before the petition is heard, with the court having jurisdiction over the adoption proceeding.

Amended by Act 2021, No. 599,§ 3, eff. 7/28/2021.

Acts 1977, No. 735, § 20; 1985, No. 879, §§ 2-4; A.S.A. 1947, § 56-220; Acts 1991, No. 774, § 5; 1991, No. 1214, § 2; 1995, No. 1184, § 22; 1995, No. 1284, § 2; 1995, No. 1335, § 6; 1997, No. 1227, § 15; 1999, No. 518, § 2; 1999, No. 945, § 3; 2001, No. 1779, § 1; 2003, No. 1185, § 8; 2003, No. 1743, § 1; 2009, No. 219, § 1; 2009, No. 230, § 2
Ark. Code Ann. § 9-27-319 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-319
Double jeopardy
Status: in_force

(a) No juvenile who has been subjected to an adjudication pursuant to a petition alleging him or her to be delinquent shall be tried later under criminal charges based upon facts alleged in the petition to find him or her delinquent. (b) No juvenile who has been tried for a violation of the criminal laws of this state shall be later subjected to a delinquency proceeding arising out of the facts that formed the basis of the criminal charges. Acts 1989, No. 273, § 18

(a) No juvenile who has been subjected to an adjudication pursuant to a petition alleging him or her to be delinquent shall be tried later under criminal charges based upon facts alleged in the petition to find him or her delinquent.

(b) No juvenile who has been tried for a violation of the criminal laws of this state shall be later subjected to a delinquency proceeding arising out of the facts that formed the basis of the criminal charges.

Acts 1989, No. 273, § 18
Ark. Code Ann. § 9-3-102 — AR Code / Title 9 / Chapter 3 / Section 9-3-102
Voting privileges unaffected
Status: in_force

Nothing in this chapter shall be construed to affect or extend the privilege of franchise to vote at any election held within the state because of having been admitted to become a resident domiciled within the state under this chapter. Acts 1941, No. 355, § 6; A.S.A. 1947, § 34-1306

Nothing in this chapter shall be construed to affect or extend the privilege of franchise to vote at any election held within the state because of having been admitted to become a resident domiciled within the state under this chapter.

Acts 1941, No. 355, § 6; A.S.A. 1947, § 34-1306
Ark. Code Ann. § 9-14-509 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-509
Notice to noncustodial parent
Status: in_force

(a) Prior to notification to the employer, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk. (b) The information contained in the notice shall include: (1) That the parent has been directed to provide and maintain healthcare coverage for the benefit of a minor child; (2) The name and date of birth of the minor child or children; (3) That the income withholding for healthcare coverage applies to current and subsequent periods of employment; (4) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact; (5) That failure to contest the withholding within fifteen (15) days of the mail date of the notice will result in the payor's being notified to begin the enrollment requirements and withholding; (6) That, if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and (7) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order for healthcare coverage and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding for healthcare coverage. (c) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, § 9-14-516 shall apply. Acts 1991, No. 368, § 9; 2003, No. 1020, § 12

(a) Prior to notification to the employer, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk.

(b) The information contained in the notice shall include: (1) That the parent has been directed to provide and maintain healthcare coverage for the benefit of a minor child; (2) The name and date of birth of the minor child or children; (3) That the income withholding for healthcare coverage applies to current and subsequent periods of employment; (4) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact; (5) That failure to contest the withholding within fifteen (15) days of the mail date of the notice will result in the payor's being notified to begin the enrollment requirements and withholding; (6) That, if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and (7) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order for healthcare coverage and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding for healthcare coverage.

(1) That the parent has been directed to provide and maintain healthcare coverage for the benefit of a minor child;

(2) The name and date of birth of the minor child or children;

(3) That the income withholding for healthcare coverage applies to current and subsequent periods of employment;

(4) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact;

(5) That failure to contest the withholding within fifteen (15) days of the mail date of the notice will result in the payor's being notified to begin the enrollment requirements and withholding;

(6) That, if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and

(7) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order for healthcare coverage and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding for healthcare coverage.

(c) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, § 9-14-516 shall apply.

Acts 1991, No. 368, § 9; 2003, No. 1020, § 12
Ark. Code Ann. § 9-28-406 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-406
Department enforcement duties
Status: in_force

(a) (1) The Department of Human Services shall advise the Child Welfare Agency Review Board regarding proposed rules. (2) The department shall obtain comments from the board prior to initiating the rule promulgation process. (b) (1) The board is authorized to make an inspection and investigation of any proposed or operating child welfare agency and of any personnel connected with that agency to the extent that an inspection and investigation are necessary to determine whether the child welfare agency will be or is being operated in accordance with this subchapter and the rules promulgated by the board. (2) The board may delegate this authority to any agencies of the State of Arkansas whom the board deems proper. (c) (1) The department or any other public agency having authority or responsibility with respect to child maltreatment shall have the authority to investigate any alleged or suspected child maltreatment in any child welfare agency, whether licensed or exempt. (2) Nothing contained in this section shall be construed to limit or restrict that authority. (d) (1) The department shall assist licensees and applicants in complying with published rules by issuing advisory opinions regarding matters of rule compliance when so requested. (2) The procedure for issuing advisory opinions shall be as follows: (A) (i) Any licensee or applicant for a license may submit a written request for an advisory opinion on whether or not a practice in any planned or existing child welfare agency complies with the rules promulgated pursuant to this subchapter. (ii) The department must respond to the request in writing within twenty (20) business days of receiving the request. (iii) If the department's response is that the subject of the request would not comply with published standards, the department shall suggest an alternative practice that in its opinion would comply with published standards when it is possible to do so; and (B) (i) A written opinion required in subdivision (d)(2)(A) of this section is binding on the department as a declaratory order if the applicant or licensee has acted in reliance on the opinion. (ii) Notwithstanding the foregoing, in no event shall the advisory opinion be binding on the board if the compliance issue that is the subject of the advisory opinion is presented to the board for review. (e) (1) The department shall inspect child welfare agencies as provided in this subsection. (2) If the department finds that a child welfare agency has failed to comply with an applicable law or rule, the department shall issue a notice of noncompliance to the child welfare agency. The department's notice of noncompliance shall contain: (A) A factual description of the conditions that constitute a violation of the law or rule; (B) The specific law or rule violated; and (C) A reasonable time frame within which the violation must be corrected. (3) (A) (i) If the child welfare agency believes that the contents of the department's notice of noncompliance are in error, the child welfare agency may ask licensing authorities to reconsider the parts of the notice of noncompliance that are alleged to be in error. (ii) The request for reconsideration must be in writing, delivered by certified mail within twenty (20) business days of receipt of the notice of noncompliance. (iii) The request shall specify the parts of the notice of noncompliance that are alleged to be in error, explaining why they are in error, and include documentation to support the allegation of error. (B) (i) The department shall render a decision on the request for reconsideration within twenty (20) working days after the date the request for reconsideration was received. (ii) The licensee's request for reconsideration and supporting documentation shall be retained by the department and made a part of the licensee's record. (4) (A) If upon reinspection or other acceptable means of verification, the department finds that the licensee has corrected the violation or violations specified in the notice of noncompliance, the department shall note the correction and the date the correction was verified in the licensee's record. (B) If upon reinspection, the department finds that the licensee has not corrected the violations specified in the notice of noncompliance within the required time frame, the department may in its discretion petition the board to impose appropriate adverse action against the licensee. (C) In the case of an applicant for a license, if the board or its designee finds that the applicant has not corrected the violations in a previously issued notice of noncompliance, the department may recommend denial of the application for a child welfare agency license. Amended by Act 2019, No. 315,§ 729, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 728, eff. 7/24/2019. Amended by Act 2013, No. 1275,§ 3, eff. 8/16/2013 Acts 1997, No. 1041, § 6; 2011, No. 522, § 15

(a) (1) The Department of Human Services shall advise the Child Welfare Agency Review Board regarding proposed rules. (2) The department shall obtain comments from the board prior to initiating the rule promulgation process.

(1) The Department of Human Services shall advise the Child Welfare Agency Review Board regarding proposed rules.

(2) The department shall obtain comments from the board prior to initiating the rule promulgation process.

(b) (1) The board is authorized to make an inspection and investigation of any proposed or operating child welfare agency and of any personnel connected with that agency to the extent that an inspection and investigation are necessary to determine whether the child welfare agency will be or is being operated in accordance with this subchapter and the rules promulgated by the board. (2) The board may delegate this authority to any agencies of the State of Arkansas whom the board deems proper.

(1) The board is authorized to make an inspection and investigation of any proposed or operating child welfare agency and of any personnel connected with that agency to the extent that an inspection and investigation are necessary to determine whether the child welfare agency will be or is being operated in accordance with this subchapter and the rules promulgated by the board.

(2) The board may delegate this authority to any agencies of the State of Arkansas whom the board deems proper.

(c) (1) The department or any other public agency having authority or responsibility with respect to child maltreatment shall have the authority to investigate any alleged or suspected child maltreatment in any child welfare agency, whether licensed or exempt. (2) Nothing contained in this section shall be construed to limit or restrict that authority.

(1) The department or any other public agency having authority or responsibility with respect to child maltreatment shall have the authority to investigate any alleged or suspected child maltreatment in any child welfare agency, whether licensed or exempt.

(2) Nothing contained in this section shall be construed to limit or restrict that authority.

(d) (1) The department shall assist licensees and applicants in complying with published rules by issuing advisory opinions regarding matters of rule compliance when so requested. (2) The procedure for issuing advisory opinions shall be as follows: (A) (i) Any licensee or applicant for a license may submit a written request for an advisory opinion on whether or not a practice in any planned or existing child welfare agency complies with the rules promulgated pursuant to this subchapter. (ii) The department must respond to the request in writing within twenty (20) business days of receiving the request. (iii) If the department's response is that the subject of the request would not comply with published standards, the department shall suggest an alternative practice that in its opinion would comply with published standards when it is possible to do so; and (B) (i) A written opinion required in subdivision (d)(2)(A) of this section is binding on the department as a declaratory order if the applicant or licensee has acted in reliance on the opinion. (ii) Notwithstanding the foregoing, in no event shall the advisory opinion be binding on the board if the compliance issue that is the subject of the advisory opinion is presented to the board for review.

(1) The department shall assist licensees and applicants in complying with published rules by issuing advisory opinions regarding matters of rule compliance when so requested.

(2) The procedure for issuing advisory opinions shall be as follows: (A) (i) Any licensee or applicant for a license may submit a written request for an advisory opinion on whether or not a practice in any planned or existing child welfare agency complies with the rules promulgated pursuant to this subchapter. (ii) The department must respond to the request in writing within twenty (20) business days of receiving the request. (iii) If the department's response is that the subject of the request would not comply with published standards, the department shall suggest an alternative practice that in its opinion would comply with published standards when it is possible to do so; and (B) (i) A written opinion required in subdivision (d)(2)(A) of this section is binding on the department as a declaratory order if the applicant or licensee has acted in reliance on the opinion. (ii) Notwithstanding the foregoing, in no event shall the advisory opinion be binding on the board if the compliance issue that is the subject of the advisory opinion is presented to the board for review.

(A) (i) Any licensee or applicant for a license may submit a written request for an advisory opinion on whether or not a practice in any planned or existing child welfare agency complies with the rules promulgated pursuant to this subchapter. (ii) The department must respond to the request in writing within twenty (20) business days of receiving the request. (iii) If the department's response is that the subject of the request would not comply with published standards, the department shall suggest an alternative practice that in its opinion would comply with published standards when it is possible to do so; and

(i) Any licensee or applicant for a license may submit a written request for an advisory opinion on whether or not a practice in any planned or existing child welfare agency complies with the rules promulgated pursuant to this subchapter.

(ii) The department must respond to the request in writing within twenty (20) business days of receiving the request.

(iii) If the department's response is that the subject of the request would not comply with published standards, the department shall suggest an alternative practice that in its opinion would comply with published standards when it is possible to do so; and

(B) (i) A written opinion required in subdivision (d)(2)(A) of this section is binding on the department as a declaratory order if the applicant or licensee has acted in reliance on the opinion. (ii) Notwithstanding the foregoing, in no event shall the advisory opinion be binding on the board if the compliance issue that is the subject of the advisory opinion is presented to the board for review.

(i) A written opinion required in subdivision (d)(2)(A) of this section is binding on the department as a declaratory order if the applicant or licensee has acted in reliance on the opinion.

(ii) Notwithstanding the foregoing, in no event shall the advisory opinion be binding on the board if the compliance issue that is the subject of the advisory opinion is presented to the board for review.

(e) (1) The department shall inspect child welfare agencies as provided in this subsection. (2) If the department finds that a child welfare agency has failed to comply with an applicable law or rule, the department shall issue a notice of noncompliance to the child welfare agency. The department's notice of noncompliance shall contain: (A) A factual description of the conditions that constitute a violation of the law or rule; (B) The specific law or rule violated; and (C) A reasonable time frame within which the violation must be corrected. (3) (A) (i) If the child welfare agency believes that the contents of the department's notice of noncompliance are in error, the child welfare agency may ask licensing authorities to reconsider the parts of the notice of noncompliance that are alleged to be in error. (ii) The request for reconsideration must be in writing, delivered by certified mail within twenty (20) business days of receipt of the notice of noncompliance. (iii) The request shall specify the parts of the notice of noncompliance that are alleged to be in error, explaining why they are in error, and include documentation to support the allegation of error. (B) (i) The department shall render a decision on the request for reconsideration within twenty (20) working days after the date the request for reconsideration was received. (ii) The licensee's request for reconsideration and supporting documentation shall be retained by the department and made a part of the licensee's record. (4) (A) If upon reinspection or other acceptable means of verification, the department finds that the licensee has corrected the violation or violations specified in the notice of noncompliance, the department shall note the correction and the date the correction was verified in the licensee's record. (B) If upon reinspection, the department finds that the licensee has not corrected the violations specified in the notice of noncompliance within the required time frame, the department may in its discretion petition the board to impose appropriate adverse action against the licensee. (C) In the case of an applicant for a license, if the board or its designee finds that the applicant has not corrected the violations in a previously issued notice of noncompliance, the department may recommend denial of the application for a child welfare agency license.

(1) The department shall inspect child welfare agencies as provided in this subsection.

(2) If the department finds that a child welfare agency has failed to comply with an applicable law or rule, the department shall issue a notice of noncompliance to the child welfare agency. The department's notice of noncompliance shall contain: (A) A factual description of the conditions that constitute a violation of the law or rule; (B) The specific law or rule violated; and (C) A reasonable time frame within which the violation must be corrected.

(A) A factual description of the conditions that constitute a violation of the law or rule;

(B) The specific law or rule violated; and

(C) A reasonable time frame within which the violation must be corrected.

(3) (A) (i) If the child welfare agency believes that the contents of the department's notice of noncompliance are in error, the child welfare agency may ask licensing authorities to reconsider the parts of the notice of noncompliance that are alleged to be in error. (ii) The request for reconsideration must be in writing, delivered by certified mail within twenty (20) business days of receipt of the notice of noncompliance. (iii) The request shall specify the parts of the notice of noncompliance that are alleged to be in error, explaining why they are in error, and include documentation to support the allegation of error. (B) (i) The department shall render a decision on the request for reconsideration within twenty (20) working days after the date the request for reconsideration was received. (ii) The licensee's request for reconsideration and supporting documentation shall be retained by the department and made a part of the licensee's record.

(A) (i) If the child welfare agency believes that the contents of the department's notice of noncompliance are in error, the child welfare agency may ask licensing authorities to reconsider the parts of the notice of noncompliance that are alleged to be in error. (ii) The request for reconsideration must be in writing, delivered by certified mail within twenty (20) business days of receipt of the notice of noncompliance. (iii) The request shall specify the parts of the notice of noncompliance that are alleged to be in error, explaining why they are in error, and include documentation to support the allegation of error.

(i) If the child welfare agency believes that the contents of the department's notice of noncompliance are in error, the child welfare agency may ask licensing authorities to reconsider the parts of the notice of noncompliance that are alleged to be in error.

(ii) The request for reconsideration must be in writing, delivered by certified mail within twenty (20) business days of receipt of the notice of noncompliance.

(iii) The request shall specify the parts of the notice of noncompliance that are alleged to be in error, explaining why they are in error, and include documentation to support the allegation of error.

(B) (i) The department shall render a decision on the request for reconsideration within twenty (20) working days after the date the request for reconsideration was received. (ii) The licensee's request for reconsideration and supporting documentation shall be retained by the department and made a part of the licensee's record.

(i) The department shall render a decision on the request for reconsideration within twenty (20) working days after the date the request for reconsideration was received.

(ii) The licensee's request for reconsideration and supporting documentation shall be retained by the department and made a part of the licensee's record.

(4) (A) If upon reinspection or other acceptable means of verification, the department finds that the licensee has corrected the violation or violations specified in the notice of noncompliance, the department shall note the correction and the date the correction was verified in the licensee's record. (B) If upon reinspection, the department finds that the licensee has not corrected the violations specified in the notice of noncompliance within the required time frame, the department may in its discretion petition the board to impose appropriate adverse action against the licensee. (C) In the case of an applicant for a license, if the board or its designee finds that the applicant has not corrected the violations in a previously issued notice of noncompliance, the department may recommend denial of the application for a child welfare agency license.

(A) If upon reinspection or other acceptable means of verification, the department finds that the licensee has corrected the violation or violations specified in the notice of noncompliance, the department shall note the correction and the date the correction was verified in the licensee's record.

(B) If upon reinspection, the department finds that the licensee has not corrected the violations specified in the notice of noncompliance within the required time frame, the department may in its discretion petition the board to impose appropriate adverse action against the licensee.

(C) In the case of an applicant for a license, if the board or its designee finds that the applicant has not corrected the violations in a previously issued notice of noncompliance, the department may recommend denial of the application for a child welfare agency license.

Amended by Act 2019, No. 315,§ 729, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 728, eff. 7/24/2019.

Amended by Act 2013, No. 1275,§ 3, eff. 8/16/2013

Acts 1997, No. 1041, § 6; 2011, No. 522, § 15
Ark. Code Ann. § 9-9-301 — AR Code / Title 9 / Chapter 9 / Subchapter 3 / Section 9-9-301
Adoptions under prior law validated
Status: in_force

All adoptions that have been granted by the probate courts of this state under authority of Acts 1947, No. 369, § 7 [repealed], when the guardian appointed was appointed under the guardianship procedures outlined under Acts 1911, No. 215, § 12 [repealed] and Acts 1947, No. 369, § 20 [repealed], are confirmed and made valid. Acts 1977, No. 195, § 4; A.S.A. 1947, § 56-129

All adoptions that have been granted by the probate courts of this state under authority of Acts 1947, No. 369, § 7 [repealed], when the guardian appointed was appointed under the guardianship procedures outlined under Acts 1911, No. 215, § 12 [repealed] and Acts 1947, No. 369, § 20 [repealed], are confirmed and made valid.

Acts 1977, No. 195, § 4; A.S.A. 1947, § 56-129
Ark. Code Ann. § 9-26-210 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-210
Single custodianship
Status: in_force

A transfer may be made only for one (1) minor, and only one (1) person may be the custodian. All custodial property held under this subchapter by the same custodian for the benefit of the same minor constitutes a single custodianship. Acts 1985, No. 476, § 10; A.S.A. 1947, § 50-943

A transfer may be made only for one (1) minor, and only one (1) person may be the custodian. All custodial property held under this subchapter by the same custodian for the benefit of the same minor constitutes a single custodianship.

Acts 1985, No. 476, § 10; A.S.A. 1947, § 50-943
Ark. Code Ann. § 9-25-106 — AR Code / Title 9 / Chapter 25 / Section 9-25-106
Certified unaccompanied homeless youths - Definitions
Status: in_force

(a) As used in this section, "unaccompanied homeless youth" means an individual who is between sixteen (16) years of age and twenty-two (22) years of age and who is not in the physical custody of a parent or guardian, including without limitation a youth: (1) Who has run away from home; (2) Who has been forced to leave his or her home; or (3) Whose parents have left the area and left the youth behind. (b) An unaccompanied homeless youth may become certified if he or she is: (1) Found by a school district's liaison for homeless children and youths to be an unaccompanied homeless youth eligible for services under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2023; or (2) Believed to qualify as an unaccompanied homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2023, by: (A) The director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the designee of the director of an emergency shelter program funded by the United States Department of Housing and Urban Development; (B) The director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director's designee; or (C) A continuum of care lead agency, or its designee. (c) (1) The Department of Human Services shall develop a standardized form that must be used by the entities specified in subsection (b) of this section to certify qualifying unaccompanied homeless youth. (2) The front of the form required under subdivision (c)(1) of this section shall include without limitation the: (A) Circumstances that qualify the youth as an unaccompanied homeless youth; (B) Date the youth was certified; and (C) Name, title, and signature of the certifying individual specified under subsection (b) of this section. (3) The requirements under subdivision (c)(2) of this section shall be reproduced on the back of the form. (d) A certified unaccompanied homeless youth may use the completed form to have: (1) The fee for the issuance of an identification card waived under § 27-16-805(a) ; (2) The fee for the issuance of a driver's license waived under § 27-16-801(i) ; (3) Any other costs incidental to licensure waived under § 27-16-801 ; (4) The fee for driver education waived under § 27-18-106 ; (5) The fee for the issuance of a certified copy of his or her birth certificate waived under § 20-18-306(c) ; or (6) The fee for the issuance of a copy of his or her transcript waived under § 6-61-142 . Added by Act 2023, No. 506,§ 2, eff. 8/1/2023.

(a) As used in this section, "unaccompanied homeless youth" means an individual who is between sixteen (16) years of age and twenty-two (22) years of age and who is not in the physical custody of a parent or guardian, including without limitation a youth: (1) Who has run away from home; (2) Who has been forced to leave his or her home; or (3) Whose parents have left the area and left the youth behind.

(1) Who has run away from home;

(2) Who has been forced to leave his or her home; or

(3) Whose parents have left the area and left the youth behind.

(b) An unaccompanied homeless youth may become certified if he or she is: (1) Found by a school district's liaison for homeless children and youths to be an unaccompanied homeless youth eligible for services under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2023; or (2) Believed to qualify as an unaccompanied homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2023, by: (A) The director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the designee of the director of an emergency shelter program funded by the United States Department of Housing and Urban Development; (B) The director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director's designee; or (C) A continuum of care lead agency, or its designee.

(1) Found by a school district's liaison for homeless children and youths to be an unaccompanied homeless youth eligible for services under the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2023; or

(2) Believed to qualify as an unaccompanied homeless youth, as defined in the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11432 et seq., as existing on January 1, 2023, by: (A) The director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the designee of the director of an emergency shelter program funded by the United States Department of Housing and Urban Development; (B) The director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director's designee; or (C) A continuum of care lead agency, or its designee.

(A) The director of an emergency shelter program funded by the United States Department of Housing and Urban Development, or the designee of the director of an emergency shelter program funded by the United States Department of Housing and Urban Development;

(B) The director of a runaway or homeless youth basic center or transitional living program funded by the United States Department of Health and Human Services, or the director's designee; or

(C) A continuum of care lead agency, or its designee.

(c) (1) The Department of Human Services shall develop a standardized form that must be used by the entities specified in subsection (b) of this section to certify qualifying unaccompanied homeless youth. (2) The front of the form required under subdivision (c)(1) of this section shall include without limitation the: (A) Circumstances that qualify the youth as an unaccompanied homeless youth; (B) Date the youth was certified; and (C) Name, title, and signature of the certifying individual specified under subsection (b) of this section. (3) The requirements under subdivision (c)(2) of this section shall be reproduced on the back of the form.

(1) The Department of Human Services shall develop a standardized form that must be used by the entities specified in subsection (b) of this section to certify qualifying unaccompanied homeless youth.

(2) The front of the form required under subdivision (c)(1) of this section shall include without limitation the: (A) Circumstances that qualify the youth as an unaccompanied homeless youth; (B) Date the youth was certified; and (C) Name, title, and signature of the certifying individual specified under subsection (b) of this section.

(A) Circumstances that qualify the youth as an unaccompanied homeless youth;

(B) Date the youth was certified; and

(C) Name, title, and signature of the certifying individual specified under subsection (b) of this section.

(3) The requirements under subdivision (c)(2) of this section shall be reproduced on the back of the form.

(d) A certified unaccompanied homeless youth may use the completed form to have: (1) The fee for the issuance of an identification card waived under § 27-16-805(a) ; (2) The fee for the issuance of a driver's license waived under § 27-16-801(i) ; (3) Any other costs incidental to licensure waived under § 27-16-801 ; (4) The fee for driver education waived under § 27-18-106 ; (5) The fee for the issuance of a certified copy of his or her birth certificate waived under § 20-18-306(c) ; or (6) The fee for the issuance of a copy of his or her transcript waived under § 6-61-142 .

(1) The fee for the issuance of an identification card waived under § 27-16-805(a) ;

(2) The fee for the issuance of a driver's license waived under § 27-16-801(i) ;

(3) Any other costs incidental to licensure waived under § 27-16-801 ;

(4) The fee for driver education waived under § 27-18-106 ;

(5) The fee for the issuance of a certified copy of his or her birth certificate waived under § 20-18-306(c) ; or

(6) The fee for the issuance of a copy of his or her transcript waived under § 6-61-142 .

Added by Act 2023, No. 506,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 9-27-363 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-363
Foster youth transition
Status: in_force

(a) The General Assembly finds that: (1) A juvenile in foster care should have a family for a lifetime, but too many juveniles in foster care reach the age of majority without being successfully reunited with their biological families and without the security of permanent homes; (2) A juvenile in foster care who is approaching the age of majority shall be provided the opportunity to be actively engaged in the planning of his or her future; and (3) The Department of Human Services shall: (A) Include the juvenile in the process of developing a plan to transition the child into adulthood; (B) Empower the juvenile with information about all of the options and services available; (C) Provide the juvenile with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter adulthood; (D) Assist the juvenile in developing and maintaining healthy relationships with nurturing adults who can be a resource and positive guiding influences in his or her life after he or she leaves foster care; and (E) Provide the juvenile with basic information and documentation regarding his or her biological family and personal history. (b) (1) The department shall assist a juvenile in foster care or entering foster care with the development of a transitional life plan when the juvenile turns fourteen (14) years of age or within ninety (90) days of his or her fourteenth birthday, whichever occurs first. (2) The plan shall include without limitation written information and confirmation concerning: (A) A description of the programs and services that will help the juvenile prepare for transition from foster care to a successful adulthood, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood; (B) The juvenile's right to remain in extended foster care after reaching eighteen (18) years of age if the juvenile: (i) Is completing secondary education or a program leading to an equivalent credential; (ii) Is enrolled in an institution that provides postsecondary or vocational education; (iii) Is participating in a program or activity designed to promote or remove barriers to employment; (iv) Is employed for at least eighty (80) hours per month; (v) Has a viable plan to meet the requirements of subdivisions (b)(2)(B)(i)-(iv) of this section; or (vi) Is incapable of doing one (1) or more of the activities listed in subdivisions (b)(2)(B)(i)-(v) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; and (C) The juvenile's case, including his or her biological family, foster care placement history, tribal information, if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to a sibling would jeopardize the safety or welfare of the sibling. (c) The department shall assist the juvenile with: (1) Completing applications for: (A) ARKids First, Medicaid, or assistance in obtaining other health insurance; (B) Referrals to transitional housing, if available, or assistance in securing other housing; and (C) Assistance in obtaining employment or other financial support; (2) Applying for admission to a college or university, to a vocational training program, or to another educational institution and in obtaining financial aid, when appropriate; and (3) Developing and maintaining relationships with individuals who are important to the juvenile and who may serve as resources that are based on the best interest of the juvenile. (d) A juvenile and his or her attorney shall fully participate in the development of his or her transitional plan, to the extent that the juvenile is able to participate medically and developmentally. (e) (1) If a juvenile does not have the capacity to successfully transition into adulthood without the assistance of the Office of Public Guardian for Adults, the Division of Children and Family Services shall make a referral to the office no later than six (6) months before the juvenile reaches eighteen (18) years of age or upon entering foster care, whichever occurs later. (2) A representative from the office or a designee shall attend and participate in the transitional youth staffing, and information shall be provided to all of the parties about what services are available and how to access services for the juvenile after reaching the age of majority. (f) Before closing a case, the department shall provide a juvenile in foster care who reaches eighteen (18) years of age or before leaving foster care, whichever is later, his or her: (1) Social Security card; (2) Certified birth certificate or verification of birth record, if available or if it should have been available to the department; (3) Family photos in the possession of the department; (4) (A) All of the juvenile's health records for the time the juvenile was in foster care and other medical records that were available or should have been available to the department. (B) A juvenile who reaches eighteen (18) years of age and remains in foster care shall not be prevented from requesting that his or her health records remain private; (5) All of the juvenile's educational records for the time the juvenile was in foster care and any other educational records that were available or should have been available to the department; and (6) Driver's license or a state-issued official identification card. (g) Within thirty (30) days after the juvenile leaves foster care, the department shall provide the juvenile a full accounting of all funds held by the department to which he or she is entitled, information on how to access the funds, and when the funds will be available. (h) The department shall not request a circuit court to close a family-in-need-of-services case or dependency-neglect case involving a juvenile in foster care until the department complies with this section. (i) The department shall provide notice to the juvenile and his or her attorney before a hearing in which the department or another party requests a court to close the case is held. (j) A circuit court shall continue jurisdiction over a juvenile who has reached eighteen (18) years of age to ensure compliance with § 9-28-114 . (k) This section does not limit the discretion of a circuit court to continue jurisdiction for other reasons as provided for by law. Amended by Act 2021, No. 791,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 316,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 663,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 251,§ 2, eff. 8/1/2017 Amended by Act 2015, No. 1033,§ 1, eff. 7/22/2015 Amended by Act 2015, No. 1038,§ 3, eff. 4/4/2015 Amended by Act 2013, No. 1055,§ 15, eff. 8/16/2013 Acts 2009, No. 391, § 1; 2011, No. 591, § 8

(a) The General Assembly finds that: (1) A juvenile in foster care should have a family for a lifetime, but too many juveniles in foster care reach the age of majority without being successfully reunited with their biological families and without the security of permanent homes; (2) A juvenile in foster care who is approaching the age of majority shall be provided the opportunity to be actively engaged in the planning of his or her future; and (3) The Department of Human Services shall: (A) Include the juvenile in the process of developing a plan to transition the child into adulthood; (B) Empower the juvenile with information about all of the options and services available; (C) Provide the juvenile with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter adulthood; (D) Assist the juvenile in developing and maintaining healthy relationships with nurturing adults who can be a resource and positive guiding influences in his or her life after he or she leaves foster care; and (E) Provide the juvenile with basic information and documentation regarding his or her biological family and personal history.

(1) A juvenile in foster care should have a family for a lifetime, but too many juveniles in foster care reach the age of majority without being successfully reunited with their biological families and without the security of permanent homes;

(2) A juvenile in foster care who is approaching the age of majority shall be provided the opportunity to be actively engaged in the planning of his or her future; and

(3) The Department of Human Services shall: (A) Include the juvenile in the process of developing a plan to transition the child into adulthood; (B) Empower the juvenile with information about all of the options and services available; (C) Provide the juvenile with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter adulthood; (D) Assist the juvenile in developing and maintaining healthy relationships with nurturing adults who can be a resource and positive guiding influences in his or her life after he or she leaves foster care; and (E) Provide the juvenile with basic information and documentation regarding his or her biological family and personal history.

(A) Include the juvenile in the process of developing a plan to transition the child into adulthood;

(B) Empower the juvenile with information about all of the options and services available;

(C) Provide the juvenile with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter adulthood;

(D) Assist the juvenile in developing and maintaining healthy relationships with nurturing adults who can be a resource and positive guiding influences in his or her life after he or she leaves foster care; and

(E) Provide the juvenile with basic information and documentation regarding his or her biological family and personal history.

(b) (1) The department shall assist a juvenile in foster care or entering foster care with the development of a transitional life plan when the juvenile turns fourteen (14) years of age or within ninety (90) days of his or her fourteenth birthday, whichever occurs first. (2) The plan shall include without limitation written information and confirmation concerning: (A) A description of the programs and services that will help the juvenile prepare for transition from foster care to a successful adulthood, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood; (B) The juvenile's right to remain in extended foster care after reaching eighteen (18) years of age if the juvenile: (i) Is completing secondary education or a program leading to an equivalent credential; (ii) Is enrolled in an institution that provides postsecondary or vocational education; (iii) Is participating in a program or activity designed to promote or remove barriers to employment; (iv) Is employed for at least eighty (80) hours per month; (v) Has a viable plan to meet the requirements of subdivisions (b)(2)(B)(i)-(iv) of this section; or (vi) Is incapable of doing one (1) or more of the activities listed in subdivisions (b)(2)(B)(i)-(v) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; and (C) The juvenile's case, including his or her biological family, foster care placement history, tribal information, if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to a sibling would jeopardize the safety or welfare of the sibling.

(1) The department shall assist a juvenile in foster care or entering foster care with the development of a transitional life plan when the juvenile turns fourteen (14) years of age or within ninety (90) days of his or her fourteenth birthday, whichever occurs first.

(2) The plan shall include without limitation written information and confirmation concerning: (A) A description of the programs and services that will help the juvenile prepare for transition from foster care to a successful adulthood, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood; (B) The juvenile's right to remain in extended foster care after reaching eighteen (18) years of age if the juvenile: (i) Is completing secondary education or a program leading to an equivalent credential; (ii) Is enrolled in an institution that provides postsecondary or vocational education; (iii) Is participating in a program or activity designed to promote or remove barriers to employment; (iv) Is employed for at least eighty (80) hours per month; (v) Has a viable plan to meet the requirements of subdivisions (b)(2)(B)(i)-(iv) of this section; or (vi) Is incapable of doing one (1) or more of the activities listed in subdivisions (b)(2)(B)(i)-(v) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; and (C) The juvenile's case, including his or her biological family, foster care placement history, tribal information, if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to a sibling would jeopardize the safety or welfare of the sibling.

(A) A description of the programs and services that will help the juvenile prepare for transition from foster care to a successful adulthood, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood;

(B) The juvenile's right to remain in extended foster care after reaching eighteen (18) years of age if the juvenile: (i) Is completing secondary education or a program leading to an equivalent credential; (ii) Is enrolled in an institution that provides postsecondary or vocational education; (iii) Is participating in a program or activity designed to promote or remove barriers to employment; (iv) Is employed for at least eighty (80) hours per month; (v) Has a viable plan to meet the requirements of subdivisions (b)(2)(B)(i)-(iv) of this section; or (vi) Is incapable of doing one (1) or more of the activities listed in subdivisions (b)(2)(B)(i)-(v) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; and

(i) Is completing secondary education or a program leading to an equivalent credential;

(ii) Is enrolled in an institution that provides postsecondary or vocational education;

(iii) Is participating in a program or activity designed to promote or remove barriers to employment;

(iv) Is employed for at least eighty (80) hours per month;

(v) Has a viable plan to meet the requirements of subdivisions (b)(2)(B)(i)-(iv) of this section; or

(vi) Is incapable of doing one (1) or more of the activities listed in subdivisions (b)(2)(B)(i)-(v) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; and

(C) The juvenile's case, including his or her biological family, foster care placement history, tribal information, if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to a sibling would jeopardize the safety or welfare of the sibling.

(c) The department shall assist the juvenile with: (1) Completing applications for: (A) ARKids First, Medicaid, or assistance in obtaining other health insurance; (B) Referrals to transitional housing, if available, or assistance in securing other housing; and (C) Assistance in obtaining employment or other financial support; (2) Applying for admission to a college or university, to a vocational training program, or to another educational institution and in obtaining financial aid, when appropriate; and (3) Developing and maintaining relationships with individuals who are important to the juvenile and who may serve as resources that are based on the best interest of the juvenile.

(1) Completing applications for: (A) ARKids First, Medicaid, or assistance in obtaining other health insurance; (B) Referrals to transitional housing, if available, or assistance in securing other housing; and (C) Assistance in obtaining employment or other financial support;

(A) ARKids First, Medicaid, or assistance in obtaining other health insurance;

(B) Referrals to transitional housing, if available, or assistance in securing other housing; and

(C) Assistance in obtaining employment or other financial support;

(2) Applying for admission to a college or university, to a vocational training program, or to another educational institution and in obtaining financial aid, when appropriate; and

(3) Developing and maintaining relationships with individuals who are important to the juvenile and who may serve as resources that are based on the best interest of the juvenile.

(d) A juvenile and his or her attorney shall fully participate in the development of his or her transitional plan, to the extent that the juvenile is able to participate medically and developmentally.

(e) (1) If a juvenile does not have the capacity to successfully transition into adulthood without the assistance of the Office of Public Guardian for Adults, the Division of Children and Family Services shall make a referral to the office no later than six (6) months before the juvenile reaches eighteen (18) years of age or upon entering foster care, whichever occurs later. (2) A representative from the office or a designee shall attend and participate in the transitional youth staffing, and information shall be provided to all of the parties about what services are available and how to access services for the juvenile after reaching the age of majority.

(1) If a juvenile does not have the capacity to successfully transition into adulthood without the assistance of the Office of Public Guardian for Adults, the Division of Children and Family Services shall make a referral to the office no later than six (6) months before the juvenile reaches eighteen (18) years of age or upon entering foster care, whichever occurs later.

(2) A representative from the office or a designee shall attend and participate in the transitional youth staffing, and information shall be provided to all of the parties about what services are available and how to access services for the juvenile after reaching the age of majority.

(f) Before closing a case, the department shall provide a juvenile in foster care who reaches eighteen (18) years of age or before leaving foster care, whichever is later, his or her: (1) Social Security card; (2) Certified birth certificate or verification of birth record, if available or if it should have been available to the department; (3) Family photos in the possession of the department; (4) (A) All of the juvenile's health records for the time the juvenile was in foster care and other medical records that were available or should have been available to the department. (B) A juvenile who reaches eighteen (18) years of age and remains in foster care shall not be prevented from requesting that his or her health records remain private; (5) All of the juvenile's educational records for the time the juvenile was in foster care and any other educational records that were available or should have been available to the department; and (6) Driver's license or a state-issued official identification card.

(1) Social Security card;

(2) Certified birth certificate or verification of birth record, if available or if it should have been available to the department;

(3) Family photos in the possession of the department;

(4) (A) All of the juvenile's health records for the time the juvenile was in foster care and other medical records that were available or should have been available to the department. (B) A juvenile who reaches eighteen (18) years of age and remains in foster care shall not be prevented from requesting that his or her health records remain private;

(A) All of the juvenile's health records for the time the juvenile was in foster care and other medical records that were available or should have been available to the department.

(B) A juvenile who reaches eighteen (18) years of age and remains in foster care shall not be prevented from requesting that his or her health records remain private;

(5) All of the juvenile's educational records for the time the juvenile was in foster care and any other educational records that were available or should have been available to the department; and

(6) Driver's license or a state-issued official identification card.

(g) Within thirty (30) days after the juvenile leaves foster care, the department shall provide the juvenile a full accounting of all funds held by the department to which he or she is entitled, information on how to access the funds, and when the funds will be available.

(h) The department shall not request a circuit court to close a family-in-need-of-services case or dependency-neglect case involving a juvenile in foster care until the department complies with this section.

(i) The department shall provide notice to the juvenile and his or her attorney before a hearing in which the department or another party requests a court to close the case is held.

(j) A circuit court shall continue jurisdiction over a juvenile who has reached eighteen (18) years of age to ensure compliance with § 9-28-114 .

(k) This section does not limit the discretion of a circuit court to continue jurisdiction for other reasons as provided for by law.

Amended by Act 2021, No. 791,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 316,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 663,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 251,§ 2, eff. 8/1/2017

Amended by Act 2015, No. 1033,§ 1, eff. 7/22/2015

Amended by Act 2015, No. 1038,§ 3, eff. 4/4/2015

Amended by Act 2013, No. 1055,§ 15, eff. 8/16/2013

Acts 2009, No. 391, § 1; 2011, No. 591, § 8
Ark. Code Ann. § 9-6-108 — AR Code / Title 9 / Chapter 6 / Section 9-6-108
Training requirements
Status: in_force

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter: (1) (A) Requires each member of its board of directors to attend an orientation that is administered by a statewide domestic violence entity and approved by the Department of Finance and Administration or its designee within six (6) months after joining the board of directors. (B) The orientation required under subdivision (1)(A) of this section shall include an explanation of the dynamics of domestic violence and the role of a board member; (2) (A) Requires each advocate and volunteer who provides direct services to victims to attend fifteen (15) hours of initial staff training approved by the department or its designee. (B) The initial staff training required under subdivision (2)(A) of this section shall include without limitation the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) Proper procedure for answering the crisis telephone hotline; and (3) (A) Requires each advocate who provides direct services to victims to attend ten (10) hours of continuing education annually that is approved by the department or its designee. (B) The continuing education required under subdivision (3)(A) of this section shall include without limitation the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) The proper procedure for answering the crisis telephone hotline. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter:

(1) (A) Requires each member of its board of directors to attend an orientation that is administered by a statewide domestic violence entity and approved by the Department of Finance and Administration or its designee within six (6) months after joining the board of directors. (B) The orientation required under subdivision (1)(A) of this section shall include an explanation of the dynamics of domestic violence and the role of a board member;

(A) Requires each member of its board of directors to attend an orientation that is administered by a statewide domestic violence entity and approved by the Department of Finance and Administration or its designee within six (6) months after joining the board of directors.

(B) The orientation required under subdivision (1)(A) of this section shall include an explanation of the dynamics of domestic violence and the role of a board member;

(2) (A) Requires each advocate and volunteer who provides direct services to victims to attend fifteen (15) hours of initial staff training approved by the department or its designee. (B) The initial staff training required under subdivision (2)(A) of this section shall include without limitation the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) Proper procedure for answering the crisis telephone hotline; and

(A) Requires each advocate and volunteer who provides direct services to victims to attend fifteen (15) hours of initial staff training approved by the department or its designee.

(B) The initial staff training required under subdivision (2)(A) of this section shall include without limitation the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) Proper procedure for answering the crisis telephone hotline; and

(i) Crisis intervention;

(ii) Case management;

(iii) Safety planning;

(iv) Individual or group facilitation; and

(v) Proper procedure for answering the crisis telephone hotline; and

(3) (A) Requires each advocate who provides direct services to victims to attend ten (10) hours of continuing education annually that is approved by the department or its designee. (B) The continuing education required under subdivision (3)(A) of this section shall include without limitation the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) The proper procedure for answering the crisis telephone hotline.

(A) Requires each advocate who provides direct services to victims to attend ten (10) hours of continuing education annually that is approved by the department or its designee.

(B) The continuing education required under subdivision (3)(A) of this section shall include without limitation the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) The proper procedure for answering the crisis telephone hotline.

(i) Crisis intervention;

(ii) Case management;

(iii) Safety planning;

(iv) Individual or group facilitation; and

(v) The proper procedure for answering the crisis telephone hotline.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-4-104 — AR Code / Title 9 / Chapter 4 / Section 9-4-104
Receipt of money
Status: in_force

Under this chapter and in the administration of the Domestic Peace Fund, the Arkansas Child Abuse/Rape/Domestic Violence Commission shall not accept money or other assistance from the federal government or any other entity or person if the acceptance would obligate the State of Arkansas except to the extent that money is available in the fund. Acts 2003, No. 1276, § 1

Under this chapter and in the administration of the Domestic Peace Fund, the Arkansas Child Abuse/Rape/Domestic Violence Commission shall not accept money or other assistance from the federal government or any other entity or person if the acceptance would obligate the State of Arkansas except to the extent that money is available in the fund.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-28-217 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-217
Juvenile records confidentiality
Status: in_force

(a) Except as provided in subsection (c) of this section, reports, correspondence, memoranda, case histories, or other material that personally identifies a juvenile, including protected health information, compiled or received by a juvenile detention facility, a community-based provider for the Division of Youth Services, or the Division of Youth Services shall be confidential and shall not be released or otherwise made available except to the following persons or entities and to the extent permitted by federal law: (1) The juvenile; (2) The juvenile's parent, guardian, or custodian; (3) The juvenile division of circuit court and court staff; (4) The ombudsman of youth committed to the Division of Youth Services; (5) The attorney for the juvenile; (6) The attorney ad litem for the juvenile; (7) A grand jury or a court upon a finding that information in the juvenile's record is necessary for the determination of an issue before the court or the grand jury; (8) (A) Individual federal and state representatives and senators and their staff members in their official capacity. (B) However, no disclosure shall be made to any committee or legislative body of any information that identifies any recipient of services by name or address unless the juvenile, the juvenile's attorney, and the juvenile's parent, guardian, or custodian agree in writing to waive confidentiality and permit disclosure to the committee or legislative body; (9) Law enforcement or the prosecuting attorney; (10) Service providers, including healthcare providers, to assist in the care, evaluation, examination, or treatment of the juvenile; (11) A governmental agency for an audit or similar activity conducted in connection with the administration of any plan or program if the governmental agency is authorized by law to conduct the audit or activity; (12) A court-appointed special advocate upon presentation of an order of appointment; (13) A federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need; (14) A federal, state, or local government entity or any agent of the entity having a need for the information in order to carry out its responsibilities under law to serve or protect a juvenile delinquent or a juvenile who is a member of a family in need of services; (15) Any licensing or registering authority may access to the extent necessary to carry out its official responsibilities; (16) A multidisciplinary team coordinating a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq., pertaining to the juvenile; (17) The general public about any juvenile fatality if the death occurred when the Division of Youth Services, a detention center, or a community-based provider had responsibility for placement and care of the juvenile; (18) (A) A person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Youth Services to have value for the evaluation or development of policies to advance juvenile justice. (B) Any confidential information provided by the Department of Human Services for a research or evaluation project in subdivision (a)(18)(A) of this section shall not be redisclosed or published; and (19) (A) The Department of Corrections for the purpose of creating a risk assessment, classification plan, or supervision plan for each juvenile who: (i) Has an extended juvenile jurisdiction designation; and (ii) Comes under the supervision or enters into the custody of the Department of Corrections as an adult from the Division of Youth Services. (B) (i) The Department of Corrections shall promulgate rules for the implementation of this subdivision (a)(19). (ii) The rules of the Department of Corrections shall prescribe the procedure for requesting confidential juvenile records under this section and the manner in which the records shall be used. (iii) The Department of Corrections shall submit the rules to the following committees for review: (a) Senate Interim Committee on Children and Youth; (b) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (c) Administrative Rules Subcommittee of the Legislative Council. (b) (1) Any person or agency to whom disclosure is made shall not disclose to any other person not identified in subsection (a) of this section a report or other information obtained pursuant to this section. (2) Nothing in this subsection shall be construed to prevent subsequent disclosure by the parent, guardian, or custodian, or the juvenile or the juvenile's attorney. (3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor. (c) No information pertaining to a juvenile shall be released by a juvenile detention facility, a community-based provider for the Division of Youth Services, or the Division of Youth Services after the juvenile reaches eighteen (18) years of age unless: (1) The juvenile remains in the custody of the Division of Youth Services; (2) The juvenile consents; or (3) An order requiring release of the information is entered by a court or a grand jury. Amended by Act 2021, No. 187,§ 1, eff. 7/28/2021. Amended by Act 2016EX3, No. 17,§ 1, eff. 5/23/2016 Amended by Act 2016EX3, No. 16,§ 1, eff. 5/23/2016 Acts 2007, No. 742, § 1; 2009, No. 758, § 15

(a) Except as provided in subsection (c) of this section, reports, correspondence, memoranda, case histories, or other material that personally identifies a juvenile, including protected health information, compiled or received by a juvenile detention facility, a community-based provider for the Division of Youth Services, or the Division of Youth Services shall be confidential and shall not be released or otherwise made available except to the following persons or entities and to the extent permitted by federal law: (1) The juvenile; (2) The juvenile's parent, guardian, or custodian; (3) The juvenile division of circuit court and court staff; (4) The ombudsman of youth committed to the Division of Youth Services; (5) The attorney for the juvenile; (6) The attorney ad litem for the juvenile; (7) A grand jury or a court upon a finding that information in the juvenile's record is necessary for the determination of an issue before the court or the grand jury; (8) (A) Individual federal and state representatives and senators and their staff members in their official capacity. (B) However, no disclosure shall be made to any committee or legislative body of any information that identifies any recipient of services by name or address unless the juvenile, the juvenile's attorney, and the juvenile's parent, guardian, or custodian agree in writing to waive confidentiality and permit disclosure to the committee or legislative body; (9) Law enforcement or the prosecuting attorney; (10) Service providers, including healthcare providers, to assist in the care, evaluation, examination, or treatment of the juvenile; (11) A governmental agency for an audit or similar activity conducted in connection with the administration of any plan or program if the governmental agency is authorized by law to conduct the audit or activity; (12) A court-appointed special advocate upon presentation of an order of appointment; (13) A federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need; (14) A federal, state, or local government entity or any agent of the entity having a need for the information in order to carry out its responsibilities under law to serve or protect a juvenile delinquent or a juvenile who is a member of a family in need of services; (15) Any licensing or registering authority may access to the extent necessary to carry out its official responsibilities; (16) A multidisciplinary team coordinating a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq., pertaining to the juvenile; (17) The general public about any juvenile fatality if the death occurred when the Division of Youth Services, a detention center, or a community-based provider had responsibility for placement and care of the juvenile; (18) (A) A person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Youth Services to have value for the evaluation or development of policies to advance juvenile justice. (B) Any confidential information provided by the Department of Human Services for a research or evaluation project in subdivision (a)(18)(A) of this section shall not be redisclosed or published; and (19) (A) The Department of Corrections for the purpose of creating a risk assessment, classification plan, or supervision plan for each juvenile who: (i) Has an extended juvenile jurisdiction designation; and (ii) Comes under the supervision or enters into the custody of the Department of Corrections as an adult from the Division of Youth Services. (B) (i) The Department of Corrections shall promulgate rules for the implementation of this subdivision (a)(19). (ii) The rules of the Department of Corrections shall prescribe the procedure for requesting confidential juvenile records under this section and the manner in which the records shall be used. (iii) The Department of Corrections shall submit the rules to the following committees for review: (a) Senate Interim Committee on Children and Youth; (b) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (c) Administrative Rules Subcommittee of the Legislative Council.

(1) The juvenile;

(2) The juvenile's parent, guardian, or custodian;

(3) The juvenile division of circuit court and court staff;

(4) The ombudsman of youth committed to the Division of Youth Services;

(5) The attorney for the juvenile;

(6) The attorney ad litem for the juvenile;

(7) A grand jury or a court upon a finding that information in the juvenile's record is necessary for the determination of an issue before the court or the grand jury;

(8) (A) Individual federal and state representatives and senators and their staff members in their official capacity. (B) However, no disclosure shall be made to any committee or legislative body of any information that identifies any recipient of services by name or address unless the juvenile, the juvenile's attorney, and the juvenile's parent, guardian, or custodian agree in writing to waive confidentiality and permit disclosure to the committee or legislative body;

(A) Individual federal and state representatives and senators and their staff members in their official capacity.

(B) However, no disclosure shall be made to any committee or legislative body of any information that identifies any recipient of services by name or address unless the juvenile, the juvenile's attorney, and the juvenile's parent, guardian, or custodian agree in writing to waive confidentiality and permit disclosure to the committee or legislative body;

(9) Law enforcement or the prosecuting attorney;

(10) Service providers, including healthcare providers, to assist in the care, evaluation, examination, or treatment of the juvenile;

(11) A governmental agency for an audit or similar activity conducted in connection with the administration of any plan or program if the governmental agency is authorized by law to conduct the audit or activity;

(12) A court-appointed special advocate upon presentation of an order of appointment;

(13) A federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need;

(14) A federal, state, or local government entity or any agent of the entity having a need for the information in order to carry out its responsibilities under law to serve or protect a juvenile delinquent or a juvenile who is a member of a family in need of services;

(15) Any licensing or registering authority may access to the extent necessary to carry out its official responsibilities;

(16) A multidisciplinary team coordinating a child maltreatment investigation under the Child Maltreatment Act, § 12-18-101 et seq., pertaining to the juvenile;

(17) The general public about any juvenile fatality if the death occurred when the Division of Youth Services, a detention center, or a community-based provider had responsibility for placement and care of the juvenile;

(18) (A) A person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Youth Services to have value for the evaluation or development of policies to advance juvenile justice. (B) Any confidential information provided by the Department of Human Services for a research or evaluation project in subdivision (a)(18)(A) of this section shall not be redisclosed or published; and

(A) A person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Youth Services to have value for the evaluation or development of policies to advance juvenile justice.

(B) Any confidential information provided by the Department of Human Services for a research or evaluation project in subdivision (a)(18)(A) of this section shall not be redisclosed or published; and

(19) (A) The Department of Corrections for the purpose of creating a risk assessment, classification plan, or supervision plan for each juvenile who: (i) Has an extended juvenile jurisdiction designation; and (ii) Comes under the supervision or enters into the custody of the Department of Corrections as an adult from the Division of Youth Services. (B) (i) The Department of Corrections shall promulgate rules for the implementation of this subdivision (a)(19). (ii) The rules of the Department of Corrections shall prescribe the procedure for requesting confidential juvenile records under this section and the manner in which the records shall be used. (iii) The Department of Corrections shall submit the rules to the following committees for review: (a) Senate Interim Committee on Children and Youth; (b) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (c) Administrative Rules Subcommittee of the Legislative Council.

(A) The Department of Corrections for the purpose of creating a risk assessment, classification plan, or supervision plan for each juvenile who: (i) Has an extended juvenile jurisdiction designation; and (ii) Comes under the supervision or enters into the custody of the Department of Corrections as an adult from the Division of Youth Services.

(i) Has an extended juvenile jurisdiction designation; and

(ii) Comes under the supervision or enters into the custody of the Department of Corrections as an adult from the Division of Youth Services.

(B) (i) The Department of Corrections shall promulgate rules for the implementation of this subdivision (a)(19). (ii) The rules of the Department of Corrections shall prescribe the procedure for requesting confidential juvenile records under this section and the manner in which the records shall be used. (iii) The Department of Corrections shall submit the rules to the following committees for review: (a) Senate Interim Committee on Children and Youth; (b) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (c) Administrative Rules Subcommittee of the Legislative Council.

(i) The Department of Corrections shall promulgate rules for the implementation of this subdivision (a)(19).

(ii) The rules of the Department of Corrections shall prescribe the procedure for requesting confidential juvenile records under this section and the manner in which the records shall be used.

(iii) The Department of Corrections shall submit the rules to the following committees for review: (a) Senate Interim Committee on Children and Youth; (b) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and (c) Administrative Rules Subcommittee of the Legislative Council.

(a) Senate Interim Committee on Children and Youth;

(b) House Committee on Aging, Children and Youth, Legislative and Military Affairs; and

(c) Administrative Rules Subcommittee of the Legislative Council.

(b) (1) Any person or agency to whom disclosure is made shall not disclose to any other person not identified in subsection (a) of this section a report or other information obtained pursuant to this section. (2) Nothing in this subsection shall be construed to prevent subsequent disclosure by the parent, guardian, or custodian, or the juvenile or the juvenile's attorney. (3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor.

(1) Any person or agency to whom disclosure is made shall not disclose to any other person not identified in subsection (a) of this section a report or other information obtained pursuant to this section.

(2) Nothing in this subsection shall be construed to prevent subsequent disclosure by the parent, guardian, or custodian, or the juvenile or the juvenile's attorney.

(3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor.

(c) No information pertaining to a juvenile shall be released by a juvenile detention facility, a community-based provider for the Division of Youth Services, or the Division of Youth Services after the juvenile reaches eighteen (18) years of age unless: (1) The juvenile remains in the custody of the Division of Youth Services; (2) The juvenile consents; or (3) An order requiring release of the information is entered by a court or a grand jury.

(1) The juvenile remains in the custody of the Division of Youth Services;

(2) The juvenile consents; or

(3) An order requiring release of the information is entered by a court or a grand jury.

Amended by Act 2021, No. 187,§ 1, eff. 7/28/2021.

Amended by Act 2016EX3, No. 17,§ 1, eff. 5/23/2016

Amended by Act 2016EX3, No. 16,§ 1, eff. 5/23/2016

Acts 2007, No. 742, § 1; 2009, No. 758, § 15
Ark. Code Ann. § 9-26-206 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-206
Other transfer by fiduciary
Status: in_force

(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 9-26-209 , in the absence of a will or under a will or trust that does not contain an authorization to do so. (b) Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 9-26-209 . (c) A transfer under subsection (a) or (b) of this section may be made only if (i) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (iii) the transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value. Acts 1985, No. 476, § 6; A.S.A. 1947, § 50-939

(a) Subject to subsection (c) of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 9-26-209 , in the absence of a will or under a will or trust that does not contain an authorization to do so.

(b) Subject to subsection (c) of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 9-26-209 .

(c) A transfer under subsection (a) or (b) of this section may be made only if (i) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (ii) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (iii) the transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value.

Acts 1985, No. 476, § 6; A.S.A. 1947, § 50-939
Ark. Code Ann. § 9-26-215 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-215
Custodian's expenses - Compensation - Bond
Status: in_force

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (b) Except for one who is a transferor under § 9-26-204 , a custodian shall have a non-cumulative election during each calendar year to charge reasonable compensation for services performed during that year. (c) Except as provided in § 9-26-218(f) , a custodian shall not be required to give a bond. Acts 1985, No. 476, § 15; A.S.A. 1947, § 50-948

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.

(b) Except for one who is a transferor under § 9-26-204 , a custodian shall have a non-cumulative election during each calendar year to charge reasonable compensation for services performed during that year.

(c) Except as provided in § 9-26-218(f) , a custodian shall not be required to give a bond.

Acts 1985, No. 476, § 15; A.S.A. 1947, § 50-948
Ark. Code Ann. § 9-20-108 — AR Code / Title 9 / Chapter 20 / Section 9-20-108
Jurisdiction - Venue - Eligibility
Status: in_force

(a) (1) The probate division of circuit court shall have jurisdiction over proceedings for: (A) Custody; (B) Temporary custody for purposes of evaluation; (C) Less-than-custody; (D) Court-ordered protective services; or (E) An order of investigation under this chapter. (2) The probate division of circuit court may retain jurisdiction for no more than one hundred eighty (180) days after the death of an adult in the custody of the Department of Human Services to enter orders concerning disposition of the body of the adult as well as any assets of the adult, including the ability to order payment for services rendered or goods purchased by or for the adult while in the custody of the department before the death of the adult. (b) (1) A proceeding under this chapter shall be commenced in the probate division of the circuit court of the county where: (A) The maltreated adult resides; or (B) The maltreatment occurred. (2) (A) An adult custody proceeding shall not be dismissed if a proceeding is filed in the incorrect county. (B) If the proceeding is filed in the incorrect county, the adult custody proceeding shall be transferred to the proper county upon discovery of the proper county for venue. (C) Following the long-term custody hearing, the court may on its own motion or on motion of any party transfer the case to another county if the judge in the other venue agrees to accept the transfer. (c) (1) Eligibility for services from the department, including custody, for aliens and nonaliens shall be the same eligibility requirements for the Arkansas Medicaid Program. (2) If an adult who is in the custody of the department does not meet the eligibility requirements for the Arkansas Medicaid Program due to exceeding income or resource limitations for eligibility at the time the department assumes custody of the adult or at any point after the department assumes custody of the adult, the court shall: (A) Direct payment from the assets of the adult who is in the custody of the department if it is necessary to pay for services rendered or goods purchased by or on behalf of the adult; and (B) Enter an order regarding the use or sale of the income or resources of the adult who is in the custody of the department that is necessary to provide for services rendered or goods purchased by or on behalf of the adult. (3) The court shall not order the department to pay for services rendered or goods purchased by or on behalf of the adult who is in the custody of the department including without limitation placement for the adult. (d) No person may be taken into custody or placed in the custody of the department under this section if that person is in need of: (1) Acute psychiatric treatment; (2) Chronic mental health treatment; (3) Alcohol or drug abuse treatment; (4) Protection from domestic abuse if that person is mentally competent; or (5) Casework supervision by mental health professionals. (e) No adult may be taken into custody or placed in the custody of the department for the sole purpose of consenting to the adult's medical treatment. (f) (1) If the maltreated adult is found to be indigent and the court appoints the Arkansas Public Defender Commission as counsel for the maltreated adult, the commission shall represent the maltreated adult as to the issue of deprivation of liberty, but not with respect to issues involving property, money, investments, or other fiscal issues. (2) As to issues requiring court approval under § 9-20-120(b) , the commission's role shall be to ensure that qualified medical personnel provide testimony or an affidavit with clear and convincing evidence to support the proposed medical action or inaction. (3) If the court appoints the public defender as counsel for the maltreated adult and assets are later identified for the maltreated adult, the court may award an attorney's fee to the commission. Amended by Act 2019, No. 956,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 326,§ 1, eff. 7/24/2019. Acts 2005, No. 1811, § 1; 2009, No. 526, § 3; 2011, No. 206, § 2

(a) (1) The probate division of circuit court shall have jurisdiction over proceedings for: (A) Custody; (B) Temporary custody for purposes of evaluation; (C) Less-than-custody; (D) Court-ordered protective services; or (E) An order of investigation under this chapter. (2) The probate division of circuit court may retain jurisdiction for no more than one hundred eighty (180) days after the death of an adult in the custody of the Department of Human Services to enter orders concerning disposition of the body of the adult as well as any assets of the adult, including the ability to order payment for services rendered or goods purchased by or for the adult while in the custody of the department before the death of the adult.

(1) The probate division of circuit court shall have jurisdiction over proceedings for: (A) Custody; (B) Temporary custody for purposes of evaluation; (C) Less-than-custody; (D) Court-ordered protective services; or (E) An order of investigation under this chapter.

(A) Custody;

(B) Temporary custody for purposes of evaluation;

(C) Less-than-custody;

(D) Court-ordered protective services; or

(E) An order of investigation under this chapter.

(2) The probate division of circuit court may retain jurisdiction for no more than one hundred eighty (180) days after the death of an adult in the custody of the Department of Human Services to enter orders concerning disposition of the body of the adult as well as any assets of the adult, including the ability to order payment for services rendered or goods purchased by or for the adult while in the custody of the department before the death of the adult.

(b) (1) A proceeding under this chapter shall be commenced in the probate division of the circuit court of the county where: (A) The maltreated adult resides; or (B) The maltreatment occurred. (2) (A) An adult custody proceeding shall not be dismissed if a proceeding is filed in the incorrect county. (B) If the proceeding is filed in the incorrect county, the adult custody proceeding shall be transferred to the proper county upon discovery of the proper county for venue. (C) Following the long-term custody hearing, the court may on its own motion or on motion of any party transfer the case to another county if the judge in the other venue agrees to accept the transfer.

(1) A proceeding under this chapter shall be commenced in the probate division of the circuit court of the county where: (A) The maltreated adult resides; or (B) The maltreatment occurred.

(A) The maltreated adult resides; or

(B) The maltreatment occurred.

(2) (A) An adult custody proceeding shall not be dismissed if a proceeding is filed in the incorrect county. (B) If the proceeding is filed in the incorrect county, the adult custody proceeding shall be transferred to the proper county upon discovery of the proper county for venue. (C) Following the long-term custody hearing, the court may on its own motion or on motion of any party transfer the case to another county if the judge in the other venue agrees to accept the transfer.

(A) An adult custody proceeding shall not be dismissed if a proceeding is filed in the incorrect county.

(B) If the proceeding is filed in the incorrect county, the adult custody proceeding shall be transferred to the proper county upon discovery of the proper county for venue.

(C) Following the long-term custody hearing, the court may on its own motion or on motion of any party transfer the case to another county if the judge in the other venue agrees to accept the transfer.

(c) (1) Eligibility for services from the department, including custody, for aliens and nonaliens shall be the same eligibility requirements for the Arkansas Medicaid Program. (2) If an adult who is in the custody of the department does not meet the eligibility requirements for the Arkansas Medicaid Program due to exceeding income or resource limitations for eligibility at the time the department assumes custody of the adult or at any point after the department assumes custody of the adult, the court shall: (A) Direct payment from the assets of the adult who is in the custody of the department if it is necessary to pay for services rendered or goods purchased by or on behalf of the adult; and (B) Enter an order regarding the use or sale of the income or resources of the adult who is in the custody of the department that is necessary to provide for services rendered or goods purchased by or on behalf of the adult. (3) The court shall not order the department to pay for services rendered or goods purchased by or on behalf of the adult who is in the custody of the department including without limitation placement for the adult.

(1) Eligibility for services from the department, including custody, for aliens and nonaliens shall be the same eligibility requirements for the Arkansas Medicaid Program.

(2) If an adult who is in the custody of the department does not meet the eligibility requirements for the Arkansas Medicaid Program due to exceeding income or resource limitations for eligibility at the time the department assumes custody of the adult or at any point after the department assumes custody of the adult, the court shall: (A) Direct payment from the assets of the adult who is in the custody of the department if it is necessary to pay for services rendered or goods purchased by or on behalf of the adult; and (B) Enter an order regarding the use or sale of the income or resources of the adult who is in the custody of the department that is necessary to provide for services rendered or goods purchased by or on behalf of the adult.

(A) Direct payment from the assets of the adult who is in the custody of the department if it is necessary to pay for services rendered or goods purchased by or on behalf of the adult; and

(B) Enter an order regarding the use or sale of the income or resources of the adult who is in the custody of the department that is necessary to provide for services rendered or goods purchased by or on behalf of the adult.

(3) The court shall not order the department to pay for services rendered or goods purchased by or on behalf of the adult who is in the custody of the department including without limitation placement for the adult.

(d) No person may be taken into custody or placed in the custody of the department under this section if that person is in need of: (1) Acute psychiatric treatment; (2) Chronic mental health treatment; (3) Alcohol or drug abuse treatment; (4) Protection from domestic abuse if that person is mentally competent; or (5) Casework supervision by mental health professionals.

(1) Acute psychiatric treatment;

(2) Chronic mental health treatment;

(3) Alcohol or drug abuse treatment;

(4) Protection from domestic abuse if that person is mentally competent; or

(5) Casework supervision by mental health professionals.

(e) No adult may be taken into custody or placed in the custody of the department for the sole purpose of consenting to the adult's medical treatment.

(f) (1) If the maltreated adult is found to be indigent and the court appoints the Arkansas Public Defender Commission as counsel for the maltreated adult, the commission shall represent the maltreated adult as to the issue of deprivation of liberty, but not with respect to issues involving property, money, investments, or other fiscal issues. (2) As to issues requiring court approval under § 9-20-120(b) , the commission's role shall be to ensure that qualified medical personnel provide testimony or an affidavit with clear and convincing evidence to support the proposed medical action or inaction. (3) If the court appoints the public defender as counsel for the maltreated adult and assets are later identified for the maltreated adult, the court may award an attorney's fee to the commission.

(1) If the maltreated adult is found to be indigent and the court appoints the Arkansas Public Defender Commission as counsel for the maltreated adult, the commission shall represent the maltreated adult as to the issue of deprivation of liberty, but not with respect to issues involving property, money, investments, or other fiscal issues.

(2) As to issues requiring court approval under § 9-20-120(b) , the commission's role shall be to ensure that qualified medical personnel provide testimony or an affidavit with clear and convincing evidence to support the proposed medical action or inaction.

(3) If the court appoints the public defender as counsel for the maltreated adult and assets are later identified for the maltreated adult, the court may award an attorney's fee to the commission.

Amended by Act 2019, No. 956,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 326,§ 1, eff. 7/24/2019.

Acts 2005, No. 1811, § 1; 2009, No. 526, § 3; 2011, No. 206, § 2
Ark. Code Ann. § 9-11-403 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-403
Content
Status: in_force

(a) Parties to a premarital agreement may contract with respect to: (1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; (4) the modification or elimination of spousal support; (5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement; (6) the ownership rights in and disposition of the death benefit from a life insurance policy; (7) the choice of law governing the construction of the agreement; and (8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty. (b) The right of a child to support may not be adversely affected by a premarital agreement. Acts 1987, No. 715, § 3

(a) Parties to a premarital agreement may contract with respect to: (1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; (4) the modification or elimination of spousal support; (5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement; (6) the ownership rights in and disposition of the death benefit from a life insurance policy; (7) the choice of law governing the construction of the agreement; and (8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

(2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

(3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;

(4) the modification or elimination of spousal support;

(5) the making of a will, trust, or other arrangement to carry out the provisions of the agreement;

(6) the ownership rights in and disposition of the death benefit from a life insurance policy;

(7) the choice of law governing the construction of the agreement; and

(8) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

(b) The right of a child to support may not be adversely affected by a premarital agreement.

Acts 1987, No. 715, § 3
Ark. Code Ann. § 9-28-1202 — AR Code / Title 9 / Chapter 28 / Subchapter 12 / Section 9-28-1202
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 17, eff. 7/1/2023. Amended by Act 2019, No. 189,§ 13, eff. 7/1/2020. Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015

Repealed by Act 2023, No. 365,§ 17, eff. 7/1/2023.

Amended by Act 2019, No. 189,§ 13, eff. 7/1/2020.

Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015
Ark. Code Ann. § 9-25-105 — AR Code / Title 9 / Chapter 25 / Section 9-25-105
[See note as to expiration] Child Death and Near Fatality Multidisciplinary Review Committee - Membership - Powers
Status: in_force

(a) (1) The safety of children is a paramount concern for the citizens of Arkansas. (2) (A) There are children who die from abuse or neglect or who have previously come into contact with the Division of Children and Family Services whose deaths might have been prevented. (B) The state has a responsibility to examine the deaths and near fatalities of children in order to identify strategies to prevent future deaths and near fatalities of children who are at similar risk of harm. (3) The examination into deaths of children who have come into contact with the Division of Children and Family Services requires multidisciplinary participation from the community and experts in child welfare. (4) The examination of deaths and near fatalities in contact with the Division of Children and Family Services should include transparent and comprehensive review of the circumstances leading to the death or near fatality and the review process should lead to recommendations and actions to be implemented to prevent future child deaths and near fatalities. (b) The Child Death and Near Fatality Multidisciplinary Review Committee is created to include the following members: (1) The Director of the Division of Children and Family Services or his or her designee; (2) One (1) member to represent the Division of Children and Family Services Worker Supervisor as designated by the Director of the Division of Children and Family Services; (3) One (1) member to represent the Division of Children and Family Services Investigations Supervisor as designated by the Director of the Division of Children and Family Services; (4) The Commander of the Crimes Against Children Division or his or her designee; (5) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or his or her designee; (6) The Executive Director of the Children's Advocacy Centers of Arkansas or his or her designee; (7) The Director of the Arkansas State Court Appointed Special Advocates for Children Association or his or her designee; (8) The Director of the Team for Children at Risk and Rebecca and Robert Rice Medical Clinic of the Arkansas Children's Hospital or his or her designee; (9) The Director of the Dependency-Neglect Attorney Ad Litem Program or his or her designee; (10) The Director of the Office of Chief Counsel of the Department of Human Services or his or her designee; (11) The Director of the Office of the Prosecutor Coordinator or his or her designee; (12) One (1) member appointed by the Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs; (13) One (1) member appointed by the Chief Justice of the Supreme Court; (14) One (1) member appointed by the Governor; and (15) One (1) member to be designated by the Arkansas Child Abuse/Rape/Domestic Violence Commission. (c) The Child Death and Near Fatality Multidisciplinary Review Committee shall review all child deaths of children under eighteen (18) years of age who had contact with the Division of Children and Family Services within twenty-four (24) months before death as determined by comparing records of deaths from the Division of Vital Records with information in the Children's Reporting and Information System. (d) The Child Death and Near Fatality Multidisciplinary Review Committee shall review all deaths and near fatalities of children that have been reported through the Child Abuse Hotline. (e) (1) The Child Death and Near Fatality Multidisciplinary Review Committee shall meet no less than one (1) time each quarter of the calendar year. (2) A majority of the members of the Child Death and Near Fatality Multidisciplinary Review Committee shall constitute a quorum for the transaction of business. (3) A vacancy arising among the appointed membership of the Child Death and Near Fatality Multidisciplinary Review Committee for reasons other than expiration of the regular terms for which the member was appointed shall be filled by appointment by the person who appointed the vacating member. (4) At the expiration of the term of the initial chair, the Child Death and Near Fatality Multidisciplinary Review Committee shall elect a chair who shall serve a one-year term. (f) The meetings shall be closed and information discussed at the meeting shall be confidential. (g) No other individual shall be allowed to attend or participate in a meeting unless a majority of the members vote to request the attendance of a noncommittee member. (h) The Division of Children and Family Services and the Crimes Against Children Division of the Division of Arkansas State Police shall provide the list of all child deaths and near fatalities to be reviewed and all records related to the child in physical or electronic format to the members of the Child Death and Near Fatality Multidisciplinary Review Committee no less than fourteen (14) calendar days before a scheduled meeting. (i) The Department of Human Services shall provide to the Child Death and Near Fatality Multidisciplinary Review Committee a summary of any internal child death or near fatality review with the actions and recommendations of the department. (j) Materials and information provided to members of the Child Death and Near Fatality Multidisciplinary Review Committee shall not be disclosed except to the Child Death and Near Fatality Multidisciplinary Review Committee. (k) The Child Death and Near Fatality Multidisciplinary Review Committee shall produce an annual report that shall contain a summary of findings, actions taken by the department or others and recommendations to each branch of state government to improve practices and prevent future child deaths or near fatalities. (l) Each Child Death and Near Fatality Multidisciplinary Review Committee member may review the report and submit additional comments that shall be included as an addendum to the report. (m) The annual report produced by the Child Death and Near Fatality Multidisciplinary Review Committee shall be presented to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and shall be made available on the public disclosure of child deaths and near fatalities website of the department. (n) A Child Death and Near Fatality Multidisciplinary Review Committee member shall not be reimbursed for expenses to travel to or participate on the Child Death and Near Fatality Multidisciplinary Review Committee. (o) The department shall provide office space, materials, and staff assistance to the Child Death and Near Fatality Multidisciplinary Review Committee. Amended by Act 2017, No. 302,§ 1, eff. 8/1/2017 Added by Act 2015, No. 1245,§ 1, eff. 7/22/2015, expires eff. 8/1/2017

(a) (1) The safety of children is a paramount concern for the citizens of Arkansas. (2) (A) There are children who die from abuse or neglect or who have previously come into contact with the Division of Children and Family Services whose deaths might have been prevented. (B) The state has a responsibility to examine the deaths and near fatalities of children in order to identify strategies to prevent future deaths and near fatalities of children who are at similar risk of harm. (3) The examination into deaths of children who have come into contact with the Division of Children and Family Services requires multidisciplinary participation from the community and experts in child welfare. (4) The examination of deaths and near fatalities in contact with the Division of Children and Family Services should include transparent and comprehensive review of the circumstances leading to the death or near fatality and the review process should lead to recommendations and actions to be implemented to prevent future child deaths and near fatalities.

(1) The safety of children is a paramount concern for the citizens of Arkansas.

(2) (A) There are children who die from abuse or neglect or who have previously come into contact with the Division of Children and Family Services whose deaths might have been prevented. (B) The state has a responsibility to examine the deaths and near fatalities of children in order to identify strategies to prevent future deaths and near fatalities of children who are at similar risk of harm.

(A) There are children who die from abuse or neglect or who have previously come into contact with the Division of Children and Family Services whose deaths might have been prevented.

(B) The state has a responsibility to examine the deaths and near fatalities of children in order to identify strategies to prevent future deaths and near fatalities of children who are at similar risk of harm.

(3) The examination into deaths of children who have come into contact with the Division of Children and Family Services requires multidisciplinary participation from the community and experts in child welfare.

(4) The examination of deaths and near fatalities in contact with the Division of Children and Family Services should include transparent and comprehensive review of the circumstances leading to the death or near fatality and the review process should lead to recommendations and actions to be implemented to prevent future child deaths and near fatalities.

(b) The Child Death and Near Fatality Multidisciplinary Review Committee is created to include the following members: (1) The Director of the Division of Children and Family Services or his or her designee; (2) One (1) member to represent the Division of Children and Family Services Worker Supervisor as designated by the Director of the Division of Children and Family Services; (3) One (1) member to represent the Division of Children and Family Services Investigations Supervisor as designated by the Director of the Division of Children and Family Services; (4) The Commander of the Crimes Against Children Division or his or her designee; (5) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or his or her designee; (6) The Executive Director of the Children's Advocacy Centers of Arkansas or his or her designee; (7) The Director of the Arkansas State Court Appointed Special Advocates for Children Association or his or her designee; (8) The Director of the Team for Children at Risk and Rebecca and Robert Rice Medical Clinic of the Arkansas Children's Hospital or his or her designee; (9) The Director of the Dependency-Neglect Attorney Ad Litem Program or his or her designee; (10) The Director of the Office of Chief Counsel of the Department of Human Services or his or her designee; (11) The Director of the Office of the Prosecutor Coordinator or his or her designee; (12) One (1) member appointed by the Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs; (13) One (1) member appointed by the Chief Justice of the Supreme Court; (14) One (1) member appointed by the Governor; and (15) One (1) member to be designated by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(1) The Director of the Division of Children and Family Services or his or her designee;

(2) One (1) member to represent the Division of Children and Family Services Worker Supervisor as designated by the Director of the Division of Children and Family Services;

(3) One (1) member to represent the Division of Children and Family Services Investigations Supervisor as designated by the Director of the Division of Children and Family Services;

(4) The Commander of the Crimes Against Children Division or his or her designee;

(5) The Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or his or her designee;

(6) The Executive Director of the Children's Advocacy Centers of Arkansas or his or her designee;

(7) The Director of the Arkansas State Court Appointed Special Advocates for Children Association or his or her designee;

(8) The Director of the Team for Children at Risk and Rebecca and Robert Rice Medical Clinic of the Arkansas Children's Hospital or his or her designee;

(9) The Director of the Dependency-Neglect Attorney Ad Litem Program or his or her designee;

(10) The Director of the Office of Chief Counsel of the Department of Human Services or his or her designee;

(11) The Director of the Office of the Prosecutor Coordinator or his or her designee;

(12) One (1) member appointed by the Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs;

(13) One (1) member appointed by the Chief Justice of the Supreme Court;

(14) One (1) member appointed by the Governor; and

(15) One (1) member to be designated by the Arkansas Child Abuse/Rape/Domestic Violence Commission.

(c) The Child Death and Near Fatality Multidisciplinary Review Committee shall review all child deaths of children under eighteen (18) years of age who had contact with the Division of Children and Family Services within twenty-four (24) months before death as determined by comparing records of deaths from the Division of Vital Records with information in the Children's Reporting and Information System.

(d) The Child Death and Near Fatality Multidisciplinary Review Committee shall review all deaths and near fatalities of children that have been reported through the Child Abuse Hotline.

(e) (1) The Child Death and Near Fatality Multidisciplinary Review Committee shall meet no less than one (1) time each quarter of the calendar year. (2) A majority of the members of the Child Death and Near Fatality Multidisciplinary Review Committee shall constitute a quorum for the transaction of business. (3) A vacancy arising among the appointed membership of the Child Death and Near Fatality Multidisciplinary Review Committee for reasons other than expiration of the regular terms for which the member was appointed shall be filled by appointment by the person who appointed the vacating member. (4) At the expiration of the term of the initial chair, the Child Death and Near Fatality Multidisciplinary Review Committee shall elect a chair who shall serve a one-year term.

(1) The Child Death and Near Fatality Multidisciplinary Review Committee shall meet no less than one (1) time each quarter of the calendar year.

(2) A majority of the members of the Child Death and Near Fatality Multidisciplinary Review Committee shall constitute a quorum for the transaction of business.

(3) A vacancy arising among the appointed membership of the Child Death and Near Fatality Multidisciplinary Review Committee for reasons other than expiration of the regular terms for which the member was appointed shall be filled by appointment by the person who appointed the vacating member.

(4) At the expiration of the term of the initial chair, the Child Death and Near Fatality Multidisciplinary Review Committee shall elect a chair who shall serve a one-year term.

(f) The meetings shall be closed and information discussed at the meeting shall be confidential.

(g) No other individual shall be allowed to attend or participate in a meeting unless a majority of the members vote to request the attendance of a noncommittee member.

(h) The Division of Children and Family Services and the Crimes Against Children Division of the Division of Arkansas State Police shall provide the list of all child deaths and near fatalities to be reviewed and all records related to the child in physical or electronic format to the members of the Child Death and Near Fatality Multidisciplinary Review Committee no less than fourteen (14) calendar days before a scheduled meeting.

(i) The Department of Human Services shall provide to the Child Death and Near Fatality Multidisciplinary Review Committee a summary of any internal child death or near fatality review with the actions and recommendations of the department.

(j) Materials and information provided to members of the Child Death and Near Fatality Multidisciplinary Review Committee shall not be disclosed except to the Child Death and Near Fatality Multidisciplinary Review Committee.

(k) The Child Death and Near Fatality Multidisciplinary Review Committee shall produce an annual report that shall contain a summary of findings, actions taken by the department or others and recommendations to each branch of state government to improve practices and prevent future child deaths or near fatalities.

(l) Each Child Death and Near Fatality Multidisciplinary Review Committee member may review the report and submit additional comments that shall be included as an addendum to the report.

(m) The annual report produced by the Child Death and Near Fatality Multidisciplinary Review Committee shall be presented to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and shall be made available on the public disclosure of child deaths and near fatalities website of the department.

(n) A Child Death and Near Fatality Multidisciplinary Review Committee member shall not be reimbursed for expenses to travel to or participate on the Child Death and Near Fatality Multidisciplinary Review Committee.

(o) The department shall provide office space, materials, and staff assistance to the Child Death and Near Fatality Multidisciplinary Review Committee.

Amended by Act 2017, No. 302,§ 1, eff. 8/1/2017

Added by Act 2015, No. 1245,§ 1, eff. 7/22/2015, expires eff. 8/1/2017
Ark. Code Ann. § 9-10-115 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-115
Modification of orders or judgments
Status: in_force

(a) The circuit court may at any time enlarge, diminish, or vacate any order or judgment in the proceedings under this section except in regard to the issue of paternity as justice may require and on such notice to the defendant as the court may prescribe. (b) The court shall not set aside, alter, or modify any final decree, order, or judgment of paternity in which paternity blood testing, genetic testing, or other scientific evidence was used to determine the adjudicated father as the biological father. (c) Any signatory to a voluntary acknowledgment of paternity may rescind the acknowledgment by completing a form provided for that purpose and filing the form with the Division of Vital Records of the Department of Health: (1) Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity is a party; or (2) Within sixty (60) days of executing the voluntary acknowledgment of paternity, whichever date occurs first. (d) (1) Beyond the sixty-day period or other limitation set forth in subsection (c) of this section, a person may challenge a paternity establishment pursuant to a voluntary acknowledgment of paternity or an order based on an acknowledgment of paternity only upon an allegation of fraud, duress, or material mistake of fact. (2) The burden of proof shall be upon the person challenging the establishment of paternity. (e) (1) (A) When any man has been adjudicated to be the father of a child or is deemed to be the father of a child pursuant to an acknowledgment of paternity without the benefit of scientific testing for paternity and as a result was ordered to pay child support, he shall be entitled to one (1) paternity test, pursuant to § 9-10-108 , at any time during the period of time that he is required to pay child support upon the filing of a motion challenging the adjudication or acknowledgment of paternity in a court of competent jurisdiction. (B) If an acknowledgment of paternity was the basis for the order of support, the motion must comply with the requirements of subsection (d) of this section. (2) The duty to pay child support and other legal obligations shall not be suspended while the motion is pending except for good cause shown, which shall be recited in the court's order. (f) (1) If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall: (A) Set aside the previous finding or establishment of paternity; (B) Find that there is no future obligation of support; (C) Order that any unpaid support owed under the previous order is vacated; and (D) Order that any support previously paid is not subject to refund. (2) If the name of the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity appears on the birth certificate of the child, the court shall issue an order requiring the birth certificate to be amended to delete the name of the father. (g) If the test administered under subdivision (e)(1)(A) of this section confirms that the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity is the biological father of the child, the court shall enter an order adjudicating paternity and setting child support in accordance with § 9-10-109 , the guidelines for child support, and the family support chart. Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 777; Acts 1927, No. 111, § 1; Pope's Dig., § 933; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, § 34-706; Acts 1993, No. 1242, § 8; 1995, No. 1091, § 3; 1997, No. 1296, § 8; 1999, No. 1514, § 2; 2001, No. 1736, § 1; 2007, No. 60, § 1

(a) The circuit court may at any time enlarge, diminish, or vacate any order or judgment in the proceedings under this section except in regard to the issue of paternity as justice may require and on such notice to the defendant as the court may prescribe.

(b) The court shall not set aside, alter, or modify any final decree, order, or judgment of paternity in which paternity blood testing, genetic testing, or other scientific evidence was used to determine the adjudicated father as the biological father.

(c) Any signatory to a voluntary acknowledgment of paternity may rescind the acknowledgment by completing a form provided for that purpose and filing the form with the Division of Vital Records of the Department of Health: (1) Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity is a party; or (2) Within sixty (60) days of executing the voluntary acknowledgment of paternity, whichever date occurs first.

(1) Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity is a party; or

(2) Within sixty (60) days of executing the voluntary acknowledgment of paternity, whichever date occurs first.

(d) (1) Beyond the sixty-day period or other limitation set forth in subsection (c) of this section, a person may challenge a paternity establishment pursuant to a voluntary acknowledgment of paternity or an order based on an acknowledgment of paternity only upon an allegation of fraud, duress, or material mistake of fact. (2) The burden of proof shall be upon the person challenging the establishment of paternity.

(1) Beyond the sixty-day period or other limitation set forth in subsection (c) of this section, a person may challenge a paternity establishment pursuant to a voluntary acknowledgment of paternity or an order based on an acknowledgment of paternity only upon an allegation of fraud, duress, or material mistake of fact.

(2) The burden of proof shall be upon the person challenging the establishment of paternity.

(e) (1) (A) When any man has been adjudicated to be the father of a child or is deemed to be the father of a child pursuant to an acknowledgment of paternity without the benefit of scientific testing for paternity and as a result was ordered to pay child support, he shall be entitled to one (1) paternity test, pursuant to § 9-10-108 , at any time during the period of time that he is required to pay child support upon the filing of a motion challenging the adjudication or acknowledgment of paternity in a court of competent jurisdiction. (B) If an acknowledgment of paternity was the basis for the order of support, the motion must comply with the requirements of subsection (d) of this section. (2) The duty to pay child support and other legal obligations shall not be suspended while the motion is pending except for good cause shown, which shall be recited in the court's order.

(1) (A) When any man has been adjudicated to be the father of a child or is deemed to be the father of a child pursuant to an acknowledgment of paternity without the benefit of scientific testing for paternity and as a result was ordered to pay child support, he shall be entitled to one (1) paternity test, pursuant to § 9-10-108 , at any time during the period of time that he is required to pay child support upon the filing of a motion challenging the adjudication or acknowledgment of paternity in a court of competent jurisdiction. (B) If an acknowledgment of paternity was the basis for the order of support, the motion must comply with the requirements of subsection (d) of this section.

(A) When any man has been adjudicated to be the father of a child or is deemed to be the father of a child pursuant to an acknowledgment of paternity without the benefit of scientific testing for paternity and as a result was ordered to pay child support, he shall be entitled to one (1) paternity test, pursuant to § 9-10-108 , at any time during the period of time that he is required to pay child support upon the filing of a motion challenging the adjudication or acknowledgment of paternity in a court of competent jurisdiction.

(B) If an acknowledgment of paternity was the basis for the order of support, the motion must comply with the requirements of subsection (d) of this section.

(2) The duty to pay child support and other legal obligations shall not be suspended while the motion is pending except for good cause shown, which shall be recited in the court's order.

(f) (1) If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall: (A) Set aside the previous finding or establishment of paternity; (B) Find that there is no future obligation of support; (C) Order that any unpaid support owed under the previous order is vacated; and (D) Order that any support previously paid is not subject to refund. (2) If the name of the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity appears on the birth certificate of the child, the court shall issue an order requiring the birth certificate to be amended to delete the name of the father.

(1) If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall: (A) Set aside the previous finding or establishment of paternity; (B) Find that there is no future obligation of support; (C) Order that any unpaid support owed under the previous order is vacated; and (D) Order that any support previously paid is not subject to refund.

(A) Set aside the previous finding or establishment of paternity;

(B) Find that there is no future obligation of support;

(C) Order that any unpaid support owed under the previous order is vacated; and

(D) Order that any support previously paid is not subject to refund.

(2) If the name of the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity appears on the birth certificate of the child, the court shall issue an order requiring the birth certificate to be amended to delete the name of the father.

(g) If the test administered under subdivision (e)(1)(A) of this section confirms that the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity is the biological father of the child, the court shall enter an order adjudicating paternity and setting child support in accordance with § 9-10-109 , the guidelines for child support, and the family support chart.

Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 777; Acts 1927, No. 111, § 1; Pope's Dig., § 933; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, § 34-706; Acts 1993, No. 1242, § 8; 1995, No. 1091, § 3; 1997, No. 1296, § 8; 1999, No. 1514, § 2; 2001, No. 1736, § 1; 2007, No. 60, § 1
Ark. Code Ann. § 9-14-205 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-205
Information required in support cases
Status: in_force

(a) In all cases in which the support and care of any child or children are involved, it shall be the duty of the plaintiff, defendant, payee parent or physical custodian of the child, and the payor parent to keep the clerk of the circuit court informed of his or her current address when a payment of support is directed to be paid through the registry of the court or to keep the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration informed of his or her current address when a payment of support is directed to be paid through the Arkansas Child Support Clearinghouse. (b) (1) The payor parent and the payee parent or physical custodian of the child in any case in which the support and care of any child or children are involved shall file with the clerk of the circuit court and the Office of Child Support Enforcement and update, as appropriate, his or her name, Social Security number, residential and mailing address, telephone number, driver's license number, and employer's name and address. (2) (A) Information required pursuant to subdivision (b)(1) of this section shall be filed on a form provided by the Administrative Office of the Courts for that purpose. (B) Forms filed with the clerk pursuant to subdivision (b)(1) of this section shall be: (i) Maintained separately from the file of the case in which the support and care of any child or children are involved; and (ii) Considered confidential and shall be open to inspection only by the following persons or entities: (a) The Office of Child Support Enforcement; (b) Attorneys of record for any party to the case, including, but not limited to, parties appearing pro se; and (c) Any person or entity authorized by the circuit court in which the form is filed. (c) In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the circuit court shall deem that state due process requirements for notice and service of process have been met with respect to the party upon delivery of written notice to the most recent residential address or employer address filed with the clerk of the circuit court pursuant to this subsection. Amended by Act 2021, No. 927,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 927,§ 7, eff. 7/28/2021. Acts 1985, No. 989, § 5; 1986 (2nd Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 34-1223; Acts 1997, No. 1296, § 18; 1999, No. 1514, § 8; 2005, No. 1877, § 1

(a) In all cases in which the support and care of any child or children are involved, it shall be the duty of the plaintiff, defendant, payee parent or physical custodian of the child, and the payor parent to keep the clerk of the circuit court informed of his or her current address when a payment of support is directed to be paid through the registry of the court or to keep the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration informed of his or her current address when a payment of support is directed to be paid through the Arkansas Child Support Clearinghouse.

(b) (1) The payor parent and the payee parent or physical custodian of the child in any case in which the support and care of any child or children are involved shall file with the clerk of the circuit court and the Office of Child Support Enforcement and update, as appropriate, his or her name, Social Security number, residential and mailing address, telephone number, driver's license number, and employer's name and address. (2) (A) Information required pursuant to subdivision (b)(1) of this section shall be filed on a form provided by the Administrative Office of the Courts for that purpose. (B) Forms filed with the clerk pursuant to subdivision (b)(1) of this section shall be: (i) Maintained separately from the file of the case in which the support and care of any child or children are involved; and (ii) Considered confidential and shall be open to inspection only by the following persons or entities: (a) The Office of Child Support Enforcement; (b) Attorneys of record for any party to the case, including, but not limited to, parties appearing pro se; and (c) Any person or entity authorized by the circuit court in which the form is filed.

(1) The payor parent and the payee parent or physical custodian of the child in any case in which the support and care of any child or children are involved shall file with the clerk of the circuit court and the Office of Child Support Enforcement and update, as appropriate, his or her name, Social Security number, residential and mailing address, telephone number, driver's license number, and employer's name and address.

(2) (A) Information required pursuant to subdivision (b)(1) of this section shall be filed on a form provided by the Administrative Office of the Courts for that purpose. (B) Forms filed with the clerk pursuant to subdivision (b)(1) of this section shall be: (i) Maintained separately from the file of the case in which the support and care of any child or children are involved; and (ii) Considered confidential and shall be open to inspection only by the following persons or entities: (a) The Office of Child Support Enforcement; (b) Attorneys of record for any party to the case, including, but not limited to, parties appearing pro se; and (c) Any person or entity authorized by the circuit court in which the form is filed.

(A) Information required pursuant to subdivision (b)(1) of this section shall be filed on a form provided by the Administrative Office of the Courts for that purpose.

(B) Forms filed with the clerk pursuant to subdivision (b)(1) of this section shall be: (i) Maintained separately from the file of the case in which the support and care of any child or children are involved; and (ii) Considered confidential and shall be open to inspection only by the following persons or entities: (a) The Office of Child Support Enforcement; (b) Attorneys of record for any party to the case, including, but not limited to, parties appearing pro se; and (c) Any person or entity authorized by the circuit court in which the form is filed.

(i) Maintained separately from the file of the case in which the support and care of any child or children are involved; and

(ii) Considered confidential and shall be open to inspection only by the following persons or entities: (a) The Office of Child Support Enforcement; (b) Attorneys of record for any party to the case, including, but not limited to, parties appearing pro se; and (c) Any person or entity authorized by the circuit court in which the form is filed.

(a) The Office of Child Support Enforcement;

(b) Attorneys of record for any party to the case, including, but not limited to, parties appearing pro se; and

(c) Any person or entity authorized by the circuit court in which the form is filed.

(c) In any subsequent child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the circuit court shall deem that state due process requirements for notice and service of process have been met with respect to the party upon delivery of written notice to the most recent residential address or employer address filed with the clerk of the circuit court pursuant to this subsection.

Amended by Act 2021, No. 927,§ 8, eff. 7/28/2021.

Amended by Act 2021, No. 927,§ 7, eff. 7/28/2021.

Acts 1985, No. 989, § 5; 1986 (2nd Ex. Sess.), No. 21, § 1; A.S.A. 1947, § 34-1223; Acts 1997, No. 1296, § 18; 1999, No. 1514, § 8; 2005, No. 1877, § 1
Ark. Code Ann. § 9-3-115 — AR Code / Title 9 / Chapter 3 / Section 9-3-115
Admission within thirty days of general election prohibited
Status: in_force

No person shall be admitted as a resident domiciled in the State of Arkansas under this chapter, nor shall any certificate of residence and domicile be issued by any court, within thirty (30) days preceding the holding of any general election within the state. Acts 1941, No. 355, § 6; A.S.A. 1947, § 34-1306

No person shall be admitted as a resident domiciled in the State of Arkansas under this chapter, nor shall any certificate of residence and domicile be issued by any court, within thirty (30) days preceding the holding of any general election within the state.

Acts 1941, No. 355, § 6; A.S.A. 1947, § 34-1306
Ark. Code Ann. § 9-11-305 — AR Code / Title 9 / Chapter 11 / Subchapter 3 / Section 9-11-305
Contract or copy as evidence - Conclusiveness
Status: in_force

(a) Marriage contracts duly proved or acknowledged, certified, or recorded shall be received as evidence in any court of record of this state, without further proof of their execution. (b) When it shall appear to a court that any marriage contract duly acknowledged or proved and recorded is lost or is not in the power of the party wishing to use it, a copy duly certified under the hand and seal of the clerk and recorder may be received in evidence. (c) Neither the certificate of acknowledgment nor probate of any marriage contract, nor the record or transcript thereof, shall be conclusive, but may be rebutted. Rev. Stat., ch. 95, §§ 6-8; C. & M. Dig., §§ 7033-7035; Pope's Dig., §§ 9013-9015; A.S.A. 1947, §§ 55-306 -- 55-308

(a) Marriage contracts duly proved or acknowledged, certified, or recorded shall be received as evidence in any court of record of this state, without further proof of their execution.

(b) When it shall appear to a court that any marriage contract duly acknowledged or proved and recorded is lost or is not in the power of the party wishing to use it, a copy duly certified under the hand and seal of the clerk and recorder may be received in evidence.

(c) Neither the certificate of acknowledgment nor probate of any marriage contract, nor the record or transcript thereof, shall be conclusive, but may be rebutted.

Rev. Stat., ch. 95, §§ 6-8; C. & M. Dig., §§ 7033-7035; Pope's Dig., §§ 9013-9015; A.S.A. 1947, §§ 55-306 -- 55-308
Ark. Code Ann. § 9-14-803 — AR Code / Title 9 / Chapter 14 / Subchapter 8 / Section 9-14-803
Data
Status: in_force

(a) The clerk of the court shall provide to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration information on all child support payments paid through the registry of the court concerning the categories of cases listed in subsection (b) of this section, including, but not limited to, the name, address, Social Security number, and employer of the plaintiff and defendant when available to the clerk through the court records. (b) (1) All child support payments owed in the below-listed cases shall be paid through the clearinghouse. (2) The clerk of the court shall provide the payment records of the below-listed cases to the office within five (5) working days following receipt of written notice by the office of one (1) of the listed contingencies: (A) When there is a current assignment of rights pursuant to § 9-14-109 , § 20-77-109 , or § 20-77-307 to the office by the custodial parent, and in cases where the custodial parents execute an application for Title IV-D services; (B) In cases in which there are arrearages owed to the custodial parent and arrearages owed to the state pursuant to an assignment as set out in § 9-14-109 , § 20-77-109 , or § 20-77-307 , and the clerk of the court is unable to split the child support payment between the custodial parent and the state; and (C) In all Title IV-D cases, or in multiple cases involving the Title IV-D office, in which income withholding is ordered and the obligated parent has more than one (1) child support case and the clerk of the court is unable to split the child support payment between the obligated parent's cases on a pro rata basis as required by state laws and rules and federal laws and regulations. (c) Any child support payment records provided by the clerk of the court pursuant to this section to the office shall be attested to and certified by the clerk of the court in writing as the true and accurate payment record of the noncustodial parent. Amended by Act 2019, No. 904,§ 10, eff. 1/1/2020. Acts 1995, No. 1344, § 3; 1997, No. 1296, § 35

(a) The clerk of the court shall provide to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration information on all child support payments paid through the registry of the court concerning the categories of cases listed in subsection (b) of this section, including, but not limited to, the name, address, Social Security number, and employer of the plaintiff and defendant when available to the clerk through the court records.

(b) (1) All child support payments owed in the below-listed cases shall be paid through the clearinghouse. (2) The clerk of the court shall provide the payment records of the below-listed cases to the office within five (5) working days following receipt of written notice by the office of one (1) of the listed contingencies: (A) When there is a current assignment of rights pursuant to § 9-14-109 , § 20-77-109 , or § 20-77-307 to the office by the custodial parent, and in cases where the custodial parents execute an application for Title IV-D services; (B) In cases in which there are arrearages owed to the custodial parent and arrearages owed to the state pursuant to an assignment as set out in § 9-14-109 , § 20-77-109 , or § 20-77-307 , and the clerk of the court is unable to split the child support payment between the custodial parent and the state; and (C) In all Title IV-D cases, or in multiple cases involving the Title IV-D office, in which income withholding is ordered and the obligated parent has more than one (1) child support case and the clerk of the court is unable to split the child support payment between the obligated parent's cases on a pro rata basis as required by state laws and rules and federal laws and regulations.

(1) All child support payments owed in the below-listed cases shall be paid through the clearinghouse.

(2) The clerk of the court shall provide the payment records of the below-listed cases to the office within five (5) working days following receipt of written notice by the office of one (1) of the listed contingencies: (A) When there is a current assignment of rights pursuant to § 9-14-109 , § 20-77-109 , or § 20-77-307 to the office by the custodial parent, and in cases where the custodial parents execute an application for Title IV-D services; (B) In cases in which there are arrearages owed to the custodial parent and arrearages owed to the state pursuant to an assignment as set out in § 9-14-109 , § 20-77-109 , or § 20-77-307 , and the clerk of the court is unable to split the child support payment between the custodial parent and the state; and (C) In all Title IV-D cases, or in multiple cases involving the Title IV-D office, in which income withholding is ordered and the obligated parent has more than one (1) child support case and the clerk of the court is unable to split the child support payment between the obligated parent's cases on a pro rata basis as required by state laws and rules and federal laws and regulations.

(A) When there is a current assignment of rights pursuant to § 9-14-109 , § 20-77-109 , or § 20-77-307 to the office by the custodial parent, and in cases where the custodial parents execute an application for Title IV-D services;

(B) In cases in which there are arrearages owed to the custodial parent and arrearages owed to the state pursuant to an assignment as set out in § 9-14-109 , § 20-77-109 , or § 20-77-307 , and the clerk of the court is unable to split the child support payment between the custodial parent and the state; and

(C) In all Title IV-D cases, or in multiple cases involving the Title IV-D office, in which income withholding is ordered and the obligated parent has more than one (1) child support case and the clerk of the court is unable to split the child support payment between the obligated parent's cases on a pro rata basis as required by state laws and rules and federal laws and regulations.

(c) Any child support payment records provided by the clerk of the court pursuant to this section to the office shall be attested to and certified by the clerk of the court in writing as the true and accurate payment record of the noncustodial parent.

Amended by Act 2019, No. 904,§ 10, eff. 1/1/2020.

Acts 1995, No. 1344, § 3; 1997, No. 1296, § 35
Ark. Code Ann. § 9-12-323 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-323
Joint credit card accounts
Status: in_force

(a) (1) After a court has determined or approved a property settlement agreement establishing the party responsible for any joint credit card account debt in a divorce action maintained or being maintained in the courts of this state, the nonresponsible party may notify the issuer of the credit card of the court order by sending a written notice containing the account name and account number of the joint credit card accompanied by a certified copy of the court order and property settlement agreement, if any, by certified mail, return receipt requested to: (A) The address that the issuer has designated for making payments on the credit card account; or (B) The customer service address provided by the issuer. (2) On the date the notice is processed by the issuer of the credit card, not later than the fourth business day after receipt of the notice by the issuer, the nonresponsible party shall not be liable for any new charges on the credit card, other than charges made by the nonresponsible party, but shall remain liable for the balance due prior to the date the issuer processes the notice and all interest and late fees accrued or thereafter accruing on the balance. (b) (1) The issuer of the credit card shall: (A) Provide the nonresponsible party with written notification of the credit card account balance as of the date of processing the notice; (B) Remove the nonresponsible party as an authorized user of the credit card account; (C) Either cancel the credit card or suspend the effectiveness of the credit card for a period not exceeding thirty (30) days to allow the issuer to evaluate any request by the responsible party to continue the account as a separate credit card account of the responsible party; and (D) Apply all payment made after the date of processing the notice: (i) First to any fees assessed against the account; (ii) Next to the accrued interest; (iii) Next to the principal of the debt existing on the date of processing the notice; and (iv) Finally to the principal of any debt incurred after the date of the processing of the notice. (c) (1) This section does not prohibit the issuer of the credit card from issuing a new credit card to the responsible party. (2) If as a result of receiving the notice under this section, a new credit card is issued in the name of the responsible party, the issuer may: (A) Transfer the outstanding debt to the new credit card account for which the responsible party is solely responsible; or (B) Issue the new credit card with a zero dollar ($0.00) balance and allow no new charges on the original credit card account, and both parties who are the obligors on the original credit card account will remain responsible for paying the debt from the original account in accordance with the terms and conditions of the original credit card account until the balance is paid in full. (d) Proof that the nonresponsible party notified the issuer of the credit card in compliance with this section shall be an affirmative defense to any action to recover card debt resulting from any charge on the account after the date of processing of the notice. Acts 2003, No. 1477, § 1

(a) (1) After a court has determined or approved a property settlement agreement establishing the party responsible for any joint credit card account debt in a divorce action maintained or being maintained in the courts of this state, the nonresponsible party may notify the issuer of the credit card of the court order by sending a written notice containing the account name and account number of the joint credit card accompanied by a certified copy of the court order and property settlement agreement, if any, by certified mail, return receipt requested to: (A) The address that the issuer has designated for making payments on the credit card account; or (B) The customer service address provided by the issuer. (2) On the date the notice is processed by the issuer of the credit card, not later than the fourth business day after receipt of the notice by the issuer, the nonresponsible party shall not be liable for any new charges on the credit card, other than charges made by the nonresponsible party, but shall remain liable for the balance due prior to the date the issuer processes the notice and all interest and late fees accrued or thereafter accruing on the balance.

(1) After a court has determined or approved a property settlement agreement establishing the party responsible for any joint credit card account debt in a divorce action maintained or being maintained in the courts of this state, the nonresponsible party may notify the issuer of the credit card of the court order by sending a written notice containing the account name and account number of the joint credit card accompanied by a certified copy of the court order and property settlement agreement, if any, by certified mail, return receipt requested to: (A) The address that the issuer has designated for making payments on the credit card account; or (B) The customer service address provided by the issuer.

(A) The address that the issuer has designated for making payments on the credit card account; or

(B) The customer service address provided by the issuer.

(2) On the date the notice is processed by the issuer of the credit card, not later than the fourth business day after receipt of the notice by the issuer, the nonresponsible party shall not be liable for any new charges on the credit card, other than charges made by the nonresponsible party, but shall remain liable for the balance due prior to the date the issuer processes the notice and all interest and late fees accrued or thereafter accruing on the balance.

(b) (1) The issuer of the credit card shall: (A) Provide the nonresponsible party with written notification of the credit card account balance as of the date of processing the notice; (B) Remove the nonresponsible party as an authorized user of the credit card account; (C) Either cancel the credit card or suspend the effectiveness of the credit card for a period not exceeding thirty (30) days to allow the issuer to evaluate any request by the responsible party to continue the account as a separate credit card account of the responsible party; and (D) Apply all payment made after the date of processing the notice: (i) First to any fees assessed against the account; (ii) Next to the accrued interest; (iii) Next to the principal of the debt existing on the date of processing the notice; and (iv) Finally to the principal of any debt incurred after the date of the processing of the notice.

(1) The issuer of the credit card shall: (A) Provide the nonresponsible party with written notification of the credit card account balance as of the date of processing the notice; (B) Remove the nonresponsible party as an authorized user of the credit card account; (C) Either cancel the credit card or suspend the effectiveness of the credit card for a period not exceeding thirty (30) days to allow the issuer to evaluate any request by the responsible party to continue the account as a separate credit card account of the responsible party; and (D) Apply all payment made after the date of processing the notice: (i) First to any fees assessed against the account; (ii) Next to the accrued interest; (iii) Next to the principal of the debt existing on the date of processing the notice; and (iv) Finally to the principal of any debt incurred after the date of the processing of the notice.

(A) Provide the nonresponsible party with written notification of the credit card account balance as of the date of processing the notice;

(B) Remove the nonresponsible party as an authorized user of the credit card account;

(C) Either cancel the credit card or suspend the effectiveness of the credit card for a period not exceeding thirty (30) days to allow the issuer to evaluate any request by the responsible party to continue the account as a separate credit card account of the responsible party; and

(D) Apply all payment made after the date of processing the notice: (i) First to any fees assessed against the account; (ii) Next to the accrued interest; (iii) Next to the principal of the debt existing on the date of processing the notice; and (iv) Finally to the principal of any debt incurred after the date of the processing of the notice.

(i) First to any fees assessed against the account;

(ii) Next to the accrued interest;

(iii) Next to the principal of the debt existing on the date of processing the notice; and

(iv) Finally to the principal of any debt incurred after the date of the processing of the notice.

(c) (1) This section does not prohibit the issuer of the credit card from issuing a new credit card to the responsible party. (2) If as a result of receiving the notice under this section, a new credit card is issued in the name of the responsible party, the issuer may: (A) Transfer the outstanding debt to the new credit card account for which the responsible party is solely responsible; or (B) Issue the new credit card with a zero dollar ($0.00) balance and allow no new charges on the original credit card account, and both parties who are the obligors on the original credit card account will remain responsible for paying the debt from the original account in accordance with the terms and conditions of the original credit card account until the balance is paid in full.

(1) This section does not prohibit the issuer of the credit card from issuing a new credit card to the responsible party.

(2) If as a result of receiving the notice under this section, a new credit card is issued in the name of the responsible party, the issuer may: (A) Transfer the outstanding debt to the new credit card account for which the responsible party is solely responsible; or (B) Issue the new credit card with a zero dollar ($0.00) balance and allow no new charges on the original credit card account, and both parties who are the obligors on the original credit card account will remain responsible for paying the debt from the original account in accordance with the terms and conditions of the original credit card account until the balance is paid in full.

(A) Transfer the outstanding debt to the new credit card account for which the responsible party is solely responsible; or

(B) Issue the new credit card with a zero dollar ($0.00) balance and allow no new charges on the original credit card account, and both parties who are the obligors on the original credit card account will remain responsible for paying the debt from the original account in accordance with the terms and conditions of the original credit card account until the balance is paid in full.

(d) Proof that the nonresponsible party notified the issuer of the credit card in compliance with this section shall be an affirmative defense to any action to recover card debt resulting from any charge on the account after the date of processing of the notice.

Acts 2003, No. 1477, § 1