Ark. Code Ann. § 9-11-505 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-505
Control of separate real and personal property
Status: in_force

(a) The real and personal property that any married person now owns, or has had conveyed to him or her by any person in good faith and without prejudice to existing creditors, that is acquired as sole and separate property, that comes to him or her by gift, bequest, descent, grant, or conveyance from any person, that he or she has acquired by trade, business, labor, or services carried on or performed on his or her sole or separate account, that a married person in this state holds or owns at the time of the marriage, and the rents, issues, and proceeds of all such property shall, notwithstanding the marriage, be and remain his or her sole and separate property. (b) The separate property may be used, collected, and invested by him or her, in his or her own name, and shall not be subject to the interference or control of his or her spouse nor shall it be liable for the spouse's debts, except as may have been contracted for the support of the spouse, or support of the children of the marriage by the spouse or his or her agent. Acts 1873, No. 126, § 2, p. 382; C. & M. Dig., § 5580; Pope's Dig., § 7230; Acts 1981, No. 873, § 2; A.S.A. 1947, § 55-404

(a) The real and personal property that any married person now owns, or has had conveyed to him or her by any person in good faith and without prejudice to existing creditors, that is acquired as sole and separate property, that comes to him or her by gift, bequest, descent, grant, or conveyance from any person, that he or she has acquired by trade, business, labor, or services carried on or performed on his or her sole or separate account, that a married person in this state holds or owns at the time of the marriage, and the rents, issues, and proceeds of all such property shall, notwithstanding the marriage, be and remain his or her sole and separate property.

(b) The separate property may be used, collected, and invested by him or her, in his or her own name, and shall not be subject to the interference or control of his or her spouse nor shall it be liable for the spouse's debts, except as may have been contracted for the support of the spouse, or support of the children of the marriage by the spouse or his or her agent.

Acts 1873, No. 126, § 2, p. 382; C. & M. Dig., § 5580; Pope's Dig., § 7230; Acts 1981, No. 873, § 2; A.S.A. 1947, § 55-404
Ark. Code Ann. § 9-32-205 — AR Code / Title 9 / Chapter 32 / Subchapter 2 / Section 9-32-205
Annual performance audits
Status: in_force

(a) The Senate Interim Committee on Children and Youth shall conduct annual performance audits of the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services. (b) To establish performance auditing standards, the Senate Interim Committee on Children and Youth shall use for guidance the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions (revised), published by the United States Government Accountability Office. (c) The performance audits shall include without limitation a complete assessment of the compliance of the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services with state laws and rules and federal regulations and with the terms and conditions of the court-ordered settlement agreement. (d) To conduct the performance audit, the Senate Interim Committee on Children and Youth may utilize surveys, client interviews, and other research methodology that it deems necessary. Amended by Act 2019, No. 315,§ 733, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 33, eff. 8/1/2017 Amended by Act 2017, No. 913,§ 32, eff. 8/1/2017 Amended by Act 2013, No. 980,§ 2, eff. 8/16/2013 Acts 1995, No. 1222, § 5; 1997, No. 312, § 6; 2001, No. 1727, § 4

(a) The Senate Interim Committee on Children and Youth shall conduct annual performance audits of the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services.

(b) To establish performance auditing standards, the Senate Interim Committee on Children and Youth shall use for guidance the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions (revised), published by the United States Government Accountability Office.

(c) The performance audits shall include without limitation a complete assessment of the compliance of the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services with state laws and rules and federal regulations and with the terms and conditions of the court-ordered settlement agreement.

(d) To conduct the performance audit, the Senate Interim Committee on Children and Youth may utilize surveys, client interviews, and other research methodology that it deems necessary.

Amended by Act 2019, No. 315,§ 733, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 33, eff. 8/1/2017

Amended by Act 2017, No. 913,§ 32, eff. 8/1/2017

Amended by Act 2013, No. 980,§ 2, eff. 8/16/2013

Acts 1995, No. 1222, § 5; 1997, No. 312, § 6; 2001, No. 1727, § 4
Ark. Code Ann. § 9-27-347 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-347
Probation reports
Status: in_force

(a) The probation officer shall make and keep a complete history of each case before disposition and during the course of any probation imposed by the circuit court. (b) (1) It is the intention of this section to require an intelligent and thorough report of each juvenile before probation and during probation as to heredity, environment, condition, treatment, development, and results. (2) The report shall contain among other information the age, sex, nativity, residence, education, mentality, habits, whether married or single, and employment and income and shall be continued so as to show the condition of the person during the term of his or her probation and the results of probation in the case. (3) The report shall never be disclosed except as required by law or directed by the court. (c) The probation officer shall furnish to each person released on probation a written statement of the terms and conditions of probation and shall report to the court any violation or breach of the terms and conditions so imposed. Acts 1975, No. 451, § 34; A.S.A. 1947, § 45-434; Acts 2003, No. 1166, § 24

(a) The probation officer shall make and keep a complete history of each case before disposition and during the course of any probation imposed by the circuit court.

(b) (1) It is the intention of this section to require an intelligent and thorough report of each juvenile before probation and during probation as to heredity, environment, condition, treatment, development, and results. (2) The report shall contain among other information the age, sex, nativity, residence, education, mentality, habits, whether married or single, and employment and income and shall be continued so as to show the condition of the person during the term of his or her probation and the results of probation in the case. (3) The report shall never be disclosed except as required by law or directed by the court.

(1) It is the intention of this section to require an intelligent and thorough report of each juvenile before probation and during probation as to heredity, environment, condition, treatment, development, and results.

(2) The report shall contain among other information the age, sex, nativity, residence, education, mentality, habits, whether married or single, and employment and income and shall be continued so as to show the condition of the person during the term of his or her probation and the results of probation in the case.

(3) The report shall never be disclosed except as required by law or directed by the court.

(c) The probation officer shall furnish to each person released on probation a written statement of the terms and conditions of probation and shall report to the court any violation or breach of the terms and conditions so imposed.

Acts 1975, No. 451, § 34; A.S.A. 1947, § 45-434; Acts 2003, No. 1166, § 24
Ark. Code Ann. § 9-11-510 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-510
Form of schedule
Status: in_force

That schedule of a married person's separate property may be in the following form: Click here to view form. Acts 1875 (Adj. Sess.), No. 91, § 7, p. 172; C. & M. Dig., § 5597; Pope's Dig., § 7247; Acts 1981, No. 873, § 12; A.S.A. 1947, § 55-415

That schedule of a married person's separate property may be in the following form:

Click here to view form.

Acts 1875 (Adj. Sess.), No. 91, § 7, p. 172; C. & M. Dig., § 5597; Pope's Dig., § 7247; Acts 1981, No. 873, § 12; A.S.A. 1947, § 55-415

11_510_1 - Attachment
Ark. Code Ann. § 9-20-106 — AR Code / Title 9 / Chapter 20 / Section 9-20-106
Immunity for investigation participants
Status: in_force

Any person, official, or institution participating in good faith in the removal of a maltreated adult pursuant to this chapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of such actions. Acts 2005, No. 1811, § 1

Any person, official, or institution participating in good faith in the removal of a maltreated adult pursuant to this chapter shall have immunity from liability and suit for damages, civil or criminal, that otherwise might result by reason of such actions.

Acts 2005, No. 1811, § 1
Ark. Code Ann. § 9-10-202 — AR Code / Title 9 / Chapter 10 / Subchapter 2 / Section 9-10-202
Supervision by physician - Written agreement
Status: in_force

(a) Artificial insemination of a woman shall only be performed under the supervision of a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq. (b) Prior to conducting the artificial insemination, the supervising physician shall obtain from the woman and her husband or the donor of the semen a written statement attesting to the agreement to the artificial insemination, and the physician shall certify their signatures and the date of the insemination. Acts 1985, No. 904, § 3; A.S.A. 1947, § 34-722

(a) Artificial insemination of a woman shall only be performed under the supervision of a physician licensed under the Arkansas Medical Practices Act, § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.

(b) Prior to conducting the artificial insemination, the supervising physician shall obtain from the woman and her husband or the donor of the semen a written statement attesting to the agreement to the artificial insemination, and the physician shall certify their signatures and the date of the insemination.

Acts 1985, No. 904, § 3; A.S.A. 1947, § 34-722
Ark. Code Ann. § 9-14-110 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-110
Arkansas Registry of Child Support Orders - Definition
Status: in_force

(a) As used in this section, "child support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief. (b) (1) (A) Not later than October 1, 1998, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration will establish and maintain an automated registry of child support orders to be known as the "Arkansas Registry of Child Support Orders". (B) The registry will contain abstracts of child support orders and other information on each child support case in the state established or modified on or after October 1, 1998. (C) The registry will further contain abstracts of all child support orders for cases in which services are being provided by the Office of Child Support Enforcement pursuant to Title IV-D of the Social Security Act. (2) Abstracts of child support orders and other information on each child support case will include information as required by the United States Department of Health and Human Services, as specified in federal regulations, including, but not limited to, names, Social Security numbers or other uniform identification numbers, and case identification numbers that will identify individuals who owe or are owed child support or on whose behalf the establishment of support obligations is sought and the name of the county in which the case is filed. (3) (A) Each child support case in the registry for which services are being provided under Title IV-D of the Social Security Act will include the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest, or late penalties and fees, that are due or overdue under the order, information on moneys collected and distributed on each case, the birthdate of any child for whom the order requires support, and the amount of any lien imposed with respect to the support order. (B) Payment history information on Title IV-D child support cases maintained in the registry will be provided by the Office of Child Support Enforcement. (c) (1) From time to time, as may be required, the Office of Child Support Enforcement will consult with the Administrative Office of the Courts to appropriately revise the statistical case data reporting system of the Administrative Office of the Courts in order to meet requirements of the registry. (2) The Administrative Office of the Courts will advise all clerks of court or other court personnel responsible for completion of the case data reporting of any revised statistical reporting requirements. (3) It is the specific intent of the General Assembly that the registry be established and maintained by modification to the case information reporting system currently administered through the Administrative Office of the Courts without imposing duplicate reporting requirements on the clerks of court. (d) (1) The Office of Child Support Enforcement will have access to statistical case information compiled by the Administrative Office of the Courts for the purpose of administering the registry. (2) The cost of development and maintenance of the registry will be the responsibility of the Office of Child Support Enforcement. (3) The cost of collection, storage, and retrieval of data for the registry will be the responsibility of the Office of Child Support Enforcement. Acts 1997, No. 1072, § 1; 1999, No. 1514, § 4

(a) As used in this section, "child support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief.

(b) (1) (A) Not later than October 1, 1998, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration will establish and maintain an automated registry of child support orders to be known as the "Arkansas Registry of Child Support Orders". (B) The registry will contain abstracts of child support orders and other information on each child support case in the state established or modified on or after October 1, 1998. (C) The registry will further contain abstracts of all child support orders for cases in which services are being provided by the Office of Child Support Enforcement pursuant to Title IV-D of the Social Security Act. (2) Abstracts of child support orders and other information on each child support case will include information as required by the United States Department of Health and Human Services, as specified in federal regulations, including, but not limited to, names, Social Security numbers or other uniform identification numbers, and case identification numbers that will identify individuals who owe or are owed child support or on whose behalf the establishment of support obligations is sought and the name of the county in which the case is filed. (3) (A) Each child support case in the registry for which services are being provided under Title IV-D of the Social Security Act will include the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest, or late penalties and fees, that are due or overdue under the order, information on moneys collected and distributed on each case, the birthdate of any child for whom the order requires support, and the amount of any lien imposed with respect to the support order. (B) Payment history information on Title IV-D child support cases maintained in the registry will be provided by the Office of Child Support Enforcement.

(1) (A) Not later than October 1, 1998, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration will establish and maintain an automated registry of child support orders to be known as the "Arkansas Registry of Child Support Orders". (B) The registry will contain abstracts of child support orders and other information on each child support case in the state established or modified on or after October 1, 1998. (C) The registry will further contain abstracts of all child support orders for cases in which services are being provided by the Office of Child Support Enforcement pursuant to Title IV-D of the Social Security Act.

(A) Not later than October 1, 1998, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration will establish and maintain an automated registry of child support orders to be known as the "Arkansas Registry of Child Support Orders".

(B) The registry will contain abstracts of child support orders and other information on each child support case in the state established or modified on or after October 1, 1998.

(C) The registry will further contain abstracts of all child support orders for cases in which services are being provided by the Office of Child Support Enforcement pursuant to Title IV-D of the Social Security Act.

(2) Abstracts of child support orders and other information on each child support case will include information as required by the United States Department of Health and Human Services, as specified in federal regulations, including, but not limited to, names, Social Security numbers or other uniform identification numbers, and case identification numbers that will identify individuals who owe or are owed child support or on whose behalf the establishment of support obligations is sought and the name of the county in which the case is filed.

(3) (A) Each child support case in the registry for which services are being provided under Title IV-D of the Social Security Act will include the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest, or late penalties and fees, that are due or overdue under the order, information on moneys collected and distributed on each case, the birthdate of any child for whom the order requires support, and the amount of any lien imposed with respect to the support order. (B) Payment history information on Title IV-D child support cases maintained in the registry will be provided by the Office of Child Support Enforcement.

(A) Each child support case in the registry for which services are being provided under Title IV-D of the Social Security Act will include the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest, or late penalties and fees, that are due or overdue under the order, information on moneys collected and distributed on each case, the birthdate of any child for whom the order requires support, and the amount of any lien imposed with respect to the support order.

(B) Payment history information on Title IV-D child support cases maintained in the registry will be provided by the Office of Child Support Enforcement.

(c) (1) From time to time, as may be required, the Office of Child Support Enforcement will consult with the Administrative Office of the Courts to appropriately revise the statistical case data reporting system of the Administrative Office of the Courts in order to meet requirements of the registry. (2) The Administrative Office of the Courts will advise all clerks of court or other court personnel responsible for completion of the case data reporting of any revised statistical reporting requirements. (3) It is the specific intent of the General Assembly that the registry be established and maintained by modification to the case information reporting system currently administered through the Administrative Office of the Courts without imposing duplicate reporting requirements on the clerks of court.

(1) From time to time, as may be required, the Office of Child Support Enforcement will consult with the Administrative Office of the Courts to appropriately revise the statistical case data reporting system of the Administrative Office of the Courts in order to meet requirements of the registry.

(2) The Administrative Office of the Courts will advise all clerks of court or other court personnel responsible for completion of the case data reporting of any revised statistical reporting requirements.

(3) It is the specific intent of the General Assembly that the registry be established and maintained by modification to the case information reporting system currently administered through the Administrative Office of the Courts without imposing duplicate reporting requirements on the clerks of court.

(d) (1) The Office of Child Support Enforcement will have access to statistical case information compiled by the Administrative Office of the Courts for the purpose of administering the registry. (2) The cost of development and maintenance of the registry will be the responsibility of the Office of Child Support Enforcement. (3) The cost of collection, storage, and retrieval of data for the registry will be the responsibility of the Office of Child Support Enforcement.

(1) The Office of Child Support Enforcement will have access to statistical case information compiled by the Administrative Office of the Courts for the purpose of administering the registry.

(2) The cost of development and maintenance of the registry will be the responsibility of the Office of Child Support Enforcement.

(3) The cost of collection, storage, and retrieval of data for the registry will be the responsibility of the Office of Child Support Enforcement.

Acts 1997, No. 1072, § 1; 1999, No. 1514, § 4
Ark. Code Ann. § 9-19-303 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-303
Duty to enforce
Status: in_force

(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. (b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child-custody determination. Acts 1999, No. 668, § 303

(a) A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.

(b) A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.

Acts 1999, No. 668, § 303
Ark. Code Ann. § 9-3-105 — AR Code / Title 9 / Chapter 3 / Section 9-3-105
Rules
Status: in_force

The Secretary of State shall have power to make such rules as may be necessary for properly carrying into execution the various provisions of this chapter. Amended by Act 2019, No. 315,§ 701, eff. 7/24/2019. Acts 1941, No. 355, § 3; A.S.A. 1947, § 34-1303

The Secretary of State shall have power to make such rules as may be necessary for properly carrying into execution the various provisions of this chapter.

Amended by Act 2019, No. 315,§ 701, eff. 7/24/2019.

Acts 1941, No. 355, § 3; A.S.A. 1947, § 34-1303
Ark. Code Ann. § 9-29-208 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-208
Financial responsibility for placed children
Status: in_force

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Arkansas laws fixing responsibility for the support of children may also be invoked. Acts 1979, No. 677, § 2; A.S.A. 1947, § 83-1202

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V thereof in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of Arkansas laws fixing responsibility for the support of children may also be invoked.

Acts 1979, No. 677, § 2; A.S.A. 1947, § 83-1202
Ark. Code Ann. § 9-30-107 — AR Code / Title 9 / Chapter 30 / Section 9-30-107
Disbursement of funds
Status: in_force

(a) The Department of Human Services may disburse money appropriated from the Children's Trust Fund exclusively to make grants or loans to any person, group of persons, or legal entity for the development or operation of a prevention program if at least all of the following conditions are met: (1) The appropriate local council has reviewed and approved the program; (2) The organization demonstrates an ability to match through money or in-kind services at least twenty-five percent (25%) of the amount of any Children's Trust Fund money to be disbursed to it; (3) The organization demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance; and (4) Other conditions that the department may deem appropriate. (b) Disbursement of Children's Trust Fund money under subsection (a) of this section shall be kept at a minimum in furtherance of the primary purpose of the Children's Trust Fund, which is to disburse money to encourage the direct provision of services to prevent child abuse and neglect. (c) (1) Except as provided in subdivision (c)(2) of this section, the department may disburse money appropriated from the One Percent to Prevent Fund exclusively to make grants to any person, group of persons, or legal entity for the development, implementation, operation, or improvement of a parenting-from-prison program, a program for the children of prisoners, or a post-release parenting program as provided in § 9-30-105(c)(2) . (2) To make a grant under subdivision (c)(1) of this section, the following requirements must be met: (A) The department or its designee reviews and approves the program; (B) The person or entity applying for the grant demonstrates the academic background and evaluative experience necessary to provide program models and consultation on any of the programs under § 9-30-105(c) ; and (C) Other conditions that the department may deem appropriate. Amended by Act 2017, No. 897,§ 9, eff. 7/1/2017 Acts 1987, No. 397, § 9; 2003, No. 1224, § 2

(a) The Department of Human Services may disburse money appropriated from the Children's Trust Fund exclusively to make grants or loans to any person, group of persons, or legal entity for the development or operation of a prevention program if at least all of the following conditions are met: (1) The appropriate local council has reviewed and approved the program; (2) The organization demonstrates an ability to match through money or in-kind services at least twenty-five percent (25%) of the amount of any Children's Trust Fund money to be disbursed to it; (3) The organization demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance; and (4) Other conditions that the department may deem appropriate.

(1) The appropriate local council has reviewed and approved the program;

(2) The organization demonstrates an ability to match through money or in-kind services at least twenty-five percent (25%) of the amount of any Children's Trust Fund money to be disbursed to it;

(3) The organization demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance; and

(4) Other conditions that the department may deem appropriate.

(b) Disbursement of Children's Trust Fund money under subsection (a) of this section shall be kept at a minimum in furtherance of the primary purpose of the Children's Trust Fund, which is to disburse money to encourage the direct provision of services to prevent child abuse and neglect.

(c) (1) Except as provided in subdivision (c)(2) of this section, the department may disburse money appropriated from the One Percent to Prevent Fund exclusively to make grants to any person, group of persons, or legal entity for the development, implementation, operation, or improvement of a parenting-from-prison program, a program for the children of prisoners, or a post-release parenting program as provided in § 9-30-105(c)(2) . (2) To make a grant under subdivision (c)(1) of this section, the following requirements must be met: (A) The department or its designee reviews and approves the program; (B) The person or entity applying for the grant demonstrates the academic background and evaluative experience necessary to provide program models and consultation on any of the programs under § 9-30-105(c) ; and (C) Other conditions that the department may deem appropriate.

(1) Except as provided in subdivision (c)(2) of this section, the department may disburse money appropriated from the One Percent to Prevent Fund exclusively to make grants to any person, group of persons, or legal entity for the development, implementation, operation, or improvement of a parenting-from-prison program, a program for the children of prisoners, or a post-release parenting program as provided in § 9-30-105(c)(2) .

(2) To make a grant under subdivision (c)(1) of this section, the following requirements must be met: (A) The department or its designee reviews and approves the program; (B) The person or entity applying for the grant demonstrates the academic background and evaluative experience necessary to provide program models and consultation on any of the programs under § 9-30-105(c) ; and (C) Other conditions that the department may deem appropriate.

(A) The department or its designee reviews and approves the program;

(B) The person or entity applying for the grant demonstrates the academic background and evaluative experience necessary to provide program models and consultation on any of the programs under § 9-30-105(c) ; and

(C) Other conditions that the department may deem appropriate.

Amended by Act 2017, No. 897,§ 9, eff. 7/1/2017

Acts 1987, No. 397, § 9; 2003, No. 1224, § 2
Ark. Code Ann. § 9-14-228 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-228
Income withholding - Procedures for payor
Status: in_force

(a) (1) A payor shall withhold the amount indicated in the notice from money, income, or periodic earnings due the noncustodial parent and remit the amount in the manner set forth in the notice. (2) Payments are to be made at the same time the noncustodial parent is paid. The payor shall identify the date of income withholding on each payment. (3) The amount withheld, when added to the administrative fee charged by the payor, shall not exceed the maximum limit under section 303(b) of the Consumer Credit Protection Act if the payor is an employer of the noncustodial parent. (b) A payor may combine and remit one (1) single withholding payment from several noncustodial parents so long as the payee for all payments is identical and the payment is accompanied by sufficient information to identify that portion of the payment that is attributable to each of the noncustodial parents and the date of income withholding for each payment. (c) (1) If there is more than one (1) notice or order for income withholding for current child support against a noncustodial parent and the total amount requested exceeds the limits imposed under the Consumer Credit Protection Act, the payor shall make pro rata disbursements, "pro rata" being the proportionate amount each notice or order bears to the total amount due for current support under all notices and orders. (2) If the total to be withheld for current and past due support exceeds the Consumer Credit Protection Act's limits and if all notices and orders for current support have been satisfied, the payor shall make pro rata disbursements of the remaining amount available for disbursement for each notice or order involving past due support, "pro rata" being the proportionate amount each notice or order for past due support bears to the total amount due for past due support under all notices and orders. (3) (A) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall notify employers of this change from first come, first served to pro rata in the treatment of multiple income withholding notices and orders for child support. (B) Further, the office shall take steps through public information activities to inform the public of this change. (C) As far as practicable, the office shall consolidate multiple income withholding notices and orders involving the same payor and noncustodial parent through issuance of a single notice to the payor under the notification procedures set out under § 9-14-222 , delineating the amounts of pro rata disbursements to be made by the payor in Title IV-D cases. (d) The payor shall implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed. Acts 1985, No. 989, § 13; A.S.A. 1947, § 34-1231; Acts 1989, No. 948, § 6; 1994 (1st Ex. Sess.), No. 5, § 2

(a) (1) A payor shall withhold the amount indicated in the notice from money, income, or periodic earnings due the noncustodial parent and remit the amount in the manner set forth in the notice. (2) Payments are to be made at the same time the noncustodial parent is paid. The payor shall identify the date of income withholding on each payment. (3) The amount withheld, when added to the administrative fee charged by the payor, shall not exceed the maximum limit under section 303(b) of the Consumer Credit Protection Act if the payor is an employer of the noncustodial parent.

(1) A payor shall withhold the amount indicated in the notice from money, income, or periodic earnings due the noncustodial parent and remit the amount in the manner set forth in the notice.

(2) Payments are to be made at the same time the noncustodial parent is paid. The payor shall identify the date of income withholding on each payment.

(3) The amount withheld, when added to the administrative fee charged by the payor, shall not exceed the maximum limit under section 303(b) of the Consumer Credit Protection Act if the payor is an employer of the noncustodial parent.

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

(c) (1) If there is more than one (1) notice or order for income withholding for current child support against a noncustodial parent and the total amount requested exceeds the limits imposed under the Consumer Credit Protection Act, the payor shall make pro rata disbursements, "pro rata" being the proportionate amount each notice or order bears to the total amount due for current support under all notices and orders. (2) If the total to be withheld for current and past due support exceeds the Consumer Credit Protection Act's limits and if all notices and orders for current support have been satisfied, the payor shall make pro rata disbursements of the remaining amount available for disbursement for each notice or order involving past due support, "pro rata" being the proportionate amount each notice or order for past due support bears to the total amount due for past due support under all notices and orders. (3) (A) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall notify employers of this change from first come, first served to pro rata in the treatment of multiple income withholding notices and orders for child support. (B) Further, the office shall take steps through public information activities to inform the public of this change. (C) As far as practicable, the office shall consolidate multiple income withholding notices and orders involving the same payor and noncustodial parent through issuance of a single notice to the payor under the notification procedures set out under § 9-14-222 , delineating the amounts of pro rata disbursements to be made by the payor in Title IV-D cases.

(1) If there is more than one (1) notice or order for income withholding for current child support against a noncustodial parent and the total amount requested exceeds the limits imposed under the Consumer Credit Protection Act, the payor shall make pro rata disbursements, "pro rata" being the proportionate amount each notice or order bears to the total amount due for current support under all notices and orders.

(2) If the total to be withheld for current and past due support exceeds the Consumer Credit Protection Act's limits and if all notices and orders for current support have been satisfied, the payor shall make pro rata disbursements of the remaining amount available for disbursement for each notice or order involving past due support, "pro rata" being the proportionate amount each notice or order for past due support bears to the total amount due for past due support under all notices and orders.

(3) (A) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall notify employers of this change from first come, first served to pro rata in the treatment of multiple income withholding notices and orders for child support. (B) Further, the office shall take steps through public information activities to inform the public of this change. (C) As far as practicable, the office shall consolidate multiple income withholding notices and orders involving the same payor and noncustodial parent through issuance of a single notice to the payor under the notification procedures set out under § 9-14-222 , delineating the amounts of pro rata disbursements to be made by the payor in Title IV-D cases.

(A) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall notify employers of this change from first come, first served to pro rata in the treatment of multiple income withholding notices and orders for child support.

(B) Further, the office shall take steps through public information activities to inform the public of this change.

(C) As far as practicable, the office shall consolidate multiple income withholding notices and orders involving the same payor and noncustodial parent through issuance of a single notice to the payor under the notification procedures set out under § 9-14-222 , delineating the amounts of pro rata disbursements to be made by the payor in Title IV-D cases.

(d) The payor shall implement withholding no later than the first pay period that occurs after fourteen (14) days following the date the notice was mailed.

Acts 1985, No. 989, § 13; A.S.A. 1947, § 34-1231; Acts 1989, No. 948, § 6; 1994 (1st Ex. Sess.), No. 5, § 2
Ark. Code Ann. § 9-11-402 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-402
Formalities - Definition
Status: in_force

(a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration. (b) As used in this section, "acknowledged" means: (1) A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties; (2) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement; (3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties: (A) Have consulted with their respective attorneys regarding the premarital agreement; (B) Have read and understand the premarital agreement; and (C) Freely entered into the premarital agreement without coercion or undue influence; or (4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement. Amended by Act 2017, No. 654,§ 2, eff. 8/1/2017 Acts 1987, No. 715, § 2

(a) A premarital agreement must be in writing and signed and acknowledged by both parties. It is enforceable without consideration.

(b) As used in this section, "acknowledged" means: (1) A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties; (2) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement; (3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties: (A) Have consulted with their respective attorneys regarding the premarital agreement; (B) Have read and understand the premarital agreement; and (C) Freely entered into the premarital agreement without coercion or undue influence; or (4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.

(1) A formal declaration or admission before an authorized public officer by the parties who execute the premarital agreement providing that the premarital agreement is the act and deed of the parties;

(2) A sworn affirmation by the respective attorneys of each party that the party represented by the attorney understands and consents to the legal effect of the premarital agreement;

(3) An agreement signed by the parties that is witnessed by a notary and includes a statement that the parties: (A) Have consulted with their respective attorneys regarding the premarital agreement; (B) Have read and understand the premarital agreement; and (C) Freely entered into the premarital agreement without coercion or undue influence; or

(A) Have consulted with their respective attorneys regarding the premarital agreement;

(B) Have read and understand the premarital agreement; and

(C) Freely entered into the premarital agreement without coercion or undue influence; or

(4) An execution of the premarital agreement by both parties that is witnessed by two (2) individuals who are disinterested parties to the premarital agreement.

Amended by Act 2017, No. 654,§ 2, eff. 8/1/2017

Acts 1987, No. 715, § 2
Ark. Code Ann. § 9-11-706 — AR Code / Title 9 / Chapter 11 / Subchapter 7 / Section 9-11-706
Marriage before entry of divorce decree
Status: in_force

(a) It is the intent of this section to validate all marriages deemed void as a result of the decision of the Supreme Court in Standridge v. Standridge, 298 Ark. 494, 769 S.W.2d 12 (1989), whether occurring prior to or subsequent to November 14, 1989. (b) (1) All marriages heretofore or hereafter declared void because the parties had entered into an otherwise valid marriage after the rendition of a valid decree of divorce of either of the parties but before the entry for record of the decree are declared valid for all purposes. (2) All children born to any marriage declared valid by this section are deemed to be the legitimate children of both parents for all purposes. (3) All property rights, including, but not limited to, conveyances, inheritance, intestate succession, dower, curtesy, and all rights and duties between the parties themselves or third persons, are declared to be those of validly married persons. (c) This section shall apply to all marriages occurring both prior and subsequent to November 14, 1989. Acts 1989 (3rd Ex. Sess.), No. 46, §§ 1-5

(a) It is the intent of this section to validate all marriages deemed void as a result of the decision of the Supreme Court in Standridge v. Standridge, 298 Ark. 494, 769 S.W.2d 12 (1989), whether occurring prior to or subsequent to November 14, 1989.

(b) (1) All marriages heretofore or hereafter declared void because the parties had entered into an otherwise valid marriage after the rendition of a valid decree of divorce of either of the parties but before the entry for record of the decree are declared valid for all purposes. (2) All children born to any marriage declared valid by this section are deemed to be the legitimate children of both parents for all purposes. (3) All property rights, including, but not limited to, conveyances, inheritance, intestate succession, dower, curtesy, and all rights and duties between the parties themselves or third persons, are declared to be those of validly married persons.

(1) All marriages heretofore or hereafter declared void because the parties had entered into an otherwise valid marriage after the rendition of a valid decree of divorce of either of the parties but before the entry for record of the decree are declared valid for all purposes.

(2) All children born to any marriage declared valid by this section are deemed to be the legitimate children of both parents for all purposes.

(3) All property rights, including, but not limited to, conveyances, inheritance, intestate succession, dower, curtesy, and all rights and duties between the parties themselves or third persons, are declared to be those of validly married persons.

(c) This section shall apply to all marriages occurring both prior and subsequent to November 14, 1989.

Acts 1989 (3rd Ex. Sess.), No. 46, §§ 1-5
Ark. Code Ann. § 9-9-219 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-219
Application for new birth record
Status: in_force

Upon entry of a final decree of adoption or an interlocutory decree of adoption that does not require a subsequent hearing, the clerk of the court shall prepare an application for a birth record in the new name of the adopted individual and forward the application to the appropriate vital statistics office of the place, if known, where the adopted individual was born and forward a copy of the decree to the Division of Vital Records for statistical purposes. The division may issue a birth certificate for any child born in a place whose law does not provide for the issuance of a substituted certificate. Acts 1977, No. 735, § 19; A.S.A. 1947, § 56-219; Acts 2007, No. 539, § 5

Upon entry of a final decree of adoption or an interlocutory decree of adoption that does not require a subsequent hearing, the clerk of the court shall prepare an application for a birth record in the new name of the adopted individual and forward the application to the appropriate vital statistics office of the place, if known, where the adopted individual was born and forward a copy of the decree to the Division of Vital Records for statistical purposes. The division may issue a birth certificate for any child born in a place whose law does not provide for the issuance of a substituted certificate.

Acts 1977, No. 735, § 19; A.S.A. 1947, § 56-219; Acts 2007, No. 539, § 5
Ark. Code Ann. § 9-8-201 — AR Code / Title 9 / Chapter 8 / Subchapter 2 / Section 9-8-201
Title - Purpose
Status: in_force

(a) This subchapter shall be known and may be cited as the "Arkansas Subsidized Guardianship Act". (b) The purpose of this subchapter is to create the framework for subsidized guardianships in the event that funding becomes available for such a program. Acts 2007, No. 621, § 1

(a) This subchapter shall be known and may be cited as the "Arkansas Subsidized Guardianship Act".

(b) The purpose of this subchapter is to create the framework for subsidized guardianships in the event that funding becomes available for such a program.

Acts 2007, No. 621, § 1
Ark. Code Ann. § 9-15-101 — AR Code / Title 9 / Chapter 15 / Subchapter 1 / Section 9-15-101
Purpose
Status: in_force

The purpose of this chapter is to provide an adequate mechanism whereby the State of Arkansas can protect the general health, welfare, and safety of its citizens by intervening when abuse of a member of a household by another member of a household occurs or is threatened to occur, thus preventing further violence. The General Assembly has assessed domestic abuse in Arkansas and believes that the relief contemplated under this chapter is injunctive and therefore equitable in nature. The General Assembly hereby finds that this chapter is necessary to secure important governmental interests in the protection of victims of abuse and the prevention of further abuse through the removal of offenders from the household and other injunctive relief for which there is no adequate remedy in current law. The General Assembly hereby finds that this chapter shall meet a compelling societal need and is necessary to correct the acute and pervasive problem of violence and abuse within households in this state. The equitable nature of this remedy requires the legislature to place proceedings contemplated by this chapter under the jurisdiction of the circuit courts. Acts 1991, No. 266, § 1

The purpose of this chapter is to provide an adequate mechanism whereby the State of Arkansas can protect the general health, welfare, and safety of its citizens by intervening when abuse of a member of a household by another member of a household occurs or is threatened to occur, thus preventing further violence. The General Assembly has assessed domestic abuse in Arkansas and believes that the relief contemplated under this chapter is injunctive and therefore equitable in nature. The General Assembly hereby finds that this chapter is necessary to secure important governmental interests in the protection of victims of abuse and the prevention of further abuse through the removal of offenders from the household and other injunctive relief for which there is no adequate remedy in current law. The General Assembly hereby finds that this chapter shall meet a compelling societal need and is necessary to correct the acute and pervasive problem of violence and abuse within households in this state. The equitable nature of this remedy requires the legislature to place proceedings contemplated by this chapter under the jurisdiction of the circuit courts.

Acts 1991, No. 266, § 1
Ark. Code Ann. § 9-11-205 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-205
Notice of intention to wed - Noncompliance, penalties, and effect
Status: in_force

(a) No marriage license shall be issued by the clerks unless a notice of intention to wed shall have been signed by both of the applicants applying for the marriage license and filed with the county clerk where the license is obtained. (b) The notice shall state the name, age, and address of both parties desiring to wed. (c) The county clerk shall verify the age of both parties and may treat birth certificates as prima facie proof of age. (d) The notice of intention to wed referred to in this section shall be filed with the county clerk of the county where the marriage license is obtained. (e) The county clerk may destroy the notice of intention to wed one (1) year after the date of its issuance. (f) Upon the failure on the part of the county clerk or any other person to comply with the provisions of this section, he or she shall be adjudged guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (g) No marriage shall be void for failure to comply with the provisions of this section. (h) If applicable, the notice of intention to wed shall contain the declaration of intent for a covenant marriage as provided in the Covenant Marriage Act of 2001, § 9-11-801 et seq. Acts 1945, No. 112, §§ 1, 3-5; 1957, No. 119, § 1; 1959, No. 52, § 1; 1981, No. 788, § 1; 1983, No. 712, § 1; A.S.A. 1947, §§ 55-205, 55-207 -- 55-209; Acts 2001, No. 1486, § 2

(a) No marriage license shall be issued by the clerks unless a notice of intention to wed shall have been signed by both of the applicants applying for the marriage license and filed with the county clerk where the license is obtained.

(b) The notice shall state the name, age, and address of both parties desiring to wed.

(c) The county clerk shall verify the age of both parties and may treat birth certificates as prima facie proof of age.

(d) The notice of intention to wed referred to in this section shall be filed with the county clerk of the county where the marriage license is obtained.

(e) The county clerk may destroy the notice of intention to wed one (1) year after the date of its issuance.

(f) Upon the failure on the part of the county clerk or any other person to comply with the provisions of this section, he or she shall be adjudged guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(g) No marriage shall be void for failure to comply with the provisions of this section.

(h) If applicable, the notice of intention to wed shall contain the declaration of intent for a covenant marriage as provided in the Covenant Marriage Act of 2001, § 9-11-801 et seq.

Acts 1945, No. 112, §§ 1, 3-5; 1957, No. 119, § 1; 1959, No. 52, § 1; 1981, No. 788, § 1; 1983, No. 712, § 1; A.S.A. 1947, §§ 55-205, 55-207 -- 55-209; Acts 2001, No. 1486, § 2
Ark. Code Ann. § 9-14-201 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-201
Definitions
Status: in_force

As used in this Code: (1) (A) "Accrued arrearage" means a delinquency that is past due and unpaid and owed under a court order or an order of an administrative process established under state law for support of any child or children. (B) "Accrued arrearage" may include past due support that has been reduced to a judgment if the support obligation under the order has not been terminated; (2) "Child support order" or "support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, including health insurance or cash medical support, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief; (3) "Court or its representative" means the circuit court of this state or a similar district court of another state when the context so requires, a court official of the circuit court, or the state or local child support enforcement attorney operating pursuant to an agreement with the court in cases related to Title IV-D of the Social Security Act; (4) (A) "Income" means any periodic form of payment due to an individual, regardless of the source, including wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. (B) The definition of "income" may be expanded by the Supreme Court from time to time in Supreme Court Administrative Order Number 10 - Child Support Guidelines; (5) "Lump-sum payment" means any: (A) Form of income paid to an individual at other than regular or periodic intervals; or (B) Payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation: (i) The performance of a contract; (ii) A job performance standard or quota; (iii) The liquidation of unused sick or vacation pay or leave; (iv) The settlement of a claim; or (v) An award for length of service; (6) "Net lump-sum payment" means the entire lump-sum payment less any amount required by law to be withheld; (7) "Noncustodial parent" means a natural or adoptive parent who does not reside with his or her dependent child; (8) "Notice" means any form of service authorized under Arkansas law or laws of the state in which the individual is served; (9) "Overdue support" means a delinquency pursuant to an obligation created under a court decree, order, or judgment or an order of an administrative process established under the laws of another state for the support and maintenance of a minor child; (10) "Past due support" means the total amount of support determined under a court order established under state law, that remains unpaid; (11) "Payee parent" means a parent or physical custodian of a child to whom support is owed; (12) (A) "Payor" means an employer, person, general contractor, independent contractor, subcontractor, or legal entity that has or may have in the future in its possession moneys, income, periodic earnings, or a lump-sum payment due the noncustodial parent. (B) "Payor" shall include all agencies, boards, commissions, institutions, and other instrumentalities of the United States Government and the State of Arkansas and all cities of the first class, cities of the second class, incorporated towns, and counties and their agencies, boards, commissions, institutions and other instrumentalities, and school districts; and (13) "Payor parent" means a parent with an obligation to pay support. Amended by Act 2021, No. 927,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 927,§ 5, eff. 7/28/2021. Acts 1985, No. 989, § 6; A.S.A. 1947, § 34-1224; Acts 1987, No. 719, § 1; 1997, No. 1296, § 16; 1999, No. 1514, § 7; 2007, No. 713, § 2; 2009, No. 551, § 3

As used in this Code:

(1) (A) "Accrued arrearage" means a delinquency that is past due and unpaid and owed under a court order or an order of an administrative process established under state law for support of any child or children. (B) "Accrued arrearage" may include past due support that has been reduced to a judgment if the support obligation under the order has not been terminated;

(A) "Accrued arrearage" means a delinquency that is past due and unpaid and owed under a court order or an order of an administrative process established under state law for support of any child or children.

(B) "Accrued arrearage" may include past due support that has been reduced to a judgment if the support obligation under the order has not been terminated;

(2) "Child support order" or "support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or of the parent with whom the child is living, that provides for monetary support, health care, including health insurance or cash medical support, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, attorney's fees, and other relief;

(3) "Court or its representative" means the circuit court of this state or a similar district court of another state when the context so requires, a court official of the circuit court, or the state or local child support enforcement attorney operating pursuant to an agreement with the court in cases related to Title IV-D of the Social Security Act;

(4) (A) "Income" means any periodic form of payment due to an individual, regardless of the source, including wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. (B) The definition of "income" may be expanded by the Supreme Court from time to time in Supreme Court Administrative Order Number 10 - Child Support Guidelines;

(A) "Income" means any periodic form of payment due to an individual, regardless of the source, including wages, salaries, commissions, bonuses, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest.

(B) The definition of "income" may be expanded by the Supreme Court from time to time in Supreme Court Administrative Order Number 10 - Child Support Guidelines;

(5) "Lump-sum payment" means any: (A) Form of income paid to an individual at other than regular or periodic intervals; or (B) Payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation: (i) The performance of a contract; (ii) A job performance standard or quota; (iii) The liquidation of unused sick or vacation pay or leave; (iv) The settlement of a claim; or (v) An award for length of service;

(A) Form of income paid to an individual at other than regular or periodic intervals; or

(B) Payment regardless of frequency that is dependent upon meeting a condition precedent, including without limitation: (i) The performance of a contract; (ii) A job performance standard or quota; (iii) The liquidation of unused sick or vacation pay or leave; (iv) The settlement of a claim; or (v) An award for length of service;

(i) The performance of a contract;

(ii) A job performance standard or quota;

(iii) The liquidation of unused sick or vacation pay or leave;

(iv) The settlement of a claim; or

(v) An award for length of service;

(6) "Net lump-sum payment" means the entire lump-sum payment less any amount required by law to be withheld;

(7) "Noncustodial parent" means a natural or adoptive parent who does not reside with his or her dependent child;

(8) "Notice" means any form of service authorized under Arkansas law or laws of the state in which the individual is served;

(9) "Overdue support" means a delinquency pursuant to an obligation created under a court decree, order, or judgment or an order of an administrative process established under the laws of another state for the support and maintenance of a minor child;

(10) "Past due support" means the total amount of support determined under a court order established under state law, that remains unpaid;

(11) "Payee parent" means a parent or physical custodian of a child to whom support is owed;

(12) (A) "Payor" means an employer, person, general contractor, independent contractor, subcontractor, or legal entity that has or may have in the future in its possession moneys, income, periodic earnings, or a lump-sum payment due the noncustodial parent. (B) "Payor" shall include all agencies, boards, commissions, institutions, and other instrumentalities of the United States Government and the State of Arkansas and all cities of the first class, cities of the second class, incorporated towns, and counties and their agencies, boards, commissions, institutions and other instrumentalities, and school districts; and

(A) "Payor" means an employer, person, general contractor, independent contractor, subcontractor, or legal entity that has or may have in the future in its possession moneys, income, periodic earnings, or a lump-sum payment due the noncustodial parent.

(B) "Payor" shall include all agencies, boards, commissions, institutions, and other instrumentalities of the United States Government and the State of Arkansas and all cities of the first class, cities of the second class, incorporated towns, and counties and their agencies, boards, commissions, institutions and other instrumentalities, and school districts; and

(13) "Payor parent" means a parent with an obligation to pay support.

Amended by Act 2021, No. 927,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 927,§ 5, eff. 7/28/2021.

Acts 1985, No. 989, § 6; A.S.A. 1947, § 34-1224; Acts 1987, No. 719, § 1; 1997, No. 1296, § 16; 1999, No. 1514, § 7; 2007, No. 713, § 2; 2009, No. 551, § 3
Ark. Code Ann. § 9-14-515 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-515
Employer prohibited from taking action against parent for income withholding
Status: in_force

(a) A payor who is an employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a noncustodial parent under an income withholding order for healthcare coverage. (b) Any employer violating this subchapter shall be subject to the contempt powers of the court issuing the order and may be fined up to fifty dollars ($50.00) per day. (c) The noncustodial parent shall have the burden to prove that income withholding for healthcare coverage was the sole reason for the employer's action. Acts 1991, No. 368, § 14

(a) A payor who is an employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a noncustodial parent under an income withholding order for healthcare coverage.

(b) Any employer violating this subchapter shall be subject to the contempt powers of the court issuing the order and may be fined up to fifty dollars ($50.00) per day.

(c) The noncustodial parent shall have the burden to prove that income withholding for healthcare coverage was the sole reason for the employer's action.

Acts 1991, No. 368, § 14
Ark. Code Ann. § 9-20-110 — AR Code / Title 9 / Chapter 20 / Section 9-20-110
Petition
Status: in_force

A petition shall set forth the following: (1) The name, address, and if known, the date of birth of the maltreated adult who shall be designated as the respondent; (2) The maltreated adult's current location; (3) The name and address of the maltreated adult's closest adult relative, if known; (4) (A) The facts intended to prove the person to be maltreated. (B) The facts may be set out in an affidavit attached to the petition and incorporated into the petition; and (5) The relief requested by the petitioner. Acts 2005, No. 1811, § 1

A petition shall set forth the following:

(1) The name, address, and if known, the date of birth of the maltreated adult who shall be designated as the respondent;

(2) The maltreated adult's current location;

(3) The name and address of the maltreated adult's closest adult relative, if known;

(4) (A) The facts intended to prove the person to be maltreated. (B) The facts may be set out in an affidavit attached to the petition and incorporated into the petition; and

(A) The facts intended to prove the person to be maltreated.

(B) The facts may be set out in an affidavit attached to the petition and incorporated into the petition; and

(5) The relief requested by the petitioner.

Acts 2005, No. 1811, § 1
Ark. Code Ann. § 9-13-104 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-104
Transfer of custody on school property
Status: in_force

(a) In order to avoid continuing child custody controversies from involving public school personnel and to avoid disruptions to the educational atmosphere in our public schools, the transfer of a child between the child's custodial parent and noncustodial parent, when both parents are present, is prohibited from taking place on the real property of a public elementary or secondary school on normal school days during normal hours of school operations. (b) The provisions of this section shall not prohibit one (1) parent, custodial or noncustodial, from transporting the child to school and the other parent, custodial or noncustodial, from picking up the child from school at prearranged times on prearranged days if prior approval has been made with the school's principal. Acts 1993, No. 660, § 1

(a) In order to avoid continuing child custody controversies from involving public school personnel and to avoid disruptions to the educational atmosphere in our public schools, the transfer of a child between the child's custodial parent and noncustodial parent, when both parents are present, is prohibited from taking place on the real property of a public elementary or secondary school on normal school days during normal hours of school operations.

(b) The provisions of this section shall not prohibit one (1) parent, custodial or noncustodial, from transporting the child to school and the other parent, custodial or noncustodial, from picking up the child from school at prearranged times on prearranged days if prior approval has been made with the school's principal.

Acts 1993, No. 660, § 1
Ark. Code Ann. § 9-27-704 — AR Code / Title 9 / Chapter 27 / Subchapter 7 / Section 9-27-704
Powers and duties of the Commission for Parent Counsel - Funding formula - Liability
Status: in_force

(a) (1) The Commission for Parent Counsel shall enter into contracts with attorneys in order to provide counsel required by the circuit court in certain cases in the juvenile division of circuit court for a parent of a minor subject to a juvenile case. (2) The Commission for Parent Counsel may employ or enter into independent professional service contracts with attorneys to represent a parent at the trial court level as well as at the appellate level. (3) The Commission for Parent Counsel shall establish a funding formula to determine how an attorney is paid under this subchapter. (b) (1) The Commission for Parent Counsel may hire or appoint an executive director who shall hire all staff required to implement this subchapter and shall advertise employment and contract opportunities. (2) The Executive Director of the Commission for Parent Counsel shall report directly to the Commission for Parent Counsel. (3) (A) The executive director is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all parents in dependency-neglect proceedings. (B) An attorney obtaining employment or entering into a contract with the Commission for Parent Counsel shall be designated as the provider for representation of parents in dependency-neglect cases in each judicial district. (C) An attorney appointed to represent a parent in a dependency-neglect proceeding shall comply with Supreme Court Administrative Order No. 15 concerning standards and qualifications. (4) The executive director is charged with the authority and responsibility to establish and maintain a program that: (A) Equitably serves all areas of the state; (B) Provides quality representation; and (C) Equitably and prudently makes use of state funding and resources. (c) In order to ensure that each judicial district will have an appropriate amount of funds to utilize for indigent parent or custodian representation in dependency-neglect cases, the funds appropriated under this subchapter shall be apportioned based upon a formula developed by the executive director and approved by the Commission for Parent Counsel. (d) Neither the Arkansas Public Defender Commission nor the Commission for Parent Counsel is liable directly or indirectly to any attorney or to the Arkansas State Claims Commission for the payment of attorney's fees or expenses except to the extent specific funding is appropriated and available for the purpose of providing indigent parent counsel in dependency-neglect cases. Amended by Act 2019, No. 333,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 871,§ 16, eff. 7/1/2019. Added by Act 2017, No. 861,§ 6, eff. 8/1/2017

(a) (1) The Commission for Parent Counsel shall enter into contracts with attorneys in order to provide counsel required by the circuit court in certain cases in the juvenile division of circuit court for a parent of a minor subject to a juvenile case. (2) The Commission for Parent Counsel may employ or enter into independent professional service contracts with attorneys to represent a parent at the trial court level as well as at the appellate level. (3) The Commission for Parent Counsel shall establish a funding formula to determine how an attorney is paid under this subchapter.

(1) The Commission for Parent Counsel shall enter into contracts with attorneys in order to provide counsel required by the circuit court in certain cases in the juvenile division of circuit court for a parent of a minor subject to a juvenile case.

(2) The Commission for Parent Counsel may employ or enter into independent professional service contracts with attorneys to represent a parent at the trial court level as well as at the appellate level.

(3) The Commission for Parent Counsel shall establish a funding formula to determine how an attorney is paid under this subchapter.

(b) (1) The Commission for Parent Counsel may hire or appoint an executive director who shall hire all staff required to implement this subchapter and shall advertise employment and contract opportunities. (2) The Executive Director of the Commission for Parent Counsel shall report directly to the Commission for Parent Counsel. (3) (A) The executive director is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all parents in dependency-neglect proceedings. (B) An attorney obtaining employment or entering into a contract with the Commission for Parent Counsel shall be designated as the provider for representation of parents in dependency-neglect cases in each judicial district. (C) An attorney appointed to represent a parent in a dependency-neglect proceeding shall comply with Supreme Court Administrative Order No. 15 concerning standards and qualifications. (4) The executive director is charged with the authority and responsibility to establish and maintain a program that: (A) Equitably serves all areas of the state; (B) Provides quality representation; and (C) Equitably and prudently makes use of state funding and resources.

(1) The Commission for Parent Counsel may hire or appoint an executive director who shall hire all staff required to implement this subchapter and shall advertise employment and contract opportunities.

(2) The Executive Director of the Commission for Parent Counsel shall report directly to the Commission for Parent Counsel.

(3) (A) The executive director is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all parents in dependency-neglect proceedings. (B) An attorney obtaining employment or entering into a contract with the Commission for Parent Counsel shall be designated as the provider for representation of parents in dependency-neglect cases in each judicial district. (C) An attorney appointed to represent a parent in a dependency-neglect proceeding shall comply with Supreme Court Administrative Order No. 15 concerning standards and qualifications.

(A) The executive director is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all parents in dependency-neglect proceedings.

(B) An attorney obtaining employment or entering into a contract with the Commission for Parent Counsel shall be designated as the provider for representation of parents in dependency-neglect cases in each judicial district.

(C) An attorney appointed to represent a parent in a dependency-neglect proceeding shall comply with Supreme Court Administrative Order No. 15 concerning standards and qualifications.

(4) The executive director is charged with the authority and responsibility to establish and maintain a program that: (A) Equitably serves all areas of the state; (B) Provides quality representation; and (C) Equitably and prudently makes use of state funding and resources.

(A) Equitably serves all areas of the state;

(B) Provides quality representation; and

(C) Equitably and prudently makes use of state funding and resources.

(c) In order to ensure that each judicial district will have an appropriate amount of funds to utilize for indigent parent or custodian representation in dependency-neglect cases, the funds appropriated under this subchapter shall be apportioned based upon a formula developed by the executive director and approved by the Commission for Parent Counsel.

(d) Neither the Arkansas Public Defender Commission nor the Commission for Parent Counsel is liable directly or indirectly to any attorney or to the Arkansas State Claims Commission for the payment of attorney's fees or expenses except to the extent specific funding is appropriated and available for the purpose of providing indigent parent counsel in dependency-neglect cases.

Amended by Act 2019, No. 333,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 871,§ 16, eff. 7/1/2019.

Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Ark. Code Ann. § 9-28-107 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-107
Notice when juvenile transferred to custody of department
Status: repealed

(a) The Department of Human Services shall exercise due diligence to identify and provide notice to all adult grandparents, all parents of a sibling of the juvenile where the parent has legal custody of the sibling, and other adult relatives of a juvenile transferred to the custody of the department. (b) The notice provided under this subsection shall: (1) Be provided within thirty (30) days after the juvenile is transferred to the custody of the department; and (2) Include adult grandparents or adult relatives suggested by the parent or parents of the juvenile. (c) The department is not required to provide notice under subsection (b) of this section to an adult grandparent or other adult relative if the adult grandparent or other adult relative has: (1) A pending charge or past conviction or plea of guilty or nolo contendere for family or domestic violence; or (2) A true finding of child maltreatment in the Child Maltreatment Central Registry. (d) The notice required under subsection (b) of this section shall state: (1) That the juvenile has been or is being removed from the parent; (2) The option to participate in the: (A) Care of the child; (B) Placement with the child; and (C) Visitation with the child; (3) That failure to respond to the notice may result in loss of options listed under subdivision (d)(2) of this section; (4) The requirements to become a provisional foster home and the additional services and supports that are available for children in a foster home; and (5) That if kinship guardianship is available, how the relative could enter into a kinship guardianship agreement with the department. (e) The department may provide notice of a juvenile transferred to the custody of the department to persons who have a strong, positive emotional tie to the juvenile and have a positive role in the juvenile's life but are not related by blood, adoption, or marriage. (f) (1) As used in this section, a "sibling" includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights. (2) This section shall not be construed as subordinating the rights of foster or adoptive parents of a child to the rights of the parents of a sibling of that child. Amended by Act 2015, No. 1038,§ 5, eff. 4/4/2015 Amended by Act 2015, No. 1038,§ 4, eff. 4/4/2015 Acts 2011, No. 591, § 1

(a) The Department of Human Services shall exercise due diligence to identify and provide notice to all adult grandparents, all parents of a sibling of the juvenile where the parent has legal custody of the sibling, and other adult relatives of a juvenile transferred to the custody of the department.

(b) The notice provided under this subsection shall: (1) Be provided within thirty (30) days after the juvenile is transferred to the custody of the department; and (2) Include adult grandparents or adult relatives suggested by the parent or parents of the juvenile.

(1) Be provided within thirty (30) days after the juvenile is transferred to the custody of the department; and

(2) Include adult grandparents or adult relatives suggested by the parent or parents of the juvenile.

(c) The department is not required to provide notice under subsection (b) of this section to an adult grandparent or other adult relative if the adult grandparent or other adult relative has: (1) A pending charge or past conviction or plea of guilty or nolo contendere for family or domestic violence; or (2) A true finding of child maltreatment in the Child Maltreatment Central Registry.

(1) A pending charge or past conviction or plea of guilty or nolo contendere for family or domestic violence; or

(2) A true finding of child maltreatment in the Child Maltreatment Central Registry.

(d) The notice required under subsection (b) of this section shall state: (1) That the juvenile has been or is being removed from the parent; (2) The option to participate in the: (A) Care of the child; (B) Placement with the child; and (C) Visitation with the child; (3) That failure to respond to the notice may result in loss of options listed under subdivision (d)(2) of this section; (4) The requirements to become a provisional foster home and the additional services and supports that are available for children in a foster home; and (5) That if kinship guardianship is available, how the relative could enter into a kinship guardianship agreement with the department.

(1) That the juvenile has been or is being removed from the parent;

(2) The option to participate in the: (A) Care of the child; (B) Placement with the child; and (C) Visitation with the child;

(A) Care of the child;

(B) Placement with the child; and

(C) Visitation with the child;

(3) That failure to respond to the notice may result in loss of options listed under subdivision (d)(2) of this section;

(4) The requirements to become a provisional foster home and the additional services and supports that are available for children in a foster home; and

(5) That if kinship guardianship is available, how the relative could enter into a kinship guardianship agreement with the department.

(e) The department may provide notice of a juvenile transferred to the custody of the department to persons who have a strong, positive emotional tie to the juvenile and have a positive role in the juvenile's life but are not related by blood, adoption, or marriage.

(f) (1) As used in this section, a "sibling" includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights. (2) This section shall not be construed as subordinating the rights of foster or adoptive parents of a child to the rights of the parents of a sibling of that child.

(1) As used in this section, a "sibling" includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights.

(2) This section shall not be construed as subordinating the rights of foster or adoptive parents of a child to the rights of the parents of a sibling of that child.

Amended by Act 2015, No. 1038,§ 5, eff. 4/4/2015

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

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-19-306 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-306
Enforcement of registered determination
Status: in_force

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state. (b) A court of this state shall recognize and enforce, but may not modify, except in accordance with subchapter 2 of this chapter, a registered child-custody determination of a court of another state. Acts 1999, No. 668, § 306

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.

(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with subchapter 2 of this chapter, a registered child-custody determination of a court of another state.

Acts 1999, No. 668, § 306
Ark. Code Ann. § 9-26-306 — AR Code / Title 9 / Chapter 26 / Subchapter 3 / Section 9-26-306
Severability
Status: in_force

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. Acts 1963, No. 530, § 6; A.S.A. 1947, § 50-925n

If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable.

Acts 1963, No. 530, § 6; A.S.A. 1947, § 50-925n
Ark. Code Ann. § 9-11-516 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-516
Doctrine of necessaries - Abolished
Status: in_force

(a) (1) Absent express authority, neither a husband nor a wife is liable for the other's debt obligations, including those for necessaries. (2) As used in this section, "necessaries" means all such things required for the sustenance of a person, including food, clothing, medicine, and habitation. (b) The doctrine of necessaries, as it is known in the common law, is hereby abolished. Acts 2011, No. 1183, § 1

(a) (1) Absent express authority, neither a husband nor a wife is liable for the other's debt obligations, including those for necessaries. (2) As used in this section, "necessaries" means all such things required for the sustenance of a person, including food, clothing, medicine, and habitation.

(1) Absent express authority, neither a husband nor a wife is liable for the other's debt obligations, including those for necessaries.

(2) As used in this section, "necessaries" means all such things required for the sustenance of a person, including food, clothing, medicine, and habitation.

(b) The doctrine of necessaries, as it is known in the common law, is hereby abolished.

Acts 2011, No. 1183, § 1
Ark. Code Ann. § 9-12-313 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-313
Enforcement of separation agreements and decrees of court
Status: in_force

Courts of equity may enforce the performance of written agreements between husband and wife made and entered into in contemplation of either separation or divorce and decrees or orders for alimony and maintenance by sequestration of the property of either party, or that of his or her sureties, or by such other lawful ways and means, including equitable garnishments or contempt proceedings, as are in conformity with rules and practices of courts of equity. Rev. Stat., ch. 51, § 11; C. & M. Dig., § 3509; Pope's Dig., § 4391; Acts 1941, No. 290, § 1; 1979, No. 705, § 4; A.S.A. 1947, § 34-1212

Courts of equity may enforce the performance of written agreements between husband and wife made and entered into in contemplation of either separation or divorce and decrees or orders for alimony and maintenance by sequestration of the property of either party, or that of his or her sureties, or by such other lawful ways and means, including equitable garnishments or contempt proceedings, as are in conformity with rules and practices of courts of equity.

Rev. Stat., ch. 51, § 11; C. & M. Dig., § 3509; Pope's Dig., § 4391; Acts 1941, No. 290, § 1; 1979, No. 705, § 4; A.S.A. 1947, § 34-1212
Ark. Code Ann. § 9-16-105 — AR Code / Title 9 / Chapter 16 / Section 9-16-105
Provision of services by contract
Status: in_force

(a) The Division of Children and Family Services of the Department of Human Services may provide family preservation services directly or may contract with a private, nonprofit social service agency or qualified individual to provide such services. (b) In the event a nonprofit social service agency or qualified individual is contracted by the Department of Human Services, to provide family preservation services, the contract shall include requirements for: (1) Provider acceptance of any client referred by the department for family preservation services; (2) Limitation of caseload; (3) Availability of twenty-four-hour crises intervention services to families served by the program; (4) Completion of the required training curriculum for family preservation services; and (5) Provision of and conduct of an internal program evaluation and cooperation with an external evaluation as directed by the division. Acts 1991, No. 1025, § 5; 2001, No. 906, § 4

(a) The Division of Children and Family Services of the Department of Human Services may provide family preservation services directly or may contract with a private, nonprofit social service agency or qualified individual to provide such services.

(b) In the event a nonprofit social service agency or qualified individual is contracted by the Department of Human Services, to provide family preservation services, the contract shall include requirements for: (1) Provider acceptance of any client referred by the department for family preservation services; (2) Limitation of caseload; (3) Availability of twenty-four-hour crises intervention services to families served by the program; (4) Completion of the required training curriculum for family preservation services; and (5) Provision of and conduct of an internal program evaluation and cooperation with an external evaluation as directed by the division.

(1) Provider acceptance of any client referred by the department for family preservation services;

(2) Limitation of caseload;

(3) Availability of twenty-four-hour crises intervention services to families served by the program;

(4) Completion of the required training curriculum for family preservation services; and

(5) Provision of and conduct of an internal program evaluation and cooperation with an external evaluation as directed by the division.

Acts 1991, No. 1025, § 5; 2001, No. 906, § 4
Ark. Code Ann. § 9-11-702 — AR Code / Title 9 / Chapter 11 / Subchapter 7 / Section 9-11-702
Marriages performed by mayors
Status: in_force

All marriage ceremonies performed by mayors in the State of Arkansas prior to June 12, 1947, are declared to be valid. Acts 1947, No. 231, § 2; A.S.A. 1947, § 55-216n

All marriage ceremonies performed by mayors in the State of Arkansas prior to June 12, 1947, are declared to be valid.

Acts 1947, No. 231, § 2; A.S.A. 1947, § 55-216n
Ark. Code Ann. § 9-34-203 — AR Code / Title 9 / Chapter 34 / Subchapter 2 / Section 9-34-203
Care of the child and permanency plan
Status: in_force

(a) Upon delivery of the child to a medical provider, law enforcement agency, or fire department, the law enforcement officer, an appropriate employee of the fire department, or an appropriate employee of the hospital shall take the child into protective custody for seventy-two (72) hours under the Child Maltreatment Act, § 12-18-101 et seq. (b) (1) The law enforcement officer, employee of the fire department, or employee of the hospital shall immediately notify the Division of Children and Family Services, which shall initiate a dependency-neglect petition under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and shall proceed under § 9-27-341 . (2) (A) Within fourteen (14) days of filing a dependency-neglect petition, the Department of Human Services shall publish a notification by warning order in a newspaper having general circulation in the county where the proceeding was filed one (1) time a week for four (4) weeks. (B) The notification shall contain: (i) The caption of the pleadings in the dependency-neglect case; (ii) The location where the child was delivered; (iii) The date the child was delivered; and (iv) Notice that a dependency-neglect proceeding has been filed, and that any parent claiming rights to the child must file a responsive pleading or motion and appear before the court hearing the case to defend the parent's claim within thirty (30) days from the date of last publication. (C) If the identity of a parent or child is released or made known to the Department of Human Services in violation of § 9-34-202(b)(2) , the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section. (D) If no responsive pleadings are filed by the parent within thirty (30) days from the date of last publication and there are prospective adoptive parents seeking to adopt the child, the Department of Human Services may proceed with the filing of an adoption petition without further notice. Amended by Act 2023, No. 348,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 185,§ 4, eff. 7/24/2019. Acts 2001, No. 236, § 1; 2009, No. 758, § 18

(a) Upon delivery of the child to a medical provider, law enforcement agency, or fire department, the law enforcement officer, an appropriate employee of the fire department, or an appropriate employee of the hospital shall take the child into protective custody for seventy-two (72) hours under the Child Maltreatment Act, § 12-18-101 et seq.

(b) (1) The law enforcement officer, employee of the fire department, or employee of the hospital shall immediately notify the Division of Children and Family Services, which shall initiate a dependency-neglect petition under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and shall proceed under § 9-27-341 . (2) (A) Within fourteen (14) days of filing a dependency-neglect petition, the Department of Human Services shall publish a notification by warning order in a newspaper having general circulation in the county where the proceeding was filed one (1) time a week for four (4) weeks. (B) The notification shall contain: (i) The caption of the pleadings in the dependency-neglect case; (ii) The location where the child was delivered; (iii) The date the child was delivered; and (iv) Notice that a dependency-neglect proceeding has been filed, and that any parent claiming rights to the child must file a responsive pleading or motion and appear before the court hearing the case to defend the parent's claim within thirty (30) days from the date of last publication. (C) If the identity of a parent or child is released or made known to the Department of Human Services in violation of § 9-34-202(b)(2) , the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section. (D) If no responsive pleadings are filed by the parent within thirty (30) days from the date of last publication and there are prospective adoptive parents seeking to adopt the child, the Department of Human Services may proceed with the filing of an adoption petition without further notice.

(1) The law enforcement officer, employee of the fire department, or employee of the hospital shall immediately notify the Division of Children and Family Services, which shall initiate a dependency-neglect petition under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., and shall proceed under § 9-27-341 .

(2) (A) Within fourteen (14) days of filing a dependency-neglect petition, the Department of Human Services shall publish a notification by warning order in a newspaper having general circulation in the county where the proceeding was filed one (1) time a week for four (4) weeks. (B) The notification shall contain: (i) The caption of the pleadings in the dependency-neglect case; (ii) The location where the child was delivered; (iii) The date the child was delivered; and (iv) Notice that a dependency-neglect proceeding has been filed, and that any parent claiming rights to the child must file a responsive pleading or motion and appear before the court hearing the case to defend the parent's claim within thirty (30) days from the date of last publication. (C) If the identity of a parent or child is released or made known to the Department of Human Services in violation of § 9-34-202(b)(2) , the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section. (D) If no responsive pleadings are filed by the parent within thirty (30) days from the date of last publication and there are prospective adoptive parents seeking to adopt the child, the Department of Human Services may proceed with the filing of an adoption petition without further notice.

(A) Within fourteen (14) days of filing a dependency-neglect petition, the Department of Human Services shall publish a notification by warning order in a newspaper having general circulation in the county where the proceeding was filed one (1) time a week for four (4) weeks.

(B) The notification shall contain: (i) The caption of the pleadings in the dependency-neglect case; (ii) The location where the child was delivered; (iii) The date the child was delivered; and (iv) Notice that a dependency-neglect proceeding has been filed, and that any parent claiming rights to the child must file a responsive pleading or motion and appear before the court hearing the case to defend the parent's claim within thirty (30) days from the date of last publication.

(i) The caption of the pleadings in the dependency-neglect case;

(ii) The location where the child was delivered;

(iii) The date the child was delivered; and

(iv) Notice that a dependency-neglect proceeding has been filed, and that any parent claiming rights to the child must file a responsive pleading or motion and appear before the court hearing the case to defend the parent's claim within thirty (30) days from the date of last publication.

(C) If the identity of a parent or child is released or made known to the Department of Human Services in violation of § 9-34-202(b)(2) , the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section.

(D) If no responsive pleadings are filed by the parent within thirty (30) days from the date of last publication and there are prospective adoptive parents seeking to adopt the child, the Department of Human Services may proceed with the filing of an adoption petition without further notice.

Amended by Act 2023, No. 348,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 185,§ 4, eff. 7/24/2019.

Acts 2001, No. 236, § 1; 2009, No. 758, § 18
Ark. Code Ann. § 9-3-112 — AR Code / Title 9 / Chapter 3 / Section 9-3-112
Public notice of petition and final hearing
Status: in_force

Immediately after filing of the petition, the clerk of the court shall give notice thereof by posting in a public and conspicuous place in his or her office or in the building in which the clerk's office is situated, under an appropriate heading, the name, residence, the state in which the petitioner formerly resided, the date and place of residence in Arkansas, the tentative date for final hearing of his or her petition, and the names of the witnesses whom the applicant expects to summon in his or her behalf. Acts 1941, No. 355, § 16; A.S.A. 1947, § 34-1315

Immediately after filing of the petition, the clerk of the court shall give notice thereof by posting in a public and conspicuous place in his or her office or in the building in which the clerk's office is situated, under an appropriate heading, the name, residence, the state in which the petitioner formerly resided, the date and place of residence in Arkansas, the tentative date for final hearing of his or her petition, and the names of the witnesses whom the applicant expects to summon in his or her behalf.

Acts 1941, No. 355, § 16; A.S.A. 1947, § 34-1315
Ark. Code Ann. § 9-13-110 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-110
Parents who are members of armed forces - Definitions
Status: in_force

(a) As used in this section: (1) "Armed forces" means the National Guard and the reserve components of the armed forces, the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, the United States Air Force, and any other branch of the military and naval forces or auxiliaries of the United States or Arkansas; and (2) "Mobilized parent" means a parent who: (A) Is a member of the armed forces; and (B) Is called to active duty or receives orders for duty that is outside the state or country. (b) A court shall not permanently modify an order for child custody or visitation solely on the basis that one (1) of the parents is a mobilized parent. (c) (1) A court of competent jurisdiction shall determine whether a temporary modification to an order for child custody or visitation is appropriate for a child or children of a mobilized parent. (2) The determination under this subsection (c) includes consideration of any and all circumstances that are necessary to maximize the mobilized parent's time and contact with his or her child that is consistent with the best interest of the child, including without limitation: (A) The ordered length of the mobilized parent's call to active duty; (B) The mobilized parent's duty station or stations; (C) The opportunity that the mobilized parent will have for contact with the child through a leave, a pass, or other authorized absence from duty; (D) The contact that the mobilized parent has had with the child before the call to active military duty; (E) The nature of the military mission, if known; and (F) Any other factor that the court deems appropriate under the circumstances. (d) This section shall not limit the power of a court of competent jurisdiction to permanently modify an order of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice regardless of whether the parent volunteered for permanent military duty while a member of the armed forces. Acts 2007, No. 301, § 1

(a) As used in this section: (1) "Armed forces" means the National Guard and the reserve components of the armed forces, the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, the United States Air Force, and any other branch of the military and naval forces or auxiliaries of the United States or Arkansas; and (2) "Mobilized parent" means a parent who: (A) Is a member of the armed forces; and (B) Is called to active duty or receives orders for duty that is outside the state or country.

(1) "Armed forces" means the National Guard and the reserve components of the armed forces, the United States Army, the United States Navy, the United States Marine Corps, the United States Coast Guard, the United States Air Force, and any other branch of the military and naval forces or auxiliaries of the United States or Arkansas; and

(2) "Mobilized parent" means a parent who: (A) Is a member of the armed forces; and (B) Is called to active duty or receives orders for duty that is outside the state or country.

(A) Is a member of the armed forces; and

(B) Is called to active duty or receives orders for duty that is outside the state or country.

(b) A court shall not permanently modify an order for child custody or visitation solely on the basis that one (1) of the parents is a mobilized parent.

(c) (1) A court of competent jurisdiction shall determine whether a temporary modification to an order for child custody or visitation is appropriate for a child or children of a mobilized parent. (2) The determination under this subsection (c) includes consideration of any and all circumstances that are necessary to maximize the mobilized parent's time and contact with his or her child that is consistent with the best interest of the child, including without limitation: (A) The ordered length of the mobilized parent's call to active duty; (B) The mobilized parent's duty station or stations; (C) The opportunity that the mobilized parent will have for contact with the child through a leave, a pass, or other authorized absence from duty; (D) The contact that the mobilized parent has had with the child before the call to active military duty; (E) The nature of the military mission, if known; and (F) Any other factor that the court deems appropriate under the circumstances.

(1) A court of competent jurisdiction shall determine whether a temporary modification to an order for child custody or visitation is appropriate for a child or children of a mobilized parent.

(2) The determination under this subsection (c) includes consideration of any and all circumstances that are necessary to maximize the mobilized parent's time and contact with his or her child that is consistent with the best interest of the child, including without limitation: (A) The ordered length of the mobilized parent's call to active duty; (B) The mobilized parent's duty station or stations; (C) The opportunity that the mobilized parent will have for contact with the child through a leave, a pass, or other authorized absence from duty; (D) The contact that the mobilized parent has had with the child before the call to active military duty; (E) The nature of the military mission, if known; and (F) Any other factor that the court deems appropriate under the circumstances.

(A) The ordered length of the mobilized parent's call to active duty;

(B) The mobilized parent's duty station or stations;

(C) The opportunity that the mobilized parent will have for contact with the child through a leave, a pass, or other authorized absence from duty;

(D) The contact that the mobilized parent has had with the child before the call to active military duty;

(E) The nature of the military mission, if known; and

(F) Any other factor that the court deems appropriate under the circumstances.

(d) This section shall not limit the power of a court of competent jurisdiction to permanently modify an order of child custody or visitation in the event that a parent volunteers for permanent military duty as a career choice regardless of whether the parent volunteered for permanent military duty while a member of the armed forces.

Acts 2007, No. 301, § 1
Ark. Code Ann. § 9-27-321 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-321
Statements not admissible
Status: in_force

Statements made by a juvenile to the intake officer or probation officer during the intake process before a hearing on the merits of the petition filed against the juvenile shall not be used or be admissible against the juvenile at any stage of any proceedings in circuit court or in any other court. Acts 1989, No. 273, § 20; 2003, No. 1166, § 12

Statements made by a juvenile to the intake officer or probation officer during the intake process before a hearing on the merits of the petition filed against the juvenile shall not be used or be admissible against the juvenile at any stage of any proceedings in circuit court or in any other court.

Acts 1989, No. 273, § 20; 2003, No. 1166, § 12
Ark. Code Ann. § 9-14-513 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-513
Employer bound by court order until further notice
Status: in_force

A payor who has been notified of an order of income withholding for healthcare coverage shall be bound by the order until further notice by the court or its representative. Acts 1991, No. 368, § 13

A payor who has been notified of an order of income withholding for healthcare coverage shall be bound by the order until further notice by the court or its representative.

Acts 1991, No. 368, § 13
Ark. Code Ann. § 9-27-364 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-364
Division of Youth Services aftercare
Status: in_force

(a) (1) After an adjudication of delinquency and upon commitment to the Division of Youth Services, the court may order compliance with a division aftercare plan upon a juvenile's release from the division, if recommended as part of the treatment plan submitted to the court. (2) The division or its designee shall provide the terms and conditions of the aftercare plan in writing to the juvenile before the juvenile's release from the division. (3) The division or its designee shall provide the aftercare terms and conditions to the juvenile's attorney and the juvenile's legal parent, guardian, or custodian by the division or its designee, the prosecutor, and the committing court before the juvenile's release from the division. (4) The division or its designee shall explain the terms of the aftercare plan to the juvenile and his or her legal parent, guardian, or custodian before the juvenile's release from the division. (b) (1) Any violation of an aftercare term may be reported to the prosecuting attorney, who may initiate a petition in the committing court for violation of the aftercare plan. (2) The Department of Human Services may also initiate a petition for a violation with the committing court. (c) The petition shall contain specific factual allegations constituting each violation of the aftercare plan and shall be served upon the juvenile, his or her attorney, his or her parent, guardian, or custodian, and the prosecuting attorney if filed by the department. (d) A hearing shall be set within a reasonable time after the filing of the petition or within fourteen (14) days if the juvenile has been detained as a result of the filing of the petition for the aftercare violation. (e) If the court finds by a preponderance of the evidence that the juvenile violated the terms of the aftercare plan, the court may: (1) Extend the terms of the aftercare plan, if requested by the division; (2) Impose additional conditions to the aftercare plan, if requested by the division; or (3) Make any disposition that could have been made at the time commitment was ordered under § 9-27-330 . Acts 2009, No. 956, § 25

(a) (1) After an adjudication of delinquency and upon commitment to the Division of Youth Services, the court may order compliance with a division aftercare plan upon a juvenile's release from the division, if recommended as part of the treatment plan submitted to the court. (2) The division or its designee shall provide the terms and conditions of the aftercare plan in writing to the juvenile before the juvenile's release from the division. (3) The division or its designee shall provide the aftercare terms and conditions to the juvenile's attorney and the juvenile's legal parent, guardian, or custodian by the division or its designee, the prosecutor, and the committing court before the juvenile's release from the division. (4) The division or its designee shall explain the terms of the aftercare plan to the juvenile and his or her legal parent, guardian, or custodian before the juvenile's release from the division.

(1) After an adjudication of delinquency and upon commitment to the Division of Youth Services, the court may order compliance with a division aftercare plan upon a juvenile's release from the division, if recommended as part of the treatment plan submitted to the court.

(2) The division or its designee shall provide the terms and conditions of the aftercare plan in writing to the juvenile before the juvenile's release from the division.

(3) The division or its designee shall provide the aftercare terms and conditions to the juvenile's attorney and the juvenile's legal parent, guardian, or custodian by the division or its designee, the prosecutor, and the committing court before the juvenile's release from the division.

(4) The division or its designee shall explain the terms of the aftercare plan to the juvenile and his or her legal parent, guardian, or custodian before the juvenile's release from the division.

(b) (1) Any violation of an aftercare term may be reported to the prosecuting attorney, who may initiate a petition in the committing court for violation of the aftercare plan. (2) The Department of Human Services may also initiate a petition for a violation with the committing court.

(1) Any violation of an aftercare term may be reported to the prosecuting attorney, who may initiate a petition in the committing court for violation of the aftercare plan.

(2) The Department of Human Services may also initiate a petition for a violation with the committing court.

(c) The petition shall contain specific factual allegations constituting each violation of the aftercare plan and shall be served upon the juvenile, his or her attorney, his or her parent, guardian, or custodian, and the prosecuting attorney if filed by the department.

(d) A hearing shall be set within a reasonable time after the filing of the petition or within fourteen (14) days if the juvenile has been detained as a result of the filing of the petition for the aftercare violation.

(e) If the court finds by a preponderance of the evidence that the juvenile violated the terms of the aftercare plan, the court may: (1) Extend the terms of the aftercare plan, if requested by the division; (2) Impose additional conditions to the aftercare plan, if requested by the division; or (3) Make any disposition that could have been made at the time commitment was ordered under § 9-27-330 .

(1) Extend the terms of the aftercare plan, if requested by the division;

(2) Impose additional conditions to the aftercare plan, if requested by the division; or

(3) Make any disposition that could have been made at the time commitment was ordered under § 9-27-330 .

Acts 2009, No. 956, § 25
Ark. Code Ann. § 9-27-349 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-349
Compliance with federal acts
Status: in_force

The Division of Youth Services shall have the responsibility for the collection, review, and reporting of statistical information on detained or incarcerated juveniles, for adult jails, adult lock-ups, and juvenile detention facilities to assure compliance with the provisions of Pub. L. No. 93-415, the Juvenile Justice and Delinquency Prevention Act of 1974. Acts 1975, No. 451, § 46; A.S.A. 1947, § 45-446; Acts 1989, No. 430, § 1; 1989, No. 514, § 1; 2007, No. 587, § 24

The Division of Youth Services shall have the responsibility for the collection, review, and reporting of statistical information on detained or incarcerated juveniles, for adult jails, adult lock-ups, and juvenile detention facilities to assure compliance with the provisions of Pub. L. No. 93-415, the Juvenile Justice and Delinquency Prevention Act of 1974.

Acts 1975, No. 451, § 46; A.S.A. 1947, § 45-446; Acts 1989, No. 430, § 1; 1989, No. 514, § 1; 2007, No. 587, § 24
Ark. Code Ann. § 9-29-206 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-206
Agreements concerning visitation or supervision
Status: in_force

Any requirements for visitation, inspection or supervision of children, homes, institutions, or other agencies in another party state which may apply under this subchapter or as required by any court of record of this state shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Acts 1979, No. 677, § 6; A.S.A. 1947, § 83-1206

Any requirements for visitation, inspection or supervision of children, homes, institutions, or other agencies in another party state which may apply under this subchapter or as required by any court of record of this state shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article V of the Interstate Compact on the Placement of Children.

Acts 1979, No. 677, § 6; A.S.A. 1947, § 83-1206
Ark. Code Ann. § 9-26-223 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-223
Uniformity of application and construction
Status: in_force

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it. Acts 1985, No. 476, § 23; A.S.A. 1947, § 50-956

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting it.

Acts 1985, No. 476, § 23; A.S.A. 1947, § 50-956
Ark. Code Ann. § 9-19-301 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-301
Definitions
Status: in_force

In this subchapter: (1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. (2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. Acts 1999, No. 668, § 301

In this subchapter:

(1) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.

(2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.

Acts 1999, No. 668, § 301
Ark. Code Ann. § 9-3-107 — AR Code / Title 9 / Chapter 3 / Section 9-3-107
Sex or marital status not a bar
Status: in_force

The right of any citizen of the United States to become a resident domiciled in the State of Arkansas shall not be denied or abridged because of sex or marital status. Acts 1941, No. 355, § 7; A.S.A. 1947, § 34-1307

The right of any citizen of the United States to become a resident domiciled in the State of Arkansas shall not be denied or abridged because of sex or marital status.

Acts 1941, No. 355, § 7; A.S.A. 1947, § 34-1307
Ark. Code Ann. § 9-11-515 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-515
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 7, eff. 8/16/2013 Acts 1893, No. 21, § 2, p. 38; C. & M. Dig., § 5578; Pope's Dig., § 7228; A.S.A. 1947, § 55-403

Repealed by Act 2013, No. 1152,§ 7, eff. 8/16/2013

Acts 1893, No. 21, § 2, p. 38; C. & M. Dig., § 5578; Pope's Dig., § 7228; A.S.A. 1947, § 55-403
Ark. Code Ann. § 9-11-210 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-210
Bond of applicant
Status: in_force

(a) Any person applying for a license under the provisions of this act shall be required to enter into bond to the State of Arkansas in the penal sum of one hundred dollars ($100) for the use of and benefit of the general fund of the county to ensure that the parties applying have a lawful right to the license and that they will faithfully carry into effect and comply with the provisions of this act. (b) The bond shall be void when the license is duly returned to the office of the county clerk, duly executed and officially signed by someone authorized by law to solemnize the rites of matrimony. Acts 1875, No. 127, § 4, p. 260; C. & M. Dig., § 7061; Pope's Dig., § 9043; Acts 1983, No. 419, § 1; A.S.A. 1947, § 55-213; Acts 1999, No. 1540, § 1

(a) Any person applying for a license under the provisions of this act shall be required to enter into bond to the State of Arkansas in the penal sum of one hundred dollars ($100) for the use of and benefit of the general fund of the county to ensure that the parties applying have a lawful right to the license and that they will faithfully carry into effect and comply with the provisions of this act.

(b) The bond shall be void when the license is duly returned to the office of the county clerk, duly executed and officially signed by someone authorized by law to solemnize the rites of matrimony.

Acts 1875, No. 127, § 4, p. 260; C. & M. Dig., § 7061; Pope's Dig., § 9043; Acts 1983, No. 419, § 1; A.S.A. 1947, § 55-213; Acts 1999, No. 1540, § 1
Ark. Code Ann. § 9-27-359 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-359
Fifteenth-month review hearing
Status: in_force

(a) A hearing shall be held to determine whether the Department of Human Services shall file a petition to terminate parental rights if: (1) A juvenile has been in an out-of-home placement for fifteen (15) continuous months, excluding trial placements and time on runaway status; and (2) The goal at the permanency planning hearing was either reunification or Another Planned Permanent Living Arrangement (APPLA). (b) The circuit court shall authorize the department to file a petition to terminate parental rights unless: (1) (A) (i) The child is being cared for by a relative or relatives; (ii) Termination of parental rights is not in the best interest of the child; (iii) The relative has made a long-term commitment to the child; and (iv) The relative is willing to pursue adoption, guardianship, or permanent custody of the juvenile; or (B) (i) The child is being cared for by his or her parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the child; (2) (A) The department has documented in the case plan a compelling reason why filing a petition is not in the best interest of the child; and (B) The court approves the compelling reason as documented in the case plan; or (3) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services the department deemed necessary for the safe return of the child to the child's home if reunification services were required to be made to the family. (c) If the court determines the permanency goal to be adoption, the department shall file a petition to terminate parental rights no later than the fifteenth month of the child's entry into foster care. (d) If the court finds that the juvenile should remain in an out-of-home placement, either long-term or otherwise, the juvenile's case shall be reviewed every six (6) months, with an annual permanency planning hearing. (e) A written order shall be filed by the court or by a party or party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. Amended by Act 2013, No. 1055,§ 14, eff. 8/16/2013 Acts 2005, No. 1191, § 5; 2011, No. 793, § 8; 2011, No. 1175, § 10

(a) A hearing shall be held to determine whether the Department of Human Services shall file a petition to terminate parental rights if: (1) A juvenile has been in an out-of-home placement for fifteen (15) continuous months, excluding trial placements and time on runaway status; and (2) The goal at the permanency planning hearing was either reunification or Another Planned Permanent Living Arrangement (APPLA).

(1) A juvenile has been in an out-of-home placement for fifteen (15) continuous months, excluding trial placements and time on runaway status; and

(2) The goal at the permanency planning hearing was either reunification or Another Planned Permanent Living Arrangement (APPLA).

(b) The circuit court shall authorize the department to file a petition to terminate parental rights unless: (1) (A) (i) The child is being cared for by a relative or relatives; (ii) Termination of parental rights is not in the best interest of the child; (iii) The relative has made a long-term commitment to the child; and (iv) The relative is willing to pursue adoption, guardianship, or permanent custody of the juvenile; or (B) (i) The child is being cared for by his or her parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the child; (2) (A) The department has documented in the case plan a compelling reason why filing a petition is not in the best interest of the child; and (B) The court approves the compelling reason as documented in the case plan; or (3) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services the department deemed necessary for the safe return of the child to the child's home if reunification services were required to be made to the family.

(1) (A) (i) The child is being cared for by a relative or relatives; (ii) Termination of parental rights is not in the best interest of the child; (iii) The relative has made a long-term commitment to the child; and (iv) The relative is willing to pursue adoption, guardianship, or permanent custody of the juvenile; or (B) (i) The child is being cared for by his or her parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the child;

(A) (i) The child is being cared for by a relative or relatives; (ii) Termination of parental rights is not in the best interest of the child; (iii) The relative has made a long-term commitment to the child; and (iv) The relative is willing to pursue adoption, guardianship, or permanent custody of the juvenile; or

(i) The child is being cared for by a relative or relatives;

(ii) Termination of parental rights is not in the best interest of the child;

(iii) The relative has made a long-term commitment to the child; and

(iv) The relative is willing to pursue adoption, guardianship, or permanent custody of the juvenile; or

(B) (i) The child is being cared for by his or her parent who is in foster care; and (ii) Termination of parental rights is not in the best interest of the child;

(i) The child is being cared for by his or her parent who is in foster care; and

(ii) Termination of parental rights is not in the best interest of the child;

(2) (A) The department has documented in the case plan a compelling reason why filing a petition is not in the best interest of the child; and (B) The court approves the compelling reason as documented in the case plan; or

(A) The department has documented in the case plan a compelling reason why filing a petition is not in the best interest of the child; and

(B) The court approves the compelling reason as documented in the case plan; or

(3) The department has not provided to the family of the juvenile, consistent with the time period in the case plan, the services the department deemed necessary for the safe return of the child to the child's home if reunification services were required to be made to the family.

(c) If the court determines the permanency goal to be adoption, the department shall file a petition to terminate parental rights no later than the fifteenth month of the child's entry into foster care.

(d) If the court finds that the juvenile should remain in an out-of-home placement, either long-term or otherwise, the juvenile's case shall be reviewed every six (6) months, with an annual permanency planning hearing.

(e) A written order shall be filed by the court or by a party or party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

Amended by Act 2013, No. 1055,§ 14, eff. 8/16/2013

Acts 2005, No. 1191, § 5; 2011, No. 793, § 8; 2011, No. 1175, § 10
Ark. Code Ann. § 9-15-401 — AR Code / Title 9 / Chapter 15 / Subchapter 4 / Section 9-15-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Spousal Abuse Safety Plan Act". Acts 2007, No. 1414, § 1

This subchapter shall be known and may be cited as the "Spousal Abuse Safety Plan Act".

Acts 2007, No. 1414, § 1
Ark. Code Ann. § 9-15-208 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-208
Law enforcement assistance
Status: in_force

(a) When an order of protection is issued under this chapter, upon request of the petitioner the circuit court may order a law enforcement officer with jurisdiction to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence or to otherwise assist in execution or service of the order of protection. (b) The court may also order a law enforcement officer to assist the petitioner in returning to the residence and getting personal effects. Amended by Act 2017, No. 251,§ 1, eff. 8/1/2017 Acts 1991, No. 266, § 7; 1999, No. 1551, § 5

(a) When an order of protection is issued under this chapter, upon request of the petitioner the circuit court may order a law enforcement officer with jurisdiction to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence or to otherwise assist in execution or service of the order of protection.

(b) The court may also order a law enforcement officer to assist the petitioner in returning to the residence and getting personal effects.

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

Acts 1991, No. 266, § 7; 1999, No. 1551, § 5
Ark. Code Ann. § 9-28-206 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-206
Disposition of delinquent juvenile
Status: in_force

(a) When a circuit court or any other court having jurisdiction of a juvenile under eighteen (18) years of age finds a juvenile to be delinquent as defined by the laws of this state, the court may commit the juvenile to the Division of Youth Services for an indeterminate period not to exceed the twenty-first birthday of the juvenile. (b) No court may commit a juvenile found solely in criminal contempt to the division. Acts 1995, No. 1261, § 6; 1999, No. 1192, § 21; 2005, No. 192, § 1

(a) When a circuit court or any other court having jurisdiction of a juvenile under eighteen (18) years of age finds a juvenile to be delinquent as defined by the laws of this state, the court may commit the juvenile to the Division of Youth Services for an indeterminate period not to exceed the twenty-first birthday of the juvenile.

(b) No court may commit a juvenile found solely in criminal contempt to the division.

Acts 1995, No. 1261, § 6; 1999, No. 1192, § 21; 2005, No. 192, § 1
Ark. Code Ann. § 9-29-202 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-202
Role of Governor - Appointment of compact administrator
Status: in_force

As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of Article VII. Acts 1979, No. 677, § 8; A.S.A. 1947, § 83-1208

As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of Article VII.

Acts 1979, No. 677, § 8; A.S.A. 1947, § 83-1208
Ark. Code Ann. § 9-3-111 — AR Code / Title 9 / Chapter 3 / Section 9-3-111
Petition for domicile
Status: in_force

(a) (1) Not less than ninety (90) days nor more than two (2) years after a declaration of intention has been made, the person shall make and file in duplicate a petition in writing. (2) The petition shall be signed by the applicant in his or her own handwriting and duly verified. (b) (1) (A) In the petition, the applicant shall state his or her full name, place of residence, street number if possible, occupation, the date and place of birth, the state where he or she last resided, the date and place of his or her first address within this state, and the time when and place and name of the court where he or she declared an intention to become a resident domiciled in the State of Arkansas. (B) If the applicant is married, he or she shall state the name of his or her spouse and, if possible, the spouse's place of residence at the time of filing the petition. (C) If the applicant has children, he or she shall state the name, date, and place of birth, and place of residence of each child living at the time of filing the petition. (2) (A) The petition shall set forth that it is his or her intention to become a resident domiciled in the State of Arkansas, that he or she renounces absolutely domicile in the state in which he or she last resided or was domiciled, and that it is his or her intention to reside permanently in the State of Arkansas. (B) The petition shall set forth whether he or she has been denied admission as a resident domiciled in the State of Arkansas and, if so, the ground or grounds of the denial, the court in which such decision was rendered, and that the cause for the denial has since been cured or removed and shall set forth every fact material to becoming a resident domiciled in the State of Arkansas and required to be proved upon the final hearing of his or her application. (c) The petition shall be verified by the affidavits of at least two (2) credible witnesses, who are citizens of the State of Arkansas and who state in their affidavits that they personally know the applicant to have been a resident of the State of Arkansas for a period of at least ninety (90) days continuously next prior to the date of filing of his or her petition and that they each have personal knowledge that the petitioner is a person of good moral character and that he or she is in every way qualified in their opinion to become and to be a resident domiciled in the State of Arkansas. (d) A petition to become a resident domiciled in the State of Arkansas may be made and filed during term time or in vacation and shall be docketed the same day as filed. (e) However, in no case shall final action be had upon a petition until at least thirty (30) days have elapsed after its filing and the posting of the notice of the petition as provided for in § 9-3-112 . Acts 1941, No. 355, §§ 13, 15; A.S.A. 1947, §§ 34-1313, 34-1314

(a) (1) Not less than ninety (90) days nor more than two (2) years after a declaration of intention has been made, the person shall make and file in duplicate a petition in writing. (2) The petition shall be signed by the applicant in his or her own handwriting and duly verified.

(1) Not less than ninety (90) days nor more than two (2) years after a declaration of intention has been made, the person shall make and file in duplicate a petition in writing.

(2) The petition shall be signed by the applicant in his or her own handwriting and duly verified.

(b) (1) (A) In the petition, the applicant shall state his or her full name, place of residence, street number if possible, occupation, the date and place of birth, the state where he or she last resided, the date and place of his or her first address within this state, and the time when and place and name of the court where he or she declared an intention to become a resident domiciled in the State of Arkansas. (B) If the applicant is married, he or she shall state the name of his or her spouse and, if possible, the spouse's place of residence at the time of filing the petition. (C) If the applicant has children, he or she shall state the name, date, and place of birth, and place of residence of each child living at the time of filing the petition. (2) (A) The petition shall set forth that it is his or her intention to become a resident domiciled in the State of Arkansas, that he or she renounces absolutely domicile in the state in which he or she last resided or was domiciled, and that it is his or her intention to reside permanently in the State of Arkansas. (B) The petition shall set forth whether he or she has been denied admission as a resident domiciled in the State of Arkansas and, if so, the ground or grounds of the denial, the court in which such decision was rendered, and that the cause for the denial has since been cured or removed and shall set forth every fact material to becoming a resident domiciled in the State of Arkansas and required to be proved upon the final hearing of his or her application.

(1) (A) In the petition, the applicant shall state his or her full name, place of residence, street number if possible, occupation, the date and place of birth, the state where he or she last resided, the date and place of his or her first address within this state, and the time when and place and name of the court where he or she declared an intention to become a resident domiciled in the State of Arkansas. (B) If the applicant is married, he or she shall state the name of his or her spouse and, if possible, the spouse's place of residence at the time of filing the petition. (C) If the applicant has children, he or she shall state the name, date, and place of birth, and place of residence of each child living at the time of filing the petition.

(A) In the petition, the applicant shall state his or her full name, place of residence, street number if possible, occupation, the date and place of birth, the state where he or she last resided, the date and place of his or her first address within this state, and the time when and place and name of the court where he or she declared an intention to become a resident domiciled in the State of Arkansas.

(B) If the applicant is married, he or she shall state the name of his or her spouse and, if possible, the spouse's place of residence at the time of filing the petition.

(C) If the applicant has children, he or she shall state the name, date, and place of birth, and place of residence of each child living at the time of filing the petition.

(2) (A) The petition shall set forth that it is his or her intention to become a resident domiciled in the State of Arkansas, that he or she renounces absolutely domicile in the state in which he or she last resided or was domiciled, and that it is his or her intention to reside permanently in the State of Arkansas. (B) The petition shall set forth whether he or she has been denied admission as a resident domiciled in the State of Arkansas and, if so, the ground or grounds of the denial, the court in which such decision was rendered, and that the cause for the denial has since been cured or removed and shall set forth every fact material to becoming a resident domiciled in the State of Arkansas and required to be proved upon the final hearing of his or her application.

(A) The petition shall set forth that it is his or her intention to become a resident domiciled in the State of Arkansas, that he or she renounces absolutely domicile in the state in which he or she last resided or was domiciled, and that it is his or her intention to reside permanently in the State of Arkansas.

(B) The petition shall set forth whether he or she has been denied admission as a resident domiciled in the State of Arkansas and, if so, the ground or grounds of the denial, the court in which such decision was rendered, and that the cause for the denial has since been cured or removed and shall set forth every fact material to becoming a resident domiciled in the State of Arkansas and required to be proved upon the final hearing of his or her application.

(c) The petition shall be verified by the affidavits of at least two (2) credible witnesses, who are citizens of the State of Arkansas and who state in their affidavits that they personally know the applicant to have been a resident of the State of Arkansas for a period of at least ninety (90) days continuously next prior to the date of filing of his or her petition and that they each have personal knowledge that the petitioner is a person of good moral character and that he or she is in every way qualified in their opinion to become and to be a resident domiciled in the State of Arkansas.

(d) A petition to become a resident domiciled in the State of Arkansas may be made and filed during term time or in vacation and shall be docketed the same day as filed.

(e) However, in no case shall final action be had upon a petition until at least thirty (30) days have elapsed after its filing and the posting of the notice of the petition as provided for in § 9-3-112 .

Acts 1941, No. 355, §§ 13, 15; A.S.A. 1947, §§ 34-1313, 34-1314
Ark. Code Ann. § 9-27-803 — AR Code / Title 9 / Chapter 27 / Subchapter 8 / Section 9-27-803
Family treatment specialty court - Program authorized - Evaluation - Restriction on services and treatment
Status: in_force

(a) A family treatment specialty court is a specialized court within the existing structure of the court system. (b) A circuit court may establish a family treatment specialty court program for families involved in a dependency-neglect proceeding in the juvenile division of circuit court subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14. (c) The goals of the family treatment specialty court program should be consistent with the Family Treatment Court Best Practice Standards as adopted by the Center for Children and Family Futures and the National Association of Drug Court Professionals, as they existed on January 1, 2023, with the exception that all team members shall have input on the procedures, policies, and goals of each family treatment court matter depending on the resources available. (d) A family treatment specialty court program authorized under this subchapter is subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 . (e) (1) Services ordered by a family treatment specialty court program shall be supplemental to the services provided by the Department of Human Services, including without limitation: (A) Cash assistance and family services authorized under § 9-27-303 ; and (B) Other dispositions authorized under § 9-27-334 . (2) A family treatment specialty court must comply with § 9-27-335 before ordering services. (3) Notwithstanding subdivision (e)(2) of this section, a family treatment specialty court may still order services if: (A) The provider waives payment; (B) The family treatment specialty court program participant has private insurance that will pay for the services; (C) An administrative and programmatic appropriation has been made for the services; or (D) Administrative and programmatic funding is available for the services. (4) The department shall not be ordered to arrange or pay for supplemental services without the consent of the department. Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.

(a) A family treatment specialty court is a specialized court within the existing structure of the court system.

(b) A circuit court may establish a family treatment specialty court program for families involved in a dependency-neglect proceeding in the juvenile division of circuit court subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14.

(c) The goals of the family treatment specialty court program should be consistent with the Family Treatment Court Best Practice Standards as adopted by the Center for Children and Family Futures and the National Association of Drug Court Professionals, as they existed on January 1, 2023, with the exception that all team members shall have input on the procedures, policies, and goals of each family treatment court matter depending on the resources available.

(d) A family treatment specialty court program authorized under this subchapter is subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139 .

(e) (1) Services ordered by a family treatment specialty court program shall be supplemental to the services provided by the Department of Human Services, including without limitation: (A) Cash assistance and family services authorized under § 9-27-303 ; and (B) Other dispositions authorized under § 9-27-334 . (2) A family treatment specialty court must comply with § 9-27-335 before ordering services. (3) Notwithstanding subdivision (e)(2) of this section, a family treatment specialty court may still order services if: (A) The provider waives payment; (B) The family treatment specialty court program participant has private insurance that will pay for the services; (C) An administrative and programmatic appropriation has been made for the services; or (D) Administrative and programmatic funding is available for the services. (4) The department shall not be ordered to arrange or pay for supplemental services without the consent of the department.

(1) Services ordered by a family treatment specialty court program shall be supplemental to the services provided by the Department of Human Services, including without limitation: (A) Cash assistance and family services authorized under § 9-27-303 ; and (B) Other dispositions authorized under § 9-27-334 .

(A) Cash assistance and family services authorized under § 9-27-303 ; and

(B) Other dispositions authorized under § 9-27-334 .

(2) A family treatment specialty court must comply with § 9-27-335 before ordering services.

(3) Notwithstanding subdivision (e)(2) of this section, a family treatment specialty court may still order services if: (A) The provider waives payment; (B) The family treatment specialty court program participant has private insurance that will pay for the services; (C) An administrative and programmatic appropriation has been made for the services; or (D) Administrative and programmatic funding is available for the services.

(A) The provider waives payment;

(B) The family treatment specialty court program participant has private insurance that will pay for the services;

(C) An administrative and programmatic appropriation has been made for the services; or

(D) Administrative and programmatic funding is available for the services.

(4) The department shall not be ordered to arrange or pay for supplemental services without the consent of the department.

Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 9-28-202 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-202
Creation of the Division of Youth Services - Director
Status: in_force

(a) There is hereby created the Division of Youth Services within the Department of Human Services. (b) (1) The Governor may appoint the Director of the Division of Youth Services or may delegate that function to the Secretary of the Department of Human Services. (2) The director shall report to the secretary. Amended by Act 2019, No. 910,§ 5135, eff. 7/1/2019. Acts 1995, No. 1261, § 2

(a) There is hereby created the Division of Youth Services within the Department of Human Services.

(b) (1) The Governor may appoint the Director of the Division of Youth Services or may delegate that function to the Secretary of the Department of Human Services. (2) The director shall report to the secretary.

(1) The Governor may appoint the Director of the Division of Youth Services or may delegate that function to the Secretary of the Department of Human Services.

(2) The director shall report to the secretary.

Amended by Act 2019, No. 910,§ 5135, eff. 7/1/2019.

Acts 1995, No. 1261, § 2
Ark. Code Ann. § 9-14-501 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-501
Definition
Status: in_force

As used in this subchapter, "healthcare coverage" includes, but need not be limited to, insurance of human beings against bodily injury, disability, or death by accident or accidental means, or the expense thereof, or disablement or expense resulting from sickness, and every insurance appertaining thereto. Acts 1991, No. 368, § 2

As used in this subchapter, "healthcare coverage" includes, but need not be limited to, insurance of human beings against bodily injury, disability, or death by accident or accidental means, or the expense thereof, or disablement or expense resulting from sickness, and every insurance appertaining thereto.

Acts 1991, No. 368, § 2
Ark. Code Ann. § 9-10-103 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-103
Temporary orders - Administrative orders for paternity testing
Status: in_force

(a) If the child is not born when the accused appears before the circuit court, the court may hear evidence and may make temporary orders and findings pending the birth of the child. (b) (1) (A) If the parentage of a child has not been established, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall send a notice to the putative father, or mother, as appropriate, that he or she is a biological parent of the child. (B) The notice shall inform the parties that the putative father and the mother of the child may sign an affidavit acknowledging paternity and that any party may request that scientifically accepted paternity testing be conducted to assist in determining the identities of the child's parents. (2) (A) In all cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., upon sworn statement of the mother, putative father, or the office alleging paternity, the office shall issue an administrative order for paternity testing that requires the mother, putative father, and minor child to submit themselves for paternity testing. (B) The office shall cause a copy of the administrative order for paternity testing to be served on the mother and putative father. (C) Paternity testing accomplished pursuant to an administrative order shall be conducted pursuant to the guidelines and procedures set out in § 9-10-108 . (D) Any party to an administrative order for paternity testing may object to the administrative order within twenty (20) days after receiving the order and request an administrative hearing to determine if paternity testing under the administrative order should be conducted by the office. (3) The request for paternity testing shall be accompanied by: (A) An affidavit alleging paternity, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the mother and putative father; or (B) An affidavit denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the mother and putative father. (4) (A) The office shall initially pay the costs of administrative paternity testing, but those costs shall be assessed against the putative father if paternity is established or against the applicant for services if the putative father is excluded as the biological father. (B) Recovery by the office through all available processes shall be initiated, including income withholding, when appropriate. (5) Any party who objects to the results of such paternity testing may request additional testing upon proper notice and advance payment for retesting, and the office shall assist the contestant in obtaining such additional testing as may be requested. (6) If the results of paternity testing establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, the office may file a complaint for paternity and child support in the circuit court. (c) Any paternity testing results obtained pursuant to an administrative order for paternity testing shall be admissible into evidence in any circuit court for the purpose of adjudicating paternity, as provided by § 9-10-108 . (d) If the results of paternity testing exclude an alleged parent from being the biological parent of the child, the office shall issue an administrative determination that declares that the excluded person is not a parent of the child. (e) If the mother should die before the final order, the action may be revived in the name of the child, and the mother's testimony at the temporary hearing may be introduced in the final hearing. (f) Upon motion by a party, the court shall issue a temporary child support order in accordance with this chapter, the guidelines for child support, and the family support chart, when paternity is disputed and a judicial or administrative determination of paternity is pending, if there is clear and convincing genetic evidence of paternity. Acts 1875 (Adj. Sess.), No. 24, § 4, p. 25; 1879, No. 72, § 2, p. 95; C. & M. Dig., § 775; Pope's Dig., § 931; Acts 1955, No. 374, § 1; A.S.A. 1947, § 34-704; Acts 1997, No. 1296, § 4; 2001, No. 1248, §§ 1-3; 2003, No. 1185, § 11

(a) If the child is not born when the accused appears before the circuit court, the court may hear evidence and may make temporary orders and findings pending the birth of the child.

(b) (1) (A) If the parentage of a child has not been established, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall send a notice to the putative father, or mother, as appropriate, that he or she is a biological parent of the child. (B) The notice shall inform the parties that the putative father and the mother of the child may sign an affidavit acknowledging paternity and that any party may request that scientifically accepted paternity testing be conducted to assist in determining the identities of the child's parents. (2) (A) In all cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., upon sworn statement of the mother, putative father, or the office alleging paternity, the office shall issue an administrative order for paternity testing that requires the mother, putative father, and minor child to submit themselves for paternity testing. (B) The office shall cause a copy of the administrative order for paternity testing to be served on the mother and putative father. (C) Paternity testing accomplished pursuant to an administrative order shall be conducted pursuant to the guidelines and procedures set out in § 9-10-108 . (D) Any party to an administrative order for paternity testing may object to the administrative order within twenty (20) days after receiving the order and request an administrative hearing to determine if paternity testing under the administrative order should be conducted by the office. (3) The request for paternity testing shall be accompanied by: (A) An affidavit alleging paternity, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the mother and putative father; or (B) An affidavit denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the mother and putative father. (4) (A) The office shall initially pay the costs of administrative paternity testing, but those costs shall be assessed against the putative father if paternity is established or against the applicant for services if the putative father is excluded as the biological father. (B) Recovery by the office through all available processes shall be initiated, including income withholding, when appropriate. (5) Any party who objects to the results of such paternity testing may request additional testing upon proper notice and advance payment for retesting, and the office shall assist the contestant in obtaining such additional testing as may be requested. (6) If the results of paternity testing establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, the office may file a complaint for paternity and child support in the circuit court.

(1) (A) If the parentage of a child has not been established, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall send a notice to the putative father, or mother, as appropriate, that he or she is a biological parent of the child. (B) The notice shall inform the parties that the putative father and the mother of the child may sign an affidavit acknowledging paternity and that any party may request that scientifically accepted paternity testing be conducted to assist in determining the identities of the child's parents.

(A) If the parentage of a child has not been established, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall send a notice to the putative father, or mother, as appropriate, that he or she is a biological parent of the child.

(B) The notice shall inform the parties that the putative father and the mother of the child may sign an affidavit acknowledging paternity and that any party may request that scientifically accepted paternity testing be conducted to assist in determining the identities of the child's parents.

(2) (A) In all cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., upon sworn statement of the mother, putative father, or the office alleging paternity, the office shall issue an administrative order for paternity testing that requires the mother, putative father, and minor child to submit themselves for paternity testing. (B) The office shall cause a copy of the administrative order for paternity testing to be served on the mother and putative father. (C) Paternity testing accomplished pursuant to an administrative order shall be conducted pursuant to the guidelines and procedures set out in § 9-10-108 . (D) Any party to an administrative order for paternity testing may object to the administrative order within twenty (20) days after receiving the order and request an administrative hearing to determine if paternity testing under the administrative order should be conducted by the office.

(A) In all cases brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., upon sworn statement of the mother, putative father, or the office alleging paternity, the office shall issue an administrative order for paternity testing that requires the mother, putative father, and minor child to submit themselves for paternity testing.

(B) The office shall cause a copy of the administrative order for paternity testing to be served on the mother and putative father.

(C) Paternity testing accomplished pursuant to an administrative order shall be conducted pursuant to the guidelines and procedures set out in § 9-10-108 .

(D) Any party to an administrative order for paternity testing may object to the administrative order within twenty (20) days after receiving the order and request an administrative hearing to determine if paternity testing under the administrative order should be conducted by the office.

(3) The request for paternity testing shall be accompanied by: (A) An affidavit alleging paternity, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the mother and putative father; or (B) An affidavit denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the mother and putative father.

(A) An affidavit alleging paternity, and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the mother and putative father; or

(B) An affidavit denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the mother and putative father.

(4) (A) The office shall initially pay the costs of administrative paternity testing, but those costs shall be assessed against the putative father if paternity is established or against the applicant for services if the putative father is excluded as the biological father. (B) Recovery by the office through all available processes shall be initiated, including income withholding, when appropriate.

(A) The office shall initially pay the costs of administrative paternity testing, but those costs shall be assessed against the putative father if paternity is established or against the applicant for services if the putative father is excluded as the biological father.

(B) Recovery by the office through all available processes shall be initiated, including income withholding, when appropriate.

(5) Any party who objects to the results of such paternity testing may request additional testing upon proper notice and advance payment for retesting, and the office shall assist the contestant in obtaining such additional testing as may be requested.

(6) If the results of paternity testing establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, the office may file a complaint for paternity and child support in the circuit court.

(c) Any paternity testing results obtained pursuant to an administrative order for paternity testing shall be admissible into evidence in any circuit court for the purpose of adjudicating paternity, as provided by § 9-10-108 .

(d) If the results of paternity testing exclude an alleged parent from being the biological parent of the child, the office shall issue an administrative determination that declares that the excluded person is not a parent of the child.

(e) If the mother should die before the final order, the action may be revived in the name of the child, and the mother's testimony at the temporary hearing may be introduced in the final hearing.

(f) Upon motion by a party, the court shall issue a temporary child support order in accordance with this chapter, the guidelines for child support, and the family support chart, when paternity is disputed and a judicial or administrative determination of paternity is pending, if there is clear and convincing genetic evidence of paternity.

Acts 1875 (Adj. Sess.), No. 24, § 4, p. 25; 1879, No. 72, § 2, p. 95; C. & M. Dig., § 775; Pope's Dig., § 931; Acts 1955, No. 374, § 1; A.S.A. 1947, § 34-704; Acts 1997, No. 1296, § 4; 2001, No. 1248, §§ 1-3; 2003, No. 1185, § 11
Ark. Code Ann. § 9-16-107 — AR Code / Title 9 / Chapter 16 / Section 9-16-107
Provision of services - Reasonable effort - Acceptance not an admission - Activity of family members
Status: in_force

(a) The provision of family preservation services to a family shall constitute a reasonable effort by the Department of Human Services to prevent the removal of a child from the child's home, provided that the family has received timely access to other services from the department for which the family is eligible. (b) Acceptance of family preservation services shall not be considered an admission of any allegation that initiated the investigation of the family, nor shall refusal of family preservation services be considered as evidence in any proceeding except when the issue is whether the department has made reasonable efforts to prevent removal of a child. (c) No family preservation services program shall compel any family member to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or that could reasonably give rise to any finding of child abuse, neglect, or dependency. Acts 1991, No. 1025, § 7

(a) The provision of family preservation services to a family shall constitute a reasonable effort by the Department of Human Services to prevent the removal of a child from the child's home, provided that the family has received timely access to other services from the department for which the family is eligible.

(b) Acceptance of family preservation services shall not be considered an admission of any allegation that initiated the investigation of the family, nor shall refusal of family preservation services be considered as evidence in any proceeding except when the issue is whether the department has made reasonable efforts to prevent removal of a child.

(c) No family preservation services program shall compel any family member to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or that could reasonably give rise to any finding of child abuse, neglect, or dependency.

Acts 1991, No. 1025, § 7
Ark. Code Ann. § 9-11-501 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-501
Construction of this section and sections 9-11-509 - 9-11-514
Status: in_force

The rule that statutes in derogation of the common law shall be strictly construed shall have no application to this section and §§ 9-11-509 - 9-11-514 . Acts 1875 (Adj. Sess.), No. 91, § 6, p. 172; C. & M. Dig., § 5596; Pope's Dig., § 7246; Acts 1981, No. 873, § 11; A.S.A. 1947, § 55-414

The rule that statutes in derogation of the common law shall be strictly construed shall have no application to this section and §§ 9-11-509 - 9-11-514 .

Acts 1875 (Adj. Sess.), No. 91, § 6, p. 172; C. & M. Dig., § 5596; Pope's Dig., § 7246; Acts 1981, No. 873, § 11; A.S.A. 1947, § 55-414
Ark. Code Ann. § 9-5-110 — AR Code / Title 9 / Chapter 5 / Section 9-5-110
Interagency memorandum of understanding
Status: in_force

(a) Before a child safety center may be established under this chapter, a memorandum of understanding regarding the agreement on the levels of participation of each entity shall be executed among: (1) The Division of Children and Family Services of the Department of Human Services; (2) The Crimes Against Children Division of the Division of Arkansas State Police; (3) Representatives of county and municipal law enforcement agencies that investigate child abuse in the area to be served by the child safety center; and (4) The prosecuting attorney. (b) A memorandum of understanding executed under this section shall include the agreement on the levels of each entity's participation and cooperation in: (1) Developing a cooperative, multidisciplinary-team approach to investigations of child abuse; (2) Reducing, to the greatest extent possible, the number of interviews required of a victim of child abuse with the goal of minimizing the negative impact of the investigation on the child; and (3) Developing, maintaining, and supporting, through the child safety center, an environment that emphasizes the best interests of children and that provides best practices in child abuse investigations. (c) A memorandum of understanding executed under this section may include the agreement of one (1) or more participating entities to provide office space and administrative services necessary for the child safety center's operation. (d) A memorandum of understanding executed under this section shall include the following provisions that: (1) When available and appropriate during the course of a child maltreatment investigation on reports of alleged sexual abuse, and when appropriate, alleged severe physical abuse, the child safety center shall be utilized for forensic interviews and forensic medical examinations and will ensure access for specialized mental health services; and (2) The person who conducts the forensic interview shall be: (A) Adequately trained in interviewing child victims; and (B) Prepared to testify in any administrative or judicial proceeding regarding the forensic interview. Amended by Act 2013, No. 568,§ 2, eff. 8/16/2013 Acts 2007, No. 703, § 5; 2011, No. 783, § 1

(a) Before a child safety center may be established under this chapter, a memorandum of understanding regarding the agreement on the levels of participation of each entity shall be executed among: (1) The Division of Children and Family Services of the Department of Human Services; (2) The Crimes Against Children Division of the Division of Arkansas State Police; (3) Representatives of county and municipal law enforcement agencies that investigate child abuse in the area to be served by the child safety center; and (4) The prosecuting attorney.

(1) The Division of Children and Family Services of the Department of Human Services;

(2) The Crimes Against Children Division of the Division of Arkansas State Police;

(3) Representatives of county and municipal law enforcement agencies that investigate child abuse in the area to be served by the child safety center; and

(4) The prosecuting attorney.

(b) A memorandum of understanding executed under this section shall include the agreement on the levels of each entity's participation and cooperation in: (1) Developing a cooperative, multidisciplinary-team approach to investigations of child abuse; (2) Reducing, to the greatest extent possible, the number of interviews required of a victim of child abuse with the goal of minimizing the negative impact of the investigation on the child; and (3) Developing, maintaining, and supporting, through the child safety center, an environment that emphasizes the best interests of children and that provides best practices in child abuse investigations.

(1) Developing a cooperative, multidisciplinary-team approach to investigations of child abuse;

(2) Reducing, to the greatest extent possible, the number of interviews required of a victim of child abuse with the goal of minimizing the negative impact of the investigation on the child; and

(3) Developing, maintaining, and supporting, through the child safety center, an environment that emphasizes the best interests of children and that provides best practices in child abuse investigations.

(c) A memorandum of understanding executed under this section may include the agreement of one (1) or more participating entities to provide office space and administrative services necessary for the child safety center's operation.

(d) A memorandum of understanding executed under this section shall include the following provisions that: (1) When available and appropriate during the course of a child maltreatment investigation on reports of alleged sexual abuse, and when appropriate, alleged severe physical abuse, the child safety center shall be utilized for forensic interviews and forensic medical examinations and will ensure access for specialized mental health services; and (2) The person who conducts the forensic interview shall be: (A) Adequately trained in interviewing child victims; and (B) Prepared to testify in any administrative or judicial proceeding regarding the forensic interview.

(1) When available and appropriate during the course of a child maltreatment investigation on reports of alleged sexual abuse, and when appropriate, alleged severe physical abuse, the child safety center shall be utilized for forensic interviews and forensic medical examinations and will ensure access for specialized mental health services; and

(2) The person who conducts the forensic interview shall be: (A) Adequately trained in interviewing child victims; and (B) Prepared to testify in any administrative or judicial proceeding regarding the forensic interview.

(A) Adequately trained in interviewing child victims; and

(B) Prepared to testify in any administrative or judicial proceeding regarding the forensic interview.

Amended by Act 2013, No. 568,§ 2, eff. 8/16/2013

Acts 2007, No. 703, § 5; 2011, No. 783, § 1
Ark. Code Ann. § 9-11-604 — AR Code / Title 9 / Chapter 11 / Subchapter 6 / Section 9-11-604
Setting apart dower or curtesy as life estate in certain lands
Status: in_force

(a) (1) Any person owning lands in this state whose spouse is adjudged permanently insane may apply by petition to the circuit court of the county where the lands or the greater part thereof are situated to have a life estate in a part of the lands set apart to the spouse in lieu of the spouse's inchoate right of dower or curtesy, as the case may be, in all of the lands and the remaining lands discharged and unencumbered of the dower or curtesy interest of the spouse. (2) The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, describing all the real estate of the plaintiff, and that it will be to the best interest of all parties. (b) On the filing of the petition, the court shall appoint some reliable person, a citizen of the county, not related to either of the parties nor interested directly or indirectly in the real estate nor in any part thereof as guardian ad litem for the spouse. The guardian ad litem shall forthwith cause the appearance of the spouse to be entered of record in the case and make such pleadings in the case from time to time as may seem fit to him or her for the interest of his or her ward and be consistent with the practice of the court. All acts of the guardian ad litem shall be deemed valid and binding on his or her ward. (c) The court on hearing the petition and being satisfied that it will be to the best interests of the parties to have the life estate in a part of the lands set apart to the spouse in lieu of dower or curtesy in the whole of the lands shall appoint three (3) persons as commissioners not interested in the lands nor in any part thereof who shall set apart the life estate in lieu of dower or curtesy, designating specifically the lands. They shall make their report to the court, which report shall be subject to the approval of the court. (d) On approval of the report of the commissioners, the court shall make an order and decree divesting the dower or curtesy of the spouse out of the real estate of the plaintiff and in lieu thereof vesting in the spouse a life estate of the lands designated by the commissioners, and authorizing and empowering the plaintiff to sell the remainder of the lands or to mortgage and encumber the remainder of the lands free from any dower or curtesy rights of the spouse. Acts 1907, No. 393, §§ 1-3, p. 985; C. & M. Dig., §§ 3566-3568; Acts 1923, No. 472, § 1; Pope's Dig., §§ 4452-4454; Acts 1981, No. 714, §§ 14-16; A.S.A. 1947, §§ 59-706 -- 59-708

(a) (1) Any person owning lands in this state whose spouse is adjudged permanently insane may apply by petition to the circuit court of the county where the lands or the greater part thereof are situated to have a life estate in a part of the lands set apart to the spouse in lieu of the spouse's inchoate right of dower or curtesy, as the case may be, in all of the lands and the remaining lands discharged and unencumbered of the dower or curtesy interest of the spouse. (2) The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, describing all the real estate of the plaintiff, and that it will be to the best interest of all parties.

(1) Any person owning lands in this state whose spouse is adjudged permanently insane may apply by petition to the circuit court of the county where the lands or the greater part thereof are situated to have a life estate in a part of the lands set apart to the spouse in lieu of the spouse's inchoate right of dower or curtesy, as the case may be, in all of the lands and the remaining lands discharged and unencumbered of the dower or curtesy interest of the spouse.

(2) The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, describing all the real estate of the plaintiff, and that it will be to the best interest of all parties.

(b) On the filing of the petition, the court shall appoint some reliable person, a citizen of the county, not related to either of the parties nor interested directly or indirectly in the real estate nor in any part thereof as guardian ad litem for the spouse. The guardian ad litem shall forthwith cause the appearance of the spouse to be entered of record in the case and make such pleadings in the case from time to time as may seem fit to him or her for the interest of his or her ward and be consistent with the practice of the court. All acts of the guardian ad litem shall be deemed valid and binding on his or her ward.

(c) The court on hearing the petition and being satisfied that it will be to the best interests of the parties to have the life estate in a part of the lands set apart to the spouse in lieu of dower or curtesy in the whole of the lands shall appoint three (3) persons as commissioners not interested in the lands nor in any part thereof who shall set apart the life estate in lieu of dower or curtesy, designating specifically the lands. They shall make their report to the court, which report shall be subject to the approval of the court.

(d) On approval of the report of the commissioners, the court shall make an order and decree divesting the dower or curtesy of the spouse out of the real estate of the plaintiff and in lieu thereof vesting in the spouse a life estate of the lands designated by the commissioners, and authorizing and empowering the plaintiff to sell the remainder of the lands or to mortgage and encumber the remainder of the lands free from any dower or curtesy rights of the spouse.

Acts 1907, No. 393, §§ 1-3, p. 985; C. & M. Dig., §§ 3566-3568; Acts 1923, No. 472, § 1; Pope's Dig., §§ 4452-4454; Acts 1981, No. 714, §§ 14-16; A.S.A. 1947, §§ 59-706 -- 59-708
Ark. Code Ann. § 9-6-102 — AR Code / Title 9 / Chapter 6 / Section 9-6-102
Definitions
Status: in_force

As used in this chapter: (1) "Advocate" means an employee, supervisor, or administrator of a shelter; (2) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is not a casual relationship or an ordinary fraternization in a business or social context and that is determined by examining the following factors: (A) The length of the relationship; (B) The nature of the relationship; and (C) The frequency of interaction between the two (2) individuals involved in the relationship; (3) "Domestic abuse" means: (A) Physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household; (B) Mental harm caused by the infliction of fear of imminent physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household; or (C) Sexual conduct between family or household members or between individuals in a dating relationship, whether minors or adults, that constitutes a crime under the laws of this state; (4) "Family or household member" means a: (A) Spouse; (B) Former spouse; (C) Parent; (D) Child; (E) Person related to another family or household member by blood; (F) Person who cohabits with another family or household member or who cohabited in the past with another family or household member; and (G) Person who shares one (1) or more children in common with another person; (5) "Shelter" means an entity that: (A) Provides services, including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and (B) Meets the program, fiscal, and training requirements of this chapter; (6) "Statewide domestic violence entity" means an entity that: (A) Provides all the required core and continuing education for statewide domestic violence shelters and programs; (B) Is governed by a board of directors that is made up of a majority of publicly funded statewide domestic violence shelter program directors; (C) Functions as the clearinghouse of domestic violence statistical data for Arkansas; and (D) Exclusively services domestic violence programs; and (7) "Volunteer" means a person who donates his or her time to provide services to victims at a shelter. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

As used in this chapter:

(1) "Advocate" means an employee, supervisor, or administrator of a shelter;

(2) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that is not a casual relationship or an ordinary fraternization in a business or social context and that is determined by examining the following factors: (A) The length of the relationship; (B) The nature of the relationship; and (C) The frequency of interaction between the two (2) individuals involved in the relationship;

(A) The length of the relationship;

(B) The nature of the relationship; and

(C) The frequency of interaction between the two (2) individuals involved in the relationship;

(3) "Domestic abuse" means: (A) Physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household; (B) Mental harm caused by the infliction of fear of imminent physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household; or (C) Sexual conduct between family or household members or between individuals in a dating relationship, whether minors or adults, that constitutes a crime under the laws of this state;

(A) Physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household;

(B) Mental harm caused by the infliction of fear of imminent physical harm, bodily injury, or assault against an individual in a dating relationship by the other individual in the dating relationship or against a member of a family or household by another member of the family or household; or

(C) Sexual conduct between family or household members or between individuals in a dating relationship, whether minors or adults, that constitutes a crime under the laws of this state;

(4) "Family or household member" means a: (A) Spouse; (B) Former spouse; (C) Parent; (D) Child; (E) Person related to another family or household member by blood; (F) Person who cohabits with another family or household member or who cohabited in the past with another family or household member; and (G) Person who shares one (1) or more children in common with another person;

(A) Spouse;

(B) Former spouse;

(C) Parent;

(D) Child;

(E) Person related to another family or household member by blood;

(F) Person who cohabits with another family or household member or who cohabited in the past with another family or household member; and

(G) Person who shares one (1) or more children in common with another person;

(5) "Shelter" means an entity that: (A) Provides services, including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and (B) Meets the program, fiscal, and training requirements of this chapter;

(A) Provides services, including food, housing, advice, counseling, and assistance to victims of domestic abuse and their minor dependent children in this state; and

(B) Meets the program, fiscal, and training requirements of this chapter;

(6) "Statewide domestic violence entity" means an entity that: (A) Provides all the required core and continuing education for statewide domestic violence shelters and programs; (B) Is governed by a board of directors that is made up of a majority of publicly funded statewide domestic violence shelter program directors; (C) Functions as the clearinghouse of domestic violence statistical data for Arkansas; and (D) Exclusively services domestic violence programs; and

(A) Provides all the required core and continuing education for statewide domestic violence shelters and programs;

(B) Is governed by a board of directors that is made up of a majority of publicly funded statewide domestic violence shelter program directors;

(C) Functions as the clearinghouse of domestic violence statistical data for Arkansas; and

(D) Exclusively services domestic violence programs; and

(7) "Volunteer" means a person who donates his or her time to provide services to victims at a shelter.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-11-703 — AR Code / Title 9 / Chapter 11 / Subchapter 7 / Section 9-11-703
Recordation of credentials of clerical character - Applicability of section 9-11-214
Status: in_force

(a) Section 9-11-214(a) and (b) shall not apply to those ministers and priests who properly filed their credentials prior to February 18, 1947, according to the law as it existed at the time the credentials were filed. (b) Any marriage solemnized by any regularly ordained minister or priest of any religious sect or denomination in this state prior to February 18, 1947, is declared legal and valid, whether or not the minister or priest caused his or her license or credentials to be recorded as provided by § 9-11-214(a) and (b) . Acts 1843, § 2, p. 55; 1873, No. 2, § 2, p. 2; C. & M. Dig., § 7047; Pope's Dig., § 9027; Acts 1947, No. 93, §§ 1, 2; A.S.A. 1947, §§ 55-218, 55-218n

(a) Section 9-11-214(a) and (b) shall not apply to those ministers and priests who properly filed their credentials prior to February 18, 1947, according to the law as it existed at the time the credentials were filed.

(b) Any marriage solemnized by any regularly ordained minister or priest of any religious sect or denomination in this state prior to February 18, 1947, is declared legal and valid, whether or not the minister or priest caused his or her license or credentials to be recorded as provided by § 9-11-214(a) and (b) .

Acts 1843, § 2, p. 55; 1873, No. 2, § 2, p. 2; C. & M. Dig., § 7047; Pope's Dig., § 9027; Acts 1947, No. 93, §§ 1, 2; A.S.A. 1947, §§ 55-218, 55-218n
Ark. Code Ann. § 9-14-225 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-225
Income withholding - Liability of payor - Distribution of moneys
Status: in_force

(a) A payor who has been notified of an order of income withholding shall be liable for any amount up to the accumulated amount that should have been withheld should he or she fail or refuse to withhold the income in accordance with the notice. (b) Once money has been withheld, except as provided in subsection (c) of this section, it shall be considered the property of the custodial parent. The custodial parent to whom the money is owed may seek any and all available redress against any employer who fails to transmit money pursuant to an order of income withholding. (c) Moneys withheld in cases brought under Title IV-D of the Social Security Act shall become the property of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration to be distributed in accordance with child support policy. Acts 1985, No. 989, § 9; A.S.A. 1947, § 34-1227; Acts 1989, No. 210, § 1; 1995, No. 1184, § 13

(a) A payor who has been notified of an order of income withholding shall be liable for any amount up to the accumulated amount that should have been withheld should he or she fail or refuse to withhold the income in accordance with the notice.

(b) Once money has been withheld, except as provided in subsection (c) of this section, it shall be considered the property of the custodial parent. The custodial parent to whom the money is owed may seek any and all available redress against any employer who fails to transmit money pursuant to an order of income withholding.

(c) Moneys withheld in cases brought under Title IV-D of the Social Security Act shall become the property of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration to be distributed in accordance with child support policy.

Acts 1985, No. 989, § 9; A.S.A. 1947, § 34-1227; Acts 1989, No. 210, § 1; 1995, No. 1184, § 13
Ark. Code Ann. § 9-20-119 — AR Code / Title 9 / Chapter 20 / Section 9-20-119
Assets of a maltreated adult
Status: in_force

(a) (1) The probate division of circuit court may enter orders as needed to identify, secure, and protect the assets of any adult in the custody of the Department of Human Services or any maltreated adult receiving court-ordered protective services from the department. (2) If the court orders the adult placed in the custody of the department, the court shall address the issue of the adult's residence, whether rented or owned by the adult, including the cleaning, vacating, selling, or leasing of the residence, and the disposition of the property in the residence. (3) After review of the assets, the court may order the sale of any assets if it is in the best interest of the adult. (b) The court may also direct payment from the assets of the adult in department custody or receiving protective services from the department for services rendered or goods purchased by or for the adult in the custody of the department or receiving services from the department. (c) (1) The court may appoint the department only as custodian of the adult and not as guardian of the person or of the estate of the adult, except to appoint a public guardian under § 28-65-701 et seq. (2) The court has jurisdiction in this matter to hear and grant a petition for guardianship of the estate of an adult in the custody of the department. Acts 2005, No. 1811, § 1; 2009, No. 526, § 8; 2011, No. 206, § 4

(a) (1) The probate division of circuit court may enter orders as needed to identify, secure, and protect the assets of any adult in the custody of the Department of Human Services or any maltreated adult receiving court-ordered protective services from the department. (2) If the court orders the adult placed in the custody of the department, the court shall address the issue of the adult's residence, whether rented or owned by the adult, including the cleaning, vacating, selling, or leasing of the residence, and the disposition of the property in the residence. (3) After review of the assets, the court may order the sale of any assets if it is in the best interest of the adult.

(1) The probate division of circuit court may enter orders as needed to identify, secure, and protect the assets of any adult in the custody of the Department of Human Services or any maltreated adult receiving court-ordered protective services from the department.

(2) If the court orders the adult placed in the custody of the department, the court shall address the issue of the adult's residence, whether rented or owned by the adult, including the cleaning, vacating, selling, or leasing of the residence, and the disposition of the property in the residence.

(3) After review of the assets, the court may order the sale of any assets if it is in the best interest of the adult.

(b) The court may also direct payment from the assets of the adult in department custody or receiving protective services from the department for services rendered or goods purchased by or for the adult in the custody of the department or receiving services from the department.

(c) (1) The court may appoint the department only as custodian of the adult and not as guardian of the person or of the estate of the adult, except to appoint a public guardian under § 28-65-701 et seq. (2) The court has jurisdiction in this matter to hear and grant a petition for guardianship of the estate of an adult in the custody of the department.

(1) The court may appoint the department only as custodian of the adult and not as guardian of the person or of the estate of the adult, except to appoint a public guardian under § 28-65-701 et seq.

(2) The court has jurisdiction in this matter to hear and grant a petition for guardianship of the estate of an adult in the custody of the department.

Acts 2005, No. 1811, § 1; 2009, No. 526, § 8; 2011, No. 206, § 4
Ark. Code Ann. § 9-11-105 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-105
Marriage of underage parties voidable
Status: in_force

(a) The marriage of any male under the full age of seventeen (17) years and the marriage of any female under the full age of sixteen (16) years is voidable. (b) All marriages contracted prior to March 26, 1964, where one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are declared to be voidable only and shall be valid for all intents and purposes unless voided by a court of competent jurisdiction. (c) All marriages contracted between July 30, 2007, and April 2, 2008, in which one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are voidable only and are valid for all intents and purposes unless voided by a court of competent jurisdiction. Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, §§ 1, 2; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, §§ 55-102, 55-102.1; Acts 2008 (1st Ex. Sess.), No. 3, § 4

(a) The marriage of any male under the full age of seventeen (17) years and the marriage of any female under the full age of sixteen (16) years is voidable.

(b) All marriages contracted prior to March 26, 1964, where one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are declared to be voidable only and shall be valid for all intents and purposes unless voided by a court of competent jurisdiction.

(c) All marriages contracted between July 30, 2007, and April 2, 2008, in which one (1) or both parties to the contract were under the minimum age prescribed by law for contracting marriage are voidable only and are valid for all intents and purposes unless voided by a court of competent jurisdiction.

Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, §§ 1, 2; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, §§ 55-102, 55-102.1; Acts 2008 (1st Ex. Sess.), No. 3, § 4
Ark. Code Ann. § 9-26-203 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-203
Nomination of custodian
Status: in_force

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act." The nomination may name one (1) or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. (b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 9-26-209(a) . (c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under § 9-26-209 . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 9-26-209 . Acts 1985, No. 476, § 3; A.S.A. 1947, § 50-936

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act." The nomination may name one (1) or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.

(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 9-26-209(a) .

(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under § 9-26-209 . Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 9-26-209 .

Acts 1985, No. 476, § 3; A.S.A. 1947, § 50-936