Ark. Code Ann. § 9-13-103 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-103
Visitation rights of grandparents when child is in custody of parent - Definitions
Status: in_force

(a) For the purposes of this section: (1) "Child" means a minor under eighteen (18) years of age of whom the custodian has control and who is: (A) The grandchild of the petitioner; or (B) The great-grandchild of the petitioner; (2) "Counseling" means individual counseling, group counseling, or other intervention method; (3) "Custodian" means the custodial parent of the child with the authority to grant or deny grandparental visitation; (4) "Mediation service" means any formal or informal mediation; and (5) "Petitioner" means any individual who may petition for visitation rights under this section. (b) A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if: (1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation; (2) The child is illegitimate and the petitioner is a maternal grandparent or great-grandparent of the illegitimate child; (3) The child is illegitimate, the petitioner is a paternal grandparent or great-grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction; (4) The court finds by clear and convincing evidence that the primary custodian of the child is unfit; (5) (A) The court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the best interest of the child. (B) In determining the best interest of the child, the court may consider one (1) or more of the following factors: (i) The love, affection, and other emotional ties that exist between the petitioner and the child; (ii) The length and quality of the relationship between the petitioner and the child; (iii) The mental and physical health of the petitioner, the parent, and the child; (iv) The potential detriments and benefits to the child if visitation is granted or denied; (v) The wishes and preferences of the child as to visitation; (vi) The motivation of the parent in denying or prohibiting visitation between the petitioner and the child; (vii) The motivation of the grandparent or great-grandparent in petitioning for visitation with child; (viii) Any history of abuse or neglect of the child; (ix) Any history of domestic violence in the home of the child; (x) Whether there has been a court-ordered termination of the parental rights of a parent to whom the petitioner is related; and (xi) Any other factor that impacts the best interest of the child; or (6) A stepparent of either biological parent of the child adopts the child due to the death of the biological parent of the child. (c) (1) There is a rebuttable presumption that a custodian's decision denying or limiting visitation to the petitioner is in the best interest of the child. (2) To rebut the presumption, the petitioner shall prove by a preponderance of the evidence the following: (A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and (B) Visitation with the petitioner is in the best interest of the child. (d) To establish a significant and viable relationship with the child, the petitioner must prove by a preponderance of the evidence the following: (1) The child resided with the petitioner for at least six (6) consecutive months with or without the current custodian present; (2) The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months; (3) The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or (4) Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child. (e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner shall prove by a preponderance of the evidence the following: (1) The petitioner has the capacity to give the child love, affection, emotional support, and guidance; (2) The loss of the relationship between the petitioner and the child is likely to: (A) Harm the child; (B) Cause emotional distress to the child; (C) Result in the emotional abuse of the child; or (D) Result in the emotional neglect of the child; (3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed; and (4) Awarding grandparent visitation would not interfere with the parent-child relationship. (f) (1) An order granting or denying visitation rights to grandparents and great-grandparents shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation under this section. (2) (A) If the court grants visitation to the petitioner or petitioners, the visits may occur without regard to which parent has physical custody of the child. (B) Visits with a paternal grandparent or great-grandparent may occur even when the child is in the custody of the mother, and visits with a maternal grandparent or great-grandparent may occur even when the child is in the custody of the father. (3) (A) If the court grants visitation to the petitioner under this section, then the visitation shall be exercised in a manner consistent with all orders regarding custody of or visitation with the child unless the court makes a specific finding otherwise. (B) If the court finds that the petitioner's visitation should be restricted or limited in any way, then the court shall include the restrictions or limitations in the order granting visitation. (4) An order granting or denying visitation rights under this section is a final order for purposes of appeal. (5) After an order granting or denying visitation has been entered under this section, the custodian or petitioner may petition the court for the following: (A) Contempt proceedings if one (1) party to the order fails to comply with the order; (B) To address the issue of visitation based on a change in circumstances; or (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section. (g) (1) A court may order mediation services to resolve a visitation issue under this section if: (A) Mediation services are available; (B) Both parties agree to participate in mediation services; and (C) One (1) or both of the parties agree to pay for mediation services. (2) Records, notes, reports, or discussions related to the mediation service shall not be used by the court to determine visitation under this section. (h) (1) A court may order counseling to address underlying matters surrounding the visitation issue under this section if: (A) Counseling is available; (B) Both parties agree to participate in counseling; and (C) One (1) or both of the parties agree to pay for counseling. (2) Records, notes, reports, or discussions related to the counseling shall not be used by the court to determine visitation under this section. (i) This section does not apply to dependency-neglect proceedings conducted under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. Amended by Act 2019, No. 679,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 679,§ 3, eff. 7/24/2019. Acts 1985, No. 403, §§ 1, 3; A.S.A. 1947, §§ 34-1211.2, 34-1211.3; Acts 1987, No. 17, § 1; 1993, No. 1231, § 1; 1995, No. 1200, § 1; 2003, No. 652, § 1; 2009, No. 271, § 1

(a) For the purposes of this section: (1) "Child" means a minor under eighteen (18) years of age of whom the custodian has control and who is: (A) The grandchild of the petitioner; or (B) The great-grandchild of the petitioner; (2) "Counseling" means individual counseling, group counseling, or other intervention method; (3) "Custodian" means the custodial parent of the child with the authority to grant or deny grandparental visitation; (4) "Mediation service" means any formal or informal mediation; and (5) "Petitioner" means any individual who may petition for visitation rights under this section.

(1) "Child" means a minor under eighteen (18) years of age of whom the custodian has control and who is: (A) The grandchild of the petitioner; or (B) The great-grandchild of the petitioner;

(A) The grandchild of the petitioner; or

(B) The great-grandchild of the petitioner;

(2) "Counseling" means individual counseling, group counseling, or other intervention method;

(3) "Custodian" means the custodial parent of the child with the authority to grant or deny grandparental visitation;

(4) "Mediation service" means any formal or informal mediation; and

(5) "Petitioner" means any individual who may petition for visitation rights under this section.

(b) A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if: (1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation; (2) The child is illegitimate and the petitioner is a maternal grandparent or great-grandparent of the illegitimate child; (3) The child is illegitimate, the petitioner is a paternal grandparent or great-grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction; (4) The court finds by clear and convincing evidence that the primary custodian of the child is unfit; (5) (A) The court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the best interest of the child. (B) In determining the best interest of the child, the court may consider one (1) or more of the following factors: (i) The love, affection, and other emotional ties that exist between the petitioner and the child; (ii) The length and quality of the relationship between the petitioner and the child; (iii) The mental and physical health of the petitioner, the parent, and the child; (iv) The potential detriments and benefits to the child if visitation is granted or denied; (v) The wishes and preferences of the child as to visitation; (vi) The motivation of the parent in denying or prohibiting visitation between the petitioner and the child; (vii) The motivation of the grandparent or great-grandparent in petitioning for visitation with child; (viii) Any history of abuse or neglect of the child; (ix) Any history of domestic violence in the home of the child; (x) Whether there has been a court-ordered termination of the parental rights of a parent to whom the petitioner is related; and (xi) Any other factor that impacts the best interest of the child; or (6) A stepparent of either biological parent of the child adopts the child due to the death of the biological parent of the child.

(1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;

(2) The child is illegitimate and the petitioner is a maternal grandparent or great-grandparent of the illegitimate child;

(3) The child is illegitimate, the petitioner is a paternal grandparent or great-grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction;

(4) The court finds by clear and convincing evidence that the primary custodian of the child is unfit;

(5) (A) The court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the best interest of the child. (B) In determining the best interest of the child, the court may consider one (1) or more of the following factors: (i) The love, affection, and other emotional ties that exist between the petitioner and the child; (ii) The length and quality of the relationship between the petitioner and the child; (iii) The mental and physical health of the petitioner, the parent, and the child; (iv) The potential detriments and benefits to the child if visitation is granted or denied; (v) The wishes and preferences of the child as to visitation; (vi) The motivation of the parent in denying or prohibiting visitation between the petitioner and the child; (vii) The motivation of the grandparent or great-grandparent in petitioning for visitation with child; (viii) Any history of abuse or neglect of the child; (ix) Any history of domestic violence in the home of the child; (x) Whether there has been a court-ordered termination of the parental rights of a parent to whom the petitioner is related; and (xi) Any other factor that impacts the best interest of the child; or

(A) The court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the best interest of the child.

(B) In determining the best interest of the child, the court may consider one (1) or more of the following factors: (i) The love, affection, and other emotional ties that exist between the petitioner and the child; (ii) The length and quality of the relationship between the petitioner and the child; (iii) The mental and physical health of the petitioner, the parent, and the child; (iv) The potential detriments and benefits to the child if visitation is granted or denied; (v) The wishes and preferences of the child as to visitation; (vi) The motivation of the parent in denying or prohibiting visitation between the petitioner and the child; (vii) The motivation of the grandparent or great-grandparent in petitioning for visitation with child; (viii) Any history of abuse or neglect of the child; (ix) Any history of domestic violence in the home of the child; (x) Whether there has been a court-ordered termination of the parental rights of a parent to whom the petitioner is related; and (xi) Any other factor that impacts the best interest of the child; or

(i) The love, affection, and other emotional ties that exist between the petitioner and the child;

(ii) The length and quality of the relationship between the petitioner and the child;

(iii) The mental and physical health of the petitioner, the parent, and the child;

(iv) The potential detriments and benefits to the child if visitation is granted or denied;

(v) The wishes and preferences of the child as to visitation;

(vi) The motivation of the parent in denying or prohibiting visitation between the petitioner and the child;

(vii) The motivation of the grandparent or great-grandparent in petitioning for visitation with child;

(viii) Any history of abuse or neglect of the child;

(ix) Any history of domestic violence in the home of the child;

(x) Whether there has been a court-ordered termination of the parental rights of a parent to whom the petitioner is related; and

(xi) Any other factor that impacts the best interest of the child; or

(6) A stepparent of either biological parent of the child adopts the child due to the death of the biological parent of the child.

(c) (1) There is a rebuttable presumption that a custodian's decision denying or limiting visitation to the petitioner is in the best interest of the child. (2) To rebut the presumption, the petitioner shall prove by a preponderance of the evidence the following: (A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and (B) Visitation with the petitioner is in the best interest of the child.

(1) There is a rebuttable presumption that a custodian's decision denying or limiting visitation to the petitioner is in the best interest of the child.

(2) To rebut the presumption, the petitioner shall prove by a preponderance of the evidence the following: (A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and (B) Visitation with the petitioner is in the best interest of the child.

(A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and

(B) Visitation with the petitioner is in the best interest of the child.

(d) To establish a significant and viable relationship with the child, the petitioner must prove by a preponderance of the evidence the following: (1) The child resided with the petitioner for at least six (6) consecutive months with or without the current custodian present; (2) The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months; (3) The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or (4) Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child.

(1) The child resided with the petitioner for at least six (6) consecutive months with or without the current custodian present;

(2) The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months;

(3) The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or

(4) Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child.

(e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner shall prove by a preponderance of the evidence the following: (1) The petitioner has the capacity to give the child love, affection, emotional support, and guidance; (2) The loss of the relationship between the petitioner and the child is likely to: (A) Harm the child; (B) Cause emotional distress to the child; (C) Result in the emotional abuse of the child; or (D) Result in the emotional neglect of the child; (3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed; and (4) Awarding grandparent visitation would not interfere with the parent-child relationship.

(1) The petitioner has the capacity to give the child love, affection, emotional support, and guidance;

(2) The loss of the relationship between the petitioner and the child is likely to: (A) Harm the child; (B) Cause emotional distress to the child; (C) Result in the emotional abuse of the child; or (D) Result in the emotional neglect of the child;

(A) Harm the child;

(B) Cause emotional distress to the child;

(C) Result in the emotional abuse of the child; or

(D) Result in the emotional neglect of the child;

(3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed; and

(4) Awarding grandparent visitation would not interfere with the parent-child relationship.

(f) (1) An order granting or denying visitation rights to grandparents and great-grandparents shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation under this section. (2) (A) If the court grants visitation to the petitioner or petitioners, the visits may occur without regard to which parent has physical custody of the child. (B) Visits with a paternal grandparent or great-grandparent may occur even when the child is in the custody of the mother, and visits with a maternal grandparent or great-grandparent may occur even when the child is in the custody of the father. (3) (A) If the court grants visitation to the petitioner under this section, then the visitation shall be exercised in a manner consistent with all orders regarding custody of or visitation with the child unless the court makes a specific finding otherwise. (B) If the court finds that the petitioner's visitation should be restricted or limited in any way, then the court shall include the restrictions or limitations in the order granting visitation. (4) An order granting or denying visitation rights under this section is a final order for purposes of appeal. (5) After an order granting or denying visitation has been entered under this section, the custodian or petitioner may petition the court for the following: (A) Contempt proceedings if one (1) party to the order fails to comply with the order; (B) To address the issue of visitation based on a change in circumstances; or (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

(1) An order granting or denying visitation rights to grandparents and great-grandparents shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation under this section.

(2) (A) If the court grants visitation to the petitioner or petitioners, the visits may occur without regard to which parent has physical custody of the child. (B) Visits with a paternal grandparent or great-grandparent may occur even when the child is in the custody of the mother, and visits with a maternal grandparent or great-grandparent may occur even when the child is in the custody of the father.

(A) If the court grants visitation to the petitioner or petitioners, the visits may occur without regard to which parent has physical custody of the child.

(B) Visits with a paternal grandparent or great-grandparent may occur even when the child is in the custody of the mother, and visits with a maternal grandparent or great-grandparent may occur even when the child is in the custody of the father.

(3) (A) If the court grants visitation to the petitioner under this section, then the visitation shall be exercised in a manner consistent with all orders regarding custody of or visitation with the child unless the court makes a specific finding otherwise. (B) If the court finds that the petitioner's visitation should be restricted or limited in any way, then the court shall include the restrictions or limitations in the order granting visitation.

(A) If the court grants visitation to the petitioner under this section, then the visitation shall be exercised in a manner consistent with all orders regarding custody of or visitation with the child unless the court makes a specific finding otherwise.

(B) If the court finds that the petitioner's visitation should be restricted or limited in any way, then the court shall include the restrictions or limitations in the order granting visitation.

(4) An order granting or denying visitation rights under this section is a final order for purposes of appeal.

(5) After an order granting or denying visitation has been entered under this section, the custodian or petitioner may petition the court for the following: (A) Contempt proceedings if one (1) party to the order fails to comply with the order; (B) To address the issue of visitation based on a change in circumstances; or (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

(A) Contempt proceedings if one (1) party to the order fails to comply with the order;

(B) To address the issue of visitation based on a change in circumstances; or

(C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

(g) (1) A court may order mediation services to resolve a visitation issue under this section if: (A) Mediation services are available; (B) Both parties agree to participate in mediation services; and (C) One (1) or both of the parties agree to pay for mediation services. (2) Records, notes, reports, or discussions related to the mediation service shall not be used by the court to determine visitation under this section.

(1) A court may order mediation services to resolve a visitation issue under this section if: (A) Mediation services are available; (B) Both parties agree to participate in mediation services; and (C) One (1) or both of the parties agree to pay for mediation services.

(A) Mediation services are available;

(B) Both parties agree to participate in mediation services; and

(C) One (1) or both of the parties agree to pay for mediation services.

(2) Records, notes, reports, or discussions related to the mediation service shall not be used by the court to determine visitation under this section.

(h) (1) A court may order counseling to address underlying matters surrounding the visitation issue under this section if: (A) Counseling is available; (B) Both parties agree to participate in counseling; and (C) One (1) or both of the parties agree to pay for counseling. (2) Records, notes, reports, or discussions related to the counseling shall not be used by the court to determine visitation under this section.

(1) A court may order counseling to address underlying matters surrounding the visitation issue under this section if: (A) Counseling is available; (B) Both parties agree to participate in counseling; and (C) One (1) or both of the parties agree to pay for counseling.

(A) Counseling is available;

(B) Both parties agree to participate in counseling; and

(C) One (1) or both of the parties agree to pay for counseling.

(2) Records, notes, reports, or discussions related to the counseling shall not be used by the court to determine visitation under this section.

(i) This section does not apply to dependency-neglect proceedings conducted under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

Amended by Act 2019, No. 679,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 679,§ 3, eff. 7/24/2019.

Acts 1985, No. 403, §§ 1, 3; A.S.A. 1947, §§ 34-1211.2, 34-1211.3; Acts 1987, No. 17, § 1; 1993, No. 1231, § 1; 1995, No. 1200, § 1; 2003, No. 652, § 1; 2009, No. 271, § 1
Ark. Code Ann. § 9-26-209 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-209
Manner of creating custodial property and effecting transfer - Designation of initial custodian - Control
Status: in_force

(a) Custodial property is created and a transfer is made whenever: (1) an uncertificated security or a certificated security in registered form is either: (i) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this section; (2) money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (3) the ownership of a life or endowment insurance policy or annuity contract is either: (i) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (4) an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (5) an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (6) a certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (i) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (7) an interest in any property not described in paragraphs (1)-(6) of this section is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section. (b) An instrument in the following form shall satisfy the requirements of paragraphs (a)(1)(ii) and (7) of this section: Click here to view form. (c) A transferor shall place the custodian in control of the custodial property as soon as practicable. Acts 1985, No. 476, § 9; A.S.A. 1947, § 50-942

(a) Custodial property is created and a transfer is made whenever: (1) an uncertificated security or a certificated security in registered form is either: (i) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this section; (2) money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (3) the ownership of a life or endowment insurance policy or annuity contract is either: (i) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (4) an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (5) an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; (6) a certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (i) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (7) an interest in any property not described in paragraphs (1)-(6) of this section is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section.

(1) an uncertificated security or a certificated security in registered form is either: (i) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this section;

(i) registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or

(ii) delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b) of this section;

(2) money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act";

(3) the ownership of a life or endowment insurance policy or annuity contract is either: (i) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act";

(i) registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or

(ii) assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act";

(4) an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act";

(5) an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act";

(6) a certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either: (i) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or (ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or

(i) issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or

(ii) delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for ............... (name of minor) under the Arkansas Uniform Transfers to Minors Act"; or

(7) an interest in any property not described in paragraphs (1)-(6) of this section is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b) of this section.

(b) An instrument in the following form shall satisfy the requirements of paragraphs (a)(1)(ii) and (7) of this section: Click here to view form.

Click here to view form.

(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.

Acts 1985, No. 476, § 9; A.S.A. 1947, § 50-942

26_209_1 - Attachment
Ark. Code Ann. § 9-20-103 — AR Code / Title 9 / Chapter 20 / Section 9-20-103
Definitions
Status: in_force

As used in this chapter: (1) (A) "Abuse" means with regard to any long-term care facility resident or any person who is at the Arkansas State Hospital an act by a caregiver that falls into any of the following categories: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult, excluding court-ordered medical care or medical care requested by an endangered adult, an impaired adult, or a person who is legally authorized to make a medical decision on behalf of an endangered adult or an impaired adult; (ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care; (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause; or (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. (B) "Abuse" means with regard to any person who is not a long-term care facility resident or at the Arkansas State Hospital: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult; (ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause; (2) "Adult maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of an adult; (3) "Caregiver" means a related person or an unrelated person, an owner, an agent, a high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an endangered adult or an impaired adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the circuit court; (4) "Custodian" means the Department of Human Services while the department is exercising a seventy-two-hour hold on an endangered or impaired person or during the effective dates of an order granting custody to the department; (5) "Department" means the Department of Human Services; (6) "Endangered adult" means: (A) An adult eighteen (18) years of age or older who: (i) Is found to be in a situation or condition that poses a danger to himself or herself; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or (B) An adult resident of a long-term care facility who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to that person; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; (7) "Exploitation" means the: (A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property; (B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another; (C) Fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an endangered or an impaired person or long-term care facility resident for monetary or personal benefit, profit, or gain or that results in depriving the person or resident of rightful access to or use of benefits, resources, belongings, or assets; or (D) Misappropriation of property of a long-term care facility resident; (8) (A) "Fiduciary" means a person or entity with the legal responsibility to: (i) Make decisions on behalf of and for the benefit of another person; and (ii) Act in good faith and with fairness. (B) "Fiduciary" includes without limitation a trustee, a guardian, a conservator, an executor, an agent under financial power of attorney or healthcare power of attorney, or a representative payee; (9) "Imminent danger to health or safety" means a situation in which death or serious bodily harm could reasonably be expected to occur without intervention; (10) (A) "Impaired adult" means a person eighteen (18) years of age or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. (B) For purposes of this chapter, residents of a long-term care facility are presumed to be impaired persons. (C) For purposes of this chapter, a person with a mental impairment does not include a person who is in need of acute psychiatric treatment, chronic mental health treatment, alcohol or drug abuse treatment, or casework supervision by mental health professionals. (D) For purposes of this chapter, an adult who has a representative payee appointed for that adult by the Social Security Administration or other authorized agency is presumed to be an impaired adult in relation to adult maltreatment through financial exploitation; (11) "Impairment" means a disability that grossly and chronically diminishes a person's physical or mental ability to live independently or provide self-care as determined through observation, diagnosis, evaluation, or assessment; (12) (A) "Less-than-custody order" means an emergency order issued by a circuit court of the State of Arkansas on petition or motion of the department that makes specific orders for the protection of an endangered or impaired adult but does not give the department custody over an endangered or impaired adult. (B) A less-than-custody order may specify appropriate safeguards, including without limitation: (i) Prohibiting a legal custodian or guardian of an endangered or impaired adult from having contact with the endangered or impaired adult; (ii) Prohibiting a legal custodian, guardian, or holder of a power of attorney of an endangered or impaired adult from withdrawing funds from one (1) or more accounts of the endangered or impaired adult or otherwise accessing the assets of the endangered or impaired adult; or (iii) Requiring the endangered or impaired adult to accept services as directed by the court; (13) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) An assisted living facility; (E) An intermediate care facility for individuals with developmental disabilities; or (F) Any facility that provides long-term medical or personal care; (14) "Long-term care facility resident" means a person eighteen (18) years of age or older living in a long-term care facility; (15) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of an adult resident of a long-term care facility; (16) "Maltreated adult" means an adult who has been abused, exploited, neglected, physically abused, or sexually abused; (17) "Misappropriation of property of a long-term care facility resident" means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a long-term care facility resident's belongings or money without the long-term care facility resident's consent; (18) "Neglect" means: (A) An act or omission by an endangered or an impaired adult, for example, self-neglect; or (B) An act or omission by a caregiver responsible for the care and supervision of an endangered or an impaired adult constituting negligent failure to: (i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered or an impaired adult; (ii) Report health problems or changes in health problems or changes in the health condition of an endangered or an impaired adult to the appropriate medical personnel; (iii) Carry out a prescribed treatment plan; or (iv) Provide to an adult resident of a long-term care facility goods or services necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care; (19) (A) "Physical injury" means the impairment of a physical condition or the infliction of substantial pain. (B) If the person is an endangered or an impaired adult, there is a presumption that any physical injury resulted in the infliction of substantial pain; (20) (A) "Protective services" means services to protect an endangered or an impaired adult from: (i) Self-neglect or self-abuse; or (ii) Abuse or neglect by others. (B) "Protective services" may include: (i) Evaluation of the need for services; (ii) Arrangements or referrals for appropriate services available in the community; (iii) Assistance in obtaining financial benefits to which the person is entitled; or (iv) As appropriate, referrals to law enforcement or prosecutors; (21) "Relative" means the spouse, child, grandchild, parent, or sibling of an endangered adult or an impaired adult; (22) "Resident of a long-term care facility" means a person eighteen (18) years of age or older living in a long-term care facility; (23) "Serious bodily harm" means physical abuse, sexual abuse, physical injury, or serious physical injury; (24) "Serious physical injury" means physical injury to an endangered or an impaired adult that: (A) Creates a substantial risk of death; or (B) Causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ; (25) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101 , with another person who is not the actor's spouse and who is incapable of consent because he or she is mentally defective, mentally incapacitated, or physically helpless; and (26) "Subject of the report" means: (A) The endangered or an impaired adult; (B) The adult's legal guardian; and (C) The offender. Amended by Act 2019, No. 315,§ 718, eff. 7/24/2019. Amended by Act 2017, No. 667,§ 1, eff. 8/1/2017 Amended by Act 2017, No. 579,§ 1, eff. 8/1/2017 Amended by Act 2013, No. 583,§ 1, eff. 8/16/2013 Acts 2005, No. 1811, § 1; 2007, No. 135, § 1; 2007, No. 283, § 1; 2007, No. 497, § 1; 2009, No. 526, § 1; 2011, No. 206, § 1

As used in this chapter:

(1) (A) "Abuse" means with regard to any long-term care facility resident or any person who is at the Arkansas State Hospital an act by a caregiver that falls into any of the following categories: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult, excluding court-ordered medical care or medical care requested by an endangered adult, an impaired adult, or a person who is legally authorized to make a medical decision on behalf of an endangered adult or an impaired adult; (ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care; (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause; or (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. (B) "Abuse" means with regard to any person who is not a long-term care facility resident or at the Arkansas State Hospital: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult; (ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause;

(A) "Abuse" means with regard to any long-term care facility resident or any person who is at the Arkansas State Hospital an act by a caregiver that falls into any of the following categories: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult, excluding court-ordered medical care or medical care requested by an endangered adult, an impaired adult, or a person who is legally authorized to make a medical decision on behalf of an endangered adult or an impaired adult; (ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care; (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause; or (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.

(i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult, excluding court-ordered medical care or medical care requested by an endangered adult, an impaired adult, or a person who is legally authorized to make a medical decision on behalf of an endangered adult or an impaired adult;

(ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care;

(iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause; or

(iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.

(B) "Abuse" means with regard to any person who is not a long-term care facility resident or at the Arkansas State Hospital: (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult; (ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause;

(i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered adult or an impaired adult;

(ii) Any intentional act that a reasonable person would believe subjects an endangered adult or an impaired adult, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or

(iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered adult or an impaired adult except in the course of medical treatment or for justifiable cause;

(2) "Adult maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of an adult;

(3) "Caregiver" means a related person or an unrelated person, an owner, an agent, a high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an endangered adult or an impaired adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the circuit court;

(4) "Custodian" means the Department of Human Services while the department is exercising a seventy-two-hour hold on an endangered or impaired person or during the effective dates of an order granting custody to the department;

(5) "Department" means the Department of Human Services;

(6) "Endangered adult" means: (A) An adult eighteen (18) years of age or older who: (i) Is found to be in a situation or condition that poses a danger to himself or herself; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or (B) An adult resident of a long-term care facility who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to that person; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(A) An adult eighteen (18) years of age or older who: (i) Is found to be in a situation or condition that poses a danger to himself or herself; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(i) Is found to be in a situation or condition that poses a danger to himself or herself; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(B) An adult resident of a long-term care facility who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to that person; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to that person; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(7) "Exploitation" means the: (A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property; (B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another; (C) Fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an endangered or an impaired person or long-term care facility resident for monetary or personal benefit, profit, or gain or that results in depriving the person or resident of rightful access to or use of benefits, resources, belongings, or assets; or (D) Misappropriation of property of a long-term care facility resident;

(A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property;

(B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another;

(C) Fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an endangered or an impaired person or long-term care facility resident for monetary or personal benefit, profit, or gain or that results in depriving the person or resident of rightful access to or use of benefits, resources, belongings, or assets; or

(D) Misappropriation of property of a long-term care facility resident;

(8) (A) "Fiduciary" means a person or entity with the legal responsibility to: (i) Make decisions on behalf of and for the benefit of another person; and (ii) Act in good faith and with fairness. (B) "Fiduciary" includes without limitation a trustee, a guardian, a conservator, an executor, an agent under financial power of attorney or healthcare power of attorney, or a representative payee;

(A) "Fiduciary" means a person or entity with the legal responsibility to: (i) Make decisions on behalf of and for the benefit of another person; and (ii) Act in good faith and with fairness.

(i) Make decisions on behalf of and for the benefit of another person; and

(ii) Act in good faith and with fairness.

(B) "Fiduciary" includes without limitation a trustee, a guardian, a conservator, an executor, an agent under financial power of attorney or healthcare power of attorney, or a representative payee;

(9) "Imminent danger to health or safety" means a situation in which death or serious bodily harm could reasonably be expected to occur without intervention;

(10) (A) "Impaired adult" means a person eighteen (18) years of age or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. (B) For purposes of this chapter, residents of a long-term care facility are presumed to be impaired persons. (C) For purposes of this chapter, a person with a mental impairment does not include a person who is in need of acute psychiatric treatment, chronic mental health treatment, alcohol or drug abuse treatment, or casework supervision by mental health professionals. (D) For purposes of this chapter, an adult who has a representative payee appointed for that adult by the Social Security Administration or other authorized agency is presumed to be an impaired adult in relation to adult maltreatment through financial exploitation;

(A) "Impaired adult" means a person eighteen (18) years of age or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

(B) For purposes of this chapter, residents of a long-term care facility are presumed to be impaired persons.

(C) For purposes of this chapter, a person with a mental impairment does not include a person who is in need of acute psychiatric treatment, chronic mental health treatment, alcohol or drug abuse treatment, or casework supervision by mental health professionals.

(D) For purposes of this chapter, an adult who has a representative payee appointed for that adult by the Social Security Administration or other authorized agency is presumed to be an impaired adult in relation to adult maltreatment through financial exploitation;

(11) "Impairment" means a disability that grossly and chronically diminishes a person's physical or mental ability to live independently or provide self-care as determined through observation, diagnosis, evaluation, or assessment;

(12) (A) "Less-than-custody order" means an emergency order issued by a circuit court of the State of Arkansas on petition or motion of the department that makes specific orders for the protection of an endangered or impaired adult but does not give the department custody over an endangered or impaired adult. (B) A less-than-custody order may specify appropriate safeguards, including without limitation: (i) Prohibiting a legal custodian or guardian of an endangered or impaired adult from having contact with the endangered or impaired adult; (ii) Prohibiting a legal custodian, guardian, or holder of a power of attorney of an endangered or impaired adult from withdrawing funds from one (1) or more accounts of the endangered or impaired adult or otherwise accessing the assets of the endangered or impaired adult; or (iii) Requiring the endangered or impaired adult to accept services as directed by the court;

(A) "Less-than-custody order" means an emergency order issued by a circuit court of the State of Arkansas on petition or motion of the department that makes specific orders for the protection of an endangered or impaired adult but does not give the department custody over an endangered or impaired adult.

(B) A less-than-custody order may specify appropriate safeguards, including without limitation: (i) Prohibiting a legal custodian or guardian of an endangered or impaired adult from having contact with the endangered or impaired adult; (ii) Prohibiting a legal custodian, guardian, or holder of a power of attorney of an endangered or impaired adult from withdrawing funds from one (1) or more accounts of the endangered or impaired adult or otherwise accessing the assets of the endangered or impaired adult; or (iii) Requiring the endangered or impaired adult to accept services as directed by the court;

(i) Prohibiting a legal custodian or guardian of an endangered or impaired adult from having contact with the endangered or impaired adult;

(ii) Prohibiting a legal custodian, guardian, or holder of a power of attorney of an endangered or impaired adult from withdrawing funds from one (1) or more accounts of the endangered or impaired adult or otherwise accessing the assets of the endangered or impaired adult; or

(iii) Requiring the endangered or impaired adult to accept services as directed by the court;

(13) "Long-term care facility" means: (A) A nursing home; (B) A residential care facility; (C) A post-acute head injury retraining and residential facility; (D) An assisted living facility; (E) An intermediate care facility for individuals with developmental disabilities; or (F) Any facility that provides long-term medical or personal care;

(A) A nursing home;

(B) A residential care facility;

(C) A post-acute head injury retraining and residential facility;

(D) An assisted living facility;

(E) An intermediate care facility for individuals with developmental disabilities; or

(F) Any facility that provides long-term medical or personal care;

(14) "Long-term care facility resident" means a person eighteen (18) years of age or older living in a long-term care facility;

(15) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of an adult resident of a long-term care facility;

(16) "Maltreated adult" means an adult who has been abused, exploited, neglected, physically abused, or sexually abused;

(17) "Misappropriation of property of a long-term care facility resident" means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a long-term care facility resident's belongings or money without the long-term care facility resident's consent;

(18) "Neglect" means: (A) An act or omission by an endangered or an impaired adult, for example, self-neglect; or (B) An act or omission by a caregiver responsible for the care and supervision of an endangered or an impaired adult constituting negligent failure to: (i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered or an impaired adult; (ii) Report health problems or changes in health problems or changes in the health condition of an endangered or an impaired adult to the appropriate medical personnel; (iii) Carry out a prescribed treatment plan; or (iv) Provide to an adult resident of a long-term care facility goods or services necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care;

(A) An act or omission by an endangered or an impaired adult, for example, self-neglect; or

(B) An act or omission by a caregiver responsible for the care and supervision of an endangered or an impaired adult constituting negligent failure to: (i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered or an impaired adult; (ii) Report health problems or changes in health problems or changes in the health condition of an endangered or an impaired adult to the appropriate medical personnel; (iii) Carry out a prescribed treatment plan; or (iv) Provide to an adult resident of a long-term care facility goods or services necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care;

(i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered or an impaired adult;

(ii) Report health problems or changes in health problems or changes in the health condition of an endangered or an impaired adult to the appropriate medical personnel;

(iii) Carry out a prescribed treatment plan; or

(iv) Provide to an adult resident of a long-term care facility goods or services necessary to avoid physical harm, mental anguish, or mental illness as defined in rules promulgated by the Office of Long-Term Care;

(19) (A) "Physical injury" means the impairment of a physical condition or the infliction of substantial pain. (B) If the person is an endangered or an impaired adult, there is a presumption that any physical injury resulted in the infliction of substantial pain;

(A) "Physical injury" means the impairment of a physical condition or the infliction of substantial pain.

(B) If the person is an endangered or an impaired adult, there is a presumption that any physical injury resulted in the infliction of substantial pain;

(20) (A) "Protective services" means services to protect an endangered or an impaired adult from: (i) Self-neglect or self-abuse; or (ii) Abuse or neglect by others. (B) "Protective services" may include: (i) Evaluation of the need for services; (ii) Arrangements or referrals for appropriate services available in the community; (iii) Assistance in obtaining financial benefits to which the person is entitled; or (iv) As appropriate, referrals to law enforcement or prosecutors;

(A) "Protective services" means services to protect an endangered or an impaired adult from: (i) Self-neglect or self-abuse; or (ii) Abuse or neglect by others.

(i) Self-neglect or self-abuse; or

(ii) Abuse or neglect by others.

(B) "Protective services" may include: (i) Evaluation of the need for services; (ii) Arrangements or referrals for appropriate services available in the community; (iii) Assistance in obtaining financial benefits to which the person is entitled; or (iv) As appropriate, referrals to law enforcement or prosecutors;

(i) Evaluation of the need for services;

(ii) Arrangements or referrals for appropriate services available in the community;

(iii) Assistance in obtaining financial benefits to which the person is entitled; or

(iv) As appropriate, referrals to law enforcement or prosecutors;

(21) "Relative" means the spouse, child, grandchild, parent, or sibling of an endangered adult or an impaired adult;

(22) "Resident of a long-term care facility" means a person eighteen (18) years of age or older living in a long-term care facility;

(23) "Serious bodily harm" means physical abuse, sexual abuse, physical injury, or serious physical injury;

(24) "Serious physical injury" means physical injury to an endangered or an impaired adult that: (A) Creates a substantial risk of death; or (B) Causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ;

(A) Creates a substantial risk of death; or

(B) Causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ;

(25) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101 , with another person who is not the actor's spouse and who is incapable of consent because he or she is mentally defective, mentally incapacitated, or physically helpless; and

(26) "Subject of the report" means: (A) The endangered or an impaired adult; (B) The adult's legal guardian; and (C) The offender.

(A) The endangered or an impaired adult;

(B) The adult's legal guardian; and

(C) The offender.

Amended by Act 2019, No. 315,§ 718, eff. 7/24/2019.

Amended by Act 2017, No. 667,§ 1, eff. 8/1/2017

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

Amended by Act 2013, No. 583,§ 1, eff. 8/16/2013

Acts 2005, No. 1811, § 1; 2007, No. 135, § 1; 2007, No. 283, § 1; 2007, No. 497, § 1; 2009, No. 526, § 1; 2011, No. 206, § 1
Ark. Code Ann. § 9-9-504 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-504
Registry - Operation
Status: in_force

(a) (1) The adult adoptee and each birth parent and each individual related within the second degree whose identity is to be disclosed may voluntarily place his or her name in the appropriate registry by submitting a notarized affidavit stating his or her name, address, and telephone number and his or her willingness to be identified solely to the other relevant persons who register. (2) No registration shall be accepted until the prospective registrant submits satisfactory proof of his or her identity in accord with rules specified in § 9-9-508 . (3) The failure to file a notarized affidavit with the registry for any reason, except death, shall preclude the disclosure of identifying information to those persons who do register. (b) (1) (A) Upon registering, the registrant shall participate in not less than one (1) hour of counseling with an employee or contractor as designated by the entity that operates the registry. If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry. (B) If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry. (2) When an eligible person registers concerning an adoption that was arranged through an agency that has not merged or otherwise ceased operations, and that same agency is not operating the registry, the entity operating the registry shall notify, by certified mail within ten (10) business days after the date of registration, the agency that handled the adoption. (c) In any case in which the identity of the birth father was unknown to the birth mother, or in which the administrator learns that one (1) or both birth parents are deceased, this information shall be shared with the adult adoptee. In those cases, the adoptee shall not be able to obtain identifying information through the registry, and he or she shall be told of his or her right to pursue whatever right otherwise exists by law to petition a court to release the identifying information. (d) The following shall be matching and disclosure procedures: (1) Each mutual consent voluntary adoption registry shall be operated under the direction of an administrator; (2) The administrator shall be bound by the confidentiality requirements of this subchapter and shall be permitted reasonable access to the registry for the purposes set forth in this subchapter and for such purposes as may be necessary for the proper administration of the registry; (3) A person eligible to register may request the administrator to disclose identifying information by filing an affidavit that sets forth the following: (A) The current name and address of the affiant; (B) Any previous name by which the affiant was known; (C) The original and adopted names, if known, of the adopted child; (D) The place and date of birth of the adopted child; and (E) (i) The name and address of the adoption agency or other entity, organization, or person placing the adopted child, if known. (ii) The affiant shall notify the registry of any change in name or location which occurs subsequent to his or her filing the affidavit. (iii) The registry shall have no duty to search for the affiant who fails to register his or her most recent address; (4) (A) The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adoptee and the birth parents or individuals related within the second degree. (B) The processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the affiants match; (5) The administrator shall determine that there is a match when the adult adoptee and a birth parent or individual related within the second degree have filed affidavits with the mutual consent voluntary adoption registry and have each received the counseling required in subsection (b) of this section; and (6) (A) An agency receiving an assignment of a match under the provisions of this subchapter shall directly or by contract with a licensed adoption agency in this state notify all registrants through a direct and confidential contact. (B) The contact shall be made by an employee or agent of the agency receiving the assignment. (C) The employee or agent shall be a trained social worker who has expertise in postlegal adoption services. (e) (1) Any affidavits filed and other information collected shall be retained for ninety-nine (99) years following the date of registration. (2) Any qualified person may choose to remove his or her name from the registry at any time by filing a notarized affidavit with the registry. (f) (1) A mutual consent voluntary adoption registry shall obtain only information necessary for identifying registrants. (2) In no event shall the registry obtain information of any kind pertaining to the adoptive parents or any siblings to the adult adoptee who are children of the adoptive parents. (g) All costs for establishing and maintaining a mutual consent voluntary adoption registry shall be obtained through users' fees charged to all persons who register. (h) Beginning January 1, 2002, the Department of Human Services shall place the affidavit form for placement on the mutual consent voluntary adoption registry on the department's website. Amended by Act 2023, No. 363,§ 3, eff. 8/1/2023. Acts 1985, No. 957, § 7; A.S.A. 1947, § 56-144; Acts 1987, No. 1060, §§ 5, 6; 2001, No. 409, § 1; 2003, No. 650, § 6; 2011, No. 793, § 1

(a) (1) The adult adoptee and each birth parent and each individual related within the second degree whose identity is to be disclosed may voluntarily place his or her name in the appropriate registry by submitting a notarized affidavit stating his or her name, address, and telephone number and his or her willingness to be identified solely to the other relevant persons who register. (2) No registration shall be accepted until the prospective registrant submits satisfactory proof of his or her identity in accord with rules specified in § 9-9-508 . (3) The failure to file a notarized affidavit with the registry for any reason, except death, shall preclude the disclosure of identifying information to those persons who do register.

(1) The adult adoptee and each birth parent and each individual related within the second degree whose identity is to be disclosed may voluntarily place his or her name in the appropriate registry by submitting a notarized affidavit stating his or her name, address, and telephone number and his or her willingness to be identified solely to the other relevant persons who register.

(2) No registration shall be accepted until the prospective registrant submits satisfactory proof of his or her identity in accord with rules specified in § 9-9-508 .

(3) The failure to file a notarized affidavit with the registry for any reason, except death, shall preclude the disclosure of identifying information to those persons who do register.

(b) (1) (A) Upon registering, the registrant shall participate in not less than one (1) hour of counseling with an employee or contractor as designated by the entity that operates the registry. If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry. (B) If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry. (2) When an eligible person registers concerning an adoption that was arranged through an agency that has not merged or otherwise ceased operations, and that same agency is not operating the registry, the entity operating the registry shall notify, by certified mail within ten (10) business days after the date of registration, the agency that handled the adoption.

(1) (A) Upon registering, the registrant shall participate in not less than one (1) hour of counseling with an employee or contractor as designated by the entity that operates the registry. If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry. (B) If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry.

(A) Upon registering, the registrant shall participate in not less than one (1) hour of counseling with an employee or contractor as designated by the entity that operates the registry. If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry.

(B) If a birth parent or adult adoptee is domiciled outside the state, he or she shall obtain counseling from an employee or contractor as designated by a licensed agency in that other state selected by the entity that operates the registry.

(2) When an eligible person registers concerning an adoption that was arranged through an agency that has not merged or otherwise ceased operations, and that same agency is not operating the registry, the entity operating the registry shall notify, by certified mail within ten (10) business days after the date of registration, the agency that handled the adoption.

(c) In any case in which the identity of the birth father was unknown to the birth mother, or in which the administrator learns that one (1) or both birth parents are deceased, this information shall be shared with the adult adoptee. In those cases, the adoptee shall not be able to obtain identifying information through the registry, and he or she shall be told of his or her right to pursue whatever right otherwise exists by law to petition a court to release the identifying information.

(d) The following shall be matching and disclosure procedures: (1) Each mutual consent voluntary adoption registry shall be operated under the direction of an administrator; (2) The administrator shall be bound by the confidentiality requirements of this subchapter and shall be permitted reasonable access to the registry for the purposes set forth in this subchapter and for such purposes as may be necessary for the proper administration of the registry; (3) A person eligible to register may request the administrator to disclose identifying information by filing an affidavit that sets forth the following: (A) The current name and address of the affiant; (B) Any previous name by which the affiant was known; (C) The original and adopted names, if known, of the adopted child; (D) The place and date of birth of the adopted child; and (E) (i) The name and address of the adoption agency or other entity, organization, or person placing the adopted child, if known. (ii) The affiant shall notify the registry of any change in name or location which occurs subsequent to his or her filing the affidavit. (iii) The registry shall have no duty to search for the affiant who fails to register his or her most recent address; (4) (A) The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adoptee and the birth parents or individuals related within the second degree. (B) The processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the affiants match; (5) The administrator shall determine that there is a match when the adult adoptee and a birth parent or individual related within the second degree have filed affidavits with the mutual consent voluntary adoption registry and have each received the counseling required in subsection (b) of this section; and (6) (A) An agency receiving an assignment of a match under the provisions of this subchapter shall directly or by contract with a licensed adoption agency in this state notify all registrants through a direct and confidential contact. (B) The contact shall be made by an employee or agent of the agency receiving the assignment. (C) The employee or agent shall be a trained social worker who has expertise in postlegal adoption services.

(1) Each mutual consent voluntary adoption registry shall be operated under the direction of an administrator;

(2) The administrator shall be bound by the confidentiality requirements of this subchapter and shall be permitted reasonable access to the registry for the purposes set forth in this subchapter and for such purposes as may be necessary for the proper administration of the registry;

(3) A person eligible to register may request the administrator to disclose identifying information by filing an affidavit that sets forth the following: (A) The current name and address of the affiant; (B) Any previous name by which the affiant was known; (C) The original and adopted names, if known, of the adopted child; (D) The place and date of birth of the adopted child; and (E) (i) The name and address of the adoption agency or other entity, organization, or person placing the adopted child, if known. (ii) The affiant shall notify the registry of any change in name or location which occurs subsequent to his or her filing the affidavit. (iii) The registry shall have no duty to search for the affiant who fails to register his or her most recent address;

(A) The current name and address of the affiant;

(B) Any previous name by which the affiant was known;

(C) The original and adopted names, if known, of the adopted child;

(D) The place and date of birth of the adopted child; and

(E) (i) The name and address of the adoption agency or other entity, organization, or person placing the adopted child, if known. (ii) The affiant shall notify the registry of any change in name or location which occurs subsequent to his or her filing the affidavit. (iii) The registry shall have no duty to search for the affiant who fails to register his or her most recent address;

(i) The name and address of the adoption agency or other entity, organization, or person placing the adopted child, if known.

(ii) The affiant shall notify the registry of any change in name or location which occurs subsequent to his or her filing the affidavit.

(iii) The registry shall have no duty to search for the affiant who fails to register his or her most recent address;

(4) (A) The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adoptee and the birth parents or individuals related within the second degree. (B) The processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the affiants match;

(A) The administrator of the mutual consent voluntary adoption registry shall process each affidavit in an attempt to match the adult adoptee and the birth parents or individuals related within the second degree.

(B) The processing shall include research from agency records, when available, and when agency records are not available, research from court records to determine conclusively whether the affiants match;

(5) The administrator shall determine that there is a match when the adult adoptee and a birth parent or individual related within the second degree have filed affidavits with the mutual consent voluntary adoption registry and have each received the counseling required in subsection (b) of this section; and

(6) (A) An agency receiving an assignment of a match under the provisions of this subchapter shall directly or by contract with a licensed adoption agency in this state notify all registrants through a direct and confidential contact. (B) The contact shall be made by an employee or agent of the agency receiving the assignment. (C) The employee or agent shall be a trained social worker who has expertise in postlegal adoption services.

(A) An agency receiving an assignment of a match under the provisions of this subchapter shall directly or by contract with a licensed adoption agency in this state notify all registrants through a direct and confidential contact.

(B) The contact shall be made by an employee or agent of the agency receiving the assignment.

(C) The employee or agent shall be a trained social worker who has expertise in postlegal adoption services.

(e) (1) Any affidavits filed and other information collected shall be retained for ninety-nine (99) years following the date of registration. (2) Any qualified person may choose to remove his or her name from the registry at any time by filing a notarized affidavit with the registry.

(1) Any affidavits filed and other information collected shall be retained for ninety-nine (99) years following the date of registration.

(2) Any qualified person may choose to remove his or her name from the registry at any time by filing a notarized affidavit with the registry.

(f) (1) A mutual consent voluntary adoption registry shall obtain only information necessary for identifying registrants. (2) In no event shall the registry obtain information of any kind pertaining to the adoptive parents or any siblings to the adult adoptee who are children of the adoptive parents.

(1) A mutual consent voluntary adoption registry shall obtain only information necessary for identifying registrants.

(2) In no event shall the registry obtain information of any kind pertaining to the adoptive parents or any siblings to the adult adoptee who are children of the adoptive parents.

(g) All costs for establishing and maintaining a mutual consent voluntary adoption registry shall be obtained through users' fees charged to all persons who register.

(h) Beginning January 1, 2002, the Department of Human Services shall place the affidavit form for placement on the mutual consent voluntary adoption registry on the department's website.

Amended by Act 2023, No. 363,§ 3, eff. 8/1/2023.

Acts 1985, No. 957, § 7; A.S.A. 1947, § 56-144; Acts 1987, No. 1060, §§ 5, 6; 2001, No. 409, § 1; 2003, No. 650, § 6; 2011, No. 793, § 1
Ark. Code Ann. § 9-9-211 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-211
Report of petitioner's expenditures
Status: in_force

(a) Except as specified in subsection (b) of this section, the petitioner, in any proceeding for the adoption of a minor, shall file, before the petition is heard, a full accounting report in a manner acceptable to the court of all disbursements of anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption. The petitioner shall file a sworn affidavit showing any expenses incurred in connection with: (1) The birth of the minor; (2) Placement of the minor with petitioner; (3) Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; (4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner, either natural parent of the minor, or any other person; and (5) Fees charged by all attorneys involved in the adoption, including those fees charged by out-of-state attorneys. (b) This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child, or to an adoption where the person to be adopted is an adult, or where the petitioner and the minor are related to each other in the second degree. (c) The petitioner shall file a signed, sworn affidavit verifying that all expenses as required by this section have been truthfully listed and shall be informed by the court as to the consequences of knowingly making false material statements. (d) A full accounting report required under subsection (a) of this section shall include: (1) The amounts paid; (2) An itemization of expenses listed in § 9-9-206(c) ; and (3) The time periods during which each reimbursement or benefit has been paid or will be paid. (e) (1) A parent or guardian whose consent to adoption is required under this subchapter and who receives reimbursement for an expense incurred or a fee for services rendered incidental to prenatal, delivery, and postnatal care shall file: (A) A full accounting report of anything of value that has been or will be received from the petitioner or a third party acting on behalf of the petitioner in connection with the adoption; and (B) An affidavit verifying the full accounting report. (2) A full accounting report required under subdivision (e)(1) of this section shall include: (A) The amounts paid; (B) An itemization of expenses listed in § 9-9-206(c) ; and (C) The time periods during which each reimbursement or benefit has been paid or will be paid. Amended by Act 2021, No. 599,§ 2, eff. 7/28/2021. Acts 1977, No. 735, § 11; 1985, No. 107, § 1; A.S.A. 1947, § 56-211

(a) Except as specified in subsection (b) of this section, the petitioner, in any proceeding for the adoption of a minor, shall file, before the petition is heard, a full accounting report in a manner acceptable to the court of all disbursements of anything of value made or agreed to be made by or on behalf of the petitioner in connection with the adoption. The petitioner shall file a sworn affidavit showing any expenses incurred in connection with: (1) The birth of the minor; (2) Placement of the minor with petitioner; (3) Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement; (4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner, either natural parent of the minor, or any other person; and (5) Fees charged by all attorneys involved in the adoption, including those fees charged by out-of-state attorneys.

(1) The birth of the minor;

(2) Placement of the minor with petitioner;

(3) Medical or hospital care received by the mother or by the minor during the mother's prenatal care and confinement;

(4) Services relating to the adoption or to the placement of the minor for adoption which were received by or on behalf of the petitioner, either natural parent of the minor, or any other person; and

(5) Fees charged by all attorneys involved in the adoption, including those fees charged by out-of-state attorneys.

(b) This section does not apply to an adoption by a stepparent whose spouse is a natural or adoptive parent of the child, or to an adoption where the person to be adopted is an adult, or where the petitioner and the minor are related to each other in the second degree.

(c) The petitioner shall file a signed, sworn affidavit verifying that all expenses as required by this section have been truthfully listed and shall be informed by the court as to the consequences of knowingly making false material statements.

(d) A full accounting report required under subsection (a) of this section shall include: (1) The amounts paid; (2) An itemization of expenses listed in § 9-9-206(c) ; and (3) The time periods during which each reimbursement or benefit has been paid or will be paid.

(1) The amounts paid;

(2) An itemization of expenses listed in § 9-9-206(c) ; and

(3) The time periods during which each reimbursement or benefit has been paid or will be paid.

(e) (1) A parent or guardian whose consent to adoption is required under this subchapter and who receives reimbursement for an expense incurred or a fee for services rendered incidental to prenatal, delivery, and postnatal care shall file: (A) A full accounting report of anything of value that has been or will be received from the petitioner or a third party acting on behalf of the petitioner in connection with the adoption; and (B) An affidavit verifying the full accounting report. (2) A full accounting report required under subdivision (e)(1) of this section shall include: (A) The amounts paid; (B) An itemization of expenses listed in § 9-9-206(c) ; and (C) The time periods during which each reimbursement or benefit has been paid or will be paid.

(1) A parent or guardian whose consent to adoption is required under this subchapter and who receives reimbursement for an expense incurred or a fee for services rendered incidental to prenatal, delivery, and postnatal care shall file: (A) A full accounting report of anything of value that has been or will be received from the petitioner or a third party acting on behalf of the petitioner in connection with the adoption; and (B) An affidavit verifying the full accounting report.

(A) A full accounting report of anything of value that has been or will be received from the petitioner or a third party acting on behalf of the petitioner in connection with the adoption; and

(B) An affidavit verifying the full accounting report.

(2) A full accounting report required under subdivision (e)(1) of this section shall include: (A) The amounts paid; (B) An itemization of expenses listed in § 9-9-206(c) ; and (C) The time periods during which each reimbursement or benefit has been paid or will be paid.

(A) The amounts paid;

(B) An itemization of expenses listed in § 9-9-206(c) ; and

(C) The time periods during which each reimbursement or benefit has been paid or will be paid.

Amended by Act 2021, No. 599,§ 2, eff. 7/28/2021.

Acts 1977, No. 735, § 11; 1985, No. 107, § 1; A.S.A. 1947, § 56-211
Ark. Code Ann. § 9-11-102 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-102
Minimum age - Parental or guardian consent - Definition
Status: in_force

(a) Every male who is at least eighteen (18) years of age and every female who is at least eighteen (18) years of age shall be capable in law of contracting marriage. (b) (1) However, a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years may contract marriage as provided under this subsection. (2) As used in this subsection, "contracting party" means a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years. (3) Before a marriage license may be issued under this subsection, a contracting party shall furnish the clerk with a verified affidavit signed in the presence of a notary public that states that the parent or parents or guardian of the contracting party consents to the marriage. (4) The consent of both parents of a contracting party is necessary unless: (A) The parents have been divorced and custody of the contracting party has been awarded to one (1) of the parents exclusive of the other; (B) The custody of the contracting party has been surrendered by one (1) of the parents through abandonment or desertion, in which case the consent of the parent who has custody of the contracting party is sufficient; or (C) A guardian has been appointed for the contracting party, in which case the consent of the guardian of the contracting party is sufficient. (5) The consent of the parent or guardian may be voided by the order of a circuit court on a showing by clear and convincing evidence that: (A) The parent or guardian is not fit to make decisions concerning the contracting party; and (B) The marriage is not in the contracting party's best interest. (6) There shall be a waiting period of five (5) business days for a marriage license issued under this subsection. (7) If a contracting party has a pending case in a circuit court, a parent or guardian who files consent under this subsection shall immediately notify the circuit court and all parties and attorneys to the pending case. Amended by Act 2021, No. 470,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 849,§ 1, eff. 7/24/2019. Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 1; 2008 (1st Ex. Sess.), No. 3, § 1; 2009, No. 956, § 4

(a) Every male who is at least eighteen (18) years of age and every female who is at least eighteen (18) years of age shall be capable in law of contracting marriage.

(b) (1) However, a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years may contract marriage as provided under this subsection. (2) As used in this subsection, "contracting party" means a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years. (3) Before a marriage license may be issued under this subsection, a contracting party shall furnish the clerk with a verified affidavit signed in the presence of a notary public that states that the parent or parents or guardian of the contracting party consents to the marriage. (4) The consent of both parents of a contracting party is necessary unless: (A) The parents have been divorced and custody of the contracting party has been awarded to one (1) of the parents exclusive of the other; (B) The custody of the contracting party has been surrendered by one (1) of the parents through abandonment or desertion, in which case the consent of the parent who has custody of the contracting party is sufficient; or (C) A guardian has been appointed for the contracting party, in which case the consent of the guardian of the contracting party is sufficient. (5) The consent of the parent or guardian may be voided by the order of a circuit court on a showing by clear and convincing evidence that: (A) The parent or guardian is not fit to make decisions concerning the contracting party; and (B) The marriage is not in the contracting party's best interest. (6) There shall be a waiting period of five (5) business days for a marriage license issued under this subsection. (7) If a contracting party has a pending case in a circuit court, a parent or guardian who files consent under this subsection shall immediately notify the circuit court and all parties and attorneys to the pending case.

(1) However, a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years may contract marriage as provided under this subsection.

(2) As used in this subsection, "contracting party" means a male or female who is at least seventeen (17) years of age but under the age of eighteen (18) years.

(3) Before a marriage license may be issued under this subsection, a contracting party shall furnish the clerk with a verified affidavit signed in the presence of a notary public that states that the parent or parents or guardian of the contracting party consents to the marriage.

(4) The consent of both parents of a contracting party is necessary unless: (A) The parents have been divorced and custody of the contracting party has been awarded to one (1) of the parents exclusive of the other; (B) The custody of the contracting party has been surrendered by one (1) of the parents through abandonment or desertion, in which case the consent of the parent who has custody of the contracting party is sufficient; or (C) A guardian has been appointed for the contracting party, in which case the consent of the guardian of the contracting party is sufficient.

(A) The parents have been divorced and custody of the contracting party has been awarded to one (1) of the parents exclusive of the other;

(B) The custody of the contracting party has been surrendered by one (1) of the parents through abandonment or desertion, in which case the consent of the parent who has custody of the contracting party is sufficient; or

(C) A guardian has been appointed for the contracting party, in which case the consent of the guardian of the contracting party is sufficient.

(5) The consent of the parent or guardian may be voided by the order of a circuit court on a showing by clear and convincing evidence that: (A) The parent or guardian is not fit to make decisions concerning the contracting party; and (B) The marriage is not in the contracting party's best interest.

(A) The parent or guardian is not fit to make decisions concerning the contracting party; and

(B) The marriage is not in the contracting party's best interest.

(6) There shall be a waiting period of five (5) business days for a marriage license issued under this subsection.

(7) If a contracting party has a pending case in a circuit court, a parent or guardian who files consent under this subsection shall immediately notify the circuit court and all parties and attorneys to the pending case.

Amended by Act 2021, No. 470,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 849,§ 1, eff. 7/24/2019.

Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 1; 2008 (1st Ex. Sess.), No. 3, § 1; 2009, No. 956, § 4
Ark. Code Ann. § 9-9-404 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-404
Administration - Funding
Status: in_force

(a) The Department of Human Services shall establish and administer an ongoing program of subsidized adoption by persons who are determined by the department to be eligible to adopt under this subchapter. (b) Subsidies and services for children under this program shall be provided out of funds appropriated to the department for the maintenance of children in foster care or made available to it from other sources. Acts 1979, No. 1109, § 3; A.S.A. 1947, § 56-132; Acts 2005, No. 437, § 8; 2011, No. 607, § 5

(a) The Department of Human Services shall establish and administer an ongoing program of subsidized adoption by persons who are determined by the department to be eligible to adopt under this subchapter.

(b) Subsidies and services for children under this program shall be provided out of funds appropriated to the department for the maintenance of children in foster care or made available to it from other sources.

Acts 1979, No. 1109, § 3; A.S.A. 1947, § 56-132; Acts 2005, No. 437, § 8; 2011, No. 607, § 5
Ark. Code Ann. § 9-9-203 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-203
Who may be adopted
Status: in_force

Any individual may be adopted. Acts 1977, No. 735, § 3; A.S.A. 1947, § 56-203

Any individual may be adopted.

Acts 1977, No. 735, § 3; A.S.A. 1947, § 56-203
Ark. Code Ann. § 9-14-107 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-107
Change in income warranting modification - Definition
Status: in_force

(a) (1) A change in the gross income of the payor or payee parent in an amount equal to or more than twenty percent (20%) shall constitute a material change of circumstances sufficient to petition the court for modification of child support. (2) (A) (i) Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to: (a) (1) The other parent or the physical custodian of the minor child. (2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and (b) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable. (ii) Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days. (B) If the parent receiving the request fails to provide proof of income as directed by the court or fails to respond to a written request for proof of income, the parent receiving the request may be subject to contempt of court. (C) If a parent requesting information or the office has to petition the court to obtain the information, the parent requesting information or the office may be entitled to recover costs and a reasonable attorney's fee. (D) Once notified of a material change in circumstances sufficient to petition for modification and when applicable, the office shall file a motion within thirty (30) days for modification of child support. (E) (i) All income information received by the office shall be used only as permitted and required by law. (ii) All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only. (3) (A) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (B) As used in subdivision (a)(3)(A) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing. (b) A change in a parent's ability to provide health insurance may constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart. (c) (1) The office shall, at least one (1) time every three (3) years, without regard to a material change of circumstances, review cases in its enforcement caseload in which there has been an assignment under Title IV-A of the Social Security Act or upon the request of either parent or the physical custodian of the minor child and petition for adjustment if appropriate. (2) An inconsistency between the existing child support award and the amount of child support that results from application of the family support chart shall constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart after appropriate deductions unless: (A) The inconsistency does not meet a reasonable quantitative standard established by the State of Arkansas in accordance with subsection (a) of this section; (B) The inconsistency is due to the fact that the amount of the current child support award resulted from a rebuttal of the guideline amount and there has not been a change of circumstances that resulted in the rebuttal of the guideline amount; or (C) The inconsistency is due solely to a revision of the family support chart. (d) Any modification of a child support order shall be effective as of the date of service on the other party of the file-marked notice of a motion for increase or decrease in child support unless otherwise ordered by the court. (e) When a person is ordered by a court of record to pay for the support of his or her minor child, the court, at the time an order of support is made or any time thereafter, upon a showing of good cause, may order periodic drafts of his or her accounts at a financial institution to deduct moneys due or payable for child support in amounts the court may find to be necessary to comply with its order for the support of the minor child. Amended by Act 2021, No. 927,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 904,§ 5, eff. 1/1/2020. Amended by Act 2019, No. 904,§ 4, eff. 1/1/2020. Amended by Act 2015, No. 565,§ 2, eff. 7/22/2015 Acts 1991, No. 367, §§ 1, 2; 1993, No. 1242, § 12; 1995, No. 1184, § 39; 1997, No. 1296, § 15; 2001, No. 1248, § 4; 2003, No. 337, § 1; 2005, No. 1962, § 19; 2007, No. 713, § 1; 2009, No. 551, §§ 1, 2

(a) (1) A change in the gross income of the payor or payee parent in an amount equal to or more than twenty percent (20%) shall constitute a material change of circumstances sufficient to petition the court for modification of child support. (2) (A) (i) Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to: (a) (1) The other parent or the physical custodian of the minor child. (2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and (b) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable. (ii) Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days. (B) If the parent receiving the request fails to provide proof of income as directed by the court or fails to respond to a written request for proof of income, the parent receiving the request may be subject to contempt of court. (C) If a parent requesting information or the office has to petition the court to obtain the information, the parent requesting information or the office may be entitled to recover costs and a reasonable attorney's fee. (D) Once notified of a material change in circumstances sufficient to petition for modification and when applicable, the office shall file a motion within thirty (30) days for modification of child support. (E) (i) All income information received by the office shall be used only as permitted and required by law. (ii) All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only. (3) (A) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (B) As used in subdivision (a)(3)(A) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing.

(1) A change in the gross income of the payor or payee parent in an amount equal to or more than twenty percent (20%) shall constitute a material change of circumstances sufficient to petition the court for modification of child support.

(2) (A) (i) Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to: (a) (1) The other parent or the physical custodian of the minor child. (2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and (b) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable. (ii) Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days. (B) If the parent receiving the request fails to provide proof of income as directed by the court or fails to respond to a written request for proof of income, the parent receiving the request may be subject to contempt of court. (C) If a parent requesting information or the office has to petition the court to obtain the information, the parent requesting information or the office may be entitled to recover costs and a reasonable attorney's fee. (D) Once notified of a material change in circumstances sufficient to petition for modification and when applicable, the office shall file a motion within thirty (30) days for modification of child support. (E) (i) All income information received by the office shall be used only as permitted and required by law. (ii) All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only.

(A) (i) Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to: (a) (1) The other parent or the physical custodian of the minor child. (2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and (b) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable. (ii) Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days.

(i) Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to: (a) (1) The other parent or the physical custodian of the minor child. (2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and (b) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable.

(a) (1) The other parent or the physical custodian of the minor child. (2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and

(1) The other parent or the physical custodian of the minor child.

(2) The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and

(b) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable.

(ii) Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days.

(B) If the parent receiving the request fails to provide proof of income as directed by the court or fails to respond to a written request for proof of income, the parent receiving the request may be subject to contempt of court.

(C) If a parent requesting information or the office has to petition the court to obtain the information, the parent requesting information or the office may be entitled to recover costs and a reasonable attorney's fee.

(D) Once notified of a material change in circumstances sufficient to petition for modification and when applicable, the office shall file a motion within thirty (30) days for modification of child support.

(E) (i) All income information received by the office shall be used only as permitted and required by law. (ii) All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only.

(i) All income information received by the office shall be used only as permitted and required by law.

(ii) All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only.

(3) (A) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review. (B) As used in subdivision (a)(3)(A) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing.

(A) The incarceration of a parent shall not be treated as voluntary unemployment for purposes of determining a reasonable amount of support either initially or upon review.

(B) As used in subdivision (a)(3)(A) of this section, "incarceration" means a conviction that results in a sentence of confinement to a local jail, state or federal correctional facility, or state psychiatric hospital for at least one hundred eighty (180) days, excluding credit for time served before sentencing.

(b) A change in a parent's ability to provide health insurance may constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart.

(c) (1) The office shall, at least one (1) time every three (3) years, without regard to a material change of circumstances, review cases in its enforcement caseload in which there has been an assignment under Title IV-A of the Social Security Act or upon the request of either parent or the physical custodian of the minor child and petition for adjustment if appropriate. (2) An inconsistency between the existing child support award and the amount of child support that results from application of the family support chart shall constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart after appropriate deductions unless: (A) The inconsistency does not meet a reasonable quantitative standard established by the State of Arkansas in accordance with subsection (a) of this section; (B) The inconsistency is due to the fact that the amount of the current child support award resulted from a rebuttal of the guideline amount and there has not been a change of circumstances that resulted in the rebuttal of the guideline amount; or (C) The inconsistency is due solely to a revision of the family support chart.

(1) The office shall, at least one (1) time every three (3) years, without regard to a material change of circumstances, review cases in its enforcement caseload in which there has been an assignment under Title IV-A of the Social Security Act or upon the request of either parent or the physical custodian of the minor child and petition for adjustment if appropriate.

(2) An inconsistency between the existing child support award and the amount of child support that results from application of the family support chart shall constitute a material change of circumstances sufficient to petition the court for modification of child support according to the family support chart after appropriate deductions unless: (A) The inconsistency does not meet a reasonable quantitative standard established by the State of Arkansas in accordance with subsection (a) of this section; (B) The inconsistency is due to the fact that the amount of the current child support award resulted from a rebuttal of the guideline amount and there has not been a change of circumstances that resulted in the rebuttal of the guideline amount; or (C) The inconsistency is due solely to a revision of the family support chart.

(A) The inconsistency does not meet a reasonable quantitative standard established by the State of Arkansas in accordance with subsection (a) of this section;

(B) The inconsistency is due to the fact that the amount of the current child support award resulted from a rebuttal of the guideline amount and there has not been a change of circumstances that resulted in the rebuttal of the guideline amount; or

(C) The inconsistency is due solely to a revision of the family support chart.

(d) Any modification of a child support order shall be effective as of the date of service on the other party of the file-marked notice of a motion for increase or decrease in child support unless otherwise ordered by the court.

(e) When a person is ordered by a court of record to pay for the support of his or her minor child, the court, at the time an order of support is made or any time thereafter, upon a showing of good cause, may order periodic drafts of his or her accounts at a financial institution to deduct moneys due or payable for child support in amounts the court may find to be necessary to comply with its order for the support of the minor child.

Amended by Act 2021, No. 927,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 904,§ 5, eff. 1/1/2020.

Amended by Act 2019, No. 904,§ 4, eff. 1/1/2020.

Amended by Act 2015, No. 565,§ 2, eff. 7/22/2015

Acts 1991, No. 367, §§ 1, 2; 1993, No. 1242, § 12; 1995, No. 1184, § 39; 1997, No. 1296, § 15; 2001, No. 1248, § 4; 2003, No. 337, § 1; 2005, No. 1962, § 19; 2007, No. 713, § 1; 2009, No. 551, §§ 1, 2
Ark. Code Ann. § 9-20-124 — AR Code / Title 9 / Chapter 20 / Section 9-20-124
Consideration of issues requiring court approval
Status: in_force

(a) The Department of Human Services shall: (1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court; (2) (A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1) -(3), (9), and (10). (B) The affidavit shall: (i) Describe the medical need or appropriateness for the action requested; (ii) Include information on the diagnosis, prognosis, and treatment of the respondent; (iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent; (iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and (v) Include the name and contact information of the attending physician of the respondent; and (3) Serve a copy of the motion and affidavit on the attorney for the respondent within twenty-four (24) hours from the time of filing. (b) (1) The court shall: (A) (i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed. (ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order. (iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame; (B) (i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing. (ii) If a hearing is not conducted, the court shall enter a decision on the motion requesting court approval within three (3) business days from the date on which a motion requesting court approval is filed; (C) Grant a motion requesting court approval that does not include an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that granting the request is in the best interest of the respondent; and (D) Grant a motion requesting court approval that includes an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that: (i) Granting the request is in the best interest of the respondent; (ii) The attending physician of the respondent is requesting the medical action or inaction; (iii) The evidence supports the need for the requested medical action or inaction; and (iv) The respondent did not express an intent to oppose the medical action or inaction before losing the capacity to make his or her own medical decisions. (2) The court may allow the attending physician of the respondent or another witness to testify by telephone or another medium as permitted by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure. Added by Act 2019, No. 326,§ 3, eff. 7/24/2019.

(a) The Department of Human Services shall: (1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court; (2) (A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1) -(3), (9), and (10). (B) The affidavit shall: (i) Describe the medical need or appropriateness for the action requested; (ii) Include information on the diagnosis, prognosis, and treatment of the respondent; (iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent; (iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and (v) Include the name and contact information of the attending physician of the respondent; and (3) Serve a copy of the motion and affidavit on the attorney for the respondent within twenty-four (24) hours from the time of filing.

(1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court;

(2) (A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1) -(3), (9), and (10). (B) The affidavit shall: (i) Describe the medical need or appropriateness for the action requested; (ii) Include information on the diagnosis, prognosis, and treatment of the respondent; (iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent; (iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and (v) Include the name and contact information of the attending physician of the respondent; and

(A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1) -(3), (9), and (10).

(B) The affidavit shall: (i) Describe the medical need or appropriateness for the action requested; (ii) Include information on the diagnosis, prognosis, and treatment of the respondent; (iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent; (iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and (v) Include the name and contact information of the attending physician of the respondent; and

(i) Describe the medical need or appropriateness for the action requested;

(ii) Include information on the diagnosis, prognosis, and treatment of the respondent;

(iii) Include information on any possible consequences that may occur if treatment is withheld from the respondent;

(iv) Include information on whether treatment of the respondent only prolongs the respondent's health; and

(v) Include the name and contact information of the attending physician of the respondent; and

(3) Serve a copy of the motion and affidavit on the attorney for the respondent within twenty-four (24) hours from the time of filing.

(b) (1) The court shall: (A) (i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed. (ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order. (iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame; (B) (i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing. (ii) If a hearing is not conducted, the court shall enter a decision on the motion requesting court approval within three (3) business days from the date on which a motion requesting court approval is filed; (C) Grant a motion requesting court approval that does not include an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that granting the request is in the best interest of the respondent; and (D) Grant a motion requesting court approval that includes an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that: (i) Granting the request is in the best interest of the respondent; (ii) The attending physician of the respondent is requesting the medical action or inaction; (iii) The evidence supports the need for the requested medical action or inaction; and (iv) The respondent did not express an intent to oppose the medical action or inaction before losing the capacity to make his or her own medical decisions. (2) The court may allow the attending physician of the respondent or another witness to testify by telephone or another medium as permitted by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure.

(1) The court shall: (A) (i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed. (ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order. (iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame; (B) (i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing. (ii) If a hearing is not conducted, the court shall enter a decision on the motion requesting court approval within three (3) business days from the date on which a motion requesting court approval is filed; (C) Grant a motion requesting court approval that does not include an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that granting the request is in the best interest of the respondent; and (D) Grant a motion requesting court approval that includes an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that: (i) Granting the request is in the best interest of the respondent; (ii) The attending physician of the respondent is requesting the medical action or inaction; (iii) The evidence supports the need for the requested medical action or inaction; and (iv) The respondent did not express an intent to oppose the medical action or inaction before losing the capacity to make his or her own medical decisions.

(A) (i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed. (ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order. (iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame;

(i) Conduct a hearing within three (3) business days from the date on which a motion requesting court approval is filed.

(ii) A hearing is not required if counsel for both parties agree to waive the hearing or if an emergency exists for entry of an order.

(iii) The court shall allow a motion filed under this section to be heard on transfer by another division of the circuit court in order to ensure that a hearing conducted under subdivision (b)(1)(A)(i) of this section is heard within the required time frame;

(B) (i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing. (ii) If a hearing is not conducted, the court shall enter a decision on the motion requesting court approval within three (3) business days from the date on which a motion requesting court approval is filed;

(i) Enter a decision on the motion requesting court approval within three (3) business days from the date of the hearing.

(ii) If a hearing is not conducted, the court shall enter a decision on the motion requesting court approval within three (3) business days from the date on which a motion requesting court approval is filed;

(C) Grant a motion requesting court approval that does not include an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that granting the request is in the best interest of the respondent; and

(D) Grant a motion requesting court approval that includes an affidavit from the attending physician of the respondent if the court finds by clear and convincing evidence that: (i) Granting the request is in the best interest of the respondent; (ii) The attending physician of the respondent is requesting the medical action or inaction; (iii) The evidence supports the need for the requested medical action or inaction; and (iv) The respondent did not express an intent to oppose the medical action or inaction before losing the capacity to make his or her own medical decisions.

(i) Granting the request is in the best interest of the respondent;

(ii) The attending physician of the respondent is requesting the medical action or inaction;

(iii) The evidence supports the need for the requested medical action or inaction; and

(iv) The respondent did not express an intent to oppose the medical action or inaction before losing the capacity to make his or her own medical decisions.

(2) The court may allow the attending physician of the respondent or another witness to testify by telephone or another medium as permitted by the Arkansas Rules of Evidence or the Arkansas Rules of Civil Procedure.

Added by Act 2019, No. 326,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 9-28-203 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-203
Division of Youth Services - Powers and duties
Status: in_force

(a) The Division of Youth Services shall perform the following functions and have the authority and responsibility to: (1) Coordinate communication among the various components of the juvenile justice system; (2) Oversee reform of the state's juvenile justice system, review the quality and consistency of reforms and reform proposals, and monitor youth and family outcomes related to reforms; (3) Provide services to delinquent and families-in-need-of-services youths; (4) Conduct research into the causes, nature, and treatment of juvenile delinquency and related problems; (5) Develop programs for early intervention and prevention of juvenile delinquency; (6) Maintain information files on juvenile delinquents in the state; (7) Develop effective community-based alternatives to confinement, incarceration, and commitment of youths; (8) Actively pursue the maximization of federal funding for juvenile delinquency and related programs; (9) Evaluate the effectiveness and efficiency of the programs and services offered by the Division of Youth Services and recommend changes to the Governor; (10) Provide a system of education in residential facilities operated by the Division of Youth Services that conforms to the guidelines established by the Division of Elementary and Secondary Education and as set forth in § 9-28-205 ; (11) Develop a reinvestment plan to redirect savings realized from reductions in the number of secure out-of-home placements under § 9-28-1203 ; (12) Develop a collaborative information-sharing system among the Department of Human Services, the Administrative Office of the Courts, and other stakeholders; and (13) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as necessary to carry out the purposes and intent of this subchapter. (b) In addition to other duties enumerated in this subchapter, the Division of Youth Services shall provide services as follows: (1) The Civilian Student Training Program shall provide services to youths that shall consist of, but not be limited to, school reintegration, counseling, tutoring, job placement counseling, corrective behavior skill counseling, and training; (2) (A) Case management services shall include, but not be limited to: (i) Making placement recommendations to court authorities; and (ii) Arrangement, coordination, and monitoring of services for a juvenile. (B) These services may be acquired by agreement with community providers, other agencies, or individuals as necessary; (3) (A) Client-specific services shall consist of, but not be limited to: (i) Independent living, tracker, or proctor services; (ii) Family or individual therapy; and (iii) Individualized treatment or supportive care services. (B) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services; (4) (A) Reduction-in-commitment services shall include services to address public safety, supervision, and rehabilitative needs of youths who may otherwise be detained, incarcerated, or committed to the Division of Youth Services. (B) Reduction-in-commitment services may include without limitation: (i) Electronic monitoring; (ii) Family or individual therapy; (iii) Day treatment services; (iv) Residential or outpatient mental health counseling, sex offender counseling, or substance abuse counseling; (v) Parenting classes for youths or custodians; (vi) Respite care; and (vii) Emergency shelter services. (C) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services. (D) [Repealed.]; (5) (A) Serious offender programs for youths charged with violent offenses shall consist of appropriate residential treatment programs at any of the youth services centers or facilities. (B) Serious offender programs or community-based programs may be acquired by agreements with entities or agencies deemed appropriate and capable of providing such services; (6) Less restrictive community-based programs selected by the Director of the Division of Youth Services for youths not deemed at risk of performing violent offenses; (7) (A) Observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of low-risk and medium-risk juveniles. (B) Observation and assessment services may be acquired by agreements with community providers or other agencies or individuals deemed to have the appropriate level of expertise to perform observation and assessment or diagnosis and evaluation. (C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measureable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ; (8) (A) Residential observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of high-risk juveniles. (B) Residential observation and assessment services may be performed by or at appropriate state-operated facilities or by agreement with appropriate agencies or individuals deemed to have the appropriate level of expertise to perform residential observation and assessment or diagnosis and evaluation. (C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measurable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ; (9) (A) (i) Community-based alternative basic services shall consist of, but not be limited to, prevention, intervention, casework, treatment, counseling, observation and assessment, case management, and residential services. (ii) Community-based alternative basic services shall be provided through a treatment model that is evidence-based, developmentally appropriate, family-centered, strength-based, and trauma-informed. (iii) Primary goals for community-based alternative basic services shall be the prevention of youths from entering the juvenile justice system and the provision of professional, community-based, least-cost services to youths. (B) These services may be acquired by agreements with comprehensive community-based providers capable of delivering the required continuum of services; (10) (A) Expanded services may consist of, but not be limited to: (i) Expansion of existing programs; (ii) Specific programs for alcohol, drug, or sex offenders; (iii) Special therapeutic treatment programs or client-specific services in which a consistent population has been defined as in need of multidiscipline care and services; (iv) Expansion of proven, effective, early intervention and prevention program activities; and (v) Restoration of previously proven effective interventions that prevent incarceration. (B) Utilization of funds appropriated for expanded services shall be as directed by the director; and (11) The Division of Youth Services shall provide monitoring and technical assistance to review the quality and consistency of reforms to the juvenile justice system. (c) The Division of Youth Services shall pursue the maximization of federal funds to benefit the youth of Arkansas. (d) (1) The Division of Youth Services shall promulgate rules as necessary to administer this subchapter. (2) The rules shall be reviewed by the Senate Interim Committee on Children and Youth or any appropriate legislative committee during legislative sessions. (e) (1) The Division of Youth Services may use the administrative operating account for capital improvements to the physical plant and the purchase of capital equipment by the Mansfield Juvenile Treatment Center operated by the Division of Youth Services. (2) The harvesting of timber is specifically authorized to provide funds: (A) To finance capital improvements to the physical plant; and (B) For the purchase of major capital equipment by the center from which the timber is sold. (3) (A) The Division of Youth Services shall hold funds from the proceeds of the sale of timber harvested from land owned by the Division of Youth Services separately from other Division of Youth Services funds. (B) All funds deposited from timber sales and all expenses paid through timber sales shall be tracked separately from other Division of Youth Services deposits and payments. (4) All expenditures of funds derived from the sale of timber shall be expended in accordance with relevant state purchasing laws. (5) (A) The Division of Youth Services shall report all income derived from the sale of timber to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) A contract initiated for the harvesting and sale of timber shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review. Amended by Act 2023, No. 862,§ 10, eff. 7/1/2023. Amended by Act 2023, No. 365,§ 15, eff. 7/1/2023. Amended by Act 2019, No. 189,§ 10, eff. 7/1/2020. Amended by Act 2019, No. 189,§ 9, eff. 7/1/2020. Amended by Act 2019, No. 189,§ 8, eff. 7/1/2020. Amended by Act 2019, No. 189,§ 7, eff. 7/1/2020. Amended by Act 2019, No. 189,§ 6, eff. 7/1/2020. Amended by Act 2019, No. 910,§ 2199, eff. 7/1/2019. Amended by Act 2015, No. 1010,§ 2, eff. 7/22/2015 Acts 1995, No. 1261, § 3; 1997, No. 312, § 1; 2009, No. 972, § 1

(a) The Division of Youth Services shall perform the following functions and have the authority and responsibility to: (1) Coordinate communication among the various components of the juvenile justice system; (2) Oversee reform of the state's juvenile justice system, review the quality and consistency of reforms and reform proposals, and monitor youth and family outcomes related to reforms; (3) Provide services to delinquent and families-in-need-of-services youths; (4) Conduct research into the causes, nature, and treatment of juvenile delinquency and related problems; (5) Develop programs for early intervention and prevention of juvenile delinquency; (6) Maintain information files on juvenile delinquents in the state; (7) Develop effective community-based alternatives to confinement, incarceration, and commitment of youths; (8) Actively pursue the maximization of federal funding for juvenile delinquency and related programs; (9) Evaluate the effectiveness and efficiency of the programs and services offered by the Division of Youth Services and recommend changes to the Governor; (10) Provide a system of education in residential facilities operated by the Division of Youth Services that conforms to the guidelines established by the Division of Elementary and Secondary Education and as set forth in § 9-28-205 ; (11) Develop a reinvestment plan to redirect savings realized from reductions in the number of secure out-of-home placements under § 9-28-1203 ; (12) Develop a collaborative information-sharing system among the Department of Human Services, the Administrative Office of the Courts, and other stakeholders; and (13) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as necessary to carry out the purposes and intent of this subchapter.

(1) Coordinate communication among the various components of the juvenile justice system;

(2) Oversee reform of the state's juvenile justice system, review the quality and consistency of reforms and reform proposals, and monitor youth and family outcomes related to reforms;

(3) Provide services to delinquent and families-in-need-of-services youths;

(4) Conduct research into the causes, nature, and treatment of juvenile delinquency and related problems;

(5) Develop programs for early intervention and prevention of juvenile delinquency;

(6) Maintain information files on juvenile delinquents in the state;

(7) Develop effective community-based alternatives to confinement, incarceration, and commitment of youths;

(8) Actively pursue the maximization of federal funding for juvenile delinquency and related programs;

(9) Evaluate the effectiveness and efficiency of the programs and services offered by the Division of Youth Services and recommend changes to the Governor;

(10) Provide a system of education in residential facilities operated by the Division of Youth Services that conforms to the guidelines established by the Division of Elementary and Secondary Education and as set forth in § 9-28-205 ;

(11) Develop a reinvestment plan to redirect savings realized from reductions in the number of secure out-of-home placements under § 9-28-1203 ;

(12) Develop a collaborative information-sharing system among the Department of Human Services, the Administrative Office of the Courts, and other stakeholders; and

(13) Do and perform all other actions and exercise all other authority not inconsistent with the provisions of this subchapter as necessary to carry out the purposes and intent of this subchapter.

(b) In addition to other duties enumerated in this subchapter, the Division of Youth Services shall provide services as follows: (1) The Civilian Student Training Program shall provide services to youths that shall consist of, but not be limited to, school reintegration, counseling, tutoring, job placement counseling, corrective behavior skill counseling, and training; (2) (A) Case management services shall include, but not be limited to: (i) Making placement recommendations to court authorities; and (ii) Arrangement, coordination, and monitoring of services for a juvenile. (B) These services may be acquired by agreement with community providers, other agencies, or individuals as necessary; (3) (A) Client-specific services shall consist of, but not be limited to: (i) Independent living, tracker, or proctor services; (ii) Family or individual therapy; and (iii) Individualized treatment or supportive care services. (B) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services; (4) (A) Reduction-in-commitment services shall include services to address public safety, supervision, and rehabilitative needs of youths who may otherwise be detained, incarcerated, or committed to the Division of Youth Services. (B) Reduction-in-commitment services may include without limitation: (i) Electronic monitoring; (ii) Family or individual therapy; (iii) Day treatment services; (iv) Residential or outpatient mental health counseling, sex offender counseling, or substance abuse counseling; (v) Parenting classes for youths or custodians; (vi) Respite care; and (vii) Emergency shelter services. (C) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services. (D) [Repealed.]; (5) (A) Serious offender programs for youths charged with violent offenses shall consist of appropriate residential treatment programs at any of the youth services centers or facilities. (B) Serious offender programs or community-based programs may be acquired by agreements with entities or agencies deemed appropriate and capable of providing such services; (6) Less restrictive community-based programs selected by the Director of the Division of Youth Services for youths not deemed at risk of performing violent offenses; (7) (A) Observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of low-risk and medium-risk juveniles. (B) Observation and assessment services may be acquired by agreements with community providers or other agencies or individuals deemed to have the appropriate level of expertise to perform observation and assessment or diagnosis and evaluation. (C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measureable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ; (8) (A) Residential observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of high-risk juveniles. (B) Residential observation and assessment services may be performed by or at appropriate state-operated facilities or by agreement with appropriate agencies or individuals deemed to have the appropriate level of expertise to perform residential observation and assessment or diagnosis and evaluation. (C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measurable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ; (9) (A) (i) Community-based alternative basic services shall consist of, but not be limited to, prevention, intervention, casework, treatment, counseling, observation and assessment, case management, and residential services. (ii) Community-based alternative basic services shall be provided through a treatment model that is evidence-based, developmentally appropriate, family-centered, strength-based, and trauma-informed. (iii) Primary goals for community-based alternative basic services shall be the prevention of youths from entering the juvenile justice system and the provision of professional, community-based, least-cost services to youths. (B) These services may be acquired by agreements with comprehensive community-based providers capable of delivering the required continuum of services; (10) (A) Expanded services may consist of, but not be limited to: (i) Expansion of existing programs; (ii) Specific programs for alcohol, drug, or sex offenders; (iii) Special therapeutic treatment programs or client-specific services in which a consistent population has been defined as in need of multidiscipline care and services; (iv) Expansion of proven, effective, early intervention and prevention program activities; and (v) Restoration of previously proven effective interventions that prevent incarceration. (B) Utilization of funds appropriated for expanded services shall be as directed by the director; and (11) The Division of Youth Services shall provide monitoring and technical assistance to review the quality and consistency of reforms to the juvenile justice system.

(1) The Civilian Student Training Program shall provide services to youths that shall consist of, but not be limited to, school reintegration, counseling, tutoring, job placement counseling, corrective behavior skill counseling, and training;

(2) (A) Case management services shall include, but not be limited to: (i) Making placement recommendations to court authorities; and (ii) Arrangement, coordination, and monitoring of services for a juvenile. (B) These services may be acquired by agreement with community providers, other agencies, or individuals as necessary;

(A) Case management services shall include, but not be limited to: (i) Making placement recommendations to court authorities; and (ii) Arrangement, coordination, and monitoring of services for a juvenile.

(i) Making placement recommendations to court authorities; and

(ii) Arrangement, coordination, and monitoring of services for a juvenile.

(B) These services may be acquired by agreement with community providers, other agencies, or individuals as necessary;

(3) (A) Client-specific services shall consist of, but not be limited to: (i) Independent living, tracker, or proctor services; (ii) Family or individual therapy; and (iii) Individualized treatment or supportive care services. (B) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services;

(A) Client-specific services shall consist of, but not be limited to: (i) Independent living, tracker, or proctor services; (ii) Family or individual therapy; and (iii) Individualized treatment or supportive care services.

(i) Independent living, tracker, or proctor services;

(ii) Family or individual therapy; and

(iii) Individualized treatment or supportive care services.

(B) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services;

(4) (A) Reduction-in-commitment services shall include services to address public safety, supervision, and rehabilitative needs of youths who may otherwise be detained, incarcerated, or committed to the Division of Youth Services. (B) Reduction-in-commitment services may include without limitation: (i) Electronic monitoring; (ii) Family or individual therapy; (iii) Day treatment services; (iv) Residential or outpatient mental health counseling, sex offender counseling, or substance abuse counseling; (v) Parenting classes for youths or custodians; (vi) Respite care; and (vii) Emergency shelter services. (C) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services. (D) [Repealed.];

(A) Reduction-in-commitment services shall include services to address public safety, supervision, and rehabilitative needs of youths who may otherwise be detained, incarcerated, or committed to the Division of Youth Services.

(B) Reduction-in-commitment services may include without limitation: (i) Electronic monitoring; (ii) Family or individual therapy; (iii) Day treatment services; (iv) Residential or outpatient mental health counseling, sex offender counseling, or substance abuse counseling; (v) Parenting classes for youths or custodians; (vi) Respite care; and (vii) Emergency shelter services.

(i) Electronic monitoring;

(ii) Family or individual therapy;

(iii) Day treatment services;

(iv) Residential or outpatient mental health counseling, sex offender counseling, or substance abuse counseling;

(v) Parenting classes for youths or custodians;

(vi) Respite care; and

(vii) Emergency shelter services.

(C) These services may be acquired by agreement with comprehensive community-based providers capable of delivering the required continuum of services.

(D) [Repealed.];

(5) (A) Serious offender programs for youths charged with violent offenses shall consist of appropriate residential treatment programs at any of the youth services centers or facilities. (B) Serious offender programs or community-based programs may be acquired by agreements with entities or agencies deemed appropriate and capable of providing such services;

(A) Serious offender programs for youths charged with violent offenses shall consist of appropriate residential treatment programs at any of the youth services centers or facilities.

(B) Serious offender programs or community-based programs may be acquired by agreements with entities or agencies deemed appropriate and capable of providing such services;

(6) Less restrictive community-based programs selected by the Director of the Division of Youth Services for youths not deemed at risk of performing violent offenses;

(7) (A) Observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of low-risk and medium-risk juveniles. (B) Observation and assessment services may be acquired by agreements with community providers or other agencies or individuals deemed to have the appropriate level of expertise to perform observation and assessment or diagnosis and evaluation. (C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measureable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ;

(A) Observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of low-risk and medium-risk juveniles.

(B) Observation and assessment services may be acquired by agreements with community providers or other agencies or individuals deemed to have the appropriate level of expertise to perform observation and assessment or diagnosis and evaluation.

(C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measureable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ;

(i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services.

(ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measureable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ;

(8) (A) Residential observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of high-risk juveniles. (B) Residential observation and assessment services may be performed by or at appropriate state-operated facilities or by agreement with appropriate agencies or individuals deemed to have the appropriate level of expertise to perform residential observation and assessment or diagnosis and evaluation. (C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measurable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ;

(A) Residential observation and assessment services shall consist of, but not be limited to, those activities necessary to ensure appropriate recommendations for intervention, services, and placement of high-risk juveniles.

(B) Residential observation and assessment services may be performed by or at appropriate state-operated facilities or by agreement with appropriate agencies or individuals deemed to have the appropriate level of expertise to perform residential observation and assessment or diagnosis and evaluation.

(C) (i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services. (ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measurable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ;

(i) The Division of Youth Services shall use validated risk assessments for all juveniles committed to the Division of Youth Services.

(ii) The Division of Youth Services shall provide individualized treatment and placement decisions, with measurable goals and regular reassessments, based on the results of an initial assessment and the risk level assigned to the juvenile by the validated risk assessment used in the court's commitment decision under § 9-27-330(a)(1)(B) ;

(9) (A) (i) Community-based alternative basic services shall consist of, but not be limited to, prevention, intervention, casework, treatment, counseling, observation and assessment, case management, and residential services. (ii) Community-based alternative basic services shall be provided through a treatment model that is evidence-based, developmentally appropriate, family-centered, strength-based, and trauma-informed. (iii) Primary goals for community-based alternative basic services shall be the prevention of youths from entering the juvenile justice system and the provision of professional, community-based, least-cost services to youths. (B) These services may be acquired by agreements with comprehensive community-based providers capable of delivering the required continuum of services;

(A) (i) Community-based alternative basic services shall consist of, but not be limited to, prevention, intervention, casework, treatment, counseling, observation and assessment, case management, and residential services. (ii) Community-based alternative basic services shall be provided through a treatment model that is evidence-based, developmentally appropriate, family-centered, strength-based, and trauma-informed. (iii) Primary goals for community-based alternative basic services shall be the prevention of youths from entering the juvenile justice system and the provision of professional, community-based, least-cost services to youths.

(i) Community-based alternative basic services shall consist of, but not be limited to, prevention, intervention, casework, treatment, counseling, observation and assessment, case management, and residential services.

(ii) Community-based alternative basic services shall be provided through a treatment model that is evidence-based, developmentally appropriate, family-centered, strength-based, and trauma-informed.

(iii) Primary goals for community-based alternative basic services shall be the prevention of youths from entering the juvenile justice system and the provision of professional, community-based, least-cost services to youths.

(B) These services may be acquired by agreements with comprehensive community-based providers capable of delivering the required continuum of services;

(10) (A) Expanded services may consist of, but not be limited to: (i) Expansion of existing programs; (ii) Specific programs for alcohol, drug, or sex offenders; (iii) Special therapeutic treatment programs or client-specific services in which a consistent population has been defined as in need of multidiscipline care and services; (iv) Expansion of proven, effective, early intervention and prevention program activities; and (v) Restoration of previously proven effective interventions that prevent incarceration. (B) Utilization of funds appropriated for expanded services shall be as directed by the director; and

(A) Expanded services may consist of, but not be limited to: (i) Expansion of existing programs; (ii) Specific programs for alcohol, drug, or sex offenders; (iii) Special therapeutic treatment programs or client-specific services in which a consistent population has been defined as in need of multidiscipline care and services; (iv) Expansion of proven, effective, early intervention and prevention program activities; and (v) Restoration of previously proven effective interventions that prevent incarceration.

(i) Expansion of existing programs;

(ii) Specific programs for alcohol, drug, or sex offenders;

(iii) Special therapeutic treatment programs or client-specific services in which a consistent population has been defined as in need of multidiscipline care and services;

(iv) Expansion of proven, effective, early intervention and prevention program activities; and

(v) Restoration of previously proven effective interventions that prevent incarceration.

(B) Utilization of funds appropriated for expanded services shall be as directed by the director; and

(11) The Division of Youth Services shall provide monitoring and technical assistance to review the quality and consistency of reforms to the juvenile justice system.

(c) The Division of Youth Services shall pursue the maximization of federal funds to benefit the youth of Arkansas.

(d) (1) The Division of Youth Services shall promulgate rules as necessary to administer this subchapter. (2) The rules shall be reviewed by the Senate Interim Committee on Children and Youth or any appropriate legislative committee during legislative sessions.

(1) The Division of Youth Services shall promulgate rules as necessary to administer this subchapter.

(2) The rules shall be reviewed by the Senate Interim Committee on Children and Youth or any appropriate legislative committee during legislative sessions.

(e) (1) The Division of Youth Services may use the administrative operating account for capital improvements to the physical plant and the purchase of capital equipment by the Mansfield Juvenile Treatment Center operated by the Division of Youth Services. (2) The harvesting of timber is specifically authorized to provide funds: (A) To finance capital improvements to the physical plant; and (B) For the purchase of major capital equipment by the center from which the timber is sold. (3) (A) The Division of Youth Services shall hold funds from the proceeds of the sale of timber harvested from land owned by the Division of Youth Services separately from other Division of Youth Services funds. (B) All funds deposited from timber sales and all expenses paid through timber sales shall be tracked separately from other Division of Youth Services deposits and payments. (4) All expenditures of funds derived from the sale of timber shall be expended in accordance with relevant state purchasing laws. (5) (A) The Division of Youth Services shall report all income derived from the sale of timber to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) A contract initiated for the harvesting and sale of timber shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review.

(1) The Division of Youth Services may use the administrative operating account for capital improvements to the physical plant and the purchase of capital equipment by the Mansfield Juvenile Treatment Center operated by the Division of Youth Services.

(2) The harvesting of timber is specifically authorized to provide funds: (A) To finance capital improvements to the physical plant; and (B) For the purchase of major capital equipment by the center from which the timber is sold.

(A) To finance capital improvements to the physical plant; and

(B) For the purchase of major capital equipment by the center from which the timber is sold.

(3) (A) The Division of Youth Services shall hold funds from the proceeds of the sale of timber harvested from land owned by the Division of Youth Services separately from other Division of Youth Services funds. (B) All funds deposited from timber sales and all expenses paid through timber sales shall be tracked separately from other Division of Youth Services deposits and payments.

(A) The Division of Youth Services shall hold funds from the proceeds of the sale of timber harvested from land owned by the Division of Youth Services separately from other Division of Youth Services funds.

(B) All funds deposited from timber sales and all expenses paid through timber sales shall be tracked separately from other Division of Youth Services deposits and payments.

(4) All expenditures of funds derived from the sale of timber shall be expended in accordance with relevant state purchasing laws.

(5) (A) The Division of Youth Services shall report all income derived from the sale of timber to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee. (B) A contract initiated for the harvesting and sale of timber shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review.

(A) The Division of Youth Services shall report all income derived from the sale of timber to the Chief Fiscal Officer of the State and the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(B) A contract initiated for the harvesting and sale of timber shall be submitted to the Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee for prior review.

Amended by Act 2023, No. 862,§ 10, eff. 7/1/2023.

Amended by Act 2023, No. 365,§ 15, eff. 7/1/2023.

Amended by Act 2019, No. 189,§ 10, eff. 7/1/2020.

Amended by Act 2019, No. 189,§ 9, eff. 7/1/2020.

Amended by Act 2019, No. 189,§ 8, eff. 7/1/2020.

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

Amended by Act 2019, No. 189,§ 6, eff. 7/1/2020.

Amended by Act 2019, No. 910,§ 2199, eff. 7/1/2019.

Amended by Act 2015, No. 1010,§ 2, eff. 7/22/2015

Acts 1995, No. 1261, § 3; 1997, No. 312, § 1; 2009, No. 972, § 1
Ark. Code Ann. § 9-9-801 — AR Code / Title 9 / Chapter 9 / Subchapter 9 / Section 9-9-801
Definitions
Status: in_force

As used in this subchapter: (1) "Adoption file" means a file maintained by the Department of Health that contains an original birth certificate and adoption decree of an adoptee; (2) "Genetic and social history" has the same meaning as provided under § 9-9-501 ; and (3) "Requester" means a person twenty-one (21) years of age or older who requests an adoption file under § 9-9-803 and is: (A) The adoptee to whom the adoption file requested pertains; or (B) The child, surviving spouse, or guardian of any child of a deceased adoptee to whom the adoption file requested pertains. Added by Act 2017, No. 519,§ 1, eff. 8/1/2017

As used in this subchapter:

(1) "Adoption file" means a file maintained by the Department of Health that contains an original birth certificate and adoption decree of an adoptee;

(2) "Genetic and social history" has the same meaning as provided under § 9-9-501 ; and

(3) "Requester" means a person twenty-one (21) years of age or older who requests an adoption file under § 9-9-803 and is: (A) The adoptee to whom the adoption file requested pertains; or (B) The child, surviving spouse, or guardian of any child of a deceased adoptee to whom the adoption file requested pertains.

(A) The adoptee to whom the adoption file requested pertains; or

(B) The child, surviving spouse, or guardian of any child of a deceased adoptee to whom the adoption file requested pertains.

Added by Act 2017, No. 519,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-19-101 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-101
Short title
Status: in_force

This chapter may be cited as the "Uniform Child-Custody Jurisdiction and Enforcement Act". Acts 1999, No. 668, § 101

This chapter may be cited as the "Uniform Child-Custody Jurisdiction and Enforcement Act".

Acts 1999, No. 668, § 101
Ark. Code Ann. § 9-13-102 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-102
Visitation rights of brothers and sisters
Status: in_force

The circuit courts of this state, upon petition from any person who is a brother or sister, regardless of the degree of blood relationship or, if the person is a minor, upon petition by a parent, guardian, or next friend in behalf of the minor, may grant reasonable visitation rights to the petitioner so as to allow the petitioner the right to visit any brother or sister, regardless of the degree of blood relationship, whose parents have denied such access. The circuit courts may issue any further order that may be necessary to enforce the visitation rights. Acts 1981, No. 920, § 1; A.S.A. 1947, § 57-137

The circuit courts of this state, upon petition from any person who is a brother or sister, regardless of the degree of blood relationship or, if the person is a minor, upon petition by a parent, guardian, or next friend in behalf of the minor, may grant reasonable visitation rights to the petitioner so as to allow the petitioner the right to visit any brother or sister, regardless of the degree of blood relationship, whose parents have denied such access. The circuit courts may issue any further order that may be necessary to enforce the visitation rights.

Acts 1981, No. 920, § 1; A.S.A. 1947, § 57-137
Ark. Code Ann. § 9-27-307 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-307
Venue
Status: in_force

(a) (1) (A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides. (B) (i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county. (ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile. (2) Proceedings may be commenced in the county where the alleged act or omission occurred in any of the following: (A) Nonsupport after establishment of paternity; (B) Delinquency; or (C) Dependency-neglect. (3) Proceedings under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., shall be commenced in the court provided by the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq. (4) Adoptions and guardianships may be filed in a juvenile court that has previously asserted continuing jurisdiction of the juvenile. (5) Juvenile proceedings shall comply with § 16-13-210 , except detention hearings under § 9-27-326 and probable cause hearings under § 9-27-315 . (b) (1) (A) Following adjudication, the court may on its own motion or on motion of any party transfer the case to the county of the juvenile's residence when the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., do not apply. (B) An adult or family member who files a family in need of services petition shall file a motion to transfer if the adult or family member: (i) Receives information indicating that the juvenile involved in the family in need of services case has relocated to a county in another judicial district; and (ii) Knows the address of the juvenile in the county to which the juvenile has relocated. (2) The court shall not transfer any case to another judicial district prior to adjudication, excluding matters filed in the incorrect venue, or any case in which a petition to terminate parental rights has been filed unless the court has taken final action on the petition. (c) (1) Prior to transferring a case to another venue, the court shall contact the judge in the other venue to confirm that the judge in the other venue will accept the transfer. (2) (A) Upon confirmation that the judge will accept the transfer of venue, the transferring judge shall enter the transfer order. The transfer order shall: (i) Indicate that the judge has accepted the transfer; (ii) State the location of the court in the new venue; and (iii) Set the time and date of the next hearing. (B) The transfer order shall be: (i) Provided to all parties and attorneys to the case; and (ii) Transmitted immediately to the judge accepting the transfer. (3) The transferring court shall also ensure that all court records are copied and sent to the judge in the new venue. Amended by Act 2021, No. 816,§ 3, eff. 7/28/2021. Acts 1989, No. 273, § 6; 1997, No. 1084, § 1; 2001, No. 1503, § 2; 2003, No. 1319, § 10; 2003, No. 1809, § 1; 2005, No. 1990, § 3; 2007, No. 587, § 10; 2009, No. 956, § 7

(a) (1) (A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides. (B) (i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county. (ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile. (2) Proceedings may be commenced in the county where the alleged act or omission occurred in any of the following: (A) Nonsupport after establishment of paternity; (B) Delinquency; or (C) Dependency-neglect. (3) Proceedings under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., shall be commenced in the court provided by the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq. (4) Adoptions and guardianships may be filed in a juvenile court that has previously asserted continuing jurisdiction of the juvenile. (5) Juvenile proceedings shall comply with § 16-13-210 , except detention hearings under § 9-27-326 and probable cause hearings under § 9-27-315 .

(1) (A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides. (B) (i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county. (ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile.

(A) Except as set forth in subdivisions (a)(2)-(4) of this section, a proceeding under this subchapter shall be commenced in the circuit court of the county in which the juvenile resides.

(B) (i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county. (ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile.

(i) No dependency-neglect proceeding shall be dismissed if a proceeding is filed in the incorrect county.

(ii) If the proceeding is filed in the incorrect county, then the dependency-neglect proceeding shall be transferred to the proper county upon discovery of the proper county of residence of the juvenile.

(2) Proceedings may be commenced in the county where the alleged act or omission occurred in any of the following: (A) Nonsupport after establishment of paternity; (B) Delinquency; or (C) Dependency-neglect.

(A) Nonsupport after establishment of paternity;

(B) Delinquency; or

(C) Dependency-neglect.

(3) Proceedings under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., shall be commenced in the court provided by the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.

(4) Adoptions and guardianships may be filed in a juvenile court that has previously asserted continuing jurisdiction of the juvenile.

(5) Juvenile proceedings shall comply with § 16-13-210 , except detention hearings under § 9-27-326 and probable cause hearings under § 9-27-315 .

(b) (1) (A) Following adjudication, the court may on its own motion or on motion of any party transfer the case to the county of the juvenile's residence when the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., do not apply. (B) An adult or family member who files a family in need of services petition shall file a motion to transfer if the adult or family member: (i) Receives information indicating that the juvenile involved in the family in need of services case has relocated to a county in another judicial district; and (ii) Knows the address of the juvenile in the county to which the juvenile has relocated. (2) The court shall not transfer any case to another judicial district prior to adjudication, excluding matters filed in the incorrect venue, or any case in which a petition to terminate parental rights has been filed unless the court has taken final action on the petition.

(1) (A) Following adjudication, the court may on its own motion or on motion of any party transfer the case to the county of the juvenile's residence when the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., do not apply. (B) An adult or family member who files a family in need of services petition shall file a motion to transfer if the adult or family member: (i) Receives information indicating that the juvenile involved in the family in need of services case has relocated to a county in another judicial district; and (ii) Knows the address of the juvenile in the county to which the juvenile has relocated.

(A) Following adjudication, the court may on its own motion or on motion of any party transfer the case to the county of the juvenile's residence when the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq., do not apply.

(B) An adult or family member who files a family in need of services petition shall file a motion to transfer if the adult or family member: (i) Receives information indicating that the juvenile involved in the family in need of services case has relocated to a county in another judicial district; and (ii) Knows the address of the juvenile in the county to which the juvenile has relocated.

(i) Receives information indicating that the juvenile involved in the family in need of services case has relocated to a county in another judicial district; and

(ii) Knows the address of the juvenile in the county to which the juvenile has relocated.

(2) The court shall not transfer any case to another judicial district prior to adjudication, excluding matters filed in the incorrect venue, or any case in which a petition to terminate parental rights has been filed unless the court has taken final action on the petition.

(c) (1) Prior to transferring a case to another venue, the court shall contact the judge in the other venue to confirm that the judge in the other venue will accept the transfer. (2) (A) Upon confirmation that the judge will accept the transfer of venue, the transferring judge shall enter the transfer order. The transfer order shall: (i) Indicate that the judge has accepted the transfer; (ii) State the location of the court in the new venue; and (iii) Set the time and date of the next hearing. (B) The transfer order shall be: (i) Provided to all parties and attorneys to the case; and (ii) Transmitted immediately to the judge accepting the transfer. (3) The transferring court shall also ensure that all court records are copied and sent to the judge in the new venue.

(1) Prior to transferring a case to another venue, the court shall contact the judge in the other venue to confirm that the judge in the other venue will accept the transfer.

(2) (A) Upon confirmation that the judge will accept the transfer of venue, the transferring judge shall enter the transfer order. The transfer order shall: (i) Indicate that the judge has accepted the transfer; (ii) State the location of the court in the new venue; and (iii) Set the time and date of the next hearing. (B) The transfer order shall be: (i) Provided to all parties and attorneys to the case; and (ii) Transmitted immediately to the judge accepting the transfer.

(A) Upon confirmation that the judge will accept the transfer of venue, the transferring judge shall enter the transfer order. The transfer order shall: (i) Indicate that the judge has accepted the transfer; (ii) State the location of the court in the new venue; and (iii) Set the time and date of the next hearing.

(i) Indicate that the judge has accepted the transfer;

(ii) State the location of the court in the new venue; and

(iii) Set the time and date of the next hearing.

(B) The transfer order shall be: (i) Provided to all parties and attorneys to the case; and (ii) Transmitted immediately to the judge accepting the transfer.

(i) Provided to all parties and attorneys to the case; and

(ii) Transmitted immediately to the judge accepting the transfer.

(3) The transferring court shall also ensure that all court records are copied and sent to the judge in the new venue.

Amended by Act 2021, No. 816,§ 3, eff. 7/28/2021.

Acts 1989, No. 273, § 6; 1997, No. 1084, § 1; 2001, No. 1503, § 2; 2003, No. 1319, § 10; 2003, No. 1809, § 1; 2005, No. 1990, § 3; 2007, No. 587, § 10; 2009, No. 956, § 7
Ark. Code Ann. § 9-5-114 — AR Code / Title 9 / Chapter 5 / Section 9-5-114
Admissibility of statements by an alleged child victim
Status: in_force

Nothing in this chapter precludes the admissibility of statements by an alleged child victim outside the scope of the forensic interview conducted at a child safety center, provided that sufficient safeguards are present to satisfy the admissibility requirements set forth in the Arkansas Rules of Evidence, relevant case law, and constitutional requirements. Acts 2007, No. 703, § 5

Nothing in this chapter precludes the admissibility of statements by an alleged child victim outside the scope of the forensic interview conducted at a child safety center, provided that sufficient safeguards are present to satisfy the admissibility requirements set forth in the Arkansas Rules of Evidence, relevant case law, and constitutional requirements.

Acts 2007, No. 703, § 5