Ark. Code Ann. § 9-27-327 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-327
Adjudication hearing
Status: in_force

(a) (1) (A) An adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof. (B) (i) If the court finds that the juvenile is dependent-neglected, the court shall determine whether a noncustodial parent contributed to the dependency-neglect and whether the noncustodial parent is a fit parent for purposes of custody or family time. (ii) A noncustodial parent in subdivision (a)(1)(B)(i) of this section is presumed to be a fit parent. (iii) (a) If no prior court order has been entered into evidence concerning custody or family time with the noncustodial parent of the juvenile subject to the dependency-neglect petition, the petitioner shall, and any party may, provide evidence to the court whether the noncustodial parent is unfit for purposes of custody or family time. (b) The petitioner shall provide evidence as to whether the noncustodial parent contributed to the dependency-neglect. (iv) (a) The court may transfer temporary custody or permanent custody to the noncustodial parent after a review of evidence and a finding that it is in the best interest of the juvenile to transfer custody, or the court may order family time with the noncustodial parent. (b) An order of transfer of custody to the noncustodial parent does not relieve the Department of Human Services of the responsibility to provide services to the parent from whom custody was removed, unless the court enters an order to relieve the department of the responsibility. (c) A home study is not required to transfer custody to a parent of the juvenile. (v) If the court determines that the child cannot safely be placed in the custody of the noncustodial parent, the court shall make specific findings of fact regarding the safety factors that need to be corrected by the noncustodial parent before placement or family time with the juvenile. (2) Unless the court finds that a removal occurred due to an emergency and the agency had no prior contact with the family or the child, evidence shall be presented to the court regarding all prior contact between the agency and the juvenile or the family before a finding of reasonable efforts to prevent removal by the department. (3) A finding of reasonable efforts to prevent removal of the juvenile is void if the court determines that the department failed to disclose all prior contact between the agency and juvenile or the family before the finding. (4) (A) The dependency-neglect adjudication hearing shall be held within thirty (30) days after the probable cause hearing under § 9-27-315 . (B) On a motion of the court or any party, the court may continue the adjudication hearing up to sixty (60) days after the removal for good cause shown. (C) (i) The court may continue an adjudication hearing beyond the sixty-day limitation provided in subdivision (a)(4)(B) of this section in extraordinary circumstances. (ii) As used in this subdivision (a)(4)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency. (5) If the juvenile has previously been adjudicated a dependent-neglected juvenile in the same case in which a motion for a change of custody has been filed to remove the juvenile from the custody of a parent, a subsequent adjudication is required if the ground for the removal is not the same as the ground previously adjudicated. (b) If a juvenile is in detention, an adjudication hearing shall be held, unless the juvenile or a party is seeking an extended juvenile jurisdiction designation, not later than fourteen (14) days from the date of the detention hearing unless waived by the juvenile or good cause is shown for a continuance. (c) In extended juvenile jurisdiction offender proceedings, the adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure. (d) Following an adjudication in which a juvenile is found to be delinquent, dependent-neglected, or a member of a family in need of services, the court may order any studies, evaluations, or predisposition reports, if needed, that bear on disposition. (e) (1) All such reports shall be provided in writing to all parties and counsel at least two (2) days prior to the disposition hearing. (2) All parties shall be given a fair opportunity to controvert any parts of such reports. (f) In dependency-neglect cases, a written adjudication order shall be filed by the court, or by a party or party's attorney as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. Amended by Act 2023, No. 363,§ 9, eff. 8/1/2023. Amended by Act 2020F, No. 144,§ 39, eff. 4/20/2020. Amended by Act 2017, No. 701,§ 2, eff. 8/1/2017 Amended by Act 2015, No. 1024,§ 4, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 10, eff. 7/22/2015 Amended by Act 2013, No. 1055,§ 19, eff. 8/16/2013 Acts 1989, No. 273, § 26; 1997, No. 1227, § 5; 1999, No. 401, § 6; 1999, No. 1192, § 18; 2001, No. 1503, § 6; 2003, No. 1319, §§ 14, 15; 2007, No. 587, § 14; 2009, No. 956, § 10; 2011, No. 792, § 9 See Act 2020F, No. 144, § 42.

(a) (1) (A) An adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof. (B) (i) If the court finds that the juvenile is dependent-neglected, the court shall determine whether a noncustodial parent contributed to the dependency-neglect and whether the noncustodial parent is a fit parent for purposes of custody or family time. (ii) A noncustodial parent in subdivision (a)(1)(B)(i) of this section is presumed to be a fit parent. (iii) (a) If no prior court order has been entered into evidence concerning custody or family time with the noncustodial parent of the juvenile subject to the dependency-neglect petition, the petitioner shall, and any party may, provide evidence to the court whether the noncustodial parent is unfit for purposes of custody or family time. (b) The petitioner shall provide evidence as to whether the noncustodial parent contributed to the dependency-neglect. (iv) (a) The court may transfer temporary custody or permanent custody to the noncustodial parent after a review of evidence and a finding that it is in the best interest of the juvenile to transfer custody, or the court may order family time with the noncustodial parent. (b) An order of transfer of custody to the noncustodial parent does not relieve the Department of Human Services of the responsibility to provide services to the parent from whom custody was removed, unless the court enters an order to relieve the department of the responsibility. (c) A home study is not required to transfer custody to a parent of the juvenile. (v) If the court determines that the child cannot safely be placed in the custody of the noncustodial parent, the court shall make specific findings of fact regarding the safety factors that need to be corrected by the noncustodial parent before placement or family time with the juvenile. (2) Unless the court finds that a removal occurred due to an emergency and the agency had no prior contact with the family or the child, evidence shall be presented to the court regarding all prior contact between the agency and the juvenile or the family before a finding of reasonable efforts to prevent removal by the department. (3) A finding of reasonable efforts to prevent removal of the juvenile is void if the court determines that the department failed to disclose all prior contact between the agency and juvenile or the family before the finding. (4) (A) The dependency-neglect adjudication hearing shall be held within thirty (30) days after the probable cause hearing under § 9-27-315 . (B) On a motion of the court or any party, the court may continue the adjudication hearing up to sixty (60) days after the removal for good cause shown. (C) (i) The court may continue an adjudication hearing beyond the sixty-day limitation provided in subdivision (a)(4)(B) of this section in extraordinary circumstances. (ii) As used in this subdivision (a)(4)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency. (5) If the juvenile has previously been adjudicated a dependent-neglected juvenile in the same case in which a motion for a change of custody has been filed to remove the juvenile from the custody of a parent, a subsequent adjudication is required if the ground for the removal is not the same as the ground previously adjudicated.

(1) (A) An adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof. (B) (i) If the court finds that the juvenile is dependent-neglected, the court shall determine whether a noncustodial parent contributed to the dependency-neglect and whether the noncustodial parent is a fit parent for purposes of custody or family time. (ii) A noncustodial parent in subdivision (a)(1)(B)(i) of this section is presumed to be a fit parent. (iii) (a) If no prior court order has been entered into evidence concerning custody or family time with the noncustodial parent of the juvenile subject to the dependency-neglect petition, the petitioner shall, and any party may, provide evidence to the court whether the noncustodial parent is unfit for purposes of custody or family time. (b) The petitioner shall provide evidence as to whether the noncustodial parent contributed to the dependency-neglect. (iv) (a) The court may transfer temporary custody or permanent custody to the noncustodial parent after a review of evidence and a finding that it is in the best interest of the juvenile to transfer custody, or the court may order family time with the noncustodial parent. (b) An order of transfer of custody to the noncustodial parent does not relieve the Department of Human Services of the responsibility to provide services to the parent from whom custody was removed, unless the court enters an order to relieve the department of the responsibility. (c) A home study is not required to transfer custody to a parent of the juvenile. (v) If the court determines that the child cannot safely be placed in the custody of the noncustodial parent, the court shall make specific findings of fact regarding the safety factors that need to be corrected by the noncustodial parent before placement or family time with the juvenile.

(A) An adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by the proof.

(B) (i) If the court finds that the juvenile is dependent-neglected, the court shall determine whether a noncustodial parent contributed to the dependency-neglect and whether the noncustodial parent is a fit parent for purposes of custody or family time. (ii) A noncustodial parent in subdivision (a)(1)(B)(i) of this section is presumed to be a fit parent. (iii) (a) If no prior court order has been entered into evidence concerning custody or family time with the noncustodial parent of the juvenile subject to the dependency-neglect petition, the petitioner shall, and any party may, provide evidence to the court whether the noncustodial parent is unfit for purposes of custody or family time. (b) The petitioner shall provide evidence as to whether the noncustodial parent contributed to the dependency-neglect. (iv) (a) The court may transfer temporary custody or permanent custody to the noncustodial parent after a review of evidence and a finding that it is in the best interest of the juvenile to transfer custody, or the court may order family time with the noncustodial parent. (b) An order of transfer of custody to the noncustodial parent does not relieve the Department of Human Services of the responsibility to provide services to the parent from whom custody was removed, unless the court enters an order to relieve the department of the responsibility. (c) A home study is not required to transfer custody to a parent of the juvenile. (v) If the court determines that the child cannot safely be placed in the custody of the noncustodial parent, the court shall make specific findings of fact regarding the safety factors that need to be corrected by the noncustodial parent before placement or family time with the juvenile.

(i) If the court finds that the juvenile is dependent-neglected, the court shall determine whether a noncustodial parent contributed to the dependency-neglect and whether the noncustodial parent is a fit parent for purposes of custody or family time.

(ii) A noncustodial parent in subdivision (a)(1)(B)(i) of this section is presumed to be a fit parent.

(iii) (a) If no prior court order has been entered into evidence concerning custody or family time with the noncustodial parent of the juvenile subject to the dependency-neglect petition, the petitioner shall, and any party may, provide evidence to the court whether the noncustodial parent is unfit for purposes of custody or family time. (b) The petitioner shall provide evidence as to whether the noncustodial parent contributed to the dependency-neglect.

(a) If no prior court order has been entered into evidence concerning custody or family time with the noncustodial parent of the juvenile subject to the dependency-neglect petition, the petitioner shall, and any party may, provide evidence to the court whether the noncustodial parent is unfit for purposes of custody or family time.

(b) The petitioner shall provide evidence as to whether the noncustodial parent contributed to the dependency-neglect.

(iv) (a) The court may transfer temporary custody or permanent custody to the noncustodial parent after a review of evidence and a finding that it is in the best interest of the juvenile to transfer custody, or the court may order family time with the noncustodial parent. (b) An order of transfer of custody to the noncustodial parent does not relieve the Department of Human Services of the responsibility to provide services to the parent from whom custody was removed, unless the court enters an order to relieve the department of the responsibility. (c) A home study is not required to transfer custody to a parent of the juvenile.

(a) The court may transfer temporary custody or permanent custody to the noncustodial parent after a review of evidence and a finding that it is in the best interest of the juvenile to transfer custody, or the court may order family time with the noncustodial parent.

(b) An order of transfer of custody to the noncustodial parent does not relieve the Department of Human Services of the responsibility to provide services to the parent from whom custody was removed, unless the court enters an order to relieve the department of the responsibility.

(c) A home study is not required to transfer custody to a parent of the juvenile.

(v) If the court determines that the child cannot safely be placed in the custody of the noncustodial parent, the court shall make specific findings of fact regarding the safety factors that need to be corrected by the noncustodial parent before placement or family time with the juvenile.

(2) Unless the court finds that a removal occurred due to an emergency and the agency had no prior contact with the family or the child, evidence shall be presented to the court regarding all prior contact between the agency and the juvenile or the family before a finding of reasonable efforts to prevent removal by the department.

(3) A finding of reasonable efforts to prevent removal of the juvenile is void if the court determines that the department failed to disclose all prior contact between the agency and juvenile or the family before the finding.

(4) (A) The dependency-neglect adjudication hearing shall be held within thirty (30) days after the probable cause hearing under § 9-27-315 . (B) On a motion of the court or any party, the court may continue the adjudication hearing up to sixty (60) days after the removal for good cause shown. (C) (i) The court may continue an adjudication hearing beyond the sixty-day limitation provided in subdivision (a)(4)(B) of this section in extraordinary circumstances. (ii) As used in this subdivision (a)(4)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency.

(A) The dependency-neglect adjudication hearing shall be held within thirty (30) days after the probable cause hearing under § 9-27-315 .

(B) On a motion of the court or any party, the court may continue the adjudication hearing up to sixty (60) days after the removal for good cause shown.

(C) (i) The court may continue an adjudication hearing beyond the sixty-day limitation provided in subdivision (a)(4)(B) of this section in extraordinary circumstances. (ii) As used in this subdivision (a)(4)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency.

(i) The court may continue an adjudication hearing beyond the sixty-day limitation provided in subdivision (a)(4)(B) of this section in extraordinary circumstances.

(ii) As used in this subdivision (a)(4)(C), "extraordinary circumstances" includes without limitation the following circumstances: (a) The Supreme Court orders the suspension of in-person court proceedings; and (b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency.

(a) The Supreme Court orders the suspension of in-person court proceedings; and

(b) One (1) of the following has occurred: (1) The President of the United States has declared a national emergency; or (2) The Governor has declared a state of emergency or a statewide public health emergency.

(1) The President of the United States has declared a national emergency; or

(2) The Governor has declared a state of emergency or a statewide public health emergency.

(5) If the juvenile has previously been adjudicated a dependent-neglected juvenile in the same case in which a motion for a change of custody has been filed to remove the juvenile from the custody of a parent, a subsequent adjudication is required if the ground for the removal is not the same as the ground previously adjudicated.

(b) If a juvenile is in detention, an adjudication hearing shall be held, unless the juvenile or a party is seeking an extended juvenile jurisdiction designation, not later than fourteen (14) days from the date of the detention hearing unless waived by the juvenile or good cause is shown for a continuance.

(c) In extended juvenile jurisdiction offender proceedings, the adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure.

(d) Following an adjudication in which a juvenile is found to be delinquent, dependent-neglected, or a member of a family in need of services, the court may order any studies, evaluations, or predisposition reports, if needed, that bear on disposition.

(e) (1) All such reports shall be provided in writing to all parties and counsel at least two (2) days prior to the disposition hearing. (2) All parties shall be given a fair opportunity to controvert any parts of such reports.

(1) All such reports shall be provided in writing to all parties and counsel at least two (2) days prior to the disposition hearing.

(2) All parties shall be given a fair opportunity to controvert any parts of such reports.

(f) In dependency-neglect cases, a written adjudication order shall be filed by the court, or by a party or party's attorney as designated by the court, within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

Amended by Act 2023, No. 363,§ 9, eff. 8/1/2023.

Amended by Act 2020F, No. 144,§ 39, eff. 4/20/2020.

Amended by Act 2017, No. 701,§ 2, eff. 8/1/2017

Amended by Act 2015, No. 1024,§ 4, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 10, eff. 7/22/2015

Amended by Act 2013, No. 1055,§ 19, eff. 8/16/2013

Acts 1989, No. 273, § 26; 1997, No. 1227, § 5; 1999, No. 401, § 6; 1999, No. 1192, § 18; 2001, No. 1503, § 6; 2003, No. 1319, §§ 14, 15; 2007, No. 587, § 14; 2009, No. 956, § 10; 2011, No. 792, § 9

See Act 2020F, No. 144, § 42.
Ark. Code Ann. § 9-9-503 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-503
Registry - Establishment and maintenance
Status: in_force

(a) (1) A mutual consent voluntary adoption registry may be established and maintained by any licensed voluntary agency involved in an adoption. (2) Persons eligible to receive identifying information shall work through the agency involved in the adoption. If that agency has merged or ceased operations, a successor agency may assume possession of the files for the purpose of establishing, maintaining, and operating the mutual consent voluntary adoption registry concerning those adoptions. (3) Any licensed voluntary agency may delegate or otherwise contract with another licensed voluntary agency with expertise in post-legal adoption services to establish, maintain, and operate the registry for the delegating agency. (4) If any agency ceasing to operate does not transfer adoption records to another licensed agency, it shall provide all records required to be maintained by law to the Department of Human Services. (b) The department shall establish and maintain a mutual consent voluntary adoption registry for all adoptions arranged by the department or may contract out the function of establishing and maintaining the registry to a licensed voluntary agency with expertise in providing postlegal adoption services, in which case the agency shall establish and maintain the registry that would otherwise be operated by the department. (c) The department shall keep records of every adult adoptee and birth parent reunited through the use of the mutual consent voluntary adoption registry. Acts 1985, No. 957, § 6; A.S.A. 1947, § 56-143; Acts 1987, No. 1060, § 4; 2001, No. 409, § 2

(a) (1) A mutual consent voluntary adoption registry may be established and maintained by any licensed voluntary agency involved in an adoption. (2) Persons eligible to receive identifying information shall work through the agency involved in the adoption. If that agency has merged or ceased operations, a successor agency may assume possession of the files for the purpose of establishing, maintaining, and operating the mutual consent voluntary adoption registry concerning those adoptions. (3) Any licensed voluntary agency may delegate or otherwise contract with another licensed voluntary agency with expertise in post-legal adoption services to establish, maintain, and operate the registry for the delegating agency. (4) If any agency ceasing to operate does not transfer adoption records to another licensed agency, it shall provide all records required to be maintained by law to the Department of Human Services.

(1) A mutual consent voluntary adoption registry may be established and maintained by any licensed voluntary agency involved in an adoption.

(2) Persons eligible to receive identifying information shall work through the agency involved in the adoption. If that agency has merged or ceased operations, a successor agency may assume possession of the files for the purpose of establishing, maintaining, and operating the mutual consent voluntary adoption registry concerning those adoptions.

(3) Any licensed voluntary agency may delegate or otherwise contract with another licensed voluntary agency with expertise in post-legal adoption services to establish, maintain, and operate the registry for the delegating agency.

(4) If any agency ceasing to operate does not transfer adoption records to another licensed agency, it shall provide all records required to be maintained by law to the Department of Human Services.

(b) The department shall establish and maintain a mutual consent voluntary adoption registry for all adoptions arranged by the department or may contract out the function of establishing and maintaining the registry to a licensed voluntary agency with expertise in providing postlegal adoption services, in which case the agency shall establish and maintain the registry that would otherwise be operated by the department.

(c) The department shall keep records of every adult adoptee and birth parent reunited through the use of the mutual consent voluntary adoption registry.

Acts 1985, No. 957, § 6; A.S.A. 1947, § 56-143; Acts 1987, No. 1060, § 4; 2001, No. 409, § 2
Ark. Code Ann. § 9-14-807 — AR Code / Title 9 / Chapter 14 / Subchapter 8 / Section 9-14-807
Official payment record
Status: in_force

(a) In all cases mentioned in this subchapter wherein the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is charged with collection and distribution of child support, the payment records of the office shall constitute an official public record subject to the self-authentication provision of the Arkansas Rules of Evidence. (b) The child support payment record issued by the office and certified by an affidavit duly subscribed and sworn to before a notary public may be introduced in evidence in child support actions without calling an agent or employee of the office as a witness. (c) (1) (A) The office shall furnish the child support payment record, duly certified as set out in subsection (b) of this section, to a noncustodial parent or custodial parent in his or her child support case or cases, or to the attorney of record of the noncustodial or custodial parent, or to whomever the noncustodial parent, custodial parent, or his or her attorney of record directs, upon written request. (B) The request shall state the name of the noncustodial parent and custodial parent, the court docket number, and the Title IV-D numbers, when available. (2) The office may also furnish a certified child support payment record, as set out in subsection (b) of this section, to officers of the court and judges and for the purpose of facilitating the satisfaction of a judgment for child support, to abstractors and attorneys. Amended by Act 2019, No. 904,§ 13, eff. 1/1/2020. Acts 1995, No. 1344, § 7; 2003, No. 1020, § 18; 2003, No. 1177, § 1

(a) In all cases mentioned in this subchapter wherein the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is charged with collection and distribution of child support, the payment records of the office shall constitute an official public record subject to the self-authentication provision of the Arkansas Rules of Evidence.

(b) The child support payment record issued by the office and certified by an affidavit duly subscribed and sworn to before a notary public may be introduced in evidence in child support actions without calling an agent or employee of the office as a witness.

(c) (1) (A) The office shall furnish the child support payment record, duly certified as set out in subsection (b) of this section, to a noncustodial parent or custodial parent in his or her child support case or cases, or to the attorney of record of the noncustodial or custodial parent, or to whomever the noncustodial parent, custodial parent, or his or her attorney of record directs, upon written request. (B) The request shall state the name of the noncustodial parent and custodial parent, the court docket number, and the Title IV-D numbers, when available. (2) The office may also furnish a certified child support payment record, as set out in subsection (b) of this section, to officers of the court and judges and for the purpose of facilitating the satisfaction of a judgment for child support, to abstractors and attorneys.

(1) (A) The office shall furnish the child support payment record, duly certified as set out in subsection (b) of this section, to a noncustodial parent or custodial parent in his or her child support case or cases, or to the attorney of record of the noncustodial or custodial parent, or to whomever the noncustodial parent, custodial parent, or his or her attorney of record directs, upon written request. (B) The request shall state the name of the noncustodial parent and custodial parent, the court docket number, and the Title IV-D numbers, when available.

(A) The office shall furnish the child support payment record, duly certified as set out in subsection (b) of this section, to a noncustodial parent or custodial parent in his or her child support case or cases, or to the attorney of record of the noncustodial or custodial parent, or to whomever the noncustodial parent, custodial parent, or his or her attorney of record directs, upon written request.

(B) The request shall state the name of the noncustodial parent and custodial parent, the court docket number, and the Title IV-D numbers, when available.

(2) The office may also furnish a certified child support payment record, as set out in subsection (b) of this section, to officers of the court and judges and for the purpose of facilitating the satisfaction of a judgment for child support, to abstractors and attorneys.

Amended by Act 2019, No. 904,§ 13, eff. 1/1/2020.

Acts 1995, No. 1344, § 7; 2003, No. 1020, § 18; 2003, No. 1177, § 1
Ark. Code Ann. § 9-11-221 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-221
Certified copies of record as evidence
Status: in_force

The books of marriages and clerical credentials to be kept by the respective clerks and recorders and copies duly certified by the clerks and recorders shall be evidence in all the courts in this state. Rev. Stat., ch. 94, § 24; C. & M. Dig., § 7055; Pope's Dig., § 9035; A.S.A. 1947, § 55-230

The books of marriages and clerical credentials to be kept by the respective clerks and recorders and copies duly certified by the clerks and recorders shall be evidence in all the courts in this state.

Rev. Stat., ch. 94, § 24; C. & M. Dig., § 7055; Pope's Dig., § 9035; A.S.A. 1947, § 55-230
Ark. Code Ann. § 9-20-122 — AR Code / Title 9 / Chapter 20 / Section 9-20-122
Evaluation of prospective guardians
Status: in_force

(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may: (1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter; (2) Perform a criminal records check with the Identification Bureau of the Division of Arkansas State Police for convictions regarding violations under this subchapter; (3) Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment; (4) Request a check of the Adult and Long-term Care Facility Resident Maltreatment Central Registry or its equivalent in the state of residence; and (5) Perform an evaluation of the home or proposed dwelling for an adult in the Department of Human Services' custody. (b) Subsection (a) of this section applies to an individual who has: (1) Requested consideration to be appointed guardian under § 28-65-101 et seq., of an adult in the custody of the Department of Human Services; (2) Requested custody of an adult in the custody of the Department of Human Services; and (3) Petitioned a court of competent jurisdiction: (A) To be appointed guardian, under § 28-65-101 et seq.; or (B) For custody of an adult in the custody of the Department of Human Services. Acts 2011, No. 206, § 6

(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may: (1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter; (2) Perform a criminal records check with the Identification Bureau of the Division of Arkansas State Police for convictions regarding violations under this subchapter; (3) Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment; (4) Request a check of the Adult and Long-term Care Facility Resident Maltreatment Central Registry or its equivalent in the state of residence; and (5) Perform an evaluation of the home or proposed dwelling for an adult in the Department of Human Services' custody.

(1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter;

(2) Perform a criminal records check with the Identification Bureau of the Division of Arkansas State Police for convictions regarding violations under this subchapter;

(3) Check the Adult and Long-term Care Facility Resident Maltreatment Central Registry for previous true findings of adult maltreatment;

(4) Request a check of the Adult and Long-term Care Facility Resident Maltreatment Central Registry or its equivalent in the state of residence; and

(5) Perform an evaluation of the home or proposed dwelling for an adult in the Department of Human Services' custody.

(b) Subsection (a) of this section applies to an individual who has: (1) Requested consideration to be appointed guardian under § 28-65-101 et seq., of an adult in the custody of the Department of Human Services; (2) Requested custody of an adult in the custody of the Department of Human Services; and (3) Petitioned a court of competent jurisdiction: (A) To be appointed guardian, under § 28-65-101 et seq.; or (B) For custody of an adult in the custody of the Department of Human Services.

(1) Requested consideration to be appointed guardian under § 28-65-101 et seq., of an adult in the custody of the Department of Human Services;

(2) Requested custody of an adult in the custody of the Department of Human Services; and

(3) Petitioned a court of competent jurisdiction: (A) To be appointed guardian, under § 28-65-101 et seq.; or (B) For custody of an adult in the custody of the Department of Human Services.

(A) To be appointed guardian, under § 28-65-101 et seq.; or

(B) For custody of an adult in the custody of the Department of Human Services.

Acts 2011, No. 206, § 6
Ark. Code Ann. § 9-27-354 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-354
Progress reports on juveniles
Status: in_force

(a) (1) The court may order progress reports from a service provider whenever a juvenile is placed out of home and in a setting other than a Department of Human Services foster home. (2) The order shall: (A) Set forth the schedule for the progress reports; and (B) Identify the service provider responsible for submitting the progress reports. (3) The service provider shall be provided a copy of the written court order by: (A) Certified mail, restricted delivery; or (B) Process server. (4) Failure to follow the order of the court shall subject the service provider to contempt sanctions of the court. (b) A progress report shall include, but not be limited to the: (1) Reason for admission; (2) Projected length of stay; (3) Identified goals and objectives to be addressed during placement; (4) Progress of the juvenile in meeting goals and objectives; (5) Barriers to progress; (6) Significant behavioral disruptions and response of provider; and (7) Recommendations upon the juvenile's release. (c) The service provider shall immediately report any incidents concerning the juvenile's health or safety to: (1) The juvenile's attorney or attorney ad litem; and (2) The custodian of the juvenile. Acts 2003, No. 988, § 1

(a) (1) The court may order progress reports from a service provider whenever a juvenile is placed out of home and in a setting other than a Department of Human Services foster home. (2) The order shall: (A) Set forth the schedule for the progress reports; and (B) Identify the service provider responsible for submitting the progress reports. (3) The service provider shall be provided a copy of the written court order by: (A) Certified mail, restricted delivery; or (B) Process server. (4) Failure to follow the order of the court shall subject the service provider to contempt sanctions of the court.

(1) The court may order progress reports from a service provider whenever a juvenile is placed out of home and in a setting other than a Department of Human Services foster home.

(2) The order shall: (A) Set forth the schedule for the progress reports; and (B) Identify the service provider responsible for submitting the progress reports.

(A) Set forth the schedule for the progress reports; and

(B) Identify the service provider responsible for submitting the progress reports.

(3) The service provider shall be provided a copy of the written court order by: (A) Certified mail, restricted delivery; or (B) Process server.

(A) Certified mail, restricted delivery; or

(B) Process server.

(4) Failure to follow the order of the court shall subject the service provider to contempt sanctions of the court.

(b) A progress report shall include, but not be limited to the: (1) Reason for admission; (2) Projected length of stay; (3) Identified goals and objectives to be addressed during placement; (4) Progress of the juvenile in meeting goals and objectives; (5) Barriers to progress; (6) Significant behavioral disruptions and response of provider; and (7) Recommendations upon the juvenile's release.

(1) Reason for admission;

(2) Projected length of stay;

(3) Identified goals and objectives to be addressed during placement;

(4) Progress of the juvenile in meeting goals and objectives;

(5) Barriers to progress;

(6) Significant behavioral disruptions and response of provider; and

(7) Recommendations upon the juvenile's release.

(c) The service provider shall immediately report any incidents concerning the juvenile's health or safety to: (1) The juvenile's attorney or attorney ad litem; and (2) The custodian of the juvenile.

(1) The juvenile's attorney or attorney ad litem; and

(2) The custodian of the juvenile.

Acts 2003, No. 988, § 1
Ark. Code Ann. § 9-26-220 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-220
Termination of custodianship
Status: in_force

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) the minor's attainment of twenty-one (21) years of age with respect to custodial property transferred under § 9-26-204 or § 9-26-205 , except that any transferor may have custodial property transferred to the minor at any time after the age of eighteen (18) years and before twenty-one (21) years by a designation in the following words or their equivalent: "The custodian shall transfer this property to ............... (name of minor) when ............... (he or she) reaches the age of ............... (age, after eighteen (18) years and before twenty-one (21) years, at which transfer takes place)"; (2) the minor's attainment of age eighteen (18) years with respect to custodial property transferred under § 9-26-206 or § 9-26-207 ; or (3) the minor's death. Acts 1985, No. 476, § 20; A.S.A. 1947, § 50-953

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:

(1) the minor's attainment of twenty-one (21) years of age with respect to custodial property transferred under § 9-26-204 or § 9-26-205 , except that any transferor may have custodial property transferred to the minor at any time after the age of eighteen (18) years and before twenty-one (21) years by a designation in the following words or their equivalent: "The custodian shall transfer this property to ............... (name of minor) when ............... (he or she) reaches the age of ............... (age, after eighteen (18) years and before twenty-one (21) years, at which transfer takes place)";

(2) the minor's attainment of age eighteen (18) years with respect to custodial property transferred under § 9-26-206 or § 9-26-207 ; or

(3) the minor's death.

Acts 1985, No. 476, § 20; A.S.A. 1947, § 50-953
Ark. Code Ann. § 9-33-202 — AR Code / Title 9 / Chapter 33 / Subchapter 2 / Section 9-33-202
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 9, eff. 8/16/2013 Acts 1997, No. 745, § 2

Repealed by Act 2013, No. 1152,§ 9, eff. 8/16/2013

Acts 1997, No. 745, § 2
Ark. Code Ann. § 9-14-511 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-511
Notice to employer
Status: in_force

(a) Notice shall be sent to the employer or payor of the parent for whom income withholding for healthcare coverage has been ordered. (b) The notice may be served on the employer or payor as if it were a summons pursuant to Rule 4 of the Arkansas Rules of Civil Procedure or may be sent to the employer by any form of mail requiring a signed receipt. (c) The notice shall contain the following information: (1) The parent's name and Social Security number; (2) That the parent has been required to provide and maintain healthcare coverage for a dependent minor child; (3) The name, date of birth, and Social Security number for each child; (4) That the employer should complete the enrollment requirements with the assistance of the custodial parent, noncustodial parent, employee, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and begin withholding funds sufficient from the earnings due the parent to cover premiums for placing the minor child on the parent's healthcare coverage as provided by the employer and pay such funds so withheld to the insurer; (5) That withholding is binding on the payor for current and subsequent periods of employment or until further notice by the court or its representative; (6) That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source or healthcare coverage and shall provide the noncustodial parent's last known address and the name and address of any new employer or new healthcare coverage provider, if known, or both; (7) That the employer must implement healthcare coverage for the minor child immediately upon receipt of the notice without regard to any enrollment season restrictions; and (8) That the employer must not remove a minor child from enrollment for coverage unless: (A) The employer has received evidence in writing that the court or administrative order is no longer in effect; (B) The child is or will be enrolled in comparable healthcare coverage by the noncustodial parent that will take effect not later than the effective date of the disenrollment; or (C) The employer has eliminated family healthcare coverage for all of its employees. (d) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the office, § 9-14-516 shall apply. Acts 1991, No. 368, § 11; 1995, No. 1179, § 5; 2003, No. 1020, § 14

(a) Notice shall be sent to the employer or payor of the parent for whom income withholding for healthcare coverage has been ordered.

(b) The notice may be served on the employer or payor as if it were a summons pursuant to Rule 4 of the Arkansas Rules of Civil Procedure or may be sent to the employer by any form of mail requiring a signed receipt.

(c) The notice shall contain the following information: (1) The parent's name and Social Security number; (2) That the parent has been required to provide and maintain healthcare coverage for a dependent minor child; (3) The name, date of birth, and Social Security number for each child; (4) That the employer should complete the enrollment requirements with the assistance of the custodial parent, noncustodial parent, employee, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and begin withholding funds sufficient from the earnings due the parent to cover premiums for placing the minor child on the parent's healthcare coverage as provided by the employer and pay such funds so withheld to the insurer; (5) That withholding is binding on the payor for current and subsequent periods of employment or until further notice by the court or its representative; (6) That the payor must notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source or healthcare coverage and shall provide the noncustodial parent's last known address and the name and address of any new employer or new healthcare coverage provider, if known, or both; (7) That the employer must implement healthcare coverage for the minor child immediately upon receipt of the notice without regard to any enrollment season restrictions; and (8) That the employer must not remove a minor child from enrollment for coverage unless: (A) The employer has received evidence in writing that the court or administrative order is no longer in effect; (B) The child is or will be enrolled in comparable healthcare coverage by the noncustodial parent that will take effect not later than the effective date of the disenrollment; or (C) The employer has eliminated family healthcare coverage for all of its employees.

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

(2) That the parent has been required to provide and maintain healthcare coverage for a dependent minor child;

(3) The name, date of birth, and Social Security number for each child;

(4) That the employer should complete the enrollment requirements with the assistance of the custodial parent, noncustodial parent, employee, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and begin withholding funds sufficient from the earnings due the parent to cover premiums for placing the minor child on the parent's healthcare coverage as provided by the employer and pay such funds so withheld to the insurer;

(5) That withholding is binding on the payor for current and subsequent periods of employment or until further notice by the court or its representative;

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

(7) That the employer must implement healthcare coverage for the minor child immediately upon receipt of the notice without regard to any enrollment season restrictions; and

(8) That the employer must not remove a minor child from enrollment for coverage unless: (A) The employer has received evidence in writing that the court or administrative order is no longer in effect; (B) The child is or will be enrolled in comparable healthcare coverage by the noncustodial parent that will take effect not later than the effective date of the disenrollment; or (C) The employer has eliminated family healthcare coverage for all of its employees.

(A) The employer has received evidence in writing that the court or administrative order is no longer in effect;

(B) The child is or will be enrolled in comparable healthcare coverage by the noncustodial parent that will take effect not later than the effective date of the disenrollment; or

(C) The employer has eliminated family healthcare coverage for all of its employees.

(d) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the office, § 9-14-516 shall apply.

Acts 1991, No. 368, § 11; 1995, No. 1179, § 5; 2003, No. 1020, § 14
Ark. Code Ann. § 9-13-405 — AR Code / Title 9 / Chapter 13 / Subchapter 4 / Section 9-13-405
Abduction risk factors
Status: in_force

(a) To determine if there is a risk of international child abduction, the court shall consider: (1) (A) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has committed international child abduction as defined in § 9-13-402(6) . (B) In defense of this factor, the parent or custodian may establish that he or she had a good faith belief that his or her conduct was necessary to avoid imminent harm to the child; (2) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has threatened to commit the act of international child abduction as defined in § 9-13-402(6) ; (3) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has attempted to commit the act of international child abduction as defined in § 9-13-402(6) ; (4) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has taken a step that constitutes an overt act toward the accomplishment of international child abduction as defined in § 9-13-402(6) ; (5) (A) Whether the parent or custodian lacks a financial reason to stay in the United States. (B) Evidence of this factor shall include, but not be limited to, evidence that the parent or custodian is: (i) Financially independent; (ii) Able to work outside of the United States; or (iii) Unemployed; (6) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has recently engaged in activities that could facilitate the removal of the child from the United States by the parent or custodian, including, but not limited to: (A) Quitting a job; (B) Selling a primary residence; (C) Terminating a lease; (D) Closing bank accounts; (E) Liquidating other assets; (F) Hiding or destroying documents; (G) Applying for a passport or visa for the parent, custodian, or child; (H) Applying to obtain birth certificate, school records, or medical records of the child; (I) Making travel arrangements for the parent, custodian, or child; or (J) Purchasing airline, railway, cruise ship, or other travel tickets for the parent, custodian, or child; (7) Whether the parent or custodian has a history of: (A) Child abuse; (B) Domestic violence; (C) Marital instability; or (D) Not cooperating with the other parent or custodian; (8) Whether the parent or custodian has a criminal history; (9) Whether the parent or custodian has a history of violating court orders; (10) Whether the parent or custodian: (A) Has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and (B) Lacks strong ties to the United States, regardless of whether the parent or custodian is a citizen or permanent resident of the United States; or (11) Any other factor that the court finds to be relevant to the determination of the risk for international child abduction. (b) If the court finds that there is credible evidence of a risk of international child abduction based on the court's consideration of the factors in subsection (a) of this section, then the court shall also consider evidence regarding the following factors to evaluate the risk of international child abduction: (1) Whether the parent or custodian is undergoing a change in status with the United States Citizenship and Immigration Services that would adversely affect his or her ability to remain legally in the United States; (2) Whether the parent's or custodian's application for United States citizenship has been denied by the United States Citizenship and Immigration Services; (3) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has forged or presented misleading or false evidence to obtain a visa, a passport, a Social Security card, or any other identification card or has made any misrepresentations to the United States Government; or (4) Whether the foreign country to which the parent or custodian has ties: (A) Presents obstacles to the recovery and return of a child who is abducted to that country from the United States; (B) Has no legal mechanisms for immediately and effectively enforcing an order issued by a court of this state regarding the possession of or access to the child; (C) Has laws or practices that would: (i) Enable the parent, custodian, or any person acting on behalf of the parent or custodian to obtain registration of the child with the country for the purposes of citizenship or for other purposes; (ii) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to obtain for the child a passport or other travel documents from the country; (iii) Allow entry of the child into the country without a passport or other travel documents; (iv) Bestow nationality of the country on the child through automatic acquisition or other means; (v) Not recognize, accept, or allow dual nationality of citizens of the country; (vi) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to prevent the child's other parent or custodian from contacting the child without due cause; (vii) Restrict the child's other parent or custodian from freely traveling to or exiting from the country because of that parent's or custodian's gender, nationality, or religion; or (viii) Restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) Is included by the United States Department of State on a list of state sponsors of terrorism; (E) Is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) Does not have an embassy of the United States in the country; (G) Is engaged in any active military action or war, including a civil war; (H) Is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction, according to the most recent report on compliance issued by the United States Department of State; (I) Does not provide for the extradition of a perpetrator of international child abduction or the return of the child to the United States; or (J) Poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations that are being committed against children. Acts 2005, No. 170, § 1

(a) To determine if there is a risk of international child abduction, the court shall consider: (1) (A) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has committed international child abduction as defined in § 9-13-402(6) . (B) In defense of this factor, the parent or custodian may establish that he or she had a good faith belief that his or her conduct was necessary to avoid imminent harm to the child; (2) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has threatened to commit the act of international child abduction as defined in § 9-13-402(6) ; (3) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has attempted to commit the act of international child abduction as defined in § 9-13-402(6) ; (4) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has taken a step that constitutes an overt act toward the accomplishment of international child abduction as defined in § 9-13-402(6) ; (5) (A) Whether the parent or custodian lacks a financial reason to stay in the United States. (B) Evidence of this factor shall include, but not be limited to, evidence that the parent or custodian is: (i) Financially independent; (ii) Able to work outside of the United States; or (iii) Unemployed; (6) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has recently engaged in activities that could facilitate the removal of the child from the United States by the parent or custodian, including, but not limited to: (A) Quitting a job; (B) Selling a primary residence; (C) Terminating a lease; (D) Closing bank accounts; (E) Liquidating other assets; (F) Hiding or destroying documents; (G) Applying for a passport or visa for the parent, custodian, or child; (H) Applying to obtain birth certificate, school records, or medical records of the child; (I) Making travel arrangements for the parent, custodian, or child; or (J) Purchasing airline, railway, cruise ship, or other travel tickets for the parent, custodian, or child; (7) Whether the parent or custodian has a history of: (A) Child abuse; (B) Domestic violence; (C) Marital instability; or (D) Not cooperating with the other parent or custodian; (8) Whether the parent or custodian has a criminal history; (9) Whether the parent or custodian has a history of violating court orders; (10) Whether the parent or custodian: (A) Has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and (B) Lacks strong ties to the United States, regardless of whether the parent or custodian is a citizen or permanent resident of the United States; or (11) Any other factor that the court finds to be relevant to the determination of the risk for international child abduction.

(1) (A) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has committed international child abduction as defined in § 9-13-402(6) . (B) In defense of this factor, the parent or custodian may establish that he or she had a good faith belief that his or her conduct was necessary to avoid imminent harm to the child;

(A) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has committed international child abduction as defined in § 9-13-402(6) .

(B) In defense of this factor, the parent or custodian may establish that he or she had a good faith belief that his or her conduct was necessary to avoid imminent harm to the child;

(2) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has threatened to commit the act of international child abduction as defined in § 9-13-402(6) ;

(3) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has attempted to commit the act of international child abduction as defined in § 9-13-402(6) ;

(4) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has taken a step that constitutes an overt act toward the accomplishment of international child abduction as defined in § 9-13-402(6) ;

(5) (A) Whether the parent or custodian lacks a financial reason to stay in the United States. (B) Evidence of this factor shall include, but not be limited to, evidence that the parent or custodian is: (i) Financially independent; (ii) Able to work outside of the United States; or (iii) Unemployed;

(A) Whether the parent or custodian lacks a financial reason to stay in the United States.

(B) Evidence of this factor shall include, but not be limited to, evidence that the parent or custodian is: (i) Financially independent; (ii) Able to work outside of the United States; or (iii) Unemployed;

(i) Financially independent;

(ii) Able to work outside of the United States; or

(iii) Unemployed;

(6) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has recently engaged in activities that could facilitate the removal of the child from the United States by the parent or custodian, including, but not limited to: (A) Quitting a job; (B) Selling a primary residence; (C) Terminating a lease; (D) Closing bank accounts; (E) Liquidating other assets; (F) Hiding or destroying documents; (G) Applying for a passport or visa for the parent, custodian, or child; (H) Applying to obtain birth certificate, school records, or medical records of the child; (I) Making travel arrangements for the parent, custodian, or child; or (J) Purchasing airline, railway, cruise ship, or other travel tickets for the parent, custodian, or child;

(A) Quitting a job;

(B) Selling a primary residence;

(C) Terminating a lease;

(D) Closing bank accounts;

(E) Liquidating other assets;

(F) Hiding or destroying documents;

(G) Applying for a passport or visa for the parent, custodian, or child;

(H) Applying to obtain birth certificate, school records, or medical records of the child;

(I) Making travel arrangements for the parent, custodian, or child; or

(J) Purchasing airline, railway, cruise ship, or other travel tickets for the parent, custodian, or child;

(7) Whether the parent or custodian has a history of: (A) Child abuse; (B) Domestic violence; (C) Marital instability; or (D) Not cooperating with the other parent or custodian;

(A) Child abuse;

(B) Domestic violence;

(C) Marital instability; or

(D) Not cooperating with the other parent or custodian;

(8) Whether the parent or custodian has a criminal history;

(9) Whether the parent or custodian has a history of violating court orders;

(10) Whether the parent or custodian: (A) Has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and (B) Lacks strong ties to the United States, regardless of whether the parent or custodian is a citizen or permanent resident of the United States; or

(A) Has strong familial, emotional, or cultural ties to another country, particularly a country that is not a signatory to or compliant with the Hague Convention on the Civil Aspects of International Child Abduction; and

(B) Lacks strong ties to the United States, regardless of whether the parent or custodian is a citizen or permanent resident of the United States; or

(11) Any other factor that the court finds to be relevant to the determination of the risk for international child abduction.

(b) If the court finds that there is credible evidence of a risk of international child abduction based on the court's consideration of the factors in subsection (a) of this section, then the court shall also consider evidence regarding the following factors to evaluate the risk of international child abduction: (1) Whether the parent or custodian is undergoing a change in status with the United States Citizenship and Immigration Services that would adversely affect his or her ability to remain legally in the United States; (2) Whether the parent's or custodian's application for United States citizenship has been denied by the United States Citizenship and Immigration Services; (3) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has forged or presented misleading or false evidence to obtain a visa, a passport, a Social Security card, or any other identification card or has made any misrepresentations to the United States Government; or (4) Whether the foreign country to which the parent or custodian has ties: (A) Presents obstacles to the recovery and return of a child who is abducted to that country from the United States; (B) Has no legal mechanisms for immediately and effectively enforcing an order issued by a court of this state regarding the possession of or access to the child; (C) Has laws or practices that would: (i) Enable the parent, custodian, or any person acting on behalf of the parent or custodian to obtain registration of the child with the country for the purposes of citizenship or for other purposes; (ii) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to obtain for the child a passport or other travel documents from the country; (iii) Allow entry of the child into the country without a passport or other travel documents; (iv) Bestow nationality of the country on the child through automatic acquisition or other means; (v) Not recognize, accept, or allow dual nationality of citizens of the country; (vi) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to prevent the child's other parent or custodian from contacting the child without due cause; (vii) Restrict the child's other parent or custodian from freely traveling to or exiting from the country because of that parent's or custodian's gender, nationality, or religion; or (viii) Restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) Is included by the United States Department of State on a list of state sponsors of terrorism; (E) Is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) Does not have an embassy of the United States in the country; (G) Is engaged in any active military action or war, including a civil war; (H) Is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction, according to the most recent report on compliance issued by the United States Department of State; (I) Does not provide for the extradition of a perpetrator of international child abduction or the return of the child to the United States; or (J) Poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations that are being committed against children.

(1) Whether the parent or custodian is undergoing a change in status with the United States Citizenship and Immigration Services that would adversely affect his or her ability to remain legally in the United States;

(2) Whether the parent's or custodian's application for United States citizenship has been denied by the United States Citizenship and Immigration Services;

(3) Whether the parent, custodian, or anyone acting on behalf of the parent or custodian has forged or presented misleading or false evidence to obtain a visa, a passport, a Social Security card, or any other identification card or has made any misrepresentations to the United States Government; or

(4) Whether the foreign country to which the parent or custodian has ties: (A) Presents obstacles to the recovery and return of a child who is abducted to that country from the United States; (B) Has no legal mechanisms for immediately and effectively enforcing an order issued by a court of this state regarding the possession of or access to the child; (C) Has laws or practices that would: (i) Enable the parent, custodian, or any person acting on behalf of the parent or custodian to obtain registration of the child with the country for the purposes of citizenship or for other purposes; (ii) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to obtain for the child a passport or other travel documents from the country; (iii) Allow entry of the child into the country without a passport or other travel documents; (iv) Bestow nationality of the country on the child through automatic acquisition or other means; (v) Not recognize, accept, or allow dual nationality of citizens of the country; (vi) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to prevent the child's other parent or custodian from contacting the child without due cause; (vii) Restrict the child's other parent or custodian from freely traveling to or exiting from the country because of that parent's or custodian's gender, nationality, or religion; or (viii) Restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion; (D) Is included by the United States Department of State on a list of state sponsors of terrorism; (E) Is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country; (F) Does not have an embassy of the United States in the country; (G) Is engaged in any active military action or war, including a civil war; (H) Is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction, according to the most recent report on compliance issued by the United States Department of State; (I) Does not provide for the extradition of a perpetrator of international child abduction or the return of the child to the United States; or (J) Poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations that are being committed against children.

(A) Presents obstacles to the recovery and return of a child who is abducted to that country from the United States;

(B) Has no legal mechanisms for immediately and effectively enforcing an order issued by a court of this state regarding the possession of or access to the child;

(C) Has laws or practices that would: (i) Enable the parent, custodian, or any person acting on behalf of the parent or custodian to obtain registration of the child with the country for the purposes of citizenship or for other purposes; (ii) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to obtain for the child a passport or other travel documents from the country; (iii) Allow entry of the child into the country without a passport or other travel documents; (iv) Bestow nationality of the country on the child through automatic acquisition or other means; (v) Not recognize, accept, or allow dual nationality of citizens of the country; (vi) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to prevent the child's other parent or custodian from contacting the child without due cause; (vii) Restrict the child's other parent or custodian from freely traveling to or exiting from the country because of that parent's or custodian's gender, nationality, or religion; or (viii) Restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion;

(i) Enable the parent, custodian, or any person acting on behalf of the parent or custodian to obtain registration of the child with the country for the purposes of citizenship or for other purposes;

(ii) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to obtain for the child a passport or other travel documents from the country;

(iii) Allow entry of the child into the country without a passport or other travel documents;

(iv) Bestow nationality of the country on the child through automatic acquisition or other means;

(v) Not recognize, accept, or allow dual nationality of citizens of the country;

(vi) Enable the parent, custodian, or any person acting on the behalf of the parent or custodian to prevent the child's other parent or custodian from contacting the child without due cause;

(vii) Restrict the child's other parent or custodian from freely traveling to or exiting from the country because of that parent's or custodian's gender, nationality, or religion; or

(viii) Restrict the child's ability to legally leave the country after the child reaches the age of majority because of the child's gender, nationality, or religion;

(D) Is included by the United States Department of State on a list of state sponsors of terrorism;

(E) Is a country for which the United States Department of State has issued a travel warning to United States citizens regarding travel to the country;

(F) Does not have an embassy of the United States in the country;

(G) Is engaged in any active military action or war, including a civil war;

(H) Is a party to and compliant with the Hague Convention on the Civil Aspects of International Child Abduction, according to the most recent report on compliance issued by the United States Department of State;

(I) Does not provide for the extradition of a perpetrator of international child abduction or the return of the child to the United States; or

(J) Poses a risk that the child's physical health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations that are being committed against children.

Acts 2005, No. 170, § 1
Ark. Code Ann. § 9-28-603 — AR Code / Title 9 / Chapter 28 / Subchapter 6 / Section 9-28-603
Establishment
Status: in_force

(a) The Division of Youth Services will issue requests for proposals for contracts for the establishment of independent living programs. (b) The programs shall: (1) Provide case management, adult supervision, and treatment services for participant youths, as outlined in an individual case plan; (2) Provide a continuum of treatment services in order to enable youths to be increasingly less dependent on public institutions and ultimately to live successfully without adult supervision; (3) Establish a minimum of ten (10) independent living programs within Arkansas; (4) Maintain a record of all services provided in individual client files; (5) Gather follow-up data on all participants for a minimum of three (3) years after termination of services for evaluation purposes; and (6) Provide an annual report to the division and the Senate Interim Committee on Children and Youth and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing outcome data in areas related to educational achievement, employment, and criminal justice contact of the participants and other information as requested by the division. Acts 1995, No. 1113, § 3; 1997, No. 312 § 3; 1997, No. 885, § 2

(a) The Division of Youth Services will issue requests for proposals for contracts for the establishment of independent living programs.

(b) The programs shall: (1) Provide case management, adult supervision, and treatment services for participant youths, as outlined in an individual case plan; (2) Provide a continuum of treatment services in order to enable youths to be increasingly less dependent on public institutions and ultimately to live successfully without adult supervision; (3) Establish a minimum of ten (10) independent living programs within Arkansas; (4) Maintain a record of all services provided in individual client files; (5) Gather follow-up data on all participants for a minimum of three (3) years after termination of services for evaluation purposes; and (6) Provide an annual report to the division and the Senate Interim Committee on Children and Youth and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing outcome data in areas related to educational achievement, employment, and criminal justice contact of the participants and other information as requested by the division.

(1) Provide case management, adult supervision, and treatment services for participant youths, as outlined in an individual case plan;

(2) Provide a continuum of treatment services in order to enable youths to be increasingly less dependent on public institutions and ultimately to live successfully without adult supervision;

(3) Establish a minimum of ten (10) independent living programs within Arkansas;

(4) Maintain a record of all services provided in individual client files;

(5) Gather follow-up data on all participants for a minimum of three (3) years after termination of services for evaluation purposes; and

(6) Provide an annual report to the division and the Senate Interim Committee on Children and Youth and the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing outcome data in areas related to educational achievement, employment, and criminal justice contact of the participants and other information as requested by the division.

Acts 1995, No. 1113, § 3; 1997, No. 312 § 3; 1997, No. 885, § 2
Ark. Code Ann. § 9-11-203 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-203
Issuance by clerks
Status: in_force

(a) The clerks of the county courts of the several counties in this state are required to furnish the license upon: (1) Application's being made; (2) Being fully assured that applicants are lawfully entitled to the license; and (3) Receipt of his or her fee. (b) It shall be lawful for clerks of the circuit courts to issue marriage licenses in counties having two (2) judicial districts. (c) (1) In addition to the standard certificate of marriage issued under subsection (a) of this section, the county clerk shall offer and, upon payment of a fee established by rule promulgated by the Department of Human Services, issue an heirloom certificate of marriage. (2) (A) The department shall adopt rules for the design of the heirloom certificate and shall print and distribute the certificates to each county clerk in this state. (B) (i) The department shall set the amount of the fee for the heirloom certificates to exceed the estimated actual costs for the development and distribution of the certificates but not to exceed the estimated fair market value of a comparable artistic rendition. (ii) The fee is in addition to any other fee established by law for the issuance of a certificate of marriage. (iii) The additional fees from the sale of heirloom certificates shall be transmitted monthly by the county clerk to the Treasurer of State for deposit into the State Treasury to the credit of the Children's Trust Fund. (3) (A) The heirloom certificate shall be in a form consistent with the need to protect the integrity of vital records and suitable for display. (B) It may bear the seal of the state and may be signed by the Governor. (4) An heirloom certificate of marriage issued under this subsection has the same status as evidence as the standard certificate of marriage issued under subsection (a) of this section. (5) Heirloom certificates of marriage may be issued for any marriage certificate issued at any time in this state, whether before or after August 13, 2001. (d) It is not a requirement that a marriage license be signed by a county clerk for the license to be effective. Amended by Act 2017, No. 897,§ 2, eff. 7/1/2017 Amended by Act 2015, No. 1127,§ 2, eff. 7/22/2015 Acts 1875, No. 127, § 2, p. 260; 1901, No. 123, § 1, p. 194; C. & M. Dig., §§ 7058, 7059; Pope's Dig., §§ 9040, 9041; A.S.A. 1947, §§ 55-202, 55-203; Acts 2001, No. 968, § 1

(a) The clerks of the county courts of the several counties in this state are required to furnish the license upon: (1) Application's being made; (2) Being fully assured that applicants are lawfully entitled to the license; and (3) Receipt of his or her fee.

(1) Application's being made;

(2) Being fully assured that applicants are lawfully entitled to the license; and

(3) Receipt of his or her fee.

(b) It shall be lawful for clerks of the circuit courts to issue marriage licenses in counties having two (2) judicial districts.

(c) (1) In addition to the standard certificate of marriage issued under subsection (a) of this section, the county clerk shall offer and, upon payment of a fee established by rule promulgated by the Department of Human Services, issue an heirloom certificate of marriage. (2) (A) The department shall adopt rules for the design of the heirloom certificate and shall print and distribute the certificates to each county clerk in this state. (B) (i) The department shall set the amount of the fee for the heirloom certificates to exceed the estimated actual costs for the development and distribution of the certificates but not to exceed the estimated fair market value of a comparable artistic rendition. (ii) The fee is in addition to any other fee established by law for the issuance of a certificate of marriage. (iii) The additional fees from the sale of heirloom certificates shall be transmitted monthly by the county clerk to the Treasurer of State for deposit into the State Treasury to the credit of the Children's Trust Fund. (3) (A) The heirloom certificate shall be in a form consistent with the need to protect the integrity of vital records and suitable for display. (B) It may bear the seal of the state and may be signed by the Governor. (4) An heirloom certificate of marriage issued under this subsection has the same status as evidence as the standard certificate of marriage issued under subsection (a) of this section. (5) Heirloom certificates of marriage may be issued for any marriage certificate issued at any time in this state, whether before or after August 13, 2001.

(1) In addition to the standard certificate of marriage issued under subsection (a) of this section, the county clerk shall offer and, upon payment of a fee established by rule promulgated by the Department of Human Services, issue an heirloom certificate of marriage.

(2) (A) The department shall adopt rules for the design of the heirloom certificate and shall print and distribute the certificates to each county clerk in this state. (B) (i) The department shall set the amount of the fee for the heirloom certificates to exceed the estimated actual costs for the development and distribution of the certificates but not to exceed the estimated fair market value of a comparable artistic rendition. (ii) The fee is in addition to any other fee established by law for the issuance of a certificate of marriage. (iii) The additional fees from the sale of heirloom certificates shall be transmitted monthly by the county clerk to the Treasurer of State for deposit into the State Treasury to the credit of the Children's Trust Fund.

(A) The department shall adopt rules for the design of the heirloom certificate and shall print and distribute the certificates to each county clerk in this state.

(B) (i) The department shall set the amount of the fee for the heirloom certificates to exceed the estimated actual costs for the development and distribution of the certificates but not to exceed the estimated fair market value of a comparable artistic rendition. (ii) The fee is in addition to any other fee established by law for the issuance of a certificate of marriage. (iii) The additional fees from the sale of heirloom certificates shall be transmitted monthly by the county clerk to the Treasurer of State for deposit into the State Treasury to the credit of the Children's Trust Fund.

(i) The department shall set the amount of the fee for the heirloom certificates to exceed the estimated actual costs for the development and distribution of the certificates but not to exceed the estimated fair market value of a comparable artistic rendition.

(ii) The fee is in addition to any other fee established by law for the issuance of a certificate of marriage.

(iii) The additional fees from the sale of heirloom certificates shall be transmitted monthly by the county clerk to the Treasurer of State for deposit into the State Treasury to the credit of the Children's Trust Fund.

(3) (A) The heirloom certificate shall be in a form consistent with the need to protect the integrity of vital records and suitable for display. (B) It may bear the seal of the state and may be signed by the Governor.

(A) The heirloom certificate shall be in a form consistent with the need to protect the integrity of vital records and suitable for display.

(B) It may bear the seal of the state and may be signed by the Governor.

(4) An heirloom certificate of marriage issued under this subsection has the same status as evidence as the standard certificate of marriage issued under subsection (a) of this section.

(5) Heirloom certificates of marriage may be issued for any marriage certificate issued at any time in this state, whether before or after August 13, 2001.

(d) It is not a requirement that a marriage license be signed by a county clerk for the license to be effective.

Amended by Act 2017, No. 897,§ 2, eff. 7/1/2017

Amended by Act 2015, No. 1127,§ 2, eff. 7/22/2015

Acts 1875, No. 127, § 2, p. 260; 1901, No. 123, § 1, p. 194; C. & M. Dig., §§ 7058, 7059; Pope's Dig., §§ 9040, 9041; A.S.A. 1947, §§ 55-202, 55-203; Acts 2001, No. 968, § 1
Ark. Code Ann. § 9-12-322 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-322
Divorcing parents to attend parenting class
Status: in_force

(a) When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a decree of divorce, may require the parties to: (1) Complete at least two (2) hours of classes concerning parenting issues faced by divorced parents; or (2) Submit to mediation in regard to addressing parenting, custody, and visitation issues. (b) Each party shall be responsible for his or her cost of attending classes or mediation. (c) The parties may: (1) Choose a mediator from a list provided by the judge of those mediators who have met the Arkansas Alternative Dispute Resolution Commission's requirement guidelines for inclusion on a court-connected mediation roster; or (2) Select a mediator not on the roster, if approved by the judge. (d) A party may move to dispense with the referral to mediation for good cause shown. Acts 1999, No. 704, § 1; 2001, No. 198, § 1

(a) When the parties to a divorce action have minor children residing with one (1) or both parents, the court, prior to or after entering a decree of divorce, may require the parties to: (1) Complete at least two (2) hours of classes concerning parenting issues faced by divorced parents; or (2) Submit to mediation in regard to addressing parenting, custody, and visitation issues.

(1) Complete at least two (2) hours of classes concerning parenting issues faced by divorced parents; or

(2) Submit to mediation in regard to addressing parenting, custody, and visitation issues.

(b) Each party shall be responsible for his or her cost of attending classes or mediation.

(c) The parties may: (1) Choose a mediator from a list provided by the judge of those mediators who have met the Arkansas Alternative Dispute Resolution Commission's requirement guidelines for inclusion on a court-connected mediation roster; or (2) Select a mediator not on the roster, if approved by the judge.

(1) Choose a mediator from a list provided by the judge of those mediators who have met the Arkansas Alternative Dispute Resolution Commission's requirement guidelines for inclusion on a court-connected mediation roster; or

(2) Select a mediator not on the roster, if approved by the judge.

(d) A party may move to dispense with the referral to mediation for good cause shown.

Acts 1999, No. 704, § 1; 2001, No. 198, § 1
Ark. Code Ann. § 9-28-216 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-216
Separation of juvenile offenders - Rules - Review
Status: in_force

(a) The Division of Youth Services shall promulgate rules to require the separation of juvenile offenders committed to a facility operated by the division based upon: (1) The age of the juvenile offender; (2) The seriousness of the crime or crimes committed by the juvenile offender; or (3) Whether the juvenile offender has been adjudicated delinquent of a sex offense as defined under § 12-12-903 . (b) No rule pertaining to the separation of juvenile offenders promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth, or appropriate subcommittees thereof, of the General Assembly. Amended by Act 2019, No. 315,§ 721, eff. 7/24/2019. Acts 1999, No. 1030, § 1

(a) The Division of Youth Services shall promulgate rules to require the separation of juvenile offenders committed to a facility operated by the division based upon: (1) The age of the juvenile offender; (2) The seriousness of the crime or crimes committed by the juvenile offender; or (3) Whether the juvenile offender has been adjudicated delinquent of a sex offense as defined under § 12-12-903 .

(1) The age of the juvenile offender;

(2) The seriousness of the crime or crimes committed by the juvenile offender; or

(3) Whether the juvenile offender has been adjudicated delinquent of a sex offense as defined under § 12-12-903 .

(b) No rule pertaining to the separation of juvenile offenders promulgated hereafter by the division shall be effective until reviewed by the Legislative Council, the House Committee on Aging, Children and Youth, Legislative and Military Affairs, and the Senate Interim Committee on Children and Youth, or appropriate subcommittees thereof, of the General Assembly.

Amended by Act 2019, No. 315,§ 721, eff. 7/24/2019.

Acts 1999, No. 1030, § 1
Ark. Code Ann. § 9-28-704 — AR Code / Title 9 / Chapter 28 / Subchapter 7 / Section 9-28-704
Contracts with community-based providers
Status: in_force

(a) Each new professional or consultant service contract over twenty-five thousand dollars ($25,000) of the Division of Youth Services with a community-based provider shall be filed for review with the Legislative Council or the Joint Budget Committee if the General Assembly is in session at least thirty (30) days before the execution date of the contract. (b) Before a professional or consultant service contract with a community-based provider is modified or amended, the division shall: (1) Notify the community-based provider of the proposed modification or amendment at least forty-five (45) days before the contract modification or amendment is executed, unless notice is waived by the community-based provider in writing; (2) Post a notification of the proposed modification or amendment on the website of the Department of Human Services, on the section of the website related to procurement, at least forty-five (45) days before the execution date of the contract; (3) Provide the community-based provider an opportunity to comment on the proposed modification or amendment; and (4) File the proposed contract modification or amendment and all community-based provider comments submitted with the Legislative Council or to the Joint Budget Committee if the General Assembly is in session at least thirty (30) days before the contract modification or amendment is executed. Amended by Act 2013, No. 1258,§ 1, eff. 8/16/2013 Added by Act 2013, No. 321,§ 1, eff. 8/16/2013

(a) Each new professional or consultant service contract over twenty-five thousand dollars ($25,000) of the Division of Youth Services with a community-based provider shall be filed for review with the Legislative Council or the Joint Budget Committee if the General Assembly is in session at least thirty (30) days before the execution date of the contract.

(b) Before a professional or consultant service contract with a community-based provider is modified or amended, the division shall: (1) Notify the community-based provider of the proposed modification or amendment at least forty-five (45) days before the contract modification or amendment is executed, unless notice is waived by the community-based provider in writing; (2) Post a notification of the proposed modification or amendment on the website of the Department of Human Services, on the section of the website related to procurement, at least forty-five (45) days before the execution date of the contract; (3) Provide the community-based provider an opportunity to comment on the proposed modification or amendment; and (4) File the proposed contract modification or amendment and all community-based provider comments submitted with the Legislative Council or to the Joint Budget Committee if the General Assembly is in session at least thirty (30) days before the contract modification or amendment is executed.

(1) Notify the community-based provider of the proposed modification or amendment at least forty-five (45) days before the contract modification or amendment is executed, unless notice is waived by the community-based provider in writing;

(2) Post a notification of the proposed modification or amendment on the website of the Department of Human Services, on the section of the website related to procurement, at least forty-five (45) days before the execution date of the contract;

(3) Provide the community-based provider an opportunity to comment on the proposed modification or amendment; and

(4) File the proposed contract modification or amendment and all community-based provider comments submitted with the Legislative Council or to the Joint Budget Committee if the General Assembly is in session at least thirty (30) days before the contract modification or amendment is executed.

Amended by Act 2013, No. 1258,§ 1, eff. 8/16/2013

Added by Act 2013, No. 321,§ 1, eff. 8/16/2013
Ark. Code Ann. § 9-3-118 — AR Code / Title 9 / Chapter 3 / Section 9-3-118
Clerk's fees - Deposits for witness expenses
Status: in_force

(a) (1) The clerk of the court exercising jurisdiction in matters provided for under this chapter shall charge, collect, and account for the following fees in each proceeding: (A) For receiving and filing a declaration of intention and issuing a duplicate, five dollars ($5.00); (B) For making, filing, and docketing the petition of a person petitioning for admission under this chapter as a resident domiciled in the State of Arkansas and for the final hearing, twenty-five dollars ($25.00); and (C) For entering the final order and issuing certificate of residence and domicile thereunder, if granted, twenty-five dollars ($25.00). (2) The fees collected by the clerk of the court in the residence and domicile proceeding shall be paid into the county general fund. (b) (1) In addition to the fees required by this section and upon the filing of the petition to become a resident domiciled in the State of Arkansas, the petitioner shall deposit with, and pay to, the clerk of the court a sum of money sufficient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he or she may request a subpoena. (2) Upon the final discharge of the witnesses, the witnesses shall receive, if they demand from the clerk, the customary and usual fees from the moneys that the petitioner shall have paid to the clerk for such purposes. The residue, if any, shall be returned by the clerk to the petitioner. Acts 1941, No. 355, § 19; A.S.A. 1947, § 34-1319

(a) (1) The clerk of the court exercising jurisdiction in matters provided for under this chapter shall charge, collect, and account for the following fees in each proceeding: (A) For receiving and filing a declaration of intention and issuing a duplicate, five dollars ($5.00); (B) For making, filing, and docketing the petition of a person petitioning for admission under this chapter as a resident domiciled in the State of Arkansas and for the final hearing, twenty-five dollars ($25.00); and (C) For entering the final order and issuing certificate of residence and domicile thereunder, if granted, twenty-five dollars ($25.00). (2) The fees collected by the clerk of the court in the residence and domicile proceeding shall be paid into the county general fund.

(1) The clerk of the court exercising jurisdiction in matters provided for under this chapter shall charge, collect, and account for the following fees in each proceeding: (A) For receiving and filing a declaration of intention and issuing a duplicate, five dollars ($5.00); (B) For making, filing, and docketing the petition of a person petitioning for admission under this chapter as a resident domiciled in the State of Arkansas and for the final hearing, twenty-five dollars ($25.00); and (C) For entering the final order and issuing certificate of residence and domicile thereunder, if granted, twenty-five dollars ($25.00).

(A) For receiving and filing a declaration of intention and issuing a duplicate, five dollars ($5.00);

(B) For making, filing, and docketing the petition of a person petitioning for admission under this chapter as a resident domiciled in the State of Arkansas and for the final hearing, twenty-five dollars ($25.00); and

(C) For entering the final order and issuing certificate of residence and domicile thereunder, if granted, twenty-five dollars ($25.00).

(2) The fees collected by the clerk of the court in the residence and domicile proceeding shall be paid into the county general fund.

(b) (1) In addition to the fees required by this section and upon the filing of the petition to become a resident domiciled in the State of Arkansas, the petitioner shall deposit with, and pay to, the clerk of the court a sum of money sufficient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he or she may request a subpoena. (2) Upon the final discharge of the witnesses, the witnesses shall receive, if they demand from the clerk, the customary and usual fees from the moneys that the petitioner shall have paid to the clerk for such purposes. The residue, if any, shall be returned by the clerk to the petitioner.

(1) In addition to the fees required by this section and upon the filing of the petition to become a resident domiciled in the State of Arkansas, the petitioner shall deposit with, and pay to, the clerk of the court a sum of money sufficient to cover the expenses of subpoenaing and paying the legal fees of any witnesses for whom he or she may request a subpoena.

(2) Upon the final discharge of the witnesses, the witnesses shall receive, if they demand from the clerk, the customary and usual fees from the moneys that the petitioner shall have paid to the clerk for such purposes. The residue, if any, shall be returned by the clerk to the petitioner.

Acts 1941, No. 355, § 19; A.S.A. 1947, § 34-1319
Ark. Code Ann. § 9-14-215 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-215
Fees in actions under Uniform Interstate Family Support Act
Status: in_force

(a) (1) There shall be no filing fee, service fee, or other costs collected from the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or any attorney acting on its behalf for actions brought under the Uniform Interstate Family Support Act, § 9-17-101 et seq. (2) The court may direct such fees and costs to be paid by the noncustodial parent to the clerk of the court and the sheriff upon adjudication of the case. (b) (1) The clerk and the sheriff may collect fees in all other cases from the office by submitting monthly or quarterly statements for their services. (2) Each statement shall clearly note the full name of the noncustodial parent thereon. (3) No clerk or sheriff may refuse service to the office or its attorney for its failure to pay the fees in advance. (c) (1) A circuit clerk may collect from the noncustodial parent a fee of ten dollars ($10.00) for completion of income withholding forms for a custodial parent pursuant to this subchapter. (2) A notice of this fee shall be sent to the noncustodial parent along with the notice pursuant to § 9-14-221 . (3) After thirty (30) days, upon nonpayment of the fee by the noncustodial parent, the clerk may notify the payor who shall withhold the fee and remit the fee to the clerk. Acts 1985, No. 989, § 28; A.S.A. 1947, § 34-1246; Acts 1991, No. 883, § 1; 1993, No. 468, § 3; 1995, No. 1184, § 12

(a) (1) There shall be no filing fee, service fee, or other costs collected from the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or any attorney acting on its behalf for actions brought under the Uniform Interstate Family Support Act, § 9-17-101 et seq. (2) The court may direct such fees and costs to be paid by the noncustodial parent to the clerk of the court and the sheriff upon adjudication of the case.

(1) There shall be no filing fee, service fee, or other costs collected from the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or any attorney acting on its behalf for actions brought under the Uniform Interstate Family Support Act, § 9-17-101 et seq.

(2) The court may direct such fees and costs to be paid by the noncustodial parent to the clerk of the court and the sheriff upon adjudication of the case.

(b) (1) The clerk and the sheriff may collect fees in all other cases from the office by submitting monthly or quarterly statements for their services. (2) Each statement shall clearly note the full name of the noncustodial parent thereon. (3) No clerk or sheriff may refuse service to the office or its attorney for its failure to pay the fees in advance.

(1) The clerk and the sheriff may collect fees in all other cases from the office by submitting monthly or quarterly statements for their services.

(2) Each statement shall clearly note the full name of the noncustodial parent thereon.

(3) No clerk or sheriff may refuse service to the office or its attorney for its failure to pay the fees in advance.

(c) (1) A circuit clerk may collect from the noncustodial parent a fee of ten dollars ($10.00) for completion of income withholding forms for a custodial parent pursuant to this subchapter. (2) A notice of this fee shall be sent to the noncustodial parent along with the notice pursuant to § 9-14-221 . (3) After thirty (30) days, upon nonpayment of the fee by the noncustodial parent, the clerk may notify the payor who shall withhold the fee and remit the fee to the clerk.

(1) A circuit clerk may collect from the noncustodial parent a fee of ten dollars ($10.00) for completion of income withholding forms for a custodial parent pursuant to this subchapter.

(2) A notice of this fee shall be sent to the noncustodial parent along with the notice pursuant to § 9-14-221 .

(3) After thirty (30) days, upon nonpayment of the fee by the noncustodial parent, the clerk may notify the payor who shall withhold the fee and remit the fee to the clerk.

Acts 1985, No. 989, § 28; A.S.A. 1947, § 34-1246; Acts 1991, No. 883, § 1; 1993, No. 468, § 3; 1995, No. 1184, § 12
Ark. Code Ann. § 9-9-204 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-204
Who may adopt
Status: in_force

The following individuals may adopt: (1) A husband and wife together although one (1) or both are minors; (2) An unmarried adult; (3) The unmarried father or mother of the individual to be adopted; (4) A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not his or her spouse; and if: (i) The other spouse is a parent of the individual to be adopted and consents to the adoption; (ii) The petitioner and the other spouse are legally separated; or (iii) The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent. Acts 1977, No. 735, § 4; 1979, No. 599, § 1; A.S.A. 1947, § 56-204

The following individuals may adopt:

(1) A husband and wife together although one (1) or both are minors;

(2) An unmarried adult;

(3) The unmarried father or mother of the individual to be adopted;

(4) A married individual without the other spouse joining as a petitioner, if the individual to be adopted is not his or her spouse; and if: (i) The other spouse is a parent of the individual to be adopted and consents to the adoption; (ii) The petitioner and the other spouse are legally separated; or (iii) The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.

(i) The other spouse is a parent of the individual to be adopted and consents to the adoption;

(ii) The petitioner and the other spouse are legally separated; or

(iii) The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances constituting an unreasonable withholding of consent.

Acts 1977, No. 735, § 4; 1979, No. 599, § 1; A.S.A. 1947, § 56-204
Ark. Code Ann. § 9-11-209 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-209
Proof of age - Parental consent
Status: in_force

(a) Any person applying for the license to marry another may introduce the parent or guardian of himself or herself or the other party, or the certificate of the parent or guardian duly attested, to prove to the satisfaction of the clerk that the parties to the marriage are of lawful age. (b) In case either or both of the parties to the marriage are not of lawful age, it shall be the duty of the clerk, before issuing the license, to require the party applying therefor to produce satisfactory evidence of the consent and willingness of the parent or guardian of the party to the marriage, which shall consist of either verbal or written consent thereto. (c) If there are any doubts in the mind of the clerk as to the evidence of the consent and willingness of the parent or guardian of the party applying for the license or if the clerk is in doubt as to the true age of the party so making application, the clerk may require the applicants to furnish a copy of their birth certificates as proof of lawful age or may require the parties to make affidavit to the genuineness of the consent granted or to the correctness of the ages given. The affidavit so made shall be filed in the clerk's office for public inspection. Acts 1875, No. 127, § 5, p. 260; 1885, No. 123, § 1, p. 200; C. & M. Dig., § 7062; Pope's Dig., § 9044; Acts 1963, No. 117, § 1; A.S.A. 1947, § 55-212

(a) Any person applying for the license to marry another may introduce the parent or guardian of himself or herself or the other party, or the certificate of the parent or guardian duly attested, to prove to the satisfaction of the clerk that the parties to the marriage are of lawful age.

(b) In case either or both of the parties to the marriage are not of lawful age, it shall be the duty of the clerk, before issuing the license, to require the party applying therefor to produce satisfactory evidence of the consent and willingness of the parent or guardian of the party to the marriage, which shall consist of either verbal or written consent thereto.

(c) If there are any doubts in the mind of the clerk as to the evidence of the consent and willingness of the parent or guardian of the party applying for the license or if the clerk is in doubt as to the true age of the party so making application, the clerk may require the applicants to furnish a copy of their birth certificates as proof of lawful age or may require the parties to make affidavit to the genuineness of the consent granted or to the correctness of the ages given. The affidavit so made shall be filed in the clerk's office for public inspection.

Acts 1875, No. 127, § 5, p. 260; 1885, No. 123, § 1, p. 200; C. & M. Dig., § 7062; Pope's Dig., § 9044; Acts 1963, No. 117, § 1; A.S.A. 1947, § 55-212
Ark. Code Ann. § 9-27-302 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-302
Purposes - Construction
Status: in_force

This subchapter shall be liberally construed to the end that its purposes may be carried out: (1) To assure that all juveniles brought to the attention of the courts receive the guidance, care, and control, preferably in each juvenile's own home when the juvenile's health and safety are not at risk, that will best serve the emotional, mental, and physical welfare of the juvenile and the best interest of the state; (2) (A) To preserve and strengthen the juvenile's family ties when it is in the best interest of the juvenile; (B) To protect a juvenile by considering the juvenile's health and safety as the paramount concerns in determining whether or not to remove the juvenile from the custody of his or her parents or custodians, removing the juvenile only when the safety and protection of the public cannot adequately be safeguarded without such removal; (C) When a juvenile is removed from his or her own family, to secure for him or her custody, care, and discipline with primary emphasis on ensuring the health and safety of the juvenile while in the out-of-home placement; and (D) To assure, in all cases in which a juvenile must be permanently removed from the custody of his or her parents, that the juvenile be placed in an approved family home and be made a member of the family by adoption; (3) To protect society more effectively by substituting for retributive punishment, whenever possible, methods of offender rehabilitation and rehabilitative restitution, recognizing that the application of sanctions that are consistent with the seriousness of the offense is appropriate in all cases; and (4) To provide means through which the provisions of this subchapter are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced. Acts 1989, No. 273, § 2; 1999, No. 401, § 1; 2007, No. 587, § 2

This subchapter shall be liberally construed to the end that its purposes may be carried out:

(1) To assure that all juveniles brought to the attention of the courts receive the guidance, care, and control, preferably in each juvenile's own home when the juvenile's health and safety are not at risk, that will best serve the emotional, mental, and physical welfare of the juvenile and the best interest of the state;

(2) (A) To preserve and strengthen the juvenile's family ties when it is in the best interest of the juvenile; (B) To protect a juvenile by considering the juvenile's health and safety as the paramount concerns in determining whether or not to remove the juvenile from the custody of his or her parents or custodians, removing the juvenile only when the safety and protection of the public cannot adequately be safeguarded without such removal; (C) When a juvenile is removed from his or her own family, to secure for him or her custody, care, and discipline with primary emphasis on ensuring the health and safety of the juvenile while in the out-of-home placement; and (D) To assure, in all cases in which a juvenile must be permanently removed from the custody of his or her parents, that the juvenile be placed in an approved family home and be made a member of the family by adoption;

(A) To preserve and strengthen the juvenile's family ties when it is in the best interest of the juvenile;

(B) To protect a juvenile by considering the juvenile's health and safety as the paramount concerns in determining whether or not to remove the juvenile from the custody of his or her parents or custodians, removing the juvenile only when the safety and protection of the public cannot adequately be safeguarded without such removal;

(C) When a juvenile is removed from his or her own family, to secure for him or her custody, care, and discipline with primary emphasis on ensuring the health and safety of the juvenile while in the out-of-home placement; and

(D) To assure, in all cases in which a juvenile must be permanently removed from the custody of his or her parents, that the juvenile be placed in an approved family home and be made a member of the family by adoption;

(3) To protect society more effectively by substituting for retributive punishment, whenever possible, methods of offender rehabilitation and rehabilitative restitution, recognizing that the application of sanctions that are consistent with the seriousness of the offense is appropriate in all cases; and

(4) To provide means through which the provisions of this subchapter are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.

Acts 1989, No. 273, § 2; 1999, No. 401, § 1; 2007, No. 587, § 2
Ark. Code Ann. § 9-14-101 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-101
Implied consent to jurisdiction for child support and maintenance or to establish paternity - Service of process
Status: in_force

(a) Any person who establishes or acquires a marital domicile in this state, who contracts marriage in this state, or who becomes a resident of this state while legally married, and subsequently absents himself or herself from the state leaving a dependent natural or adopted child in this state and fails to support the child as required by the laws of this state, is deemed to have consented and submitted to the jurisdiction of the courts of this state as to any cause of action brought against that person for the support and maintenance of the child. (b) In an action to establish paternity or to establish or enforce a child support obligation in regard to a child who is the subject of the action, a person is deemed to have consented and submitted to the jurisdiction of the courts of this state if any of the following circumstances exists: (1) The person engaged in sexual intercourse with the child's mother in this state during the period of the child's conception or the affected child was conceived in this state; or (2) The person resides or has resided with the child in this state. (c) Service of process upon any person who is deemed by this section to have consented and submitted to the jurisdiction of the courts of this state may be made pursuant to Rule 4 of the Arkansas Rules of Civil Procedure. Acts 1969, No. 297, §§ 1, 2; A.S.A. 1947, §§ 34-2446, 34-2447; Acts 1989, No. 508, §§ 1, 2

(a) Any person who establishes or acquires a marital domicile in this state, who contracts marriage in this state, or who becomes a resident of this state while legally married, and subsequently absents himself or herself from the state leaving a dependent natural or adopted child in this state and fails to support the child as required by the laws of this state, is deemed to have consented and submitted to the jurisdiction of the courts of this state as to any cause of action brought against that person for the support and maintenance of the child.

(b) In an action to establish paternity or to establish or enforce a child support obligation in regard to a child who is the subject of the action, a person is deemed to have consented and submitted to the jurisdiction of the courts of this state if any of the following circumstances exists: (1) The person engaged in sexual intercourse with the child's mother in this state during the period of the child's conception or the affected child was conceived in this state; or (2) The person resides or has resided with the child in this state.

(1) The person engaged in sexual intercourse with the child's mother in this state during the period of the child's conception or the affected child was conceived in this state; or

(2) The person resides or has resided with the child in this state.

(c) Service of process upon any person who is deemed by this section to have consented and submitted to the jurisdiction of the courts of this state may be made pursuant to Rule 4 of the Arkansas Rules of Civil Procedure.

Acts 1969, No. 297, §§ 1, 2; A.S.A. 1947, §§ 34-2446, 34-2447; Acts 1989, No. 508, §§ 1, 2
Ark. Code Ann. § 9-26-301 — AR Code / Title 9 / Chapter 26 / Subchapter 3 / Section 9-26-301
Definitions
Status: in_force

In this subchapter, unless the context otherwise requires: (a) "Bank" is a bank, trust company, national banking association, savings bank, or industrial bank; (b) "Broker" is a person, including a bank, lawfully engaged in the business of effecting transactions in securities for the account of others and includes a broker lawfully engaged in buying and selling securities for his or her own account; (c) "Issuer" is a person who places or authorizes the placing of his or her name on a security other than as a transfer agent to evidence that it represents a share, participation or other interest in his or her property or in an enterprise or to evidence his or her duty to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person; (d) "Person" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity; (e) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payment out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate or interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing; (f) "Third-party" is a person other than a bank, broker, transfer agent, or issuer who with respect to a security held by a minor effects a transaction otherwise than directly with the minor; (g) "Transfer agent" is a person who acts as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of transfers of securities, in the issue of new securities, or in the cancellation of surrendered securities. Acts 1963, No. 530, § 1; A.S.A. 1947, § 50-922

In this subchapter, unless the context otherwise requires:

(a) "Bank" is a bank, trust company, national banking association, savings bank, or industrial bank;

(b) "Broker" is a person, including a bank, lawfully engaged in the business of effecting transactions in securities for the account of others and includes a broker lawfully engaged in buying and selling securities for his or her own account;

(c) "Issuer" is a person who places or authorizes the placing of his or her name on a security other than as a transfer agent to evidence that it represents a share, participation or other interest in his or her property or in an enterprise or to evidence his or her duty to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person;

(d) "Person" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity;

(e) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payment out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate or interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing;

(f) "Third-party" is a person other than a bank, broker, transfer agent, or issuer who with respect to a security held by a minor effects a transaction otherwise than directly with the minor;

(g) "Transfer agent" is a person who acts as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of transfers of securities, in the issue of new securities, or in the cancellation of surrendered securities.

Acts 1963, No. 530, § 1; A.S.A. 1947, § 50-922
Ark. Code Ann. § 9-14-504 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-504
Communication with custodial parent or assignee
Status: in_force

(a) Without regard to the fact that coverage may be provided through a policy benefiting the noncustodial parent of a child or children, any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation operating in this state shall: (1) Receive claims for payment; (2) Respond to requests concerning information necessary to determine coverage status, claims status, health policy plan, or benefits for minor children for whom services are provided under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., regardless of the identity of the policyholder if the policy covers the child or to obtain benefits through coverage for minor children; and (3) Communicate with: (A) The custodial parent or parents or the noncustodial parent or parents of the minor child or children; (B) An assignee; or (C) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (b) Any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation operating in this state shall permit the custodial parent or the provider, with approval of the custodial parent, to submit claims for covered services without approval of the noncustodial parent and shall make payment on such claims directly to the custodial parent, the provider, or the office. Acts 1991, No. 368, § 3; 1995, No. 1179, § 3; 2005, No. 506, § 1; 2009, No. 551, § 5

(a) Without regard to the fact that coverage may be provided through a policy benefiting the noncustodial parent of a child or children, any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation operating in this state shall: (1) Receive claims for payment; (2) Respond to requests concerning information necessary to determine coverage status, claims status, health policy plan, or benefits for minor children for whom services are provided under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., regardless of the identity of the policyholder if the policy covers the child or to obtain benefits through coverage for minor children; and (3) Communicate with: (A) The custodial parent or parents or the noncustodial parent or parents of the minor child or children; (B) An assignee; or (C) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(1) Receive claims for payment;

(2) Respond to requests concerning information necessary to determine coverage status, claims status, health policy plan, or benefits for minor children for whom services are provided under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., regardless of the identity of the policyholder if the policy covers the child or to obtain benefits through coverage for minor children; and

(3) Communicate with: (A) The custodial parent or parents or the noncustodial parent or parents of the minor child or children; (B) An assignee; or (C) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(A) The custodial parent or parents or the noncustodial parent or parents of the minor child or children;

(B) An assignee; or

(C) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(b) Any insurer, health maintenance organization, self-funded group, multiple-employer welfare arrangement, or hospital or medical services corporation operating in this state shall permit the custodial parent or the provider, with approval of the custodial parent, to submit claims for covered services without approval of the noncustodial parent and shall make payment on such claims directly to the custodial parent, the provider, or the office.

Acts 1991, No. 368, § 3; 1995, No. 1179, § 3; 2005, No. 506, § 1; 2009, No. 551, § 5
Ark. Code Ann. § 9-9-405 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-405
Promulgation of rules
Status: in_force

(a) The Department of Human Services shall adopt rules consistent with this subchapter. (b) The department shall adopt rules to ensure that post-adoptive services are provided to adoptive parents who seek the assistance of the department to prevent the adoption from being disrupted. Amended by Act 2015, No. 1018,§ 1, eff. 7/22/2015 Acts 1979, No. 1109, § 7; A.S.A. 1947, § 56-136

(a) The Department of Human Services shall adopt rules consistent with this subchapter.

(b) The department shall adopt rules to ensure that post-adoptive services are provided to adoptive parents who seek the assistance of the department to prevent the adoption from being disrupted.

Amended by Act 2015, No. 1018,§ 1, eff. 7/22/2015

Acts 1979, No. 1109, § 7; A.S.A. 1947, § 56-136
Ark. Code Ann. § 9-27-350 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-350
Compacts to share costs
Status: in_force

Nothing in this subchapter shall prohibit two (2) or more counties, cities, or school districts of this state from agreeing by compact to share the costs of court personnel or juvenile facilities to serve both or all of the counties so agreeing. Acts 1975, No. 451, § 49; A.S.A. 1947, § 45-449; Acts 2003, No. 1166, § 26

Nothing in this subchapter shall prohibit two (2) or more counties, cities, or school districts of this state from agreeing by compact to share the costs of court personnel or juvenile facilities to serve both or all of the counties so agreeing.

Acts 1975, No. 451, § 49; A.S.A. 1947, § 45-449; Acts 2003, No. 1166, § 26
Ark. Code Ann. § 9-27-356 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-356
Juvenile sex offender assessment and registration
Status: in_force

(a) If a juvenile is an adjudicated delinquent for any of the following offenses, the court shall order a sex offender screening and risk assessment: (1) Rape, § 5-14-103 ; (2) Sexual assault in the first degree, § 5-14-124 ; (3) Sexual assault in the second degree, § 5-14-125 ; (4) Incest, § 5-26-202 ; or (5) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 . (b) (1) The court may order a sex offender screening and risk assessment if a juvenile is adjudicated delinquent for any offense with an underlying sexually motivated component. (2) The court may require that a juvenile register as a sex offender upon recommendation of the Sex Offender Assessment Committee and following a hearing as set forth in subsection (e) of this section. (c) The juvenile division of circuit court judge may order reassessment of the sex offender screening and risk assessment by the committee at any time while the court has jurisdiction over the juvenile. (d) Following a sex offender screening and risk assessment, the prosecutor may file a motion to request that a juvenile register as a sex offender at any time while the court has jurisdiction of the delinquency case if a juvenile is found delinquent for any of the offenses listed in subsection (a) of this section. (e) (1) The court shall conduct a hearing within ninety (90) days of the registration motion. (2) (A) The juvenile defendant shall be represented by counsel, and the court shall consider the following factors in making its decision to require the juvenile to register as a delinquent sex offender: (i) The seriousness of the offense; (ii) The protection of society; (iii) The level of planning and participation in the alleged offense; (iv) The previous sex offender history of the juvenile, including whether the juvenile has been adjudicated delinquent for prior sex offenses; (v) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction; (vi) The sex offender assessment and any other relevant written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (vii) Any other factors deemed relevant by the court. (B) However, under no circumstances shall the exercise by the juvenile of the right against self-incrimination, the right to an adjudication hearing or appeal, the refusal to admit to an offense for which he or she was adjudicated delinquent, or the refusal to admit to other offenses in the assessment process be considered in the decision whether to require registration. (f) (1) The court shall make written findings on all the factors in subsection (e) of this section. (2) Upon a finding by clear and convincing evidence that a juvenile should or should not be required to register as a sex offender, the court shall enter its order. (g) When the juvenile division of circuit court judge orders a juvenile to register as a sex offender, the judge shall order either the Division of Youth Services or a juvenile probation officer to complete the registration process by: (1) Completing the sex offender registration form; (2) Providing a copy of the sex offender registration order, fact sheet, registration form, and the Juvenile Sex Offender Rights and Responsibilities Form to the juvenile and the juvenile's parent, guardian, or custodian and explaining this information to the juvenile and the juvenile's parent, guardian, or custodian; (3) Mailing a copy of the registration court order, fact sheets, and registration form to the Arkansas Crime Information Center, Sex Offender Registry Manager, 322 Main St #615, Little Rock, AR 72201; (4) Providing local law enforcement agencies where the juvenile resides a copy of the sex offender registration form; and (5) Ensuring that copies of all documents are forwarded to the court for placement in the court file. (h) The juvenile may petition the court to have his or her name removed from the sex offender register at any time while the court has jurisdiction over the juvenile or when the juvenile turns twenty-one (21) years of age, whichever is later. (i) The juvenile division of circuit court judge shall order the juvenile's name removed from the sex offender register upon proof by a preponderance of the evidence that the juvenile does not pose a threat to the safety of others. (j) If the court does not order the juvenile's name removed from the sex offender register, the juvenile shall remain on the sex offender register for ten (10) years from the last date on which the juvenile was adjudicated a delinquent or found guilty as an adult for a sex offense or until the juvenile turns twenty-one (21) years of age, whichever is longer. (k) Once a juvenile is ordered to register as a sex offender, he or she shall be subject to the registration requirements set forth in §§ 12-12-904 , 12-12-906 , 12-12-908 , 12-12-909 , and 12-12-912 . Acts 2003, No. 1265, § 1; 2005, No. 1191, § 10

(a) If a juvenile is an adjudicated delinquent for any of the following offenses, the court shall order a sex offender screening and risk assessment: (1) Rape, § 5-14-103 ; (2) Sexual assault in the first degree, § 5-14-124 ; (3) Sexual assault in the second degree, § 5-14-125 ; (4) Incest, § 5-26-202 ; or (5) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 .

(1) Rape, § 5-14-103 ;

(2) Sexual assault in the first degree, § 5-14-124 ;

(3) Sexual assault in the second degree, § 5-14-125 ;

(4) Incest, § 5-26-202 ; or

(5) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303 .

(b) (1) The court may order a sex offender screening and risk assessment if a juvenile is adjudicated delinquent for any offense with an underlying sexually motivated component. (2) The court may require that a juvenile register as a sex offender upon recommendation of the Sex Offender Assessment Committee and following a hearing as set forth in subsection (e) of this section.

(1) The court may order a sex offender screening and risk assessment if a juvenile is adjudicated delinquent for any offense with an underlying sexually motivated component.

(2) The court may require that a juvenile register as a sex offender upon recommendation of the Sex Offender Assessment Committee and following a hearing as set forth in subsection (e) of this section.

(c) The juvenile division of circuit court judge may order reassessment of the sex offender screening and risk assessment by the committee at any time while the court has jurisdiction over the juvenile.

(d) Following a sex offender screening and risk assessment, the prosecutor may file a motion to request that a juvenile register as a sex offender at any time while the court has jurisdiction of the delinquency case if a juvenile is found delinquent for any of the offenses listed in subsection (a) of this section.

(e) (1) The court shall conduct a hearing within ninety (90) days of the registration motion. (2) (A) The juvenile defendant shall be represented by counsel, and the court shall consider the following factors in making its decision to require the juvenile to register as a delinquent sex offender: (i) The seriousness of the offense; (ii) The protection of society; (iii) The level of planning and participation in the alleged offense; (iv) The previous sex offender history of the juvenile, including whether the juvenile has been adjudicated delinquent for prior sex offenses; (v) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction; (vi) The sex offender assessment and any other relevant written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (vii) Any other factors deemed relevant by the court. (B) However, under no circumstances shall the exercise by the juvenile of the right against self-incrimination, the right to an adjudication hearing or appeal, the refusal to admit to an offense for which he or she was adjudicated delinquent, or the refusal to admit to other offenses in the assessment process be considered in the decision whether to require registration.

(1) The court shall conduct a hearing within ninety (90) days of the registration motion.

(2) (A) The juvenile defendant shall be represented by counsel, and the court shall consider the following factors in making its decision to require the juvenile to register as a delinquent sex offender: (i) The seriousness of the offense; (ii) The protection of society; (iii) The level of planning and participation in the alleged offense; (iv) The previous sex offender history of the juvenile, including whether the juvenile has been adjudicated delinquent for prior sex offenses; (v) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction; (vi) The sex offender assessment and any other relevant written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (vii) Any other factors deemed relevant by the court. (B) However, under no circumstances shall the exercise by the juvenile of the right against self-incrimination, the right to an adjudication hearing or appeal, the refusal to admit to an offense for which he or she was adjudicated delinquent, or the refusal to admit to other offenses in the assessment process be considered in the decision whether to require registration.

(A) The juvenile defendant shall be represented by counsel, and the court shall consider the following factors in making its decision to require the juvenile to register as a delinquent sex offender: (i) The seriousness of the offense; (ii) The protection of society; (iii) The level of planning and participation in the alleged offense; (iv) The previous sex offender history of the juvenile, including whether the juvenile has been adjudicated delinquent for prior sex offenses; (v) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction; (vi) The sex offender assessment and any other relevant written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (vii) Any other factors deemed relevant by the court.

(i) The seriousness of the offense;

(ii) The protection of society;

(iii) The level of planning and participation in the alleged offense;

(iv) The previous sex offender history of the juvenile, including whether the juvenile has been adjudicated delinquent for prior sex offenses;

(v) Whether there are facilities or programs available to the court that are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction;

(vi) The sex offender assessment and any other relevant written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and

(vii) Any other factors deemed relevant by the court.

(B) However, under no circumstances shall the exercise by the juvenile of the right against self-incrimination, the right to an adjudication hearing or appeal, the refusal to admit to an offense for which he or she was adjudicated delinquent, or the refusal to admit to other offenses in the assessment process be considered in the decision whether to require registration.

(f) (1) The court shall make written findings on all the factors in subsection (e) of this section. (2) Upon a finding by clear and convincing evidence that a juvenile should or should not be required to register as a sex offender, the court shall enter its order.

(1) The court shall make written findings on all the factors in subsection (e) of this section.

(2) Upon a finding by clear and convincing evidence that a juvenile should or should not be required to register as a sex offender, the court shall enter its order.

(g) When the juvenile division of circuit court judge orders a juvenile to register as a sex offender, the judge shall order either the Division of Youth Services or a juvenile probation officer to complete the registration process by: (1) Completing the sex offender registration form; (2) Providing a copy of the sex offender registration order, fact sheet, registration form, and the Juvenile Sex Offender Rights and Responsibilities Form to the juvenile and the juvenile's parent, guardian, or custodian and explaining this information to the juvenile and the juvenile's parent, guardian, or custodian; (3) Mailing a copy of the registration court order, fact sheets, and registration form to the Arkansas Crime Information Center, Sex Offender Registry Manager, 322 Main St #615, Little Rock, AR 72201; (4) Providing local law enforcement agencies where the juvenile resides a copy of the sex offender registration form; and (5) Ensuring that copies of all documents are forwarded to the court for placement in the court file.

(1) Completing the sex offender registration form;

(2) Providing a copy of the sex offender registration order, fact sheet, registration form, and the Juvenile Sex Offender Rights and Responsibilities Form to the juvenile and the juvenile's parent, guardian, or custodian and explaining this information to the juvenile and the juvenile's parent, guardian, or custodian;

(3) Mailing a copy of the registration court order, fact sheets, and registration form to the Arkansas Crime Information Center, Sex Offender Registry Manager, 322 Main St #615, Little Rock, AR 72201;

(4) Providing local law enforcement agencies where the juvenile resides a copy of the sex offender registration form; and

(5) Ensuring that copies of all documents are forwarded to the court for placement in the court file.

(h) The juvenile may petition the court to have his or her name removed from the sex offender register at any time while the court has jurisdiction over the juvenile or when the juvenile turns twenty-one (21) years of age, whichever is later.

(i) The juvenile division of circuit court judge shall order the juvenile's name removed from the sex offender register upon proof by a preponderance of the evidence that the juvenile does not pose a threat to the safety of others.

(j) If the court does not order the juvenile's name removed from the sex offender register, the juvenile shall remain on the sex offender register for ten (10) years from the last date on which the juvenile was adjudicated a delinquent or found guilty as an adult for a sex offense or until the juvenile turns twenty-one (21) years of age, whichever is longer.

(k) Once a juvenile is ordered to register as a sex offender, he or she shall be subject to the registration requirements set forth in §§ 12-12-904 , 12-12-906 , 12-12-908 , 12-12-909 , and 12-12-912 .

Acts 2003, No. 1265, § 1; 2005, No. 1191, § 10
Ark. Code Ann. § 9-11-301 — AR Code / Title 9 / Chapter 11 / Subchapter 3 / Section 9-11-301
Execution of contract
Status: in_force

All marriage contracts whereby any estate, real or personal, is intended to be secured or conveyed to any person, or whereby the estate may be affected in law or equity, shall be in writing acknowledged by each of the contracting parties or proved by one (1) or more subscribing witnesses. Rev. Stat., ch. 95, § 1; C. & M. Dig., § 7028; Pope's Dig., § 9008; A.S.A. 1947, § 55-301

All marriage contracts whereby any estate, real or personal, is intended to be secured or conveyed to any person, or whereby the estate may be affected in law or equity, shall be in writing acknowledged by each of the contracting parties or proved by one (1) or more subscribing witnesses.

Rev. Stat., ch. 95, § 1; C. & M. Dig., § 7028; Pope's Dig., § 9008; A.S.A. 1947, § 55-301
Ark. Code Ann. § 9-27-705 — AR Code / Title 9 / Chapter 27 / Subchapter 7 / Section 9-27-705
Rulemaking permitted
Status: in_force

The Commission for Parent Counsel may establish rules not otherwise addressed by this subchapter for its own governing for the administrative affairs of the commission and to effectuate the intent of this subchapter. Added by Act 2017, No. 861,§ 6, eff. 8/1/2017

The Commission for Parent Counsel may establish rules not otherwise addressed by this subchapter for its own governing for the administrative affairs of the commission and to effectuate the intent of this subchapter.

Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Ark. Code Ann. § 9-15-205 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-205
Relief generally - Duration
Status: in_force

(a) At the hearing on the petition filed under this chapter, upon a finding of domestic abuse as defined in § 9-15-103 , the court may provide the following relief: (1) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim; (2) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim; (3) (A) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties. (B) (i) If a previous child custody or visitation determination has been made by another court with continuing jurisdiction with regard to the minor children of the parties, a temporary child custody or visitation determination may be made under subdivision (a)(3)(A) of this section. (ii) The order shall remain in effect until the court with original jurisdiction enters a subsequent order regarding the children; (4) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards; (5) Allow the prevailing party a reasonable attorney's fee as part of the costs; (6) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; (7) Direct the care, custody, or control of any pet owned, possessed, leased, kept, or held by either party residing in the household; and (8) (A) Order other relief as the court deems necessary or appropriate for the protection of a family or household member. (B) The relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, or threatening to do any act injuring, mistreating, molesting, or harassing the petitioner. (b) Any relief granted by the court for protection under the provisions of this chapter shall be for a fixed period of time not less than ninety (90) days nor more than ten (10) years in duration, in the discretion of the court, and may be renewed at a subsequent hearing upon proof and a finding by the court that the threat of domestic abuse still exists. Acts 1991, No. 266, § 5; 1999, No. 662, § 2; 1999, No. 1551, § 2; 2007, No. 139, § 1; 2009, No. 698, § 6; 2011, No. 1049, § 1

(a) At the hearing on the petition filed under this chapter, upon a finding of domestic abuse as defined in § 9-15-103 , the court may provide the following relief: (1) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim; (2) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim; (3) (A) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties. (B) (i) If a previous child custody or visitation determination has been made by another court with continuing jurisdiction with regard to the minor children of the parties, a temporary child custody or visitation determination may be made under subdivision (a)(3)(A) of this section. (ii) The order shall remain in effect until the court with original jurisdiction enters a subsequent order regarding the children; (4) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards; (5) Allow the prevailing party a reasonable attorney's fee as part of the costs; (6) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order; (7) Direct the care, custody, or control of any pet owned, possessed, leased, kept, or held by either party residing in the household; and (8) (A) Order other relief as the court deems necessary or appropriate for the protection of a family or household member. (B) The relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, or threatening to do any act injuring, mistreating, molesting, or harassing the petitioner.

(1) Exclude the abusing party from the dwelling that the parties share or from the residence of the petitioner or victim;

(2) Exclude the abusing party from the place of business or employment, school, or other location of the petitioner or victim;

(3) (A) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties. (B) (i) If a previous child custody or visitation determination has been made by another court with continuing jurisdiction with regard to the minor children of the parties, a temporary child custody or visitation determination may be made under subdivision (a)(3)(A) of this section. (ii) The order shall remain in effect until the court with original jurisdiction enters a subsequent order regarding the children;

(A) Award temporary custody or establish temporary visitation rights with regard to minor children of the parties.

(B) (i) If a previous child custody or visitation determination has been made by another court with continuing jurisdiction with regard to the minor children of the parties, a temporary child custody or visitation determination may be made under subdivision (a)(3)(A) of this section. (ii) The order shall remain in effect until the court with original jurisdiction enters a subsequent order regarding the children;

(i) If a previous child custody or visitation determination has been made by another court with continuing jurisdiction with regard to the minor children of the parties, a temporary child custody or visitation determination may be made under subdivision (a)(3)(A) of this section.

(ii) The order shall remain in effect until the court with original jurisdiction enters a subsequent order regarding the children;

(4) Order temporary support for minor children or a spouse, with such support to be enforced in the manner prescribed by law for other child support and alimony awards;

(5) Allow the prevailing party a reasonable attorney's fee as part of the costs;

(6) Prohibit the abusing party directly or through an agent from contacting the petitioner or victim except under specific conditions named in the order;

(7) Direct the care, custody, or control of any pet owned, possessed, leased, kept, or held by either party residing in the household; and

(8) (A) Order other relief as the court deems necessary or appropriate for the protection of a family or household member. (B) The relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, or threatening to do any act injuring, mistreating, molesting, or harassing the petitioner.

(A) Order other relief as the court deems necessary or appropriate for the protection of a family or household member.

(B) The relief may include, but not be limited to, enjoining and restraining the abusing party from doing, attempting to do, or threatening to do any act injuring, mistreating, molesting, or harassing the petitioner.

(b) Any relief granted by the court for protection under the provisions of this chapter shall be for a fixed period of time not less than ninety (90) days nor more than ten (10) years in duration, in the discretion of the court, and may be renewed at a subsequent hearing upon proof and a finding by the court that the threat of domestic abuse still exists.

Acts 1991, No. 266, § 5; 1999, No. 662, § 2; 1999, No. 1551, § 2; 2007, No. 139, § 1; 2009, No. 698, § 6; 2011, No. 1049, § 1
Ark. Code Ann. § 9-10-201 — AR Code / Title 9 / Chapter 10 / Subchapter 2 / Section 9-10-201
Child born to married or unmarried woman - Presumptions - Surrogate mothers
Status: in_force

(a) Any child born to a married woman by means of artificial insemination shall be deemed the legitimate natural child of the woman and the woman's husband if the husband consents in writing to the artificial insemination. (b) A child born by means of artificial insemination to a woman who is married at the time of the birth of the child shall be presumed to be the child of the woman giving birth and the woman's husband except in the case of a surrogate mother, in which event the child shall be that of: (1) The biological father and the woman intended to be the mother if the biological father is married; (2) The biological father only if unmarried; or (3) The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination. (c) (1) A child born by means of artificial insemination to a woman who is unmarried at the time of the birth of the child shall be, for all legal purposes, the child of the woman giving birth, except in the case of a surrogate mother, in which event the child shall be that of: (A) The biological father and the woman intended to be the mother if the biological father is married; (B) The biological father only if unmarried; or (C) The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination. (2) For birth registration purposes, in cases of surrogate mothers the woman giving birth shall be presumed to be the natural mother and shall be listed as such on the certificate of birth, but a substituted certificate of birth may be issued upon orders of a court of competent jurisdiction. Acts 1985, No. 904, §§ 1, 2; A.S.A. 1947, §§ 34-720, 34-721; Acts 1989, No. 647, § 1

(a) Any child born to a married woman by means of artificial insemination shall be deemed the legitimate natural child of the woman and the woman's husband if the husband consents in writing to the artificial insemination.

(b) A child born by means of artificial insemination to a woman who is married at the time of the birth of the child shall be presumed to be the child of the woman giving birth and the woman's husband except in the case of a surrogate mother, in which event the child shall be that of: (1) The biological father and the woman intended to be the mother if the biological father is married; (2) The biological father only if unmarried; or (3) The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.

(1) The biological father and the woman intended to be the mother if the biological father is married;

(2) The biological father only if unmarried; or

(3) The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.

(c) (1) A child born by means of artificial insemination to a woman who is unmarried at the time of the birth of the child shall be, for all legal purposes, the child of the woman giving birth, except in the case of a surrogate mother, in which event the child shall be that of: (A) The biological father and the woman intended to be the mother if the biological father is married; (B) The biological father only if unmarried; or (C) The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination. (2) For birth registration purposes, in cases of surrogate mothers the woman giving birth shall be presumed to be the natural mother and shall be listed as such on the certificate of birth, but a substituted certificate of birth may be issued upon orders of a court of competent jurisdiction.

(1) A child born by means of artificial insemination to a woman who is unmarried at the time of the birth of the child shall be, for all legal purposes, the child of the woman giving birth, except in the case of a surrogate mother, in which event the child shall be that of: (A) The biological father and the woman intended to be the mother if the biological father is married; (B) The biological father only if unmarried; or (C) The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.

(A) The biological father and the woman intended to be the mother if the biological father is married;

(B) The biological father only if unmarried; or

(C) The woman intended to be the mother in cases of a surrogate mother when an anonymous donor's sperm was utilized for artificial insemination.

(2) For birth registration purposes, in cases of surrogate mothers the woman giving birth shall be presumed to be the natural mother and shall be listed as such on the certificate of birth, but a substituted certificate of birth may be issued upon orders of a court of competent jurisdiction.

Acts 1985, No. 904, §§ 1, 2; A.S.A. 1947, §§ 34-720, 34-721; Acts 1989, No. 647, § 1
Ark. Code Ann. § 9-26-224 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-224
Short title
Status: in_force

This subchapter may be cited as the "Arkansas Uniform Transfers to Minors Act". Acts 1985, No. 476, § 24; A.S.A. 1947, § 50-933

This subchapter may be cited as the "Arkansas Uniform Transfers to Minors Act".

Acts 1985, No. 476, § 24; A.S.A. 1947, § 50-933
Ark. Code Ann. § 9-15-302 — AR Code / Title 9 / Chapter 15 / Subchapter 3 / Section 9-15-302
Full faith and credit
Status: in_force

(a) An order of protection shall be afforded full faith and credit by the courts of this state and shall be enforced by law enforcement as if it were issued in this state if the order of protection: (1) Meets the requirements of subsection (b) or subsection (c) of this section and is issued by a court of another state, a federally recognized Indian tribe, or a territory; or (2) Is a military order of protection as defined under § 5-53-134(f)(1) . (b) An order of protection issued by a court of another state, a federally recognized Indian tribe, or a territory meets the requirements of this section if: (1) The court had jurisdiction over the parties and matters under the laws of the other state, the federally recognized Indian tribe, or the territory; and (2) (A) Reasonable notice and opportunity to be heard was given to the person against whom the order was sought sufficient to protect that person's right to due process. (B) In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by the laws or rules of the other state, the federally recognized Indian tribe, or the territory and, in any event, within a reasonable time after the order is issued sufficient to protect the due process rights of the party against whom the order is enforced. (c) An order of protection issued against both the petitioner and the respondent by a court of another state, a federally recognized Indian tribe, or a territory shall not be enforceable against the petitioner unless: (1) The respondent filed a cross or counter petition, complaint, or other written pleading seeking an order of protection; (2) The issuing court made specific findings against both the petitioner and the respondent; and (3) The issuing court determined that each party was entitled to an order. (d) (1) A person seeking recognition and enforcement of an out-of-state order of protection under this section may present a copy of the order of protection to the local law enforcement office in the city or county where enforcement of the order may be necessary. (2) After receiving a copy of the order of protection, the local law enforcement office shall enter the order into the Arkansas Crime Information Center's protection order registry file. (3) There shall be no fee for entering the out-of-state order of protection. (4) The law enforcement office shall not notify the party against whom the order has been issued that an out-of-state order of protection has been entered in this state. (5) Entry of the out-of-state order of protection into the center's protection order registry file shall not be required for enforcement of the order of protection in this state. (e) (1) (A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that an out-of-state order of protection exists. (B) A law enforcement officer may rely upon: (i) An out-of-state order of protection that has been provided to the officer by any source; or (ii) (a) The statement of any person protected by an out-of-state order of protection that the order exists; and (b) Verification by the clerk of the court of the other state, the federally recognized Indian tribe, or the territory in writing, by telephone, or by facsimile transmission or other electronic transmission. (2) (A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that the terms of the order have been violated. (B) The law enforcement officer may rely upon: (i) Any events he or she witnessed; (ii) The statement of any person who claims to be a witness; or (iii) Any other evidence. (3) A law enforcement officer shall not refuse to enforce the terms of the order of protection on the grounds that the order has not been filed with the local law enforcement office or entered into the center's protection order registry file unless the law enforcement officer has a reasonable belief that the order is not authentic on its face. Amended by Act 2017, No. 515,§ 5, eff. 8/1/2017 Acts 1995, No. 995, § 3; 2003, No. 651, § 2

(a) An order of protection shall be afforded full faith and credit by the courts of this state and shall be enforced by law enforcement as if it were issued in this state if the order of protection: (1) Meets the requirements of subsection (b) or subsection (c) of this section and is issued by a court of another state, a federally recognized Indian tribe, or a territory; or (2) Is a military order of protection as defined under § 5-53-134(f)(1) .

(1) Meets the requirements of subsection (b) or subsection (c) of this section and is issued by a court of another state, a federally recognized Indian tribe, or a territory; or

(2) Is a military order of protection as defined under § 5-53-134(f)(1) .

(b) An order of protection issued by a court of another state, a federally recognized Indian tribe, or a territory meets the requirements of this section if: (1) The court had jurisdiction over the parties and matters under the laws of the other state, the federally recognized Indian tribe, or the territory; and (2) (A) Reasonable notice and opportunity to be heard was given to the person against whom the order was sought sufficient to protect that person's right to due process. (B) In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by the laws or rules of the other state, the federally recognized Indian tribe, or the territory and, in any event, within a reasonable time after the order is issued sufficient to protect the due process rights of the party against whom the order is enforced.

(1) The court had jurisdiction over the parties and matters under the laws of the other state, the federally recognized Indian tribe, or the territory; and

(2) (A) Reasonable notice and opportunity to be heard was given to the person against whom the order was sought sufficient to protect that person's right to due process. (B) In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by the laws or rules of the other state, the federally recognized Indian tribe, or the territory and, in any event, within a reasonable time after the order is issued sufficient to protect the due process rights of the party against whom the order is enforced.

(A) Reasonable notice and opportunity to be heard was given to the person against whom the order was sought sufficient to protect that person's right to due process.

(B) In the case of ex parte orders, notice and opportunity to be heard must be provided within the time required by the laws or rules of the other state, the federally recognized Indian tribe, or the territory and, in any event, within a reasonable time after the order is issued sufficient to protect the due process rights of the party against whom the order is enforced.

(c) An order of protection issued against both the petitioner and the respondent by a court of another state, a federally recognized Indian tribe, or a territory shall not be enforceable against the petitioner unless: (1) The respondent filed a cross or counter petition, complaint, or other written pleading seeking an order of protection; (2) The issuing court made specific findings against both the petitioner and the respondent; and (3) The issuing court determined that each party was entitled to an order.

(1) The respondent filed a cross or counter petition, complaint, or other written pleading seeking an order of protection;

(2) The issuing court made specific findings against both the petitioner and the respondent; and

(3) The issuing court determined that each party was entitled to an order.

(d) (1) A person seeking recognition and enforcement of an out-of-state order of protection under this section may present a copy of the order of protection to the local law enforcement office in the city or county where enforcement of the order may be necessary. (2) After receiving a copy of the order of protection, the local law enforcement office shall enter the order into the Arkansas Crime Information Center's protection order registry file. (3) There shall be no fee for entering the out-of-state order of protection. (4) The law enforcement office shall not notify the party against whom the order has been issued that an out-of-state order of protection has been entered in this state. (5) Entry of the out-of-state order of protection into the center's protection order registry file shall not be required for enforcement of the order of protection in this state.

(1) A person seeking recognition and enforcement of an out-of-state order of protection under this section may present a copy of the order of protection to the local law enforcement office in the city or county where enforcement of the order may be necessary.

(2) After receiving a copy of the order of protection, the local law enforcement office shall enter the order into the Arkansas Crime Information Center's protection order registry file.

(3) There shall be no fee for entering the out-of-state order of protection.

(4) The law enforcement office shall not notify the party against whom the order has been issued that an out-of-state order of protection has been entered in this state.

(5) Entry of the out-of-state order of protection into the center's protection order registry file shall not be required for enforcement of the order of protection in this state.

(e) (1) (A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that an out-of-state order of protection exists. (B) A law enforcement officer may rely upon: (i) An out-of-state order of protection that has been provided to the officer by any source; or (ii) (a) The statement of any person protected by an out-of-state order of protection that the order exists; and (b) Verification by the clerk of the court of the other state, the federally recognized Indian tribe, or the territory in writing, by telephone, or by facsimile transmission or other electronic transmission. (2) (A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that the terms of the order have been violated. (B) The law enforcement officer may rely upon: (i) Any events he or she witnessed; (ii) The statement of any person who claims to be a witness; or (iii) Any other evidence. (3) A law enforcement officer shall not refuse to enforce the terms of the order of protection on the grounds that the order has not been filed with the local law enforcement office or entered into the center's protection order registry file unless the law enforcement officer has a reasonable belief that the order is not authentic on its face.

(1) (A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that an out-of-state order of protection exists. (B) A law enforcement officer may rely upon: (i) An out-of-state order of protection that has been provided to the officer by any source; or (ii) (a) The statement of any person protected by an out-of-state order of protection that the order exists; and (b) Verification by the clerk of the court of the other state, the federally recognized Indian tribe, or the territory in writing, by telephone, or by facsimile transmission or other electronic transmission.

(A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that an out-of-state order of protection exists.

(B) A law enforcement officer may rely upon: (i) An out-of-state order of protection that has been provided to the officer by any source; or (ii) (a) The statement of any person protected by an out-of-state order of protection that the order exists; and (b) Verification by the clerk of the court of the other state, the federally recognized Indian tribe, or the territory in writing, by telephone, or by facsimile transmission or other electronic transmission.

(i) An out-of-state order of protection that has been provided to the officer by any source; or

(ii) (a) The statement of any person protected by an out-of-state order of protection that the order exists; and (b) Verification by the clerk of the court of the other state, the federally recognized Indian tribe, or the territory in writing, by telephone, or by facsimile transmission or other electronic transmission.

(a) The statement of any person protected by an out-of-state order of protection that the order exists; and

(b) Verification by the clerk of the court of the other state, the federally recognized Indian tribe, or the territory in writing, by telephone, or by facsimile transmission or other electronic transmission.

(2) (A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that the terms of the order have been violated. (B) The law enforcement officer may rely upon: (i) Any events he or she witnessed; (ii) The statement of any person who claims to be a witness; or (iii) Any other evidence.

(A) When enforcing an out-of-state order of protection, a law enforcement officer shall determine if there is probable cause to believe that the terms of the order have been violated.

(B) The law enforcement officer may rely upon: (i) Any events he or she witnessed; (ii) The statement of any person who claims to be a witness; or (iii) Any other evidence.

(i) Any events he or she witnessed;

(ii) The statement of any person who claims to be a witness; or

(iii) Any other evidence.

(3) A law enforcement officer shall not refuse to enforce the terms of the order of protection on the grounds that the order has not been filed with the local law enforcement office or entered into the center's protection order registry file unless the law enforcement officer has a reasonable belief that the order is not authentic on its face.

Amended by Act 2017, No. 515,§ 5, eff. 8/1/2017

Acts 1995, No. 995, § 3; 2003, No. 651, § 2
Ark. Code Ann. § 9-2-101 — AR Code / Title 9 / Chapter 2 / Section 9-2-101
Name change - Procedure
Status: in_force

(a) Upon the application of any person within the jurisdiction of the court, the circuit court shall have power, upon good reasons shown, to alter or change the name of the person. (b) When application is made to the court under this section, it shall be by a verified petition in writing embodying the reasons for the application. (c) (1) If the court determines cause has been shown, the court shall order the petitioner's name changed in an order that reflects the petitioner's: (A) Prior name; (B) Birth date; (C) Identifying information as deemed appropriate by the court, including without limitation the petitioner's: (i) Social Security number; or (ii) Driver's license number; and (D) New name. (2) (A) (i) The petitioner shall ensure that all confidential information is omitted or redacted from case records that he or she submits to the court in accordance with Supreme Court Administrative Order No. 19.1. (ii) In the case of a filing submitted through the electronic filing system, all confidential information shall be redacted from an electronic document before its filing in accordance with Supreme Court Administrative Order No. 21. (B) The clerk shall ensure that all of the identifying information within the case, other than the petitioner's new name and prior name, is properly redacted. (3) (A) The clerk shall deliver the unredacted order to the: (i) Arkansas Crime Information Center; (ii) Arkansas Driver Control; and (iii) Division of Vital Records, if requested by the petitioner. (B) If the case is not already styled under both the petitioner's new name and prior name, after the name change is ordered, the clerk shall modify the case caption and index the case under both the new name and the prior name. (C) The court shall order the court file sealed upon clear and convincing evidence presented by the petitioner that the petitioner would otherwise be endangered. Amended by Act 2023, No. 331,§ 1, eff. 8/1/2023. Acts 1851, §§ 1, 2, p. 72; C. & M. Dig., §§ 7756, 7757; Pope's Dig., §§ 10123, 10124; Acts 1943, No. 15, § 1; 1985, No. 542, § 1; A.S.A. 1947, §§ 34-801, 34-802; Acts 1989, No. 52, § 1

(a) Upon the application of any person within the jurisdiction of the court, the circuit court shall have power, upon good reasons shown, to alter or change the name of the person.

(b) When application is made to the court under this section, it shall be by a verified petition in writing embodying the reasons for the application.

(c) (1) If the court determines cause has been shown, the court shall order the petitioner's name changed in an order that reflects the petitioner's: (A) Prior name; (B) Birth date; (C) Identifying information as deemed appropriate by the court, including without limitation the petitioner's: (i) Social Security number; or (ii) Driver's license number; and (D) New name. (2) (A) (i) The petitioner shall ensure that all confidential information is omitted or redacted from case records that he or she submits to the court in accordance with Supreme Court Administrative Order No. 19.1. (ii) In the case of a filing submitted through the electronic filing system, all confidential information shall be redacted from an electronic document before its filing in accordance with Supreme Court Administrative Order No. 21. (B) The clerk shall ensure that all of the identifying information within the case, other than the petitioner's new name and prior name, is properly redacted. (3) (A) The clerk shall deliver the unredacted order to the: (i) Arkansas Crime Information Center; (ii) Arkansas Driver Control; and (iii) Division of Vital Records, if requested by the petitioner. (B) If the case is not already styled under both the petitioner's new name and prior name, after the name change is ordered, the clerk shall modify the case caption and index the case under both the new name and the prior name. (C) The court shall order the court file sealed upon clear and convincing evidence presented by the petitioner that the petitioner would otherwise be endangered.

(1) If the court determines cause has been shown, the court shall order the petitioner's name changed in an order that reflects the petitioner's: (A) Prior name; (B) Birth date; (C) Identifying information as deemed appropriate by the court, including without limitation the petitioner's: (i) Social Security number; or (ii) Driver's license number; and (D) New name.

(A) Prior name;

(B) Birth date;

(C) Identifying information as deemed appropriate by the court, including without limitation the petitioner's: (i) Social Security number; or (ii) Driver's license number; and

(i) Social Security number; or

(ii) Driver's license number; and

(D) New name.

(2) (A) (i) The petitioner shall ensure that all confidential information is omitted or redacted from case records that he or she submits to the court in accordance with Supreme Court Administrative Order No. 19.1. (ii) In the case of a filing submitted through the electronic filing system, all confidential information shall be redacted from an electronic document before its filing in accordance with Supreme Court Administrative Order No. 21. (B) The clerk shall ensure that all of the identifying information within the case, other than the petitioner's new name and prior name, is properly redacted.

(A) (i) The petitioner shall ensure that all confidential information is omitted or redacted from case records that he or she submits to the court in accordance with Supreme Court Administrative Order No. 19.1. (ii) In the case of a filing submitted through the electronic filing system, all confidential information shall be redacted from an electronic document before its filing in accordance with Supreme Court Administrative Order No. 21.

(i) The petitioner shall ensure that all confidential information is omitted or redacted from case records that he or she submits to the court in accordance with Supreme Court Administrative Order No. 19.1.

(ii) In the case of a filing submitted through the electronic filing system, all confidential information shall be redacted from an electronic document before its filing in accordance with Supreme Court Administrative Order No. 21.

(B) The clerk shall ensure that all of the identifying information within the case, other than the petitioner's new name and prior name, is properly redacted.

(3) (A) The clerk shall deliver the unredacted order to the: (i) Arkansas Crime Information Center; (ii) Arkansas Driver Control; and (iii) Division of Vital Records, if requested by the petitioner. (B) If the case is not already styled under both the petitioner's new name and prior name, after the name change is ordered, the clerk shall modify the case caption and index the case under both the new name and the prior name. (C) The court shall order the court file sealed upon clear and convincing evidence presented by the petitioner that the petitioner would otherwise be endangered.

(A) The clerk shall deliver the unredacted order to the: (i) Arkansas Crime Information Center; (ii) Arkansas Driver Control; and (iii) Division of Vital Records, if requested by the petitioner.

(i) Arkansas Crime Information Center;

(ii) Arkansas Driver Control; and

(iii) Division of Vital Records, if requested by the petitioner.

(B) If the case is not already styled under both the petitioner's new name and prior name, after the name change is ordered, the clerk shall modify the case caption and index the case under both the new name and the prior name.

(C) The court shall order the court file sealed upon clear and convincing evidence presented by the petitioner that the petitioner would otherwise be endangered.

Amended by Act 2023, No. 331,§ 1, eff. 8/1/2023.

Acts 1851, §§ 1, 2, p. 72; C. & M. Dig., §§ 7756, 7757; Pope's Dig., §§ 10123, 10124; Acts 1943, No. 15, § 1; 1985, No. 542, § 1; A.S.A. 1947, §§ 34-801, 34-802; Acts 1989, No. 52, § 1
Ark. Code Ann. § 9-26-305 — AR Code / Title 9 / Chapter 26 / Subchapter 3 / Section 9-26-305
Title
Status: in_force

This subchapter may be cited as the Uniform Securities Ownership by Minors Act. Acts 1963, No. 530, § 5; A.S.A. 1947, § 50-921

This subchapter may be cited as the Uniform Securities Ownership by Minors Act.

Acts 1963, No. 530, § 5; A.S.A. 1947, § 50-921
Ark. Code Ann. § 9-11-509 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-509
Schedule of separate personal property - Filing - Effect
Status: in_force

(a) A married person owning any separate personal property may make a schedule of the property and file it in the recorder's office of the county where he or she then lives. (b) The schedule so filed, or a duly certified copy thereof, under the hand and seal of the recorder, shall be prima facie evidence, in all courts and places, that the property mentioned in the schedule, together with the issues and increases of the property, is, and was at the date of the making of the schedule, the separate property of the married person. Acts 1875 (Adj. Sess.), No. 91, § 1, p. 172; C. & M. Dig., § 5591; Pope's Dig., § 7241; Acts 1981, No. 873, § 6; A.S.A. 1947, § 55-409

(a) A married person owning any separate personal property may make a schedule of the property and file it in the recorder's office of the county where he or she then lives.

(b) The schedule so filed, or a duly certified copy thereof, under the hand and seal of the recorder, shall be prima facie evidence, in all courts and places, that the property mentioned in the schedule, together with the issues and increases of the property, is, and was at the date of the making of the schedule, the separate property of the married person.

Acts 1875 (Adj. Sess.), No. 91, § 1, p. 172; C. & M. Dig., § 5591; Pope's Dig., § 7241; Acts 1981, No. 873, § 6; A.S.A. 1947, § 55-409
Ark. Code Ann. § 9-18-101 — AR Code / Title 9 / Chapter 18 / Section 9-18-101
Definitions
Status: in_force

As used in this chapter: (1) "Circuit court" means the equity court of each county in the State of Arkansas created under § 16-13-301 [repealed]; (2) "Domestic relations order" means any judgment, decree, or order, including approval of a property settlement agreement, that relates to the provisions for child support, alimony payment, or marital property rights to a spouse, former spouse, child, or other dependents of a participant under Arkansas law; (3) "Participant" means any person or member of a retirement plan; (4) "Qualified domestic relations order" means a domestic relations order: (A) Which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant's retirement plan; (B) Which clearly specifies the name and last known mailing address, if any, of the participant and the name and mailing address of each alternate payee covered by the order, the amount or percentage of the participant's benefits to be paid by the plan to each alternate payee or the manner in which the amount or percentage is determined, the number of payments or period of time to which the order applies, and each retirement plan to which the order applies; and (C) Which does not require the retirement plan to provide any type or form of benefit, or pay options not otherwise available under the plan, does not require the plan to provide increased benefits, and does not require the payment of benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and (5) "Retirement plan" means any retirement plan, private or public, including, but not limited to: (A) The Arkansas Teacher Retirement System; (B) The State Police Retirement System; (C) The Arkansas State Highway Employees' Retirement System; (D) The Arkansas Public Employees' Retirement System; (E) The Arkansas Judicial Retirement System; and (F) Other state-supported alternate retirement systems. Acts 1993, No. 1143, § 1

As used in this chapter:

(1) "Circuit court" means the equity court of each county in the State of Arkansas created under § 16-13-301 [repealed];

(2) "Domestic relations order" means any judgment, decree, or order, including approval of a property settlement agreement, that relates to the provisions for child support, alimony payment, or marital property rights to a spouse, former spouse, child, or other dependents of a participant under Arkansas law;

(3) "Participant" means any person or member of a retirement plan;

(4) "Qualified domestic relations order" means a domestic relations order: (A) Which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant's retirement plan; (B) Which clearly specifies the name and last known mailing address, if any, of the participant and the name and mailing address of each alternate payee covered by the order, the amount or percentage of the participant's benefits to be paid by the plan to each alternate payee or the manner in which the amount or percentage is determined, the number of payments or period of time to which the order applies, and each retirement plan to which the order applies; and (C) Which does not require the retirement plan to provide any type or form of benefit, or pay options not otherwise available under the plan, does not require the plan to provide increased benefits, and does not require the payment of benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and

(A) Which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a portion of the benefits payable with respect to a participant's retirement plan;

(B) Which clearly specifies the name and last known mailing address, if any, of the participant and the name and mailing address of each alternate payee covered by the order, the amount or percentage of the participant's benefits to be paid by the plan to each alternate payee or the manner in which the amount or percentage is determined, the number of payments or period of time to which the order applies, and each retirement plan to which the order applies; and

(C) Which does not require the retirement plan to provide any type or form of benefit, or pay options not otherwise available under the plan, does not require the plan to provide increased benefits, and does not require the payment of benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; and

(5) "Retirement plan" means any retirement plan, private or public, including, but not limited to: (A) The Arkansas Teacher Retirement System; (B) The State Police Retirement System; (C) The Arkansas State Highway Employees' Retirement System; (D) The Arkansas Public Employees' Retirement System; (E) The Arkansas Judicial Retirement System; and (F) Other state-supported alternate retirement systems.

(A) The Arkansas Teacher Retirement System;

(B) The State Police Retirement System;

(C) The Arkansas State Highway Employees' Retirement System;

(D) The Arkansas Public Employees' Retirement System;

(E) The Arkansas Judicial Retirement System; and

(F) Other state-supported alternate retirement systems.

Acts 1993, No. 1143, § 1
Ark. Code Ann. § 9-28-103 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-103
Division of Children and Family Services - Powers and duties
Status: in_force

(a) The Division of Children and Family Services shall perform the following functions and have the authority and responsibility to: (1) Coordinate communication between various components of the child welfare system; (2) Provide services to dependent-neglected children and their families; (3) Investigate reports of child maltreatment and assess the health, safety, and well-being of the child during the investigation; (4) Provide services, when appropriate, designed to allow a maltreated child to safely remain in his or her home; (5) Protect a child when remaining in the home presents an immediate danger to the health, safety, or well-being of the child; (6) Ensure child placements support the goal of permanency for children when the division is responsible for the placement and care of a child; and (7) Ensure the health, safety, and well-being of children when the division is responsible for the placement and care of a child. (b) The division may promulgate rules necessary to administer this subchapter. Acts 2011, No. 591, § 1

(a) The Division of Children and Family Services shall perform the following functions and have the authority and responsibility to: (1) Coordinate communication between various components of the child welfare system; (2) Provide services to dependent-neglected children and their families; (3) Investigate reports of child maltreatment and assess the health, safety, and well-being of the child during the investigation; (4) Provide services, when appropriate, designed to allow a maltreated child to safely remain in his or her home; (5) Protect a child when remaining in the home presents an immediate danger to the health, safety, or well-being of the child; (6) Ensure child placements support the goal of permanency for children when the division is responsible for the placement and care of a child; and (7) Ensure the health, safety, and well-being of children when the division is responsible for the placement and care of a child.

(1) Coordinate communication between various components of the child welfare system;

(2) Provide services to dependent-neglected children and their families;

(3) Investigate reports of child maltreatment and assess the health, safety, and well-being of the child during the investigation;

(4) Provide services, when appropriate, designed to allow a maltreated child to safely remain in his or her home;

(5) Protect a child when remaining in the home presents an immediate danger to the health, safety, or well-being of the child;

(6) Ensure child placements support the goal of permanency for children when the division is responsible for the placement and care of a child; and

(7) Ensure the health, safety, and well-being of children when the division is responsible for the placement and care of a child.

(b) The division may promulgate rules necessary to administer this subchapter.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-15-203 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-203
Petition - Form
Status: in_force

(a) The circuit clerk shall provide simplified forms and clerical assistance to help petitioners with the writing and filing of a petition under this chapter if the petitioner is not represented by counsel. (b) The petition form shall not require or suggest that a petitioner include his or her Social Security number or the Social Security number of the respondent in the petition. (c) (1) (A) A petitioner may omit his or her home address or business address from all documents filed with the court. (B) If a petitioner omits his or her home address, the petitioner shall provide the court with a mailing address. (2) If disclosure of a petitioner's home address is necessary to determine jurisdiction or consider venue, the court may order the disclosure of the petitioner's home address: (A) After receiving the petitioner's consent; (B) Orally and in chambers, out of the presence of the respondent, and a sealed record to be made; or (C) After a hearing, if the court takes into consideration the safety of the petitioner and finds the disclosure in the interest of justice. (d) The petition may be in substantially the following form: Click here to view form. Acts 1991, No. 266, § 3; 1999, No. 662, § 1; 2001, No. 1678, § 4; 2005, No. 55, § 1; 2005, No. 1875, § 4; 2007, No. 314, § 2; 2009, No. 698, § 3

(a) The circuit clerk shall provide simplified forms and clerical assistance to help petitioners with the writing and filing of a petition under this chapter if the petitioner is not represented by counsel.

(b) The petition form shall not require or suggest that a petitioner include his or her Social Security number or the Social Security number of the respondent in the petition.

(c) (1) (A) A petitioner may omit his or her home address or business address from all documents filed with the court. (B) If a petitioner omits his or her home address, the petitioner shall provide the court with a mailing address. (2) If disclosure of a petitioner's home address is necessary to determine jurisdiction or consider venue, the court may order the disclosure of the petitioner's home address: (A) After receiving the petitioner's consent; (B) Orally and in chambers, out of the presence of the respondent, and a sealed record to be made; or (C) After a hearing, if the court takes into consideration the safety of the petitioner and finds the disclosure in the interest of justice.

(1) (A) A petitioner may omit his or her home address or business address from all documents filed with the court. (B) If a petitioner omits his or her home address, the petitioner shall provide the court with a mailing address.

(A) A petitioner may omit his or her home address or business address from all documents filed with the court.

(B) If a petitioner omits his or her home address, the petitioner shall provide the court with a mailing address.

(2) If disclosure of a petitioner's home address is necessary to determine jurisdiction or consider venue, the court may order the disclosure of the petitioner's home address: (A) After receiving the petitioner's consent; (B) Orally and in chambers, out of the presence of the respondent, and a sealed record to be made; or (C) After a hearing, if the court takes into consideration the safety of the petitioner and finds the disclosure in the interest of justice.

(A) After receiving the petitioner's consent;

(B) Orally and in chambers, out of the presence of the respondent, and a sealed record to be made; or

(C) After a hearing, if the court takes into consideration the safety of the petitioner and finds the disclosure in the interest of justice.

(d) The petition may be in substantially the following form: Click here to view form.

Click here to view form.

Acts 1991, No. 266, § 3; 1999, No. 662, § 1; 2001, No. 1678, § 4; 2005, No. 55, § 1; 2005, No. 1875, § 4; 2007, No. 314, § 2; 2009, No. 698, § 3

15_203_1 - Attachment
Ark. Code Ann. § 9-19-110 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-110
Communication between courts
Status: in_force

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. (b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication. (d) Except as otherwise provided in subsection (c) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. (e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Acts 1999, No. 668, § 110

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.

(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.

(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.

(d) Except as otherwise provided in subsection (c) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.

(e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Acts 1999, No. 668, § 110