Ark. Code Ann. § 9-15-219 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-219
Order of protection - Course of control - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Course of control" means a pattern of behavior that in purpose or effect unreasonably interferes with the free will and personal liberty of a person. (B) "Course of control" includes without limitation the following: (i) Unreasonably isolating a person from his or her friends, relatives, or other sources of support; (ii) Unreasonably depriving a person of basic necessities; (iii) Unreasonably controlling, regulating, or monitoring a person's movements, communications, daily behavior, finances, economic resources, or access to resources; and (iv) Unreasonably compelling a person by intimidation, force, threat of force, or threat based on actual or suspected immigration status to engage in conduct from which the person has a right to abstain or to abstain from conduct in which the person has a right to engage; and (2) (A) "Disturbing the peace" means a pattern of behavior that unreasonably destroys the mental or emotional calm of a family or household member based on the totality of the circumstances. (B) "Disturbing the peace" includes without limitation course of control. (b) A court may enter an ex parte order enjoining a party from engaging in course of control or disturbing the peace, including without limitation through one (1) or more of the following acts: (1) Molesting the other party; (2) Attacking the other party; (3) Striking the other party; (4) Stalking the other party; (5) Threatening the other party; (6) Sexually assaulting the other party; (7) Battering the other party; (8) Credibly impersonating the other party; (9) Falsely impersonating the other party; (10) Harassing the other party; (11) Telephoning the other party with the intent to harass the other party; (12) Destroying the personal property of the other party; (13) Directly or indirectly contacting the other party with the intent to harass the other party; (14) Coming within a specified distance of the other party; (15) Disturbing the peace of the other party; (16) Disturbing the peace of a family member or household member of the other party; or (17) Any other act that the court determines should be enjoined. (c) (1) Upon a showing of good cause, an order of protection may include an order granting the petitioner the exclusive care, possession, or control of an animal owned, possessed, leased, kept, or held by: (A) The petitioner; (B) The respondent; or (C) A minor residing in the residence or household of either the petitioner or respondent. (2) The court may order the respondent to refrain from: (A) Coming into contact with the animal; or (B) Taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal. (d) This section does not limit any other remedy available to a petitioner by another provision of law. Added by Act 2021, No. 1068,§ 2, eff. 7/28/2021.

(a) As used in this section: (1) (A) "Course of control" means a pattern of behavior that in purpose or effect unreasonably interferes with the free will and personal liberty of a person. (B) "Course of control" includes without limitation the following: (i) Unreasonably isolating a person from his or her friends, relatives, or other sources of support; (ii) Unreasonably depriving a person of basic necessities; (iii) Unreasonably controlling, regulating, or monitoring a person's movements, communications, daily behavior, finances, economic resources, or access to resources; and (iv) Unreasonably compelling a person by intimidation, force, threat of force, or threat based on actual or suspected immigration status to engage in conduct from which the person has a right to abstain or to abstain from conduct in which the person has a right to engage; and (2) (A) "Disturbing the peace" means a pattern of behavior that unreasonably destroys the mental or emotional calm of a family or household member based on the totality of the circumstances. (B) "Disturbing the peace" includes without limitation course of control.

(1) (A) "Course of control" means a pattern of behavior that in purpose or effect unreasonably interferes with the free will and personal liberty of a person. (B) "Course of control" includes without limitation the following: (i) Unreasonably isolating a person from his or her friends, relatives, or other sources of support; (ii) Unreasonably depriving a person of basic necessities; (iii) Unreasonably controlling, regulating, or monitoring a person's movements, communications, daily behavior, finances, economic resources, or access to resources; and (iv) Unreasonably compelling a person by intimidation, force, threat of force, or threat based on actual or suspected immigration status to engage in conduct from which the person has a right to abstain or to abstain from conduct in which the person has a right to engage; and

(A) "Course of control" means a pattern of behavior that in purpose or effect unreasonably interferes with the free will and personal liberty of a person.

(B) "Course of control" includes without limitation the following: (i) Unreasonably isolating a person from his or her friends, relatives, or other sources of support; (ii) Unreasonably depriving a person of basic necessities; (iii) Unreasonably controlling, regulating, or monitoring a person's movements, communications, daily behavior, finances, economic resources, or access to resources; and (iv) Unreasonably compelling a person by intimidation, force, threat of force, or threat based on actual or suspected immigration status to engage in conduct from which the person has a right to abstain or to abstain from conduct in which the person has a right to engage; and

(i) Unreasonably isolating a person from his or her friends, relatives, or other sources of support;

(ii) Unreasonably depriving a person of basic necessities;

(iii) Unreasonably controlling, regulating, or monitoring a person's movements, communications, daily behavior, finances, economic resources, or access to resources; and

(iv) Unreasonably compelling a person by intimidation, force, threat of force, or threat based on actual or suspected immigration status to engage in conduct from which the person has a right to abstain or to abstain from conduct in which the person has a right to engage; and

(2) (A) "Disturbing the peace" means a pattern of behavior that unreasonably destroys the mental or emotional calm of a family or household member based on the totality of the circumstances. (B) "Disturbing the peace" includes without limitation course of control.

(A) "Disturbing the peace" means a pattern of behavior that unreasonably destroys the mental or emotional calm of a family or household member based on the totality of the circumstances.

(B) "Disturbing the peace" includes without limitation course of control.

(b) A court may enter an ex parte order enjoining a party from engaging in course of control or disturbing the peace, including without limitation through one (1) or more of the following acts: (1) Molesting the other party; (2) Attacking the other party; (3) Striking the other party; (4) Stalking the other party; (5) Threatening the other party; (6) Sexually assaulting the other party; (7) Battering the other party; (8) Credibly impersonating the other party; (9) Falsely impersonating the other party; (10) Harassing the other party; (11) Telephoning the other party with the intent to harass the other party; (12) Destroying the personal property of the other party; (13) Directly or indirectly contacting the other party with the intent to harass the other party; (14) Coming within a specified distance of the other party; (15) Disturbing the peace of the other party; (16) Disturbing the peace of a family member or household member of the other party; or (17) Any other act that the court determines should be enjoined.

(1) Molesting the other party;

(2) Attacking the other party;

(3) Striking the other party;

(4) Stalking the other party;

(5) Threatening the other party;

(6) Sexually assaulting the other party;

(7) Battering the other party;

(8) Credibly impersonating the other party;

(9) Falsely impersonating the other party;

(10) Harassing the other party;

(11) Telephoning the other party with the intent to harass the other party;

(12) Destroying the personal property of the other party;

(13) Directly or indirectly contacting the other party with the intent to harass the other party;

(14) Coming within a specified distance of the other party;

(15) Disturbing the peace of the other party;

(16) Disturbing the peace of a family member or household member of the other party; or

(17) Any other act that the court determines should be enjoined.

(c) (1) Upon a showing of good cause, an order of protection may include an order granting the petitioner the exclusive care, possession, or control of an animal owned, possessed, leased, kept, or held by: (A) The petitioner; (B) The respondent; or (C) A minor residing in the residence or household of either the petitioner or respondent. (2) The court may order the respondent to refrain from: (A) Coming into contact with the animal; or (B) Taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

(1) Upon a showing of good cause, an order of protection may include an order granting the petitioner the exclusive care, possession, or control of an animal owned, possessed, leased, kept, or held by: (A) The petitioner; (B) The respondent; or (C) A minor residing in the residence or household of either the petitioner or respondent.

(A) The petitioner;

(B) The respondent; or

(C) A minor residing in the residence or household of either the petitioner or respondent.

(2) The court may order the respondent to refrain from: (A) Coming into contact with the animal; or (B) Taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

(A) Coming into contact with the animal; or

(B) Taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

(d) This section does not limit any other remedy available to a petitioner by another provision of law.

Added by Act 2021, No. 1068,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 9-14-208 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-208
Office of Child Support Enforcement - Powers to obtain information - Penalty - Immunity - Definitions
Status: in_force

(a) As used in this section: (1) "Business" means any corporation, partnership, cable television company, association, individual, utility company that is organized privately, as a cooperative, or as a quasi-public entity, or labor or other organization maintaining an office, doing business, or having a registered agent in the State of Arkansas; (2) "Financial entity" means any bank, trust company, savings and loan association, credit union, insurance company, or any corporation, association, partnership, or individual receiving or accepting money or its equivalent on deposit as a business in the State of Arkansas; (3) "Information" includes without limitation the following: (A) The full name of a parent; (B) The Social Security number of a parent; (C) The date of birth of a parent; (D) The last known mailing and residential address of a parent; (E) The amount of wages, salaries, earnings, or commissions earned by or paid to a parent; (F) The number of dependents declared by a parent on state and federal tax information and reporting forms; (G) The name of the company, policy numbers, and dependent coverage for any medical insurance carried by and on behalf of a parent; (H) The name of the company, policy numbers, and the cash values, if any, of any life insurance policies or annuity contracts that are carried by or on behalf of or owned by a parent; and (I) Any retirement benefits, pension plans, or stock purchase plans maintained on behalf of or owned by a parent and the value of the retirement benefit, pension plan, or stock purchase plan, employee contributions to the retirement benefit, pension plan, or stock purchase plan, and the extent to which each retirement benefit, pension plan, or stock purchase plan is vested; (4) "Office of Child Support Enforcement" means the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or a local child support enforcement unit contracting under § 9-14-207 to establish and enforce support obligations; (5) "Parent" means a natural or adoptive parent, including a putative father, for or against whom the Office of Child Support Enforcement is enforcing or seeking to enforce a support obligation pursuant to a plan described in Title IV-D of the Social Security Act; and (6) "State or local government agency" means any department, board, bureau, commission, office, or other agency of this state or any local unit of government of this state. (b) (1) For the purpose of locating and determining resources of either parent, the Office of Child Support Enforcement may request and receive information from the Federal Parent Locator Service, from available records in other states, territories, and the District of Columbia, from the records of all state or local government agencies, and from businesses and financial entities. (2) The Administrator of the Office of Child Support Enforcement may enter into cooperative agreements with other state or local government agencies, businesses, or financial entities to provide direct online access to data information terminals, computers, or other electronic information systems. (3) State or local government agencies, businesses, and financial entities shall provide information if known or chronicled in their business records, notwithstanding any other provision of law making the information confidential. (4) (A) In addition, the Office of Child Support Enforcement, pursuant to an agreement with the United States Secretary of Health and Human Services, or his or her designee, may request and receive from the Federal Parent Locator Service information authorized under 42 U.S.C. § 653 , for the purpose of determining the whereabouts of any parent or child. (B) The information described in subdivision (b)(4)(A) of this section may be requested and received when it is to be used to locate the parent or child for the purpose of enforcing any state or federal law with respect to the unlawful taking or restraining of a child or for the purpose of making or enforcing a child custody determination. (c) (1) Any business or financial entity that has received a request as provided by subsection (b) of this section from the Office of Child Support Enforcement or from a child support enforcement program administered by any other state under Title IV-D of the Social Security Act shall further cooperate with the Office of Child Support Enforcement or a requesting state in discovering, retrieving, and transmitting information contained in the business records that would be useful in locating parents or in establishing or enforcing child support orders and shall provide the requested information or a statement that any or all of the requested information is not known or available to the business or financial entity. (2) The business or financial entity shall provide the requested information or the statement under subdivision (c)(1) of this section within thirty (30) days of receipt of the request, or the business or financial entity shall be liable for civil penalties of up to one hundred dollars ($100) for each day after the thirty-day period in which the business or financial entity fails to provide the information requested. (d) Any business or financial entity, or any officer, agent, or employee of a business or financial entity, participating in good faith and providing information requested under this section, shall be immune from liability and suit for damages that might otherwise result from the release of the information to the Office of Child Support Enforcement or to a child support enforcement program administered by a requesting state. (e) (1) Each financial entity shall cooperate with the Office of Child Support Enforcement to develop, implement, and operate an electronic automated data match system, using automated data exchanges to the maximum extent feasible, in which each financial entity shall provide to the Office of Child Support Enforcement per calendar quarter the name, record address, Social Security number or other taxpayer identification number, and other identifying information for each payor parent who maintains an account at the financial entity and who owes past-due child support, as identified by the Office of Child Support Enforcement by name and Social Security number or other taxpayer identification number. (2) For purposes of this subsection, the term "account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account. (3) The Office of Child Support Enforcement is authorized to pay a reasonable fee to a financial entity for conducting an automated data match, not to exceed the actual costs incurred by the financial entity. (f) Pursuant to subsection (e) of this section, each financial entity, in response to a notice of lien or levy, shall encumber or surrender assets held by the financial entity on behalf of any payor parent who is subject to a child support lien pursuant to judgment or by operation of law. (g) In cases in which there is overdue child support and in an effort to seize assets to satisfy any current support obligation and the arrearage, the Office of Child Support Enforcement is authorized to: (1) Intercept or seize periodic or lump-sum payments from: (A) A state or local government agency, including unemployment compensation, workers' compensation, or other benefits; and (B) Judgments, settlements, prizes, and lotteries for the full amount of the current support obligation and arrearage owed or the net lump-sum payment, whichever is less; (2) Attach and seize assets of the payor parent held in financial institutions; (3) Attach public and private retirement funds, including any union retirement fund and railroad retirement; and (4) Impose liens in accordance with subsection (f) of this section and, in appropriate cases, to force sale of property and distribution of proceeds. (h) (1) The withholdings, intercepts, and seizures as set out in subsection (g) of this section may be initiated by the Office of Child Support Enforcement without obtaining a prior order from any court but shall be carried out in full compliance with published administrative procedures, including due process safeguards, promulgated by the Office of Child Support Enforcement. (2) (A) The rules shall require written notice to each parent and payor parent to whom this section applies: (i) That the withholding, intercept, or seizure has commenced; and (ii) Of the right to an administrative hearing and the procedures to follow if the parent or payor parent desires to contest the withholding, intercept, or seizure on the grounds that the withholding, intercept, or seizure is improper due to a mistake of fact. (B) The notice to the parent and payor parent pursuant to subdivision (h)(2)(A) of this section shall include the information provided to the employer, agency, or financial entity under subsection (e) of this section. (i) Any financial entity, or any officer, agent, or employee of a financial entity, participating in good faith and providing information requested pursuant to subsection (e) of this section or encumbering or surrendering assets pursuant to subsection (f) or subsection (g) of this section, shall be immune from liability and suit for damages that might otherwise result from the release of the information or the encumbering or surrendering of the assets to the Office of Child Support Enforcement. (j) Any information obtained under the provisions of this section shall become a business record of the Office of Child Support Enforcement, subject to the privacy safeguards set out in § 9-14-210(g) -(l). Amended by Act 2021, No. 927,§ 9, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 714, eff. 7/24/2019. Acts 1985, No. 989, § 25; A.S.A. 1947, § 34-1243; Acts 1991, No. 542, § 3; 1993, No. 928, § 1; 1993, No. 964, § 1; 1995, No. 1184, § 8; 1997, No. 1296, § 21; 1999, No. 1514, § 9; 2001, No. 1248, §§ 6, 7; 2009, No. 551, § 4

(a) As used in this section: (1) "Business" means any corporation, partnership, cable television company, association, individual, utility company that is organized privately, as a cooperative, or as a quasi-public entity, or labor or other organization maintaining an office, doing business, or having a registered agent in the State of Arkansas; (2) "Financial entity" means any bank, trust company, savings and loan association, credit union, insurance company, or any corporation, association, partnership, or individual receiving or accepting money or its equivalent on deposit as a business in the State of Arkansas; (3) "Information" includes without limitation the following: (A) The full name of a parent; (B) The Social Security number of a parent; (C) The date of birth of a parent; (D) The last known mailing and residential address of a parent; (E) The amount of wages, salaries, earnings, or commissions earned by or paid to a parent; (F) The number of dependents declared by a parent on state and federal tax information and reporting forms; (G) The name of the company, policy numbers, and dependent coverage for any medical insurance carried by and on behalf of a parent; (H) The name of the company, policy numbers, and the cash values, if any, of any life insurance policies or annuity contracts that are carried by or on behalf of or owned by a parent; and (I) Any retirement benefits, pension plans, or stock purchase plans maintained on behalf of or owned by a parent and the value of the retirement benefit, pension plan, or stock purchase plan, employee contributions to the retirement benefit, pension plan, or stock purchase plan, and the extent to which each retirement benefit, pension plan, or stock purchase plan is vested; (4) "Office of Child Support Enforcement" means the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or a local child support enforcement unit contracting under § 9-14-207 to establish and enforce support obligations; (5) "Parent" means a natural or adoptive parent, including a putative father, for or against whom the Office of Child Support Enforcement is enforcing or seeking to enforce a support obligation pursuant to a plan described in Title IV-D of the Social Security Act; and (6) "State or local government agency" means any department, board, bureau, commission, office, or other agency of this state or any local unit of government of this state.

(1) "Business" means any corporation, partnership, cable television company, association, individual, utility company that is organized privately, as a cooperative, or as a quasi-public entity, or labor or other organization maintaining an office, doing business, or having a registered agent in the State of Arkansas;

(2) "Financial entity" means any bank, trust company, savings and loan association, credit union, insurance company, or any corporation, association, partnership, or individual receiving or accepting money or its equivalent on deposit as a business in the State of Arkansas;

(3) "Information" includes without limitation the following: (A) The full name of a parent; (B) The Social Security number of a parent; (C) The date of birth of a parent; (D) The last known mailing and residential address of a parent; (E) The amount of wages, salaries, earnings, or commissions earned by or paid to a parent; (F) The number of dependents declared by a parent on state and federal tax information and reporting forms; (G) The name of the company, policy numbers, and dependent coverage for any medical insurance carried by and on behalf of a parent; (H) The name of the company, policy numbers, and the cash values, if any, of any life insurance policies or annuity contracts that are carried by or on behalf of or owned by a parent; and (I) Any retirement benefits, pension plans, or stock purchase plans maintained on behalf of or owned by a parent and the value of the retirement benefit, pension plan, or stock purchase plan, employee contributions to the retirement benefit, pension plan, or stock purchase plan, and the extent to which each retirement benefit, pension plan, or stock purchase plan is vested;

(A) The full name of a parent;

(B) The Social Security number of a parent;

(C) The date of birth of a parent;

(D) The last known mailing and residential address of a parent;

(E) The amount of wages, salaries, earnings, or commissions earned by or paid to a parent;

(F) The number of dependents declared by a parent on state and federal tax information and reporting forms;

(G) The name of the company, policy numbers, and dependent coverage for any medical insurance carried by and on behalf of a parent;

(H) The name of the company, policy numbers, and the cash values, if any, of any life insurance policies or annuity contracts that are carried by or on behalf of or owned by a parent; and

(I) Any retirement benefits, pension plans, or stock purchase plans maintained on behalf of or owned by a parent and the value of the retirement benefit, pension plan, or stock purchase plan, employee contributions to the retirement benefit, pension plan, or stock purchase plan, and the extent to which each retirement benefit, pension plan, or stock purchase plan is vested;

(4) "Office of Child Support Enforcement" means the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or a local child support enforcement unit contracting under § 9-14-207 to establish and enforce support obligations;

(5) "Parent" means a natural or adoptive parent, including a putative father, for or against whom the Office of Child Support Enforcement is enforcing or seeking to enforce a support obligation pursuant to a plan described in Title IV-D of the Social Security Act; and

(6) "State or local government agency" means any department, board, bureau, commission, office, or other agency of this state or any local unit of government of this state.

(b) (1) For the purpose of locating and determining resources of either parent, the Office of Child Support Enforcement may request and receive information from the Federal Parent Locator Service, from available records in other states, territories, and the District of Columbia, from the records of all state or local government agencies, and from businesses and financial entities. (2) The Administrator of the Office of Child Support Enforcement may enter into cooperative agreements with other state or local government agencies, businesses, or financial entities to provide direct online access to data information terminals, computers, or other electronic information systems. (3) State or local government agencies, businesses, and financial entities shall provide information if known or chronicled in their business records, notwithstanding any other provision of law making the information confidential. (4) (A) In addition, the Office of Child Support Enforcement, pursuant to an agreement with the United States Secretary of Health and Human Services, or his or her designee, may request and receive from the Federal Parent Locator Service information authorized under 42 U.S.C. § 653 , for the purpose of determining the whereabouts of any parent or child. (B) The information described in subdivision (b)(4)(A) of this section may be requested and received when it is to be used to locate the parent or child for the purpose of enforcing any state or federal law with respect to the unlawful taking or restraining of a child or for the purpose of making or enforcing a child custody determination.

(1) For the purpose of locating and determining resources of either parent, the Office of Child Support Enforcement may request and receive information from the Federal Parent Locator Service, from available records in other states, territories, and the District of Columbia, from the records of all state or local government agencies, and from businesses and financial entities.

(2) The Administrator of the Office of Child Support Enforcement may enter into cooperative agreements with other state or local government agencies, businesses, or financial entities to provide direct online access to data information terminals, computers, or other electronic information systems.

(3) State or local government agencies, businesses, and financial entities shall provide information if known or chronicled in their business records, notwithstanding any other provision of law making the information confidential.

(4) (A) In addition, the Office of Child Support Enforcement, pursuant to an agreement with the United States Secretary of Health and Human Services, or his or her designee, may request and receive from the Federal Parent Locator Service information authorized under 42 U.S.C. § 653 , for the purpose of determining the whereabouts of any parent or child. (B) The information described in subdivision (b)(4)(A) of this section may be requested and received when it is to be used to locate the parent or child for the purpose of enforcing any state or federal law with respect to the unlawful taking or restraining of a child or for the purpose of making or enforcing a child custody determination.

(A) In addition, the Office of Child Support Enforcement, pursuant to an agreement with the United States Secretary of Health and Human Services, or his or her designee, may request and receive from the Federal Parent Locator Service information authorized under 42 U.S.C. § 653 , for the purpose of determining the whereabouts of any parent or child.

(B) The information described in subdivision (b)(4)(A) of this section may be requested and received when it is to be used to locate the parent or child for the purpose of enforcing any state or federal law with respect to the unlawful taking or restraining of a child or for the purpose of making or enforcing a child custody determination.

(c) (1) Any business or financial entity that has received a request as provided by subsection (b) of this section from the Office of Child Support Enforcement or from a child support enforcement program administered by any other state under Title IV-D of the Social Security Act shall further cooperate with the Office of Child Support Enforcement or a requesting state in discovering, retrieving, and transmitting information contained in the business records that would be useful in locating parents or in establishing or enforcing child support orders and shall provide the requested information or a statement that any or all of the requested information is not known or available to the business or financial entity. (2) The business or financial entity shall provide the requested information or the statement under subdivision (c)(1) of this section within thirty (30) days of receipt of the request, or the business or financial entity shall be liable for civil penalties of up to one hundred dollars ($100) for each day after the thirty-day period in which the business or financial entity fails to provide the information requested.

(1) Any business or financial entity that has received a request as provided by subsection (b) of this section from the Office of Child Support Enforcement or from a child support enforcement program administered by any other state under Title IV-D of the Social Security Act shall further cooperate with the Office of Child Support Enforcement or a requesting state in discovering, retrieving, and transmitting information contained in the business records that would be useful in locating parents or in establishing or enforcing child support orders and shall provide the requested information or a statement that any or all of the requested information is not known or available to the business or financial entity.

(2) The business or financial entity shall provide the requested information or the statement under subdivision (c)(1) of this section within thirty (30) days of receipt of the request, or the business or financial entity shall be liable for civil penalties of up to one hundred dollars ($100) for each day after the thirty-day period in which the business or financial entity fails to provide the information requested.

(d) Any business or financial entity, or any officer, agent, or employee of a business or financial entity, participating in good faith and providing information requested under this section, shall be immune from liability and suit for damages that might otherwise result from the release of the information to the Office of Child Support Enforcement or to a child support enforcement program administered by a requesting state.

(e) (1) Each financial entity shall cooperate with the Office of Child Support Enforcement to develop, implement, and operate an electronic automated data match system, using automated data exchanges to the maximum extent feasible, in which each financial entity shall provide to the Office of Child Support Enforcement per calendar quarter the name, record address, Social Security number or other taxpayer identification number, and other identifying information for each payor parent who maintains an account at the financial entity and who owes past-due child support, as identified by the Office of Child Support Enforcement by name and Social Security number or other taxpayer identification number. (2) For purposes of this subsection, the term "account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account. (3) The Office of Child Support Enforcement is authorized to pay a reasonable fee to a financial entity for conducting an automated data match, not to exceed the actual costs incurred by the financial entity.

(1) Each financial entity shall cooperate with the Office of Child Support Enforcement to develop, implement, and operate an electronic automated data match system, using automated data exchanges to the maximum extent feasible, in which each financial entity shall provide to the Office of Child Support Enforcement per calendar quarter the name, record address, Social Security number or other taxpayer identification number, and other identifying information for each payor parent who maintains an account at the financial entity and who owes past-due child support, as identified by the Office of Child Support Enforcement by name and Social Security number or other taxpayer identification number.

(2) For purposes of this subsection, the term "account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money market mutual fund account.

(3) The Office of Child Support Enforcement is authorized to pay a reasonable fee to a financial entity for conducting an automated data match, not to exceed the actual costs incurred by the financial entity.

(f) Pursuant to subsection (e) of this section, each financial entity, in response to a notice of lien or levy, shall encumber or surrender assets held by the financial entity on behalf of any payor parent who is subject to a child support lien pursuant to judgment or by operation of law.

(g) In cases in which there is overdue child support and in an effort to seize assets to satisfy any current support obligation and the arrearage, the Office of Child Support Enforcement is authorized to: (1) Intercept or seize periodic or lump-sum payments from: (A) A state or local government agency, including unemployment compensation, workers' compensation, or other benefits; and (B) Judgments, settlements, prizes, and lotteries for the full amount of the current support obligation and arrearage owed or the net lump-sum payment, whichever is less; (2) Attach and seize assets of the payor parent held in financial institutions; (3) Attach public and private retirement funds, including any union retirement fund and railroad retirement; and (4) Impose liens in accordance with subsection (f) of this section and, in appropriate cases, to force sale of property and distribution of proceeds.

(1) Intercept or seize periodic or lump-sum payments from: (A) A state or local government agency, including unemployment compensation, workers' compensation, or other benefits; and (B) Judgments, settlements, prizes, and lotteries for the full amount of the current support obligation and arrearage owed or the net lump-sum payment, whichever is less;

(A) A state or local government agency, including unemployment compensation, workers' compensation, or other benefits; and

(B) Judgments, settlements, prizes, and lotteries for the full amount of the current support obligation and arrearage owed or the net lump-sum payment, whichever is less;

(2) Attach and seize assets of the payor parent held in financial institutions;

(3) Attach public and private retirement funds, including any union retirement fund and railroad retirement; and

(4) Impose liens in accordance with subsection (f) of this section and, in appropriate cases, to force sale of property and distribution of proceeds.

(h) (1) The withholdings, intercepts, and seizures as set out in subsection (g) of this section may be initiated by the Office of Child Support Enforcement without obtaining a prior order from any court but shall be carried out in full compliance with published administrative procedures, including due process safeguards, promulgated by the Office of Child Support Enforcement. (2) (A) The rules shall require written notice to each parent and payor parent to whom this section applies: (i) That the withholding, intercept, or seizure has commenced; and (ii) Of the right to an administrative hearing and the procedures to follow if the parent or payor parent desires to contest the withholding, intercept, or seizure on the grounds that the withholding, intercept, or seizure is improper due to a mistake of fact. (B) The notice to the parent and payor parent pursuant to subdivision (h)(2)(A) of this section shall include the information provided to the employer, agency, or financial entity under subsection (e) of this section.

(1) The withholdings, intercepts, and seizures as set out in subsection (g) of this section may be initiated by the Office of Child Support Enforcement without obtaining a prior order from any court but shall be carried out in full compliance with published administrative procedures, including due process safeguards, promulgated by the Office of Child Support Enforcement.

(2) (A) The rules shall require written notice to each parent and payor parent to whom this section applies: (i) That the withholding, intercept, or seizure has commenced; and (ii) Of the right to an administrative hearing and the procedures to follow if the parent or payor parent desires to contest the withholding, intercept, or seizure on the grounds that the withholding, intercept, or seizure is improper due to a mistake of fact. (B) The notice to the parent and payor parent pursuant to subdivision (h)(2)(A) of this section shall include the information provided to the employer, agency, or financial entity under subsection (e) of this section.

(A) The rules shall require written notice to each parent and payor parent to whom this section applies: (i) That the withholding, intercept, or seizure has commenced; and (ii) Of the right to an administrative hearing and the procedures to follow if the parent or payor parent desires to contest the withholding, intercept, or seizure on the grounds that the withholding, intercept, or seizure is improper due to a mistake of fact.

(i) That the withholding, intercept, or seizure has commenced; and

(ii) Of the right to an administrative hearing and the procedures to follow if the parent or payor parent desires to contest the withholding, intercept, or seizure on the grounds that the withholding, intercept, or seizure is improper due to a mistake of fact.

(B) The notice to the parent and payor parent pursuant to subdivision (h)(2)(A) of this section shall include the information provided to the employer, agency, or financial entity under subsection (e) of this section.

(i) Any financial entity, or any officer, agent, or employee of a financial entity, participating in good faith and providing information requested pursuant to subsection (e) of this section or encumbering or surrendering assets pursuant to subsection (f) or subsection (g) of this section, shall be immune from liability and suit for damages that might otherwise result from the release of the information or the encumbering or surrendering of the assets to the Office of Child Support Enforcement.

(j) Any information obtained under the provisions of this section shall become a business record of the Office of Child Support Enforcement, subject to the privacy safeguards set out in § 9-14-210(g) -(l).

Amended by Act 2021, No. 927,§ 9, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 714, eff. 7/24/2019.

Acts 1985, No. 989, § 25; A.S.A. 1947, § 34-1243; Acts 1991, No. 542, § 3; 1993, No. 928, § 1; 1993, No. 964, § 1; 1995, No. 1184, § 8; 1997, No. 1296, § 21; 1999, No. 1514, § 9; 2001, No. 1248, §§ 6, 7; 2009, No. 551, § 4
Ark. Code Ann. § 9-26-205 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-205
Transfer authorized by will or trust
Status: in_force

(a) A personal representative or trustee may make an irrevocable transfer pursuant to § 9-26-209 to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under § 9-26-203 to receive the custodial property, the transfer must be made to that person. (c) If the testator or settlor has not nominated a custodian under § 9-26-203 , or all persons so nominated as a custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 9-26-209 . Acts 1985, No. 476, § 5; A.S.A. 1947, § 50-938

(a) A personal representative or trustee may make an irrevocable transfer pursuant to § 9-26-209 to a custodian for the benefit of a minor as authorized in the governing will or trust.

(b) If the testator or settlor has nominated a custodian under § 9-26-203 to receive the custodial property, the transfer must be made to that person.

(c) If the testator or settlor has not nominated a custodian under § 9-26-203 , or all persons so nominated as a custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 9-26-209 .

Acts 1985, No. 476, § 5; A.S.A. 1947, § 50-938
Ark. Code Ann. § 9-20-117 — AR Code / Title 9 / Chapter 20 / Section 9-20-117
Long-term custody and court-ordered protective services hearings
Status: in_force

(a) (1) A hearing for long-term custody or court-ordered protective services shall be held no later than thirty (30) days after the date of the probable cause hearing or the date the order for emergency custody was signed. (2) However, the probate division of circuit court may extend the time during which the hearing must be held upon a finding that extenuating circumstances exist. (b) (1) The court may hold a hearing for long-term custody or protective services anywhere in the judicial district. (2) (A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to a hearing required under subsection (a) of this section if medically appropriate. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (b)(2)(A) of this section. (C) An emergency medical services provider, the employees of a medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (b)(2)(A) and (B) of this section. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (b)(2)(A) and (B) of this section. (c) The court may order long-term custody with the department if the court determines that: (1) The adult has a mental or physical impairment or lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents an imminent danger to his or her health or safety; (2) The adult is unable to provide for his or her own protection from maltreatment; and (3) The court finds clear and convincing evidence that the adult to be placed is in need of placement as provided in this chapter. (d) (1) The court shall make a finding in connection with the determination of the least restrictive alternative to be considered proper under the circumstances, including a finding for noninstitutional care if possible. (2) If protective services are available to remedy the imminent danger to the maltreated adult, the court may order the adult or the caregiver for the adult to accept the protective services in lieu of placing the adult in the custody of the department. (e) (1) The court may order that treatment, evaluations, and services be obtained for the maltreated adult. (2) However, the court may not specify a particular provider for services or placement unless the adult is paying for the service or placement. (f) The court may order that Social Security, retirement, or other sources of income be redirected on behalf of the maltreated adult. Amended by Act 2017, No. 579,§ 4, eff. 8/1/2017 Acts 2005, No. 1811, § 1; 2007, No. 283, § 4; 2009, No. 526, § 6

(a) (1) A hearing for long-term custody or court-ordered protective services shall be held no later than thirty (30) days after the date of the probable cause hearing or the date the order for emergency custody was signed. (2) However, the probate division of circuit court may extend the time during which the hearing must be held upon a finding that extenuating circumstances exist.

(1) A hearing for long-term custody or court-ordered protective services shall be held no later than thirty (30) days after the date of the probable cause hearing or the date the order for emergency custody was signed.

(2) However, the probate division of circuit court may extend the time during which the hearing must be held upon a finding that extenuating circumstances exist.

(b) (1) The court may hold a hearing for long-term custody or protective services anywhere in the judicial district. (2) (A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to a hearing required under subsection (a) of this section if medically appropriate. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (b)(2)(A) of this section. (C) An emergency medical services provider, the employees of a medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (b)(2)(A) and (B) of this section. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (b)(2)(A) and (B) of this section.

(1) The court may hold a hearing for long-term custody or protective services anywhere in the judicial district.

(2) (A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to a hearing required under subsection (a) of this section if medically appropriate. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (b)(2)(A) of this section. (C) An emergency medical services provider, the employees of a medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (b)(2)(A) and (B) of this section. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (b)(2)(A) and (B) of this section.

(A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to a hearing required under subsection (a) of this section if medically appropriate.

(B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (b)(2)(A) of this section.

(C) An emergency medical services provider, the employees of a medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (b)(2)(A) and (B) of this section.

(D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (b)(2)(A) and (B) of this section.

(c) The court may order long-term custody with the department if the court determines that: (1) The adult has a mental or physical impairment or lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents an imminent danger to his or her health or safety; (2) The adult is unable to provide for his or her own protection from maltreatment; and (3) The court finds clear and convincing evidence that the adult to be placed is in need of placement as provided in this chapter.

(1) The adult has a mental or physical impairment or lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents an imminent danger to his or her health or safety;

(2) The adult is unable to provide for his or her own protection from maltreatment; and

(3) The court finds clear and convincing evidence that the adult to be placed is in need of placement as provided in this chapter.

(d) (1) The court shall make a finding in connection with the determination of the least restrictive alternative to be considered proper under the circumstances, including a finding for noninstitutional care if possible. (2) If protective services are available to remedy the imminent danger to the maltreated adult, the court may order the adult or the caregiver for the adult to accept the protective services in lieu of placing the adult in the custody of the department.

(1) The court shall make a finding in connection with the determination of the least restrictive alternative to be considered proper under the circumstances, including a finding for noninstitutional care if possible.

(2) If protective services are available to remedy the imminent danger to the maltreated adult, the court may order the adult or the caregiver for the adult to accept the protective services in lieu of placing the adult in the custody of the department.

(e) (1) The court may order that treatment, evaluations, and services be obtained for the maltreated adult. (2) However, the court may not specify a particular provider for services or placement unless the adult is paying for the service or placement.

(1) The court may order that treatment, evaluations, and services be obtained for the maltreated adult.

(2) However, the court may not specify a particular provider for services or placement unless the adult is paying for the service or placement.

(f) The court may order that Social Security, retirement, or other sources of income be redirected on behalf of the maltreated adult.

Amended by Act 2017, No. 579,§ 4, eff. 8/1/2017

Acts 2005, No. 1811, § 1; 2007, No. 283, § 4; 2009, No. 526, § 6
Ark. Code Ann. § 9-12-310 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-310
Waiting period before rendition of decree
Status: in_force

Unless the parties shall have lived separate and apart from each other for a period of twelve (12) months next before the filing of the complaint or unless the defendant is constructively summoned by publication of warning order, no decree of absolute divorce or of divorce from bed and board shall be rendered in any action brought on any grounds except bigamy before the thirtieth day following the day upon which the action for divorce is commenced. This prohibition is not subject to waiver by either or both parties to the action for divorce. However, the parties may agree that the case may be submitted in vacation. Acts 1953, No. 348, § 1; A.S.A. 1947, § 34-1218

Unless the parties shall have lived separate and apart from each other for a period of twelve (12) months next before the filing of the complaint or unless the defendant is constructively summoned by publication of warning order, no decree of absolute divorce or of divorce from bed and board shall be rendered in any action brought on any grounds except bigamy before the thirtieth day following the day upon which the action for divorce is commenced. This prohibition is not subject to waiver by either or both parties to the action for divorce. However, the parties may agree that the case may be submitted in vacation.

Acts 1953, No. 348, § 1; A.S.A. 1947, § 34-1218
Ark. Code Ann. § 9-34-202 — AR Code / Title 9 / Chapter 34 / Subchapter 2 / Section 9-34-202
Delivery to medical provider, law enforcement agency, fire department, or in newborn safety device
Status: in_force

(a) Any medical provider, law enforcement agency, or fire department shall take possession of a child who is thirty (30) days old or younger without a court order if the parent of the child, without expressing an intent to return for the child, leaves the child: (1) With or voluntarily delivers the child to the medical provider, law enforcement agency, or fire department, including without limitation when a parent leaves a newborn child with a medical provider staff member after delivery of the newborn child; or (2) In a newborn safety device that is: (A) Voluntarily installed by the medical provider, law enforcement agency, or fire department; (B) Physically located on a structured wall of or inside a hospital, law enforcement agency, or fire department; and (C) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department. (b) (1) A medical provider, law enforcement agency, or fire department that takes possession of a child under subsection (a) of this section shall perform any act necessary to protect the physical health and safety of the child. (2) A medical provider, law enforcement agency, or fire department shall: (A) Keep the identity of a parent who relinquishes a child under this section confidential; and (B) Not release or otherwise make the identity of the parent available except to a: (i) Law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the medical provider or law enforcement agency; or (ii) Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was delivered to the medical provider, law enforcement agency, or fire department. (3) (A) If the identity of a parent or child is released or made known to the Department of Human Services in violation of subdivision (b)(2) of this section, the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section. (B) (i) If the child is relinquished at a location defined in § 9-34-201 , the parent shall not be held criminally liable for the relinquishment or have a true finding of maltreatment or abandonment entered against the parent if the parent's identity is known and the Department of Human Services proceeds under § 9-27-341 . (ii) The Department of Human Services shall not subsequently use a resulting termination of parental rights against a parent who surrendered his or her child under this section. (c) A medical provider, law enforcement agency, or fire department shall: (1) Not be held criminally or civilly liable for any good faith acts or omissions performed under this section; and (2) Have an affirmative defense against any civil or criminal claim arising out of any act or omission performed under this section. (d) (1) A medical provider, law enforcement agency, or fire department other than a volunteer fire department that voluntarily installs a newborn safety device shall: (A) Be responsible for the cost of the installation; and (B) Install an adequate dual alarm system connected to the physical location of the newborn safety device that is: (i) Tested at least one (1) time per week to ensure the alarm system is in working order; and (ii) Visually checked at least two (2) times per day to ensure the alarm system is in working order. (2) A volunteer fire department may install a newborn safety device if: (A) The volunteer fire department complies with subdivision (d)(1) of this section; (B) The first responders at the volunteer fire department are able to respond to the placement of an infant in the newborn safety device within the shorter of the following: (i) The response time established by the county in which the volunteer fire department is located; or (ii) A time frame not to exceed four (4) minutes; and (C) The newborn safety device is: (i) Located within one (1) mile of a medical provider or law enforcement agency; and (ii) Equipped with: (a) An alert system that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device; and (b) A video surveillance system that allows members of the volunteer fire department to monitor the inside of the newborn safety device twenty-four (24) hours per day and that: (1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and (2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii) (a) of this section. Amended by Act 2023, No. 348,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 68,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 185,§ 3, eff. 7/24/2019. Amended by Act 2013, No. 1004,§ 1, eff. 8/16/2013 Acts 2001, No. 236, § 1

(a) Any medical provider, law enforcement agency, or fire department shall take possession of a child who is thirty (30) days old or younger without a court order if the parent of the child, without expressing an intent to return for the child, leaves the child: (1) With or voluntarily delivers the child to the medical provider, law enforcement agency, or fire department, including without limitation when a parent leaves a newborn child with a medical provider staff member after delivery of the newborn child; or (2) In a newborn safety device that is: (A) Voluntarily installed by the medical provider, law enforcement agency, or fire department; (B) Physically located on a structured wall of or inside a hospital, law enforcement agency, or fire department; and (C) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department.

(1) With or voluntarily delivers the child to the medical provider, law enforcement agency, or fire department, including without limitation when a parent leaves a newborn child with a medical provider staff member after delivery of the newborn child; or

(2) In a newborn safety device that is: (A) Voluntarily installed by the medical provider, law enforcement agency, or fire department; (B) Physically located on a structured wall of or inside a hospital, law enforcement agency, or fire department; and (C) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department.

(A) Voluntarily installed by the medical provider, law enforcement agency, or fire department;

(B) Physically located on a structured wall of or inside a hospital, law enforcement agency, or fire department; and

(C) Located in an area that is conspicuous and visible to the employees of the hospital, law enforcement agency, or fire department.

(b) (1) A medical provider, law enforcement agency, or fire department that takes possession of a child under subsection (a) of this section shall perform any act necessary to protect the physical health and safety of the child. (2) A medical provider, law enforcement agency, or fire department shall: (A) Keep the identity of a parent who relinquishes a child under this section confidential; and (B) Not release or otherwise make the identity of the parent available except to a: (i) Law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the medical provider or law enforcement agency; or (ii) Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was delivered to the medical provider, law enforcement agency, or fire department. (3) (A) If the identity of a parent or child is released or made known to the Department of Human Services in violation of subdivision (b)(2) of this section, the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section. (B) (i) If the child is relinquished at a location defined in § 9-34-201 , the parent shall not be held criminally liable for the relinquishment or have a true finding of maltreatment or abandonment entered against the parent if the parent's identity is known and the Department of Human Services proceeds under § 9-27-341 . (ii) The Department of Human Services shall not subsequently use a resulting termination of parental rights against a parent who surrendered his or her child under this section.

(1) A medical provider, law enforcement agency, or fire department that takes possession of a child under subsection (a) of this section shall perform any act necessary to protect the physical health and safety of the child.

(2) A medical provider, law enforcement agency, or fire department shall: (A) Keep the identity of a parent who relinquishes a child under this section confidential; and (B) Not release or otherwise make the identity of the parent available except to a: (i) Law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the medical provider or law enforcement agency; or (ii) Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was delivered to the medical provider, law enforcement agency, or fire department.

(A) Keep the identity of a parent who relinquishes a child under this section confidential; and

(B) Not release or otherwise make the identity of the parent available except to a: (i) Law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the medical provider or law enforcement agency; or (ii) Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was delivered to the medical provider, law enforcement agency, or fire department.

(i) Law enforcement agency investigating abuse or neglect of the child that was committed before the child was delivered to the medical provider or law enforcement agency; or

(ii) Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was delivered to the medical provider, law enforcement agency, or fire department.

(3) (A) If the identity of a parent or child is released or made known to the Department of Human Services in violation of subdivision (b)(2) of this section, the case shall proceed as a dependency-neglect action as defined under § 9-27-303 , but with the same protections from liability as if an anonymous surrender was made under this section. (B) (i) If the child is relinquished at a location defined in § 9-34-201 , the parent shall not be held criminally liable for the relinquishment or have a true finding of maltreatment or abandonment entered against the parent if the parent's identity is known and the Department of Human Services proceeds under § 9-27-341 . (ii) The Department of Human Services shall not subsequently use a resulting termination of parental rights against a parent who surrendered his or her child under this section.

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

(B) (i) If the child is relinquished at a location defined in § 9-34-201 , the parent shall not be held criminally liable for the relinquishment or have a true finding of maltreatment or abandonment entered against the parent if the parent's identity is known and the Department of Human Services proceeds under § 9-27-341 . (ii) The Department of Human Services shall not subsequently use a resulting termination of parental rights against a parent who surrendered his or her child under this section.

(i) If the child is relinquished at a location defined in § 9-34-201 , the parent shall not be held criminally liable for the relinquishment or have a true finding of maltreatment or abandonment entered against the parent if the parent's identity is known and the Department of Human Services proceeds under § 9-27-341 .

(ii) The Department of Human Services shall not subsequently use a resulting termination of parental rights against a parent who surrendered his or her child under this section.

(c) A medical provider, law enforcement agency, or fire department shall: (1) Not be held criminally or civilly liable for any good faith acts or omissions performed under this section; and (2) Have an affirmative defense against any civil or criminal claim arising out of any act or omission performed under this section.

(1) Not be held criminally or civilly liable for any good faith acts or omissions performed under this section; and

(2) Have an affirmative defense against any civil or criminal claim arising out of any act or omission performed under this section.

(d) (1) A medical provider, law enforcement agency, or fire department other than a volunteer fire department that voluntarily installs a newborn safety device shall: (A) Be responsible for the cost of the installation; and (B) Install an adequate dual alarm system connected to the physical location of the newborn safety device that is: (i) Tested at least one (1) time per week to ensure the alarm system is in working order; and (ii) Visually checked at least two (2) times per day to ensure the alarm system is in working order. (2) A volunteer fire department may install a newborn safety device if: (A) The volunteer fire department complies with subdivision (d)(1) of this section; (B) The first responders at the volunteer fire department are able to respond to the placement of an infant in the newborn safety device within the shorter of the following: (i) The response time established by the county in which the volunteer fire department is located; or (ii) A time frame not to exceed four (4) minutes; and (C) The newborn safety device is: (i) Located within one (1) mile of a medical provider or law enforcement agency; and (ii) Equipped with: (a) An alert system that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device; and (b) A video surveillance system that allows members of the volunteer fire department to monitor the inside of the newborn safety device twenty-four (24) hours per day and that: (1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and (2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii) (a) of this section.

(1) A medical provider, law enforcement agency, or fire department other than a volunteer fire department that voluntarily installs a newborn safety device shall: (A) Be responsible for the cost of the installation; and (B) Install an adequate dual alarm system connected to the physical location of the newborn safety device that is: (i) Tested at least one (1) time per week to ensure the alarm system is in working order; and (ii) Visually checked at least two (2) times per day to ensure the alarm system is in working order.

(A) Be responsible for the cost of the installation; and

(B) Install an adequate dual alarm system connected to the physical location of the newborn safety device that is: (i) Tested at least one (1) time per week to ensure the alarm system is in working order; and (ii) Visually checked at least two (2) times per day to ensure the alarm system is in working order.

(i) Tested at least one (1) time per week to ensure the alarm system is in working order; and

(ii) Visually checked at least two (2) times per day to ensure the alarm system is in working order.

(2) A volunteer fire department may install a newborn safety device if: (A) The volunteer fire department complies with subdivision (d)(1) of this section; (B) The first responders at the volunteer fire department are able to respond to the placement of an infant in the newborn safety device within the shorter of the following: (i) The response time established by the county in which the volunteer fire department is located; or (ii) A time frame not to exceed four (4) minutes; and (C) The newborn safety device is: (i) Located within one (1) mile of a medical provider or law enforcement agency; and (ii) Equipped with: (a) An alert system that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device; and (b) A video surveillance system that allows members of the volunteer fire department to monitor the inside of the newborn safety device twenty-four (24) hours per day and that: (1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and (2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii) (a) of this section.

(A) The volunteer fire department complies with subdivision (d)(1) of this section;

(B) The first responders at the volunteer fire department are able to respond to the placement of an infant in the newborn safety device within the shorter of the following: (i) The response time established by the county in which the volunteer fire department is located; or (ii) A time frame not to exceed four (4) minutes; and

(i) The response time established by the county in which the volunteer fire department is located; or

(ii) A time frame not to exceed four (4) minutes; and

(C) The newborn safety device is: (i) Located within one (1) mile of a medical provider or law enforcement agency; and (ii) Equipped with: (a) An alert system that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device; and (b) A video surveillance system that allows members of the volunteer fire department to monitor the inside of the newborn safety device twenty-four (24) hours per day and that: (1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and (2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii) (a) of this section.

(i) Located within one (1) mile of a medical provider or law enforcement agency; and

(ii) Equipped with: (a) An alert system that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device; and (b) A video surveillance system that allows members of the volunteer fire department to monitor the inside of the newborn safety device twenty-four (24) hours per day and that: (1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and (2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii) (a) of this section.

(a) An alert system that, when the newborn safety device is opened, automatically connects to the 911 system and transmits a request for immediate dispatch of an emergency medical services provider to the location of the newborn safety device; and

(b) A video surveillance system that allows members of the volunteer fire department to monitor the inside of the newborn safety device twenty-four (24) hours per day and that: (1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and (2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii) (a) of this section.

(1) Has at least two (2) firefighters who are responsible for monitoring the inside of the newborn safety device twenty-four (24) hours per day; and

(2) Is a surveillance system independent from the alert system described in subdivision (d)(2)(C)(ii) (a) of this section.

Amended by Act 2023, No. 348,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 68,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 185,§ 3, eff. 7/24/2019.

Amended by Act 2013, No. 1004,§ 1, eff. 8/16/2013

Acts 2001, No. 236, § 1
Ark. Code Ann. § 9-16-109 — AR Code / Title 9 / Chapter 16 / Section 9-16-109
Provision of services - Funding
Status: in_force

The Director of the Division of Children and Family Services of the Department of Human Services may use funds that become available through an increase in reimbursement of funds from family preservation services from Title IV-E of the Social Security Act as amended by Pub. L. No. 96-272, for the purposes of providing family preservation services to children who would otherwise be removed from their homes or are receiving services to achieve reunification. Acts 1991, No. 1025, § 9

The Director of the Division of Children and Family Services of the Department of Human Services may use funds that become available through an increase in reimbursement of funds from family preservation services from Title IV-E of the Social Security Act as amended by Pub. L. No. 96-272, for the purposes of providing family preservation services to children who would otherwise be removed from their homes or are receiving services to achieve reunification.

Acts 1991, No. 1025, § 9
Ark. Code Ann. § 9-26-219 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-219
Accounting by and determination of liability of custodian
Status: in_force

(a) A minor who has attained the age of fourteen (14) years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (i) for an accounting by the custodian or the custodian's legal representative; or (ii) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under § 9-26-217 to which the minor or the minor's legal representative was a party. (b) A successor custodian may petition the court for an accounting by the predecessor custodian. (c) The court, in a proceeding under this subchapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account. (d) If a custodian is removed under § 9-26-218(f) , the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property. Acts 1985, No. 476, § 19; A.S.A. 1947, § 50-952

(a) A minor who has attained the age of fourteen (14) years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (i) for an accounting by the custodian or the custodian's legal representative; or (ii) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under § 9-26-217 to which the minor or the minor's legal representative was a party.

(b) A successor custodian may petition the court for an accounting by the predecessor custodian.

(c) The court, in a proceeding under this subchapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.

(d) If a custodian is removed under § 9-26-218(f) , the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.

Acts 1985, No. 476, § 19; A.S.A. 1947, § 50-952
Ark. Code Ann. § 9-12-325 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-325
Condonation abolished
Status: in_force

(a) The defense of condonation to any action for absolute divorce or divorce from bed and board is abolished. (b) The abolition of the defense of condonation under this section shall not affect the application of § 9-12-308 . Acts 2005, No. 182, § 1

(a) The defense of condonation to any action for absolute divorce or divorce from bed and board is abolished.

(b) The abolition of the defense of condonation under this section shall not affect the application of § 9-12-308 .

Acts 2005, No. 182, § 1
Ark. Code Ann. § 9-14-238 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-238
Collection of support obligations
Status: in_force

(a) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to enter into professional service contracts with private individuals or businesses and public agencies concerning the establishment, and enforcement through court-ordered proceedings, of the collection, monitoring, and distribution of support obligations, including service of process as defined by § 9-14-206(d) . (b) (1) The Arkansas Title IV-D child support enforcement agency may collect unreimbursed public or medical assistance under a cooperative agreement with the state's Title IV-A or Medicaid agencies for any unreimbursed public or medical assistance owed the state. (2) Under any cooperative agreement that disallows the expenditure of federal Title IV-D funds, Title IV-D expenditures for activities associated with the recovery of state Medicaid or unreimbursed public assistance funds shall be paid to the Title IV-D agency by the state agency for which the funds are recovered. Acts 1993, No. 1249, §§ 1, 2; 1997, No. 1296, § 32

(a) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to enter into professional service contracts with private individuals or businesses and public agencies concerning the establishment, and enforcement through court-ordered proceedings, of the collection, monitoring, and distribution of support obligations, including service of process as defined by § 9-14-206(d) .

(b) (1) The Arkansas Title IV-D child support enforcement agency may collect unreimbursed public or medical assistance under a cooperative agreement with the state's Title IV-A or Medicaid agencies for any unreimbursed public or medical assistance owed the state. (2) Under any cooperative agreement that disallows the expenditure of federal Title IV-D funds, Title IV-D expenditures for activities associated with the recovery of state Medicaid or unreimbursed public assistance funds shall be paid to the Title IV-D agency by the state agency for which the funds are recovered.

(1) The Arkansas Title IV-D child support enforcement agency may collect unreimbursed public or medical assistance under a cooperative agreement with the state's Title IV-A or Medicaid agencies for any unreimbursed public or medical assistance owed the state.

(2) Under any cooperative agreement that disallows the expenditure of federal Title IV-D funds, Title IV-D expenditures for activities associated with the recovery of state Medicaid or unreimbursed public assistance funds shall be paid to the Title IV-D agency by the state agency for which the funds are recovered.

Acts 1993, No. 1249, §§ 1, 2; 1997, No. 1296, § 32
Ark. Code Ann. § 9-11-212 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-212
Application without other's consent - Penalties - Damages
Status: in_force

(a) If any person shall apply for and obtain a license to marry another, without first obtaining the consent of that party, the person shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100). The fines, when collected, shall be paid into the general fund of the county wherein the offense is tried. (b) The party so doing shall moreover be liable to the party injured in any sum that a court or jury of competent jurisdiction may adjudge for damages. Acts 1875, No. 127, § 7, p. 260; C. & M. Dig., § 7064; Pope's Dig., § 9046; A.S.A. 1947, § 55-215; Acts 1999, No. 1540, § 2

(a) If any person shall apply for and obtain a license to marry another, without first obtaining the consent of that party, the person shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100). The fines, when collected, shall be paid into the general fund of the county wherein the offense is tried.

(b) The party so doing shall moreover be liable to the party injured in any sum that a court or jury of competent jurisdiction may adjudge for damages.

Acts 1875, No. 127, § 7, p. 260; C. & M. Dig., § 7064; Pope's Dig., § 9046; A.S.A. 1947, § 55-215; Acts 1999, No. 1540, § 2
Ark. Code Ann. § 9-8-305 — AR Code / Title 9 / Chapter 8 / Subchapter 3 / Section 9-8-305
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013 Init. Meas. 2008, No 1, § 2

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013

Init. Meas. 2008, No 1, § 2
Ark. Code Ann. § 9-12-305 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-305
No judgment pro confesso
Status: in_force

The statements of the complaint for a divorce shall not be taken as true because of the defendant's failure to answer or admission of their truth on the part of the defendant. Civil Code, § 458; C. & M. Dig., § 3504; Pope's Dig., § 4385; A.S.A. 1947, § 34-1207

The statements of the complaint for a divorce shall not be taken as true because of the defendant's failure to answer or admission of their truth on the part of the defendant.

Civil Code, § 458; C. & M. Dig., § 3504; Pope's Dig., § 4385; A.S.A. 1947, § 34-1207
Ark. Code Ann. § 9-27-602 — AR Code / Title 9 / Chapter 27 / Subchapter 6 / Section 9-27-602
Assessment of juvenile mental health services required
Status: in_force

(a) Prior to the circuit court's ordering a juvenile to an out-of-state residential placement, excluding border state placements as defined by Medicaid, the court shall refer a juvenile for an assessment by the Department of Human Services or the department's designee to include, but not be limited to: (1) (A) An assessment of the mental health services for the juvenile and the juvenile's family. (B) If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court: (i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan; (ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile; (iii) That provide an anticipated length of time needed for residential or inpatient treatment; and (iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and (2) (A) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services. (B) If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall: (i) Specify the reasons why the juvenile cannot be served in the state; and (ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation. (b) The department or its designee shall complete the out-of-state mental health assessment within five (5) business days of referral from the court. (c) The assessment completed by the department or its designee shall be admitted into evidence, and the court shall consider the assessment in making its determination as to what services and placement should be ordered based on the best interest of the juvenile. (d) (1) The court shall make a determination of the ability of the parent, guardian, or custodian of the juvenile to pay in whole or in part for mental health services. (2) If the court determines an ability to pay, the court shall enter such an order for payment pursuant to § 9-27-333(e) . Acts 2005, No. 1959, § 2

(a) Prior to the circuit court's ordering a juvenile to an out-of-state residential placement, excluding border state placements as defined by Medicaid, the court shall refer a juvenile for an assessment by the Department of Human Services or the department's designee to include, but not be limited to: (1) (A) An assessment of the mental health services for the juvenile and the juvenile's family. (B) If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court: (i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan; (ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile; (iii) That provide an anticipated length of time needed for residential or inpatient treatment; and (iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and (2) (A) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services. (B) If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall: (i) Specify the reasons why the juvenile cannot be served in the state; and (ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation.

(1) (A) An assessment of the mental health services for the juvenile and the juvenile's family. (B) If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court: (i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan; (ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile; (iii) That provide an anticipated length of time needed for residential or inpatient treatment; and (iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and

(A) An assessment of the mental health services for the juvenile and the juvenile's family.

(B) If the assessment recommends that the juvenile cannot remain at home, all appropriate in-state placements currently available that are appropriate to meet the juvenile's mental health needs shall be presented to the court: (i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan; (ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile; (iii) That provide an anticipated length of time needed for residential or inpatient treatment; and (iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and

(i) With a preference for the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the family treatment plan;

(ii) That provide for the least restrictive placement ensuring the health and safety of the juvenile;

(iii) That provide an anticipated length of time needed for residential or inpatient treatment; and

(iv) That provide a plan for reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from treatment; and

(2) (A) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services. (B) If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall: (i) Specify the reasons why the juvenile cannot be served in the state; and (ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation.

(A) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services.

(B) If the assessment recommends that the juvenile cannot be served in the State of Arkansas, the assessment shall: (i) Specify the reasons why the juvenile cannot be served in the state; and (ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation.

(i) Specify the reasons why the juvenile cannot be served in the state; and

(ii) Recommend what type of placement the child needs out of state and the reasons for such a recommendation.

(b) The department or its designee shall complete the out-of-state mental health assessment within five (5) business days of referral from the court.

(c) The assessment completed by the department or its designee shall be admitted into evidence, and the court shall consider the assessment in making its determination as to what services and placement should be ordered based on the best interest of the juvenile.

(d) (1) The court shall make a determination of the ability of the parent, guardian, or custodian of the juvenile to pay in whole or in part for mental health services. (2) If the court determines an ability to pay, the court shall enter such an order for payment pursuant to § 9-27-333(e) .

(1) The court shall make a determination of the ability of the parent, guardian, or custodian of the juvenile to pay in whole or in part for mental health services.

(2) If the court determines an ability to pay, the court shall enter such an order for payment pursuant to § 9-27-333(e) .

Acts 2005, No. 1959, § 2
Ark. Code Ann. § 9-12-303 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-303
Venue - Service of process
Status: in_force

(a) The proceedings shall be in the county where the complainant resides unless the complainant is a nonresident of the State of Arkansas and the defendant is a resident of the state, in which case the proceedings shall be in the county where the defendant resides and, in any event, the process may be directed to any county in the state. (b) In actions initiated by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or the Department of Human Services, proceedings may also be commenced in the county where the defendant resides. (c) When a spouse initiates an action against the other spouse for an absolute divorce, divorce from bed and board, or separate maintenance, then the venue for the initial action shall also be the venue for any of the three (3) named actions filed by the other spouse, regardless of the residency of the other spouse. Rev. Stat., ch. 51, § 5; C. & M. Dig., § 3502; Pope's Dig., § 4383; Acts 1963, No. 190, § 1; 1979, No. 799, § 1; A.S.A. 1947, § 34-1204; Acts 1987, No. 12, § 1; 1995, No. 1184, § 4

(a) The proceedings shall be in the county where the complainant resides unless the complainant is a nonresident of the State of Arkansas and the defendant is a resident of the state, in which case the proceedings shall be in the county where the defendant resides and, in any event, the process may be directed to any county in the state.

(b) In actions initiated by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or the Department of Human Services, proceedings may also be commenced in the county where the defendant resides.

(c) When a spouse initiates an action against the other spouse for an absolute divorce, divorce from bed and board, or separate maintenance, then the venue for the initial action shall also be the venue for any of the three (3) named actions filed by the other spouse, regardless of the residency of the other spouse.

Rev. Stat., ch. 51, § 5; C. & M. Dig., § 3502; Pope's Dig., § 4383; Acts 1963, No. 190, § 1; 1979, No. 799, § 1; A.S.A. 1947, § 34-1204; Acts 1987, No. 12, § 1; 1995, No. 1184, § 4
Ark. Code Ann. § 9-27-804 — AR Code / Title 9 / Chapter 27 / Subchapter 8 / Section 9-27-804
Administration
Status: in_force

(a) A family treatment specialty court shall serve as an available means of disposition within a dependency-neglect matter and shall differ from the traditional adversarial trial system. (b) Each family treatment specialty court shall develop a policy and procedure manual for the family treatment specialty court program with the assistance of the Administrative Office of the Courts. (c) The family treatment specialty court program shall offer judicial monitoring with strict supervision and intensive treatment of participants with substance use disorders or mental health disorders, as determined by a validated clinical assessment tool. (d) (1) A family treatment specialty court program team shall be designated by the circuit court judge assigned to manage the family treatment specialty court program docket. (2) Family treatment specialty court program team members may include: (A) A circuit judge; (B) A program coordinator, if appointed by the circuit judge; (C) A child welfare agency attorney; (D) An attorney from the Commission for Parent Counsel, if the juvenile has been removed from the home; (E) Any other attorney acting as counsel for a parent, guardian, or custodian participant; (F) An attorney ad litem; (G) A court-appointed special advocate, if appointed by the circuit judge, even if the juvenile remains in the home; (H) A family service worker; (I) One (1) or more treatment providers with experience in the fields of substance use disorders or mental health disorders, or both; and (J) Any other individuals determined necessary by the family treatment specialty court program judge. (e) If the family treatment specialty court utilizes a case management system that allows for the collection and processing of data, the family treatment specialty court shall collect and provide monthly data on program applicants and program participants as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 . Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.

(a) A family treatment specialty court shall serve as an available means of disposition within a dependency-neglect matter and shall differ from the traditional adversarial trial system.

(b) Each family treatment specialty court shall develop a policy and procedure manual for the family treatment specialty court program with the assistance of the Administrative Office of the Courts.

(c) The family treatment specialty court program shall offer judicial monitoring with strict supervision and intensive treatment of participants with substance use disorders or mental health disorders, as determined by a validated clinical assessment tool.

(d) (1) A family treatment specialty court program team shall be designated by the circuit court judge assigned to manage the family treatment specialty court program docket. (2) Family treatment specialty court program team members may include: (A) A circuit judge; (B) A program coordinator, if appointed by the circuit judge; (C) A child welfare agency attorney; (D) An attorney from the Commission for Parent Counsel, if the juvenile has been removed from the home; (E) Any other attorney acting as counsel for a parent, guardian, or custodian participant; (F) An attorney ad litem; (G) A court-appointed special advocate, if appointed by the circuit judge, even if the juvenile remains in the home; (H) A family service worker; (I) One (1) or more treatment providers with experience in the fields of substance use disorders or mental health disorders, or both; and (J) Any other individuals determined necessary by the family treatment specialty court program judge.

(1) A family treatment specialty court program team shall be designated by the circuit court judge assigned to manage the family treatment specialty court program docket.

(2) Family treatment specialty court program team members may include: (A) A circuit judge; (B) A program coordinator, if appointed by the circuit judge; (C) A child welfare agency attorney; (D) An attorney from the Commission for Parent Counsel, if the juvenile has been removed from the home; (E) Any other attorney acting as counsel for a parent, guardian, or custodian participant; (F) An attorney ad litem; (G) A court-appointed special advocate, if appointed by the circuit judge, even if the juvenile remains in the home; (H) A family service worker; (I) One (1) or more treatment providers with experience in the fields of substance use disorders or mental health disorders, or both; and (J) Any other individuals determined necessary by the family treatment specialty court program judge.

(A) A circuit judge;

(B) A program coordinator, if appointed by the circuit judge;

(C) A child welfare agency attorney;

(D) An attorney from the Commission for Parent Counsel, if the juvenile has been removed from the home;

(E) Any other attorney acting as counsel for a parent, guardian, or custodian participant;

(F) An attorney ad litem;

(G) A court-appointed special advocate, if appointed by the circuit judge, even if the juvenile remains in the home;

(H) A family service worker;

(I) One (1) or more treatment providers with experience in the fields of substance use disorders or mental health disorders, or both; and

(J) Any other individuals determined necessary by the family treatment specialty court program judge.

(e) If the family treatment specialty court utilizes a case management system that allows for the collection and processing of data, the family treatment specialty court shall collect and provide monthly data on program applicants and program participants as required by the Specialty Court Program Advisory Committee in accordance with the rules promulgated under § 10-3-2901 .

Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 9-19-309 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-309
Service of petition and orders
Status: in_force

Except as otherwise provided in § 9-19-311 , the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child. Acts 1999, No. 668, § 309

Except as otherwise provided in § 9-19-311 , the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.

Acts 1999, No. 668, § 309
Ark. Code Ann. § 9-27-401 — AR Code / Title 9 / Chapter 27 / Subchapter 4 / Section 9-27-401
Creation - Representation for children and parents
Status: in_force

(a) There is hereby created the Division of Dependency-Neglect Representation within the Administrative Office of the Courts that will be staffed by a court-appointed special advocate coordinator and an attorney coordinator. (b) (1) The Director of the Administrative Office of the Courts is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all children in dependency-neglect proceedings. (2) (A) Before employing or entering into a contract or contracts, the office shall consult with the judge or judges of the circuit court designated to hear dependency-neglect cases in their district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, in each judicial district in accordance with the provisions of § 19-11-1001 et seq. (B) Those obtaining employment or contracts through the office as described in subdivision (b)(3) of this section will be designated as the providers for representation of children in dependency-neglect cases in each judicial district. (3) (A) The office shall advertise employment and contract opportunities. (B) The distribution of funds among the judicial districts shall be based on a formula developed by the office and approved by the Juvenile Judges Committee of the Arkansas Judicial Council. (4) The Supreme Court shall adopt standards of practice and qualifications for service for all attorneys who seek employment or contracts to provide legal representation to children in dependency-neglect cases. (5) (A) (i) In the transition to a state-funded system of dependency-neglect representation, it is the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under federal and state law pursuant to § 9-27-316 . (ii) (a) It is recognized by the General Assembly that in many areas of the state, resources have not been available to support the requirement of representation for children at the necessary level. (b) It is also recognized, however, that in other areas a system has been developed that is appropriately and successfully serving children and the courts. (iii) With the transition to state funding, it is not the intent of the General Assembly to adversely affect these systems that are working well or to put into place a system that is too inflexible to respond to local needs or restrictions. (B) In its administration of the system, therefore, the office is charged with the authority and responsibility to establish and maintain a system that: (i) Equitably serves all areas of the state; (ii) Provides quality representation; (iii) Makes prudent use of state resources; and (iv) Works with those systems now in place to provide an appropriate level of representation of children and courts in dependency-neglect cases. (c) The director is authorized to: (1) Establish a statewide court-appointed special advocate program; (2) Provide grants or contracts to local court-appointed special advocate programs; and (3) Work with judicial districts to establish local programs by which circuit courts may appoint trained volunteers to provide valuable information to the courts concerning the best interests of children in dependency-neglect proceedings. Amended by Act 2017, No. 861,§ 5, eff. 8/1/2017 Acts 1997, No. 1227, § 14; 1999, No. 708, § 1; 2001, No. 987, § 6; 2001, No. 1267, § 1; 2003, No. 1166, § 28; 2003, No. 1315, § 1; 2007, No. 587, § 30; 2011, No. 1175, § 12

(a) There is hereby created the Division of Dependency-Neglect Representation within the Administrative Office of the Courts that will be staffed by a court-appointed special advocate coordinator and an attorney coordinator.

(b) (1) The Director of the Administrative Office of the Courts is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all children in dependency-neglect proceedings. (2) (A) Before employing or entering into a contract or contracts, the office shall consult with the judge or judges of the circuit court designated to hear dependency-neglect cases in their district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, in each judicial district in accordance with the provisions of § 19-11-1001 et seq. (B) Those obtaining employment or contracts through the office as described in subdivision (b)(3) of this section will be designated as the providers for representation of children in dependency-neglect cases in each judicial district. (3) (A) The office shall advertise employment and contract opportunities. (B) The distribution of funds among the judicial districts shall be based on a formula developed by the office and approved by the Juvenile Judges Committee of the Arkansas Judicial Council. (4) The Supreme Court shall adopt standards of practice and qualifications for service for all attorneys who seek employment or contracts to provide legal representation to children in dependency-neglect cases. (5) (A) (i) In the transition to a state-funded system of dependency-neglect representation, it is the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under federal and state law pursuant to § 9-27-316 . (ii) (a) It is recognized by the General Assembly that in many areas of the state, resources have not been available to support the requirement of representation for children at the necessary level. (b) It is also recognized, however, that in other areas a system has been developed that is appropriately and successfully serving children and the courts. (iii) With the transition to state funding, it is not the intent of the General Assembly to adversely affect these systems that are working well or to put into place a system that is too inflexible to respond to local needs or restrictions. (B) In its administration of the system, therefore, the office is charged with the authority and responsibility to establish and maintain a system that: (i) Equitably serves all areas of the state; (ii) Provides quality representation; (iii) Makes prudent use of state resources; and (iv) Works with those systems now in place to provide an appropriate level of representation of children and courts in dependency-neglect cases.

(1) The Director of the Administrative Office of the Courts is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all children in dependency-neglect proceedings.

(2) (A) Before employing or entering into a contract or contracts, the office shall consult with the judge or judges of the circuit court designated to hear dependency-neglect cases in their district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, in each judicial district in accordance with the provisions of § 19-11-1001 et seq. (B) Those obtaining employment or contracts through the office as described in subdivision (b)(3) of this section will be designated as the providers for representation of children in dependency-neglect cases in each judicial district.

(A) Before employing or entering into a contract or contracts, the office shall consult with the judge or judges of the circuit court designated to hear dependency-neglect cases in their district plan under Supreme Court Administrative Order No. 14, originally issued April 6, 2001, in each judicial district in accordance with the provisions of § 19-11-1001 et seq.

(B) Those obtaining employment or contracts through the office as described in subdivision (b)(3) of this section will be designated as the providers for representation of children in dependency-neglect cases in each judicial district.

(3) (A) The office shall advertise employment and contract opportunities. (B) The distribution of funds among the judicial districts shall be based on a formula developed by the office and approved by the Juvenile Judges Committee of the Arkansas Judicial Council.

(A) The office shall advertise employment and contract opportunities.

(B) The distribution of funds among the judicial districts shall be based on a formula developed by the office and approved by the Juvenile Judges Committee of the Arkansas Judicial Council.

(4) The Supreme Court shall adopt standards of practice and qualifications for service for all attorneys who seek employment or contracts to provide legal representation to children in dependency-neglect cases.

(5) (A) (i) In the transition to a state-funded system of dependency-neglect representation, it is the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under federal and state law pursuant to § 9-27-316 . (ii) (a) It is recognized by the General Assembly that in many areas of the state, resources have not been available to support the requirement of representation for children at the necessary level. (b) It is also recognized, however, that in other areas a system has been developed that is appropriately and successfully serving children and the courts. (iii) With the transition to state funding, it is not the intent of the General Assembly to adversely affect these systems that are working well or to put into place a system that is too inflexible to respond to local needs or restrictions. (B) In its administration of the system, therefore, the office is charged with the authority and responsibility to establish and maintain a system that: (i) Equitably serves all areas of the state; (ii) Provides quality representation; (iii) Makes prudent use of state resources; and (iv) Works with those systems now in place to provide an appropriate level of representation of children and courts in dependency-neglect cases.

(A) (i) In the transition to a state-funded system of dependency-neglect representation, it is the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under federal and state law pursuant to § 9-27-316 . (ii) (a) It is recognized by the General Assembly that in many areas of the state, resources have not been available to support the requirement of representation for children at the necessary level. (b) It is also recognized, however, that in other areas a system has been developed that is appropriately and successfully serving children and the courts. (iii) With the transition to state funding, it is not the intent of the General Assembly to adversely affect these systems that are working well or to put into place a system that is too inflexible to respond to local needs or restrictions.

(i) In the transition to a state-funded system of dependency-neglect representation, it is the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under federal and state law pursuant to § 9-27-316 .

(ii) (a) It is recognized by the General Assembly that in many areas of the state, resources have not been available to support the requirement of representation for children at the necessary level. (b) It is also recognized, however, that in other areas a system has been developed that is appropriately and successfully serving children and the courts.

(a) It is recognized by the General Assembly that in many areas of the state, resources have not been available to support the requirement of representation for children at the necessary level.

(b) It is also recognized, however, that in other areas a system has been developed that is appropriately and successfully serving children and the courts.

(iii) With the transition to state funding, it is not the intent of the General Assembly to adversely affect these systems that are working well or to put into place a system that is too inflexible to respond to local needs or restrictions.

(B) In its administration of the system, therefore, the office is charged with the authority and responsibility to establish and maintain a system that: (i) Equitably serves all areas of the state; (ii) Provides quality representation; (iii) Makes prudent use of state resources; and (iv) Works with those systems now in place to provide an appropriate level of representation of children and courts in dependency-neglect cases.

(i) Equitably serves all areas of the state;

(ii) Provides quality representation;

(iii) Makes prudent use of state resources; and

(iv) Works with those systems now in place to provide an appropriate level of representation of children and courts in dependency-neglect cases.

(c) The director is authorized to: (1) Establish a statewide court-appointed special advocate program; (2) Provide grants or contracts to local court-appointed special advocate programs; and (3) Work with judicial districts to establish local programs by which circuit courts may appoint trained volunteers to provide valuable information to the courts concerning the best interests of children in dependency-neglect proceedings.

(1) Establish a statewide court-appointed special advocate program;

(2) Provide grants or contracts to local court-appointed special advocate programs; and

(3) Work with judicial districts to establish local programs by which circuit courts may appoint trained volunteers to provide valuable information to the courts concerning the best interests of children in dependency-neglect proceedings.

Amended by Act 2017, No. 861,§ 5, eff. 8/1/2017

Acts 1997, No. 1227, § 14; 1999, No. 708, § 1; 2001, No. 987, § 6; 2001, No. 1267, § 1; 2003, No. 1166, § 28; 2003, No. 1315, § 1; 2007, No. 587, § 30; 2011, No. 1175, § 12
Ark. Code Ann. § 9-8-301 — AR Code / Title 9 / Chapter 8 / Subchapter 3 / Section 9-8-301
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013 Init. Meas. 2008, No. 1, § 5

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013

Init. Meas. 2008, No. 1, § 5
Ark. Code Ann. § 9-9-702 — AR Code / Title 9 / Chapter 9 / Subchapter 7 / Section 9-9-702
Fast-tracked adoption of Garrett's Law babies - Definition
Status: in_force

(a) As used in this section, "newborn" means an infant who is thirty (30) days of age or younger. (b) If a report of neglect under § 12-18-103(14)(B) is made to the Child Abuse Hotline, the mother has the option to place the newborn for: (1) Adoption through a licensed child placement agency as defined in § 9-28-402(7) ; or (2) A private adoption with a person licensed to practice medicine or law. (c) If a newborn is taken into the custody of the Department of Human Services as the result of a call to the hotline of neglect under § 12-18-103(14)(B) , the mother has the option to place the newborn for: (1) Adoption through a licensed child placement agency under § 9-28-402(7) ; or (2) A private adoption with a person licensed to practice medicine or law. (d) (1) (A) If the proposed adoptive family has not completed the adoptive home study process, including the required criminal background check, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department. (B) The newborn shall remain in a licensed or approved foster home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents. (2) If the newborn is in the custody of the department, an order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents. (3) If the newborn is in the custody of the department, any petition for adoption shall be filed in the open dependency-neglect case. (4) The adoption shall be granted only if the proposed adoptive placement is in the best interests of the newborn. (e) (1) (A) If the mother wishes for a relative to adopt her newborn, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department unless the relative has a completed approved adoptive home study at the time placement is needed. (B) If a home study has not been completed on the relative, an adoptive home study shall be completed on the proposed relative if the proposed relative is an appropriate placement for the newborn. (C) The home study on the relative cannot be waived. (2) The adoption by a relative of the newborn shall be denied unless: (A) The proposed relative adoptive parents have an approved adoptive home study or the department approves the proposed relative adoptive parents to adopt under state law on adoption, child welfare agency licensing law and rules, and department policy and procedures; (B) The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody so that child protection will not be an issue if the adoption is granted; and (C) The court enters an order describing the level of contact, if any, which is permitted to occur between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order of contact under § 5-26-502 . (f) The department shall remain involved in each placement that is made under this section to monitor whether the mother withdraws her consent to the adoption. (g) If the mother withdraws her consent to the adoption, the department shall initiate an action to ensure the protection of the child, including without limitation taking the child into custody if custody is warranted to protect the health and safety of the child. Amended by Act 2019, No. 315,§ 712, eff. 7/24/2019. Acts 2007, No. 381, § 1; 2009, No. 474, § 1; 2009, No. 758, § 8

(a) As used in this section, "newborn" means an infant who is thirty (30) days of age or younger.

(b) If a report of neglect under § 12-18-103(14)(B) is made to the Child Abuse Hotline, the mother has the option to place the newborn for: (1) Adoption through a licensed child placement agency as defined in § 9-28-402(7) ; or (2) A private adoption with a person licensed to practice medicine or law.

(1) Adoption through a licensed child placement agency as defined in § 9-28-402(7) ; or

(2) A private adoption with a person licensed to practice medicine or law.

(c) If a newborn is taken into the custody of the Department of Human Services as the result of a call to the hotline of neglect under § 12-18-103(14)(B) , the mother has the option to place the newborn for: (1) Adoption through a licensed child placement agency under § 9-28-402(7) ; or (2) A private adoption with a person licensed to practice medicine or law.

(1) Adoption through a licensed child placement agency under § 9-28-402(7) ; or

(2) A private adoption with a person licensed to practice medicine or law.

(d) (1) (A) If the proposed adoptive family has not completed the adoptive home study process, including the required criminal background check, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department. (B) The newborn shall remain in a licensed or approved foster home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents. (2) If the newborn is in the custody of the department, an order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents. (3) If the newborn is in the custody of the department, any petition for adoption shall be filed in the open dependency-neglect case. (4) The adoption shall be granted only if the proposed adoptive placement is in the best interests of the newborn.

(1) (A) If the proposed adoptive family has not completed the adoptive home study process, including the required criminal background check, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department. (B) The newborn shall remain in a licensed or approved foster home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents.

(A) If the proposed adoptive family has not completed the adoptive home study process, including the required criminal background check, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department.

(B) The newborn shall remain in a licensed or approved foster home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents.

(2) If the newborn is in the custody of the department, an order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents.

(3) If the newborn is in the custody of the department, any petition for adoption shall be filed in the open dependency-neglect case.

(4) The adoption shall be granted only if the proposed adoptive placement is in the best interests of the newborn.

(e) (1) (A) If the mother wishes for a relative to adopt her newborn, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department unless the relative has a completed approved adoptive home study at the time placement is needed. (B) If a home study has not been completed on the relative, an adoptive home study shall be completed on the proposed relative if the proposed relative is an appropriate placement for the newborn. (C) The home study on the relative cannot be waived. (2) The adoption by a relative of the newborn shall be denied unless: (A) The proposed relative adoptive parents have an approved adoptive home study or the department approves the proposed relative adoptive parents to adopt under state law on adoption, child welfare agency licensing law and rules, and department policy and procedures; (B) The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody so that child protection will not be an issue if the adoption is granted; and (C) The court enters an order describing the level of contact, if any, which is permitted to occur between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order of contact under § 5-26-502 .

(1) (A) If the mother wishes for a relative to adopt her newborn, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department unless the relative has a completed approved adoptive home study at the time placement is needed. (B) If a home study has not been completed on the relative, an adoptive home study shall be completed on the proposed relative if the proposed relative is an appropriate placement for the newborn. (C) The home study on the relative cannot be waived.

(A) If the mother wishes for a relative to adopt her newborn, the newborn shall be placed in a foster home that is licensed and approved under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or in the custody of the department unless the relative has a completed approved adoptive home study at the time placement is needed.

(B) If a home study has not been completed on the relative, an adoptive home study shall be completed on the proposed relative if the proposed relative is an appropriate placement for the newborn.

(C) The home study on the relative cannot be waived.

(2) The adoption by a relative of the newborn shall be denied unless: (A) The proposed relative adoptive parents have an approved adoptive home study or the department approves the proposed relative adoptive parents to adopt under state law on adoption, child welfare agency licensing law and rules, and department policy and procedures; (B) The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody so that child protection will not be an issue if the adoption is granted; and (C) The court enters an order describing the level of contact, if any, which is permitted to occur between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order of contact under § 5-26-502 .

(A) The proposed relative adoptive parents have an approved adoptive home study or the department approves the proposed relative adoptive parents to adopt under state law on adoption, child welfare agency licensing law and rules, and department policy and procedures;

(B) The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody so that child protection will not be an issue if the adoption is granted; and

(C) The court enters an order describing the level of contact, if any, which is permitted to occur between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order of contact under § 5-26-502 .

(f) The department shall remain involved in each placement that is made under this section to monitor whether the mother withdraws her consent to the adoption.

(g) If the mother withdraws her consent to the adoption, the department shall initiate an action to ensure the protection of the child, including without limitation taking the child into custody if custody is warranted to protect the health and safety of the child.

Amended by Act 2019, No. 315,§ 712, eff. 7/24/2019.

Acts 2007, No. 381, § 1; 2009, No. 474, § 1; 2009, No. 758, § 8
Ark. Code Ann. § 9-15-213 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-213
Police conduct and procedure
Status: in_force

All law enforcement officers shall follow the same procedures as outlined in § 16-90-1107 . Acts 1999, No. 1551, § 6

All law enforcement officers shall follow the same procedures as outlined in § 16-90-1107 .

Acts 1999, No. 1551, § 6
Ark. Code Ann. § 9-14-240 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-240
Expiration of income withholding
Status: in_force

(a) (1) Income withholding for child support shall terminate by operation of law when one (1) of the conditions set out in § 9-14-237(a) is met. (2) However, in no event shall income withholding for child support terminate: (A) When a current child support obligation exists; or (B) When a child support arrearage exists, until such time as the arrearage has been satisfied. (b) (1) If there are no child support arrearages, the obligor may terminate income withholding for child support without petitioning the court by giving written notice, in person or by certified mail, to the obligor's employer, the custodial parent or physical custodian, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the Arkansas Child Support Clearinghouse, and the clerk of the court. (2) The notice shall be given no earlier than thirty (30) days before the termination of the duty to pay support, and shall state: (A) The name and address of the obligor; (B) The name and address of the obligor's employer; (C) That income withholding for child support will be terminated; (D) The date of intended termination; (E) The basis for termination of income withholding; and (F) That the custodial parent or physical custodian, the office, or the clerk of the court has the right to file written objection to the termination. (3) The written objection to the termination shall: (A) Be made by certified mail to the obligor and the obligor's employer within ten (10) days after receipt of the notice of intent to terminate income withholding for child support; (B) State that the obligor's duty to pay child support has not been fulfilled as required by court order; and (C) Set forth the reasons for nonfulfillment. (4) If a written objection is filed as provided in this section, then income withholding for child support shall continue until such time as an order is entered that terminates, alters, or amends income withholding for child support. (c) (1) Income withholding for child support may be terminated without petitioning the court by filing with the clerk of the court and submitting to the obligor's employer an affidavit attested to by the obligor, the custodial parent or physical custodian, and the office. (2) The affidavit shall state: (A) The name and address of the obligor and the custodial parent or physical custodian; (B) The name and address of the obligor's employer; (C) The style of the court case and number; (D) That one (1) of the conditions set forth in § 9-14-237(a) has been met; (E) The date that income withholding for child support shall terminate; (F) That there are no child support arrearages; and (G) That the office by its agent, designee, or contractor, whose name and address is provided, has determined that no debt to the state is owing in the cause based on an assignment of rights under §§ 9-14-109 and 20-77-109 . (d) (1) In any action to reinstate income withholding for child support, and when the court determines that income withholding for child support was wrongly terminated pursuant to subsection (b) or subsection (c) of this section, the court shall award costs and a minimum of ten percent (10%) of the support amount due as attorney's fees to the prevailing party. (2) (A) If the custodial parent or physical custodian, the office, or the clerk of the court objects to the termination of income withholding for child support and a petition is filed for an order terminating income withholding for child support and the obligor prevails, the court may award attorney's fees and costs to the obligor. (B) However, there shall be no award for attorney's fees and costs against the office or the clerk of the court. (e) Notices of intent to terminate income withholding for child support filed by the obligor, and any written objection filed by the custodial parent or physical custodian, the office, or the clerk of the court, shall be executed under penalty for false swearing. (f) (1) If a court determines that the amount withheld for child support exceeded the obligor's child support obligation, the obligor shall be entitled to reimbursement. (2) The court may order the custodial parent or physical custodian to repay the excess amounts withheld and may refer to the family support chart to fix a schedule of repayments. Acts 1995, No. 1075, § 1; 1997, No. 1296, § 34

(a) (1) Income withholding for child support shall terminate by operation of law when one (1) of the conditions set out in § 9-14-237(a) is met. (2) However, in no event shall income withholding for child support terminate: (A) When a current child support obligation exists; or (B) When a child support arrearage exists, until such time as the arrearage has been satisfied.

(1) Income withholding for child support shall terminate by operation of law when one (1) of the conditions set out in § 9-14-237(a) is met.

(2) However, in no event shall income withholding for child support terminate: (A) When a current child support obligation exists; or (B) When a child support arrearage exists, until such time as the arrearage has been satisfied.

(A) When a current child support obligation exists; or

(B) When a child support arrearage exists, until such time as the arrearage has been satisfied.

(b) (1) If there are no child support arrearages, the obligor may terminate income withholding for child support without petitioning the court by giving written notice, in person or by certified mail, to the obligor's employer, the custodial parent or physical custodian, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the Arkansas Child Support Clearinghouse, and the clerk of the court. (2) The notice shall be given no earlier than thirty (30) days before the termination of the duty to pay support, and shall state: (A) The name and address of the obligor; (B) The name and address of the obligor's employer; (C) That income withholding for child support will be terminated; (D) The date of intended termination; (E) The basis for termination of income withholding; and (F) That the custodial parent or physical custodian, the office, or the clerk of the court has the right to file written objection to the termination. (3) The written objection to the termination shall: (A) Be made by certified mail to the obligor and the obligor's employer within ten (10) days after receipt of the notice of intent to terminate income withholding for child support; (B) State that the obligor's duty to pay child support has not been fulfilled as required by court order; and (C) Set forth the reasons for nonfulfillment. (4) If a written objection is filed as provided in this section, then income withholding for child support shall continue until such time as an order is entered that terminates, alters, or amends income withholding for child support.

(1) If there are no child support arrearages, the obligor may terminate income withholding for child support without petitioning the court by giving written notice, in person or by certified mail, to the obligor's employer, the custodial parent or physical custodian, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, the Arkansas Child Support Clearinghouse, and the clerk of the court.

(2) The notice shall be given no earlier than thirty (30) days before the termination of the duty to pay support, and shall state: (A) The name and address of the obligor; (B) The name and address of the obligor's employer; (C) That income withholding for child support will be terminated; (D) The date of intended termination; (E) The basis for termination of income withholding; and (F) That the custodial parent or physical custodian, the office, or the clerk of the court has the right to file written objection to the termination.

(A) The name and address of the obligor;

(B) The name and address of the obligor's employer;

(C) That income withholding for child support will be terminated;

(D) The date of intended termination;

(E) The basis for termination of income withholding; and

(F) That the custodial parent or physical custodian, the office, or the clerk of the court has the right to file written objection to the termination.

(3) The written objection to the termination shall: (A) Be made by certified mail to the obligor and the obligor's employer within ten (10) days after receipt of the notice of intent to terminate income withholding for child support; (B) State that the obligor's duty to pay child support has not been fulfilled as required by court order; and (C) Set forth the reasons for nonfulfillment.

(A) Be made by certified mail to the obligor and the obligor's employer within ten (10) days after receipt of the notice of intent to terminate income withholding for child support;

(B) State that the obligor's duty to pay child support has not been fulfilled as required by court order; and

(C) Set forth the reasons for nonfulfillment.

(4) If a written objection is filed as provided in this section, then income withholding for child support shall continue until such time as an order is entered that terminates, alters, or amends income withholding for child support.

(c) (1) Income withholding for child support may be terminated without petitioning the court by filing with the clerk of the court and submitting to the obligor's employer an affidavit attested to by the obligor, the custodial parent or physical custodian, and the office. (2) The affidavit shall state: (A) The name and address of the obligor and the custodial parent or physical custodian; (B) The name and address of the obligor's employer; (C) The style of the court case and number; (D) That one (1) of the conditions set forth in § 9-14-237(a) has been met; (E) The date that income withholding for child support shall terminate; (F) That there are no child support arrearages; and (G) That the office by its agent, designee, or contractor, whose name and address is provided, has determined that no debt to the state is owing in the cause based on an assignment of rights under §§ 9-14-109 and 20-77-109 .

(1) Income withholding for child support may be terminated without petitioning the court by filing with the clerk of the court and submitting to the obligor's employer an affidavit attested to by the obligor, the custodial parent or physical custodian, and the office.

(2) The affidavit shall state: (A) The name and address of the obligor and the custodial parent or physical custodian; (B) The name and address of the obligor's employer; (C) The style of the court case and number; (D) That one (1) of the conditions set forth in § 9-14-237(a) has been met; (E) The date that income withholding for child support shall terminate; (F) That there are no child support arrearages; and (G) That the office by its agent, designee, or contractor, whose name and address is provided, has determined that no debt to the state is owing in the cause based on an assignment of rights under §§ 9-14-109 and 20-77-109 .

(A) The name and address of the obligor and the custodial parent or physical custodian;

(B) The name and address of the obligor's employer;

(C) The style of the court case and number;

(D) That one (1) of the conditions set forth in § 9-14-237(a) has been met;

(E) The date that income withholding for child support shall terminate;

(F) That there are no child support arrearages; and

(G) That the office by its agent, designee, or contractor, whose name and address is provided, has determined that no debt to the state is owing in the cause based on an assignment of rights under §§ 9-14-109 and 20-77-109 .

(d) (1) In any action to reinstate income withholding for child support, and when the court determines that income withholding for child support was wrongly terminated pursuant to subsection (b) or subsection (c) of this section, the court shall award costs and a minimum of ten percent (10%) of the support amount due as attorney's fees to the prevailing party. (2) (A) If the custodial parent or physical custodian, the office, or the clerk of the court objects to the termination of income withholding for child support and a petition is filed for an order terminating income withholding for child support and the obligor prevails, the court may award attorney's fees and costs to the obligor. (B) However, there shall be no award for attorney's fees and costs against the office or the clerk of the court.

(1) In any action to reinstate income withholding for child support, and when the court determines that income withholding for child support was wrongly terminated pursuant to subsection (b) or subsection (c) of this section, the court shall award costs and a minimum of ten percent (10%) of the support amount due as attorney's fees to the prevailing party.

(2) (A) If the custodial parent or physical custodian, the office, or the clerk of the court objects to the termination of income withholding for child support and a petition is filed for an order terminating income withholding for child support and the obligor prevails, the court may award attorney's fees and costs to the obligor. (B) However, there shall be no award for attorney's fees and costs against the office or the clerk of the court.

(A) If the custodial parent or physical custodian, the office, or the clerk of the court objects to the termination of income withholding for child support and a petition is filed for an order terminating income withholding for child support and the obligor prevails, the court may award attorney's fees and costs to the obligor.

(B) However, there shall be no award for attorney's fees and costs against the office or the clerk of the court.

(e) Notices of intent to terminate income withholding for child support filed by the obligor, and any written objection filed by the custodial parent or physical custodian, the office, or the clerk of the court, shall be executed under penalty for false swearing.

(f) (1) If a court determines that the amount withheld for child support exceeded the obligor's child support obligation, the obligor shall be entitled to reimbursement. (2) The court may order the custodial parent or physical custodian to repay the excess amounts withheld and may refer to the family support chart to fix a schedule of repayments.

(1) If a court determines that the amount withheld for child support exceeded the obligor's child support obligation, the obligor shall be entitled to reimbursement.

(2) The court may order the custodial parent or physical custodian to repay the excess amounts withheld and may refer to the family support chart to fix a schedule of repayments.

Acts 1995, No. 1075, § 1; 1997, No. 1296, § 34
Ark. Code Ann. § 9-15-217 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-217
Order of protection - Violations - Domestic violence surveillance program - Global positioning devices - Definition
Status: in_force

(a) (1) (A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated. (B) A person who is charged with violating a final order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated. (2) The court having jurisdiction over the charge may order the defendant released from electronic surveillance before the adjudication of the charge. (b) A person who is found guilty of violating an order of protection may be placed under electronic surveillance at his or her expense as part of his or her sentence for a minimum of four (4) months but not to exceed one (1) year. (c) As used in this section, "electronic surveillance" means active surveillance technology worn by or attached to a person that is a single-piece device that immediately notifies law enforcement or other monitors of a violation of the distance requirements or locations that the defendant is barred from entering and may also include technology that: (1) Immediately notifies the victim of any violation; (2) Allows law enforcement or monitors to speak to the offender in some manner through or in conjunction with the device; (3) Has a loud alarm that can be activated to warn the potential victim of the offender's presence in a place he or she is barred from entering; (4) Is waterproof; and (5) Can be tracked by either satellite or cellular phone tower triangulation. Acts 2009, No. 1447, § 1

(a) (1) (A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated. (B) A person who is charged with violating a final order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated. (2) The court having jurisdiction over the charge may order the defendant released from electronic surveillance before the adjudication of the charge.

(1) (A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated. (B) A person who is charged with violating a final order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.

(A) A person who is charged with violating an ex parte order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.

(B) A person who is charged with violating a final order of protection under § 5-53-134 may be ordered as a condition of his or her release from custody to be placed under electronic surveillance at his or her expense until the charge is adjudicated.

(2) The court having jurisdiction over the charge may order the defendant released from electronic surveillance before the adjudication of the charge.

(b) A person who is found guilty of violating an order of protection may be placed under electronic surveillance at his or her expense as part of his or her sentence for a minimum of four (4) months but not to exceed one (1) year.

(c) As used in this section, "electronic surveillance" means active surveillance technology worn by or attached to a person that is a single-piece device that immediately notifies law enforcement or other monitors of a violation of the distance requirements or locations that the defendant is barred from entering and may also include technology that: (1) Immediately notifies the victim of any violation; (2) Allows law enforcement or monitors to speak to the offender in some manner through or in conjunction with the device; (3) Has a loud alarm that can be activated to warn the potential victim of the offender's presence in a place he or she is barred from entering; (4) Is waterproof; and (5) Can be tracked by either satellite or cellular phone tower triangulation.

(1) Immediately notifies the victim of any violation;

(2) Allows law enforcement or monitors to speak to the offender in some manner through or in conjunction with the device;

(3) Has a loud alarm that can be activated to warn the potential victim of the offender's presence in a place he or she is barred from entering;

(4) Is waterproof; and

(5) Can be tracked by either satellite or cellular phone tower triangulation.

Acts 2009, No. 1447, § 1
Ark. Code Ann. § 9-27-336 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-336
Limitations on detention
Status: in_force

(a) A juvenile who is alleged to be or who has been adjudicated either dependent-neglected or a member of a family in need of services shall not be placed or detained in a secure detention facility, in a facility utilized for the detention of alleged or adjudicated delinquent juveniles, or in a facility utilized for the detention of adults held for, charged with, or convicted of a crime except: (1) (A) A juvenile may be held in a juvenile detention facility when he or she has been away from home for more than twenty-four (24) hours and when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or out of state. (B) (i) The juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults. (C) (i) A juvenile held under this subdivision (a)(1) shall be separated from detained juveniles charged or held for delinquency. (ii) A juvenile may not be held under this subdivision (a)(1) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; and (2) (A) An adjudicated-family-in-need-of-services juvenile may be held in a juvenile detention facility when the court finds that the juvenile violated a valid court order. (B) (i) For the purposes of this subdivision (a)(2), a valid court order shall include any order of a circuit court regarding a juvenile who has been brought before the court and made subject to a court order. (ii) The juvenile who is the subject of the order shall receive full due process rights. (C) (i) A juvenile held under this subdivision (a)(2) shall be separated from detained juveniles charged or held for delinquency. (ii) The holding shall not occur in any facility utilized for incarceration of adults. (b) A juvenile shall not be placed or confined in a jail or lock-up used for the detention of adults except under the following circumstances: (1) A juvenile who has been formally transferred from the juvenile division of circuit court to the criminal division of circuit court and against whom felony charges have been filed or a juvenile whom the prosecuting attorney has the discretion to charge in circuit court and to prosecute as an adult and against whom the circuit court's jurisdiction has been invoked by the filing of felony charges may be held in an adult jail or lock-up; (2) (A) A juvenile alleged to have committed a delinquent act may be held in an adult jail or lock-up for up to six (6) hours for purposes of identification, processing, or arranging for release or transfer to an alternative facility, provided that he or she is separated by sight and sound from adults who are pretrial detainees or convicted persons. (B) A holding for those purposes shall be limited to the minimum time necessary and shall not include travel time for transporting the juvenile to the alternative facility; or (3) (A) A juvenile alleged to have committed a delinquent act who is awaiting an initial appearance before a judge may be held in an adult jail or lock-up for up to twenty-four (24) hours, excluding weekends and holidays, provided the following conditions exist: (i) The alleged act would be a misdemeanor or a felony if committed by an adult or is a violation of § 5-73-119 ; (ii) The geographical area having jurisdiction over the juvenile is outside a metropolitan statistical area pursuant to the current designation of the United States Bureau of the Census; (iii) No acceptable alternative placement for the juvenile exists; and (iv) The juvenile is separated by sight and sound from adults who are pretrial detainees or convicted persons. (B) (i) A juvenile awaiting an initial appearance and being held in an adult jail or lock-up pursuant to the twenty-four-hour exception, as provided in subdivision (b)(3)(A) of this section, may be held for an additional period not to exceed twenty-four (24) hours, provided that the following conditions exist: (a) The conditions of distance to be traveled or the lack of highway, road, or other ground transportation does not allow for court appearances within twenty-four (24) hours; and (b) All the conditions in subdivision (b)(3)(A) of this section exist. (ii) Criteria will be adopted by the Governor or his or her designee to establish what distance, highway or road conditions, or ground transportation limitations will provide a basis for holding a juvenile in an adult jail or lock-up under this exception. (c) Provided that the facilities are designed and used in accordance with federal and state guidelines and restrictions, nothing in this subchapter is intended to prohibit the use of juvenile detention facilities that are attached to or adjacent to adult jails or lock-ups. (d) A detention facility shall not release a serious offender for a less serious offender except by order of the judge who committed the more serious offender. Acts 1989, No. 273, § 35; 1989 (3rd Ex. Sess.), No. 76, § 1; 1994 (2nd Ex. Sess.), No. 55, § 3; 1994 (2nd Ex. Sess.), No. 56, § 3; 1997, No. 1118, § 5; 2003, No. 1166, § 18; 2005, No. 1962, § 20

(a) A juvenile who is alleged to be or who has been adjudicated either dependent-neglected or a member of a family in need of services shall not be placed or detained in a secure detention facility, in a facility utilized for the detention of alleged or adjudicated delinquent juveniles, or in a facility utilized for the detention of adults held for, charged with, or convicted of a crime except: (1) (A) A juvenile may be held in a juvenile detention facility when he or she has been away from home for more than twenty-four (24) hours and when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or out of state. (B) (i) The juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults. (C) (i) A juvenile held under this subdivision (a)(1) shall be separated from detained juveniles charged or held for delinquency. (ii) A juvenile may not be held under this subdivision (a)(1) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; and (2) (A) An adjudicated-family-in-need-of-services juvenile may be held in a juvenile detention facility when the court finds that the juvenile violated a valid court order. (B) (i) For the purposes of this subdivision (a)(2), a valid court order shall include any order of a circuit court regarding a juvenile who has been brought before the court and made subject to a court order. (ii) The juvenile who is the subject of the order shall receive full due process rights. (C) (i) A juvenile held under this subdivision (a)(2) shall be separated from detained juveniles charged or held for delinquency. (ii) The holding shall not occur in any facility utilized for incarceration of adults.

(1) (A) A juvenile may be held in a juvenile detention facility when he or she has been away from home for more than twenty-four (24) hours and when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or out of state. (B) (i) The juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults. (C) (i) A juvenile held under this subdivision (a)(1) shall be separated from detained juveniles charged or held for delinquency. (ii) A juvenile may not be held under this subdivision (a)(1) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; and

(A) A juvenile may be held in a juvenile detention facility when he or she has been away from home for more than twenty-four (24) hours and when the parent, guardian, or other person contacted lives beyond a fifty-mile driving distance or out of state.

(B) (i) The juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility. (ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.

(i) The juvenile may be held in custody in a juvenile detention facility for purposes of identification, processing, or arranging for release or transfer to an alternative facility.

(ii) The holding shall be limited to the minimum time necessary to complete these actions and shall not occur in any facility utilized for incarceration of adults.

(C) (i) A juvenile held under this subdivision (a)(1) shall be separated from detained juveniles charged or held for delinquency. (ii) A juvenile may not be held under this subdivision (a)(1) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; and

(i) A juvenile held under this subdivision (a)(1) shall be separated from detained juveniles charged or held for delinquency.

(ii) A juvenile may not be held under this subdivision (a)(1) for more than six (6) hours if the parent, guardian, or other person contacted lives in the state or twenty-four (24) hours, excluding weekends and holidays, if the parent, guardian, or other person contacted lives out of state; and

(2) (A) An adjudicated-family-in-need-of-services juvenile may be held in a juvenile detention facility when the court finds that the juvenile violated a valid court order. (B) (i) For the purposes of this subdivision (a)(2), a valid court order shall include any order of a circuit court regarding a juvenile who has been brought before the court and made subject to a court order. (ii) The juvenile who is the subject of the order shall receive full due process rights. (C) (i) A juvenile held under this subdivision (a)(2) shall be separated from detained juveniles charged or held for delinquency. (ii) The holding shall not occur in any facility utilized for incarceration of adults.

(A) An adjudicated-family-in-need-of-services juvenile may be held in a juvenile detention facility when the court finds that the juvenile violated a valid court order.

(B) (i) For the purposes of this subdivision (a)(2), a valid court order shall include any order of a circuit court regarding a juvenile who has been brought before the court and made subject to a court order. (ii) The juvenile who is the subject of the order shall receive full due process rights.

(i) For the purposes of this subdivision (a)(2), a valid court order shall include any order of a circuit court regarding a juvenile who has been brought before the court and made subject to a court order.

(ii) The juvenile who is the subject of the order shall receive full due process rights.

(C) (i) A juvenile held under this subdivision (a)(2) shall be separated from detained juveniles charged or held for delinquency. (ii) The holding shall not occur in any facility utilized for incarceration of adults.

(i) A juvenile held under this subdivision (a)(2) shall be separated from detained juveniles charged or held for delinquency.

(ii) The holding shall not occur in any facility utilized for incarceration of adults.

(b) A juvenile shall not be placed or confined in a jail or lock-up used for the detention of adults except under the following circumstances: (1) A juvenile who has been formally transferred from the juvenile division of circuit court to the criminal division of circuit court and against whom felony charges have been filed or a juvenile whom the prosecuting attorney has the discretion to charge in circuit court and to prosecute as an adult and against whom the circuit court's jurisdiction has been invoked by the filing of felony charges may be held in an adult jail or lock-up; (2) (A) A juvenile alleged to have committed a delinquent act may be held in an adult jail or lock-up for up to six (6) hours for purposes of identification, processing, or arranging for release or transfer to an alternative facility, provided that he or she is separated by sight and sound from adults who are pretrial detainees or convicted persons. (B) A holding for those purposes shall be limited to the minimum time necessary and shall not include travel time for transporting the juvenile to the alternative facility; or (3) (A) A juvenile alleged to have committed a delinquent act who is awaiting an initial appearance before a judge may be held in an adult jail or lock-up for up to twenty-four (24) hours, excluding weekends and holidays, provided the following conditions exist: (i) The alleged act would be a misdemeanor or a felony if committed by an adult or is a violation of § 5-73-119 ; (ii) The geographical area having jurisdiction over the juvenile is outside a metropolitan statistical area pursuant to the current designation of the United States Bureau of the Census; (iii) No acceptable alternative placement for the juvenile exists; and (iv) The juvenile is separated by sight and sound from adults who are pretrial detainees or convicted persons. (B) (i) A juvenile awaiting an initial appearance and being held in an adult jail or lock-up pursuant to the twenty-four-hour exception, as provided in subdivision (b)(3)(A) of this section, may be held for an additional period not to exceed twenty-four (24) hours, provided that the following conditions exist: (a) The conditions of distance to be traveled or the lack of highway, road, or other ground transportation does not allow for court appearances within twenty-four (24) hours; and (b) All the conditions in subdivision (b)(3)(A) of this section exist. (ii) Criteria will be adopted by the Governor or his or her designee to establish what distance, highway or road conditions, or ground transportation limitations will provide a basis for holding a juvenile in an adult jail or lock-up under this exception.

(1) A juvenile who has been formally transferred from the juvenile division of circuit court to the criminal division of circuit court and against whom felony charges have been filed or a juvenile whom the prosecuting attorney has the discretion to charge in circuit court and to prosecute as an adult and against whom the circuit court's jurisdiction has been invoked by the filing of felony charges may be held in an adult jail or lock-up;

(2) (A) A juvenile alleged to have committed a delinquent act may be held in an adult jail or lock-up for up to six (6) hours for purposes of identification, processing, or arranging for release or transfer to an alternative facility, provided that he or she is separated by sight and sound from adults who are pretrial detainees or convicted persons. (B) A holding for those purposes shall be limited to the minimum time necessary and shall not include travel time for transporting the juvenile to the alternative facility; or

(A) A juvenile alleged to have committed a delinquent act may be held in an adult jail or lock-up for up to six (6) hours for purposes of identification, processing, or arranging for release or transfer to an alternative facility, provided that he or she is separated by sight and sound from adults who are pretrial detainees or convicted persons.

(B) A holding for those purposes shall be limited to the minimum time necessary and shall not include travel time for transporting the juvenile to the alternative facility; or

(3) (A) A juvenile alleged to have committed a delinquent act who is awaiting an initial appearance before a judge may be held in an adult jail or lock-up for up to twenty-four (24) hours, excluding weekends and holidays, provided the following conditions exist: (i) The alleged act would be a misdemeanor or a felony if committed by an adult or is a violation of § 5-73-119 ; (ii) The geographical area having jurisdiction over the juvenile is outside a metropolitan statistical area pursuant to the current designation of the United States Bureau of the Census; (iii) No acceptable alternative placement for the juvenile exists; and (iv) The juvenile is separated by sight and sound from adults who are pretrial detainees or convicted persons. (B) (i) A juvenile awaiting an initial appearance and being held in an adult jail or lock-up pursuant to the twenty-four-hour exception, as provided in subdivision (b)(3)(A) of this section, may be held for an additional period not to exceed twenty-four (24) hours, provided that the following conditions exist: (a) The conditions of distance to be traveled or the lack of highway, road, or other ground transportation does not allow for court appearances within twenty-four (24) hours; and (b) All the conditions in subdivision (b)(3)(A) of this section exist. (ii) Criteria will be adopted by the Governor or his or her designee to establish what distance, highway or road conditions, or ground transportation limitations will provide a basis for holding a juvenile in an adult jail or lock-up under this exception.

(A) A juvenile alleged to have committed a delinquent act who is awaiting an initial appearance before a judge may be held in an adult jail or lock-up for up to twenty-four (24) hours, excluding weekends and holidays, provided the following conditions exist: (i) The alleged act would be a misdemeanor or a felony if committed by an adult or is a violation of § 5-73-119 ; (ii) The geographical area having jurisdiction over the juvenile is outside a metropolitan statistical area pursuant to the current designation of the United States Bureau of the Census; (iii) No acceptable alternative placement for the juvenile exists; and (iv) The juvenile is separated by sight and sound from adults who are pretrial detainees or convicted persons.

(i) The alleged act would be a misdemeanor or a felony if committed by an adult or is a violation of § 5-73-119 ;

(ii) The geographical area having jurisdiction over the juvenile is outside a metropolitan statistical area pursuant to the current designation of the United States Bureau of the Census;

(iii) No acceptable alternative placement for the juvenile exists; and

(iv) The juvenile is separated by sight and sound from adults who are pretrial detainees or convicted persons.

(B) (i) A juvenile awaiting an initial appearance and being held in an adult jail or lock-up pursuant to the twenty-four-hour exception, as provided in subdivision (b)(3)(A) of this section, may be held for an additional period not to exceed twenty-four (24) hours, provided that the following conditions exist: (a) The conditions of distance to be traveled or the lack of highway, road, or other ground transportation does not allow for court appearances within twenty-four (24) hours; and (b) All the conditions in subdivision (b)(3)(A) of this section exist. (ii) Criteria will be adopted by the Governor or his or her designee to establish what distance, highway or road conditions, or ground transportation limitations will provide a basis for holding a juvenile in an adult jail or lock-up under this exception.

(i) A juvenile awaiting an initial appearance and being held in an adult jail or lock-up pursuant to the twenty-four-hour exception, as provided in subdivision (b)(3)(A) of this section, may be held for an additional period not to exceed twenty-four (24) hours, provided that the following conditions exist: (a) The conditions of distance to be traveled or the lack of highway, road, or other ground transportation does not allow for court appearances within twenty-four (24) hours; and (b) All the conditions in subdivision (b)(3)(A) of this section exist.

(a) The conditions of distance to be traveled or the lack of highway, road, or other ground transportation does not allow for court appearances within twenty-four (24) hours; and

(b) All the conditions in subdivision (b)(3)(A) of this section exist.

(ii) Criteria will be adopted by the Governor or his or her designee to establish what distance, highway or road conditions, or ground transportation limitations will provide a basis for holding a juvenile in an adult jail or lock-up under this exception.

(c) Provided that the facilities are designed and used in accordance with federal and state guidelines and restrictions, nothing in this subchapter is intended to prohibit the use of juvenile detention facilities that are attached to or adjacent to adult jails or lock-ups.

(d) A detention facility shall not release a serious offender for a less serious offender except by order of the judge who committed the more serious offender.

Acts 1989, No. 273, § 35; 1989 (3rd Ex. Sess.), No. 76, § 1; 1994 (2nd Ex. Sess.), No. 55, § 3; 1994 (2nd Ex. Sess.), No. 56, § 3; 1997, No. 1118, § 5; 2003, No. 1166, § 18; 2005, No. 1962, § 20
Ark. Code Ann. § 9-28-101 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-101
Legislative intent and purpose
Status: in_force

The General Assembly recognizes that the state has a responsibility to protect children from abuse and neglect by providing services and supports that promote the safety, permanency, and well-being of the children and families of Arkansas. Acts 2011, No. 591, § 1

The General Assembly recognizes that the state has a responsibility to protect children from abuse and neglect by providing services and supports that promote the safety, permanency, and well-being of the children and families of Arkansas.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-14-219 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-219
Income withholding - Priority of order
Status: in_force

Orders of income withholding for support shall have priority over all other legal processes under state law against the money, income, or periodic earnings of the noncustodial parent. Acts 1985, No. 989, § 11; A.S.A. 1947, § 34-1229

Orders of income withholding for support shall have priority over all other legal processes under state law against the money, income, or periodic earnings of the noncustodial parent.

Acts 1985, No. 989, § 11; A.S.A. 1947, § 34-1229