Ark. Code Ann. § 9-28-108 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-108
Placement of juveniles - Definitions
Status: in_force

(a) As used in this section: (1) "Fictive kin" means a person selected by the Division of Children and Family Services who: (A) Is not related to a child by blood or marriage; and (B) Has a strong, positive, and emotional tie or role in the: (i) Child's life; or (ii) Child's parent's life if the child is an infant; and (2) "Relative" means a person within the fifth degree of kinship by virtue of blood, marriage, or adoption. (b) (1) (A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402 . (B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq. (2) When it is in the best interest of each of the juveniles, the department shall attempt to place: (A) A sibling group together while they are in foster care and adoptive placement; and (B) An infant of a minor mother together with the minor mother in foster care. (c) (1) A relative of a juvenile placed in the custody of the department shall be given preferential consideration for placement if: (A) The relative meets all required child protection standards; and (B) It is in the best interest of the juvenile to be placed with the relative. (2) Placement or custody of a juvenile in the home of a relative or other person shall not relieve the department of its responsibility to actively implement the goal of the case. (3) If a relative or other person inquires about the placement of a juvenile in his or her home, the department shall discuss the following two (2) options with the relative or other person considering the placement of the juvenile: (A) Becoming a department foster home; or (B) Obtaining legal custody of the juvenile. (4) (A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until: (i) The home is opened as a regular foster home; (ii) The home is opened as a provisional foster home, if the person is a relative or fictive kin to one (1) of the children in the sibling group, including step-siblings; or (iii) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court. (B) For placement with a relative or fictive kin: (i) (a) The juvenile and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; (ii) If the relative or fictive kin chooses to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until: (a) The relative or fictive kin meets all of the foster home requirements; and (b) The home of the relative or fictive kin is opened as a regular foster home; (iii) The relative or fictive kin may apply for and receive benefits that the relative or fictive kin may be entitled to based on the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program, until the home of the relative or fictive kin is opened as a regular foster home; and (iv) If the home of the relative or fictive kin is not fully licensed as a foster home after six (6) months of the placement of the juvenile and any siblings or step-siblings in the home: (a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or (b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section. (5) If the court grants custody of the juvenile and any siblings or step-siblings to the relative or other person: (A) (i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative or other person. (ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative or other person, placed in the custody of the department, and then remain or be returned to the home of the relative or other person while remaining in the custody of the department; (B) (i) The relative or other person shall not receive any financial assistance, including board payments, from the department, but may receive other financial assistance that the relative or other person has applied for and qualifies for under other program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy. (ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; and (C) The department shall not be ordered to pay the equivalent of board payments or adoption subsidies to a relative or other person as reasonable efforts to prevent removal of custody from the relative. (d) (1) (A) A court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for: (i) No longer than sixty (60) days; or (ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department. (B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days. (C) A trial home placement with a parent who did not have custody of the juvenile at the time of the juvenile's removal into the custody of the department may be made only after the court or the department determines that: (i) The trial home placement is in the best interest of the juvenile; (ii) The noncustodial parent does not have a restriction on contact with the juvenile; and (iii) There are no safety concerns related to the placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services. (2) At the end of the trial home placement the: (A) Court shall place custody of the juvenile with the parent or the person from whom custody was removed; or (B) Department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402 . (e) In an action under this section concerning placement of a juvenile, the circuit court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age. (f) When a juvenile leaves the custody of the department and the court grants custody to the parent or another person, the department shall not be the legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction. Amended by Act 2023, No. 363,§ 22, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 21, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 20, eff. 8/1/2023. Amended by Act 2023, No. 168,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 541,§ 10, eff. 7/24/2019. Amended by Act 2017, No. 700,§ 2, eff. 8/1/2017 Amended by Act 2013, No. 478,§ 3, eff. 8/16/2013 Amended by Act 2013, No. 478,§ 2, eff. 8/16/2013 Acts 2011, No. 591, § 1

(a) As used in this section: (1) "Fictive kin" means a person selected by the Division of Children and Family Services who: (A) Is not related to a child by blood or marriage; and (B) Has a strong, positive, and emotional tie or role in the: (i) Child's life; or (ii) Child's parent's life if the child is an infant; and (2) "Relative" means a person within the fifth degree of kinship by virtue of blood, marriage, or adoption.

(1) "Fictive kin" means a person selected by the Division of Children and Family Services who: (A) Is not related to a child by blood or marriage; and (B) Has a strong, positive, and emotional tie or role in the: (i) Child's life; or (ii) Child's parent's life if the child is an infant; and

(A) Is not related to a child by blood or marriage; and

(B) Has a strong, positive, and emotional tie or role in the: (i) Child's life; or (ii) Child's parent's life if the child is an infant; and

(i) Child's life; or

(ii) Child's parent's life if the child is an infant; and

(2) "Relative" means a person within the fifth degree of kinship by virtue of blood, marriage, or adoption.

(b) (1) (A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402 . (B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq. (2) When it is in the best interest of each of the juveniles, the department shall attempt to place: (A) A sibling group together while they are in foster care and adoptive placement; and (B) An infant of a minor mother together with the minor mother in foster care.

(1) (A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402 . (B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq.

(A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402 .

(B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq.

(2) When it is in the best interest of each of the juveniles, the department shall attempt to place: (A) A sibling group together while they are in foster care and adoptive placement; and (B) An infant of a minor mother together with the minor mother in foster care.

(A) A sibling group together while they are in foster care and adoptive placement; and

(B) An infant of a minor mother together with the minor mother in foster care.

(c) (1) A relative of a juvenile placed in the custody of the department shall be given preferential consideration for placement if: (A) The relative meets all required child protection standards; and (B) It is in the best interest of the juvenile to be placed with the relative. (2) Placement or custody of a juvenile in the home of a relative or other person shall not relieve the department of its responsibility to actively implement the goal of the case. (3) If a relative or other person inquires about the placement of a juvenile in his or her home, the department shall discuss the following two (2) options with the relative or other person considering the placement of the juvenile: (A) Becoming a department foster home; or (B) Obtaining legal custody of the juvenile. (4) (A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until: (i) The home is opened as a regular foster home; (ii) The home is opened as a provisional foster home, if the person is a relative or fictive kin to one (1) of the children in the sibling group, including step-siblings; or (iii) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court. (B) For placement with a relative or fictive kin: (i) (a) The juvenile and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; (ii) If the relative or fictive kin chooses to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until: (a) The relative or fictive kin meets all of the foster home requirements; and (b) The home of the relative or fictive kin is opened as a regular foster home; (iii) The relative or fictive kin may apply for and receive benefits that the relative or fictive kin may be entitled to based on the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program, until the home of the relative or fictive kin is opened as a regular foster home; and (iv) If the home of the relative or fictive kin is not fully licensed as a foster home after six (6) months of the placement of the juvenile and any siblings or step-siblings in the home: (a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or (b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section. (5) If the court grants custody of the juvenile and any siblings or step-siblings to the relative or other person: (A) (i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative or other person. (ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative or other person, placed in the custody of the department, and then remain or be returned to the home of the relative or other person while remaining in the custody of the department; (B) (i) The relative or other person shall not receive any financial assistance, including board payments, from the department, but may receive other financial assistance that the relative or other person has applied for and qualifies for under other program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy. (ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; and (C) The department shall not be ordered to pay the equivalent of board payments or adoption subsidies to a relative or other person as reasonable efforts to prevent removal of custody from the relative.

(1) A relative of a juvenile placed in the custody of the department shall be given preferential consideration for placement if: (A) The relative meets all required child protection standards; and (B) It is in the best interest of the juvenile to be placed with the relative.

(A) The relative meets all required child protection standards; and

(B) It is in the best interest of the juvenile to be placed with the relative.

(2) Placement or custody of a juvenile in the home of a relative or other person shall not relieve the department of its responsibility to actively implement the goal of the case.

(3) If a relative or other person inquires about the placement of a juvenile in his or her home, the department shall discuss the following two (2) options with the relative or other person considering the placement of the juvenile: (A) Becoming a department foster home; or (B) Obtaining legal custody of the juvenile.

(A) Becoming a department foster home; or

(B) Obtaining legal custody of the juvenile.

(4) (A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until: (i) The home is opened as a regular foster home; (ii) The home is opened as a provisional foster home, if the person is a relative or fictive kin to one (1) of the children in the sibling group, including step-siblings; or (iii) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court. (B) For placement with a relative or fictive kin: (i) (a) The juvenile and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; (ii) If the relative or fictive kin chooses to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until: (a) The relative or fictive kin meets all of the foster home requirements; and (b) The home of the relative or fictive kin is opened as a regular foster home; (iii) The relative or fictive kin may apply for and receive benefits that the relative or fictive kin may be entitled to based on the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program, until the home of the relative or fictive kin is opened as a regular foster home; and (iv) If the home of the relative or fictive kin is not fully licensed as a foster home after six (6) months of the placement of the juvenile and any siblings or step-siblings in the home: (a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or (b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section.

(A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until: (i) The home is opened as a regular foster home; (ii) The home is opened as a provisional foster home, if the person is a relative or fictive kin to one (1) of the children in the sibling group, including step-siblings; or (iii) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court.

(i) The home is opened as a regular foster home;

(ii) The home is opened as a provisional foster home, if the person is a relative or fictive kin to one (1) of the children in the sibling group, including step-siblings; or

(iii) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court.

(B) For placement with a relative or fictive kin: (i) (a) The juvenile and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; (ii) If the relative or fictive kin chooses to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until: (a) The relative or fictive kin meets all of the foster home requirements; and (b) The home of the relative or fictive kin is opened as a regular foster home; (iii) The relative or fictive kin may apply for and receive benefits that the relative or fictive kin may be entitled to based on the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program, until the home of the relative or fictive kin is opened as a regular foster home; and (iv) If the home of the relative or fictive kin is not fully licensed as a foster home after six (6) months of the placement of the juvenile and any siblings or step-siblings in the home: (a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or (b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section.

(i) (a) The juvenile and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home;

(a) The juvenile and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home.

(b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home;

(ii) If the relative or fictive kin chooses to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until: (a) The relative or fictive kin meets all of the foster home requirements; and (b) The home of the relative or fictive kin is opened as a regular foster home;

(a) The relative or fictive kin meets all of the foster home requirements; and

(b) The home of the relative or fictive kin is opened as a regular foster home;

(iii) The relative or fictive kin may apply for and receive benefits that the relative or fictive kin may be entitled to based on the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program, until the home of the relative or fictive kin is opened as a regular foster home; and

(iv) If the home of the relative or fictive kin is not fully licensed as a foster home after six (6) months of the placement of the juvenile and any siblings or step-siblings in the home: (a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or (b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section.

(a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or

(b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section.

(5) If the court grants custody of the juvenile and any siblings or step-siblings to the relative or other person: (A) (i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative or other person. (ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative or other person, placed in the custody of the department, and then remain or be returned to the home of the relative or other person while remaining in the custody of the department; (B) (i) The relative or other person shall not receive any financial assistance, including board payments, from the department, but may receive other financial assistance that the relative or other person has applied for and qualifies for under other program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy. (ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; and (C) The department shall not be ordered to pay the equivalent of board payments or adoption subsidies to a relative or other person as reasonable efforts to prevent removal of custody from the relative.

(A) (i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative or other person. (ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative or other person, placed in the custody of the department, and then remain or be returned to the home of the relative or other person while remaining in the custody of the department;

(i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative or other person.

(ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative or other person, placed in the custody of the department, and then remain or be returned to the home of the relative or other person while remaining in the custody of the department;

(B) (i) The relative or other person shall not receive any financial assistance, including board payments, from the department, but may receive other financial assistance that the relative or other person has applied for and qualifies for under other program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy. (ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; and

(i) The relative or other person shall not receive any financial assistance, including board payments, from the department, but may receive other financial assistance that the relative or other person has applied for and qualifies for under other program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy.

(ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board support payment from the department for no more than six (6) months unless fully opened as a foster home; and

(C) The department shall not be ordered to pay the equivalent of board payments or adoption subsidies to a relative or other person as reasonable efforts to prevent removal of custody from the relative.

(d) (1) (A) A court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for: (i) No longer than sixty (60) days; or (ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department. (B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days. (C) A trial home placement with a parent who did not have custody of the juvenile at the time of the juvenile's removal into the custody of the department may be made only after the court or the department determines that: (i) The trial home placement is in the best interest of the juvenile; (ii) The noncustodial parent does not have a restriction on contact with the juvenile; and (iii) There are no safety concerns related to the placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services. (2) At the end of the trial home placement the: (A) Court shall place custody of the juvenile with the parent or the person from whom custody was removed; or (B) Department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402 .

(1) (A) A court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for: (i) No longer than sixty (60) days; or (ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department. (B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days. (C) A trial home placement with a parent who did not have custody of the juvenile at the time of the juvenile's removal into the custody of the department may be made only after the court or the department determines that: (i) The trial home placement is in the best interest of the juvenile; (ii) The noncustodial parent does not have a restriction on contact with the juvenile; and (iii) There are no safety concerns related to the placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services.

(A) A court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for: (i) No longer than sixty (60) days; or (ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department.

(i) No longer than sixty (60) days; or

(ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department.

(B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days.

(C) A trial home placement with a parent who did not have custody of the juvenile at the time of the juvenile's removal into the custody of the department may be made only after the court or the department determines that: (i) The trial home placement is in the best interest of the juvenile; (ii) The noncustodial parent does not have a restriction on contact with the juvenile; and (iii) There are no safety concerns related to the placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services.

(i) The trial home placement is in the best interest of the juvenile;

(ii) The noncustodial parent does not have a restriction on contact with the juvenile; and

(iii) There are no safety concerns related to the placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services.

(a) The criminal background of the noncustodial parent;

(b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and

(c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services.

(2) At the end of the trial home placement the: (A) Court shall place custody of the juvenile with the parent or the person from whom custody was removed; or (B) Department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402 .

(A) Court shall place custody of the juvenile with the parent or the person from whom custody was removed; or

(B) Department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402 .

(e) In an action under this section concerning placement of a juvenile, the circuit court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age.

(f) When a juvenile leaves the custody of the department and the court grants custody to the parent or another person, the department shall not be the legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction.

Amended by Act 2023, No. 363,§ 22, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 21, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 20, eff. 8/1/2023.

Amended by Act 2023, No. 168,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 541,§ 10, eff. 7/24/2019.

Amended by Act 2017, No. 700,§ 2, eff. 8/1/2017

Amended by Act 2013, No. 478,§ 3, eff. 8/16/2013

Amended by Act 2013, No. 478,§ 2, eff. 8/16/2013

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-28-119 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-119
Department of Human Services - Power to obtain information - Definitions
Status: in_force

(a) As used in this section: (1) "Business" means any corporation, partnership, cable television company, association, individual, or utility company that is organized privately, as a cooperative, or as a quasi-public entity, and labor or other organization maintaining an office, doing business, or having a registered agent in the State of Arkansas; (2) "Financial entity" means any bank, trust company, savings and loan association, credit union, or insurance company or any corporation, association, partnership, or individual receiving or accepting money or its equivalent on deposit as a business in the State of Arkansas; (3) "Information" means, without limitation, the following: (A) The full name of a parent, a putative father, or relative; (B) The Social Security number of a parent or a putative father; (C) The date of birth of a parent, a putative father, or relative; (D) The last known mailing address and residential address of a parent, a putative father, or relative; (E) The amount of wages, salaries, earnings, or commissions earned by a parent or a putative father; and (F) A certified copy of an acknowledgement of paternity; (4) "Parent" means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has signed an acknowledgment of paternity pursuant to § 9-10-120 or who has been found by a court of competent jurisdiction to be the biological father of the juvenile; (5) "Putative father" means any man not deemed or adjudicated under the laws of the jurisdiction of the United States to be the biological father of a juvenile and who claims or is alleged to be the biological father of the juvenile; (6) "Relative" means an adult grandparent, adult aunt, or adult uncle of the child; and (7) "State or local government agency" means a department, a board, a bureau, a commission, an office, or other agency of this state or any local unit of government of this state. (b) (1) The Department of Human Services may request and receive information from the Federal Parent Locator Service, from available records in other states, territories, and the District of Columbia, from the records of all state agencies, and from businesses and financial entities for the purpose of locating a parent, a putative father, or a relative and for the purpose of determining resources of a parent or a putative father. (2) The Secretary of the Department of Human Services may enter into cooperative agreements with other state agencies, businesses, or financial entities to provide direct online access to data information terminals, computers, or other electronic information systems. (3) State and local government agencies, businesses, and financial entities shall provide information, if known or chronicled in their business records, notwithstanding any other provision of law making the information confidential. (4) In addition, the Department of Human Services may, under an agreement with the United States Secretary of Health and Human Services, or his or her designee, request and receive from the Federal Parent Locator Service information authorized under 42 U.S.C. § 653 , for the purpose of determining the whereabouts of a parent or child. This information may be requested and received when it is to be used to locate the parent or child for the purpose of enforcing a state or federal law with respect to the unlawful taking or restraining of a child or for the purpose of making or enforcing a child custody determination. (c) Any business or financial entity that has received a request from the Department of Human Services as provided by subsection (b) of this section shall further cooperate with the Department of Human Services in discovering, retrieving, and transmitting information contained in the business records that would be useful in locating absent parents or relatives and shall provide the requested information or a statement that any or all of the requested information is not known or available to the business or financial entity. This shall be done within thirty (30) days of receipt of the request, or the business or financial entity shall be liable for civil penalties of up to one hundred dollars ($100) for each day after the thirty-day period in which it fails to provide the requested information. (d) Any business or financial entity or any officer, agent, or employee of the business or financial entity participating in good faith and providing information requested under this section shall be immune from liability and suit for damages that might otherwise result from the release of the information to the Department of Human Services. (e) Any information obtained under the provisions of this section shall become a business record of the Department of Human Services, subject to the privacy safeguards set out in § 9-28-407 . Amended by Act 2019, No. 910,§ 5134, eff. 7/1/2019. Amended by Act 2015, No. 546,§ 1, eff. 7/22/2015 Acts 2011, No. 591, § 1

(a) As used in this section: (1) "Business" means any corporation, partnership, cable television company, association, individual, or utility company that is organized privately, as a cooperative, or as a quasi-public entity, and labor or other organization maintaining an office, doing business, or having a registered agent in the State of Arkansas; (2) "Financial entity" means any bank, trust company, savings and loan association, credit union, or insurance company or any corporation, association, partnership, or individual receiving or accepting money or its equivalent on deposit as a business in the State of Arkansas; (3) "Information" means, without limitation, the following: (A) The full name of a parent, a putative father, or relative; (B) The Social Security number of a parent or a putative father; (C) The date of birth of a parent, a putative father, or relative; (D) The last known mailing address and residential address of a parent, a putative father, or relative; (E) The amount of wages, salaries, earnings, or commissions earned by a parent or a putative father; and (F) A certified copy of an acknowledgement of paternity; (4) "Parent" means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has signed an acknowledgment of paternity pursuant to § 9-10-120 or who has been found by a court of competent jurisdiction to be the biological father of the juvenile; (5) "Putative father" means any man not deemed or adjudicated under the laws of the jurisdiction of the United States to be the biological father of a juvenile and who claims or is alleged to be the biological father of the juvenile; (6) "Relative" means an adult grandparent, adult aunt, or adult uncle of the child; and (7) "State or local government agency" means a department, a board, a bureau, a commission, an office, or other agency of this state or any local unit of government of this state.

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

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

(3) "Information" means, without limitation, the following: (A) The full name of a parent, a putative father, or relative; (B) The Social Security number of a parent or a putative father; (C) The date of birth of a parent, a putative father, or relative; (D) The last known mailing address and residential address of a parent, a putative father, or relative; (E) The amount of wages, salaries, earnings, or commissions earned by a parent or a putative father; and (F) A certified copy of an acknowledgement of paternity;

(A) The full name of a parent, a putative father, or relative;

(B) The Social Security number of a parent or a putative father;

(C) The date of birth of a parent, a putative father, or relative;

(D) The last known mailing address and residential address of a parent, a putative father, or relative;

(E) The amount of wages, salaries, earnings, or commissions earned by a parent or a putative father; and

(F) A certified copy of an acknowledgement of paternity;

(4) "Parent" means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or who has signed an acknowledgment of paternity pursuant to § 9-10-120 or who has been found by a court of competent jurisdiction to be the biological father of the juvenile;

(5) "Putative father" means any man not deemed or adjudicated under the laws of the jurisdiction of the United States to be the biological father of a juvenile and who claims or is alleged to be the biological father of the juvenile;

(6) "Relative" means an adult grandparent, adult aunt, or adult uncle of the child; and

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

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

(1) The Department of Human Services may request and receive information from the Federal Parent Locator Service, from available records in other states, territories, and the District of Columbia, from the records of all state agencies, and from businesses and financial entities for the purpose of locating a parent, a putative father, or a relative and for the purpose of determining resources of a parent or a putative father.

(2) The Secretary of the Department of Human Services may enter into cooperative agreements with other state agencies, businesses, or financial entities to provide direct online access to data information terminals, computers, or other electronic information systems.

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

(4) In addition, the Department of Human Services may, under an agreement with the United States Secretary of Health and Human Services, or his or her designee, request and receive from the Federal Parent Locator Service information authorized under 42 U.S.C. § 653 , for the purpose of determining the whereabouts of a parent or child. This information may be requested and received when it is to be used to locate the parent or child for the purpose of enforcing a state or federal law with respect to the unlawful taking or restraining of a child or for the purpose of making or enforcing a child custody determination.

(c) Any business or financial entity that has received a request from the Department of Human Services as provided by subsection (b) of this section shall further cooperate with the Department of Human Services in discovering, retrieving, and transmitting information contained in the business records that would be useful in locating absent parents or relatives and shall provide the requested information or a statement that any or all of the requested information is not known or available to the business or financial entity. This shall be done within thirty (30) days of receipt of the request, or the business or financial entity shall be liable for civil penalties of up to one hundred dollars ($100) for each day after the thirty-day period in which it fails to provide the requested information.

(d) Any business or financial entity or any officer, agent, or employee of the business or financial entity participating in good faith and providing information requested under this section shall be immune from liability and suit for damages that might otherwise result from the release of the information to the Department of Human Services.

(e) Any information obtained under the provisions of this section shall become a business record of the Department of Human Services, subject to the privacy safeguards set out in § 9-28-407 .

Amended by Act 2019, No. 910,§ 5134, eff. 7/1/2019.

Amended by Act 2015, No. 546,§ 1, eff. 7/22/2015

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-9-104 — AR Code / Title 9 / Chapter 9 / Subchapter 1 / Section 9-9-104
Adoption information collection
Status: in_force

(a) The General Assembly finds that: (1) There is a need for more information on adoptions that occur in Arkansas; (2) No governmental agency has the responsibility for gathering information on Arkansas adoptions; and (3) Without adequate data, the General Assembly cannot make informed decisions regarding changes that may need to be made to adoption laws. (b) The Office of Chief Counsel of the Department of Human Services shall prepare an adoption information sheet and shall distribute the information sheet to each of the circuit clerks in the state for distribution to each petitioner seeking to file an adoption pleading in the state. (c) Before the entry of an interlocutory or final decree of adoption, the petitioner shall complete the adoption information sheet and return it to the clerk. (d) The clerk shall mail the completed form to the Office of Chief Counsel of the Department of Human Services. (e) The adoption information sheet shall include without limitation: (1) The age of the minor to be adopted; (2) The state in which the minor was born; (3) The state in which the minor resided before the adoption; (4) The state of residence of the birth mother; (5) The age of each adoptive parent; (6) The state in which each adoptive parent resides; (7) Whether the adoption placement was made by a licensed Arkansas adoption agency and, if so, the name of the agency; (8) Whether the adoption placement was made by: (A) A private physician; (B) A private attorney; or (C) An out-of-state entity or individual; (9) Whether the adoptive parents are married or single; (10) Whether the adoptive parent is a stepparent or second-parent adoptive parent; (11) Whether the adoptive parent is a family member of the minor child; and (12) An approximate amount for costs paid by the petitioner in the adoption. (f) Personally identifiable information regarding the child to be adopted or regarding an adoptive parent shall not be requested or gathered on the adoption information sheet. Acts 2009, No. 1399, § 1

(a) The General Assembly finds that: (1) There is a need for more information on adoptions that occur in Arkansas; (2) No governmental agency has the responsibility for gathering information on Arkansas adoptions; and (3) Without adequate data, the General Assembly cannot make informed decisions regarding changes that may need to be made to adoption laws.

(1) There is a need for more information on adoptions that occur in Arkansas;

(2) No governmental agency has the responsibility for gathering information on Arkansas adoptions; and

(3) Without adequate data, the General Assembly cannot make informed decisions regarding changes that may need to be made to adoption laws.

(b) The Office of Chief Counsel of the Department of Human Services shall prepare an adoption information sheet and shall distribute the information sheet to each of the circuit clerks in the state for distribution to each petitioner seeking to file an adoption pleading in the state.

(c) Before the entry of an interlocutory or final decree of adoption, the petitioner shall complete the adoption information sheet and return it to the clerk.

(d) The clerk shall mail the completed form to the Office of Chief Counsel of the Department of Human Services.

(e) The adoption information sheet shall include without limitation: (1) The age of the minor to be adopted; (2) The state in which the minor was born; (3) The state in which the minor resided before the adoption; (4) The state of residence of the birth mother; (5) The age of each adoptive parent; (6) The state in which each adoptive parent resides; (7) Whether the adoption placement was made by a licensed Arkansas adoption agency and, if so, the name of the agency; (8) Whether the adoption placement was made by: (A) A private physician; (B) A private attorney; or (C) An out-of-state entity or individual; (9) Whether the adoptive parents are married or single; (10) Whether the adoptive parent is a stepparent or second-parent adoptive parent; (11) Whether the adoptive parent is a family member of the minor child; and (12) An approximate amount for costs paid by the petitioner in the adoption.

(1) The age of the minor to be adopted;

(2) The state in which the minor was born;

(3) The state in which the minor resided before the adoption;

(4) The state of residence of the birth mother;

(5) The age of each adoptive parent;

(6) The state in which each adoptive parent resides;

(7) Whether the adoption placement was made by a licensed Arkansas adoption agency and, if so, the name of the agency;

(8) Whether the adoption placement was made by: (A) A private physician; (B) A private attorney; or (C) An out-of-state entity or individual;

(A) A private physician;

(B) A private attorney; or

(C) An out-of-state entity or individual;

(9) Whether the adoptive parents are married or single;

(10) Whether the adoptive parent is a stepparent or second-parent adoptive parent;

(11) Whether the adoptive parent is a family member of the minor child; and

(12) An approximate amount for costs paid by the petitioner in the adoption.

(f) Personally identifiable information regarding the child to be adopted or regarding an adoptive parent shall not be requested or gathered on the adoption information sheet.

Acts 2009, No. 1399, § 1
Ark. Code Ann. § 9-27-502 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-502
Competency - Fitness to proceed - Lack of capacity
Status: in_force

(a) Except as provided in subsection (b) of this section, the provisions of § 5-2-301 et seq. shall apply to the following: (1) In any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court; and (2) In juvenile delinquency proceedings in which extended juvenile jurisdiction designation has been requested by any party and a party intends to raise lack of capacity as an affirmative defense. (b) (1) (A) For a juvenile under thirteen (13) years of age at the time of the alleged offense and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , there shall be a presumption that: (i) The juvenile is unfit to proceed; and (ii) He or she lacked capacity to: (a) Possess the necessary mental state required for the offense charged; (b) Conform his or her conduct to the requirements of law; and (c) Appreciate the criminality of his or her conduct. (B) The prosecution must overcome these presumptions by a preponderance of the evidence. (2) (A) For a juvenile under thirteen (13) years of age and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , the court shall order an evaluation to be performed in accordance with § 5-2-327 or § 5-2-328 , or both. (B) Upon an order for evaluation, all proceedings shall be suspended and the period of delay until the juvenile is determined fit to proceed shall constitute an excluded period for the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure. (3) The court shall require the prosecuting attorney to provide to the examiner any information relevant to the evaluation, including, but not limited to: (A) The names and addresses of all attorneys involved; (B) Information about the alleged offense; and (C) Any information about the juvenile's background that the prosecutor deems relevant. (4) The court may require the attorney for the juvenile to provide any available information relevant to the evaluation, including, but not limited to: (A) Psychiatric records; (B) School records; and (C) Medical records. (5) All information required under subdivisions (b)(3) and (4) of this section must be provided to the examiner within ten (10) days after the court order for the evaluation and, when possible, this information shall be received prior to the juvenile's admission to the facility providing the inpatient evaluation. (6) In assessing the juvenile's competency, the examiner shall: (A) (i) Obtain and review all records pertaining to the juvenile. (ii) This should include the information in subdivisions (b)(3) and (4) of this section and any other relevant records; (B) Consider the social, developmental, and legal history of the juvenile, as related by the juvenile and a parent or guardian, and any other relevant source; (C) Consider the current alleged offense; (D) Conduct a competence abilities interview of the juvenile; (E) Conduct an age-appropriate mental status exam using tests designed for juveniles; (F) Conduct an age-appropriate psychological evaluation using tests designed for juveniles; and (G) Consider any other relevant test or information. (7) (A) Evaluations shall be filed with the court and distributed to the parties within ninety (90) days from the date of the order requesting the evaluation. (B) All such reports shall be filed under seal with the court and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (C) The report shall include, but not be limited to, the following: (i) Identification of the juvenile and the charges; (ii) Listing of assessment methods used; (iii) Description of what the juvenile was told about the purpose of the evaluation; (iv) Social, clinical, and developmental history and the sources from which this information was obtained; (v) Mental status data, including any psychological testing conducted and results; (vi) Comprehensive intelligence testing; (vii) Competence data assessing the competence-to-stand-trial abilities; (viii) Interpretation of the data, including clinical or developmental explanations for any serious deficits in competence abilities; (ix) (a) An opinion as to the juvenile's fitness to proceed. (b) In reaching this opinion, the examiner shall consider and make written findings regarding the following: (1) Do the juvenile's capabilities entail: (A) An ability to understand and appreciate the charges and their seriousness; (B) An ability to understand and realistically appraise the likely outcomes; (C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events; (D) An ability to extend thinking into the future; (E) An ability to consider the impact of his or her actions on others; (F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and (G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and (2) Developmentally, does the juvenile have: (A) An ability to understand the charges; (B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process; (C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events; (D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies; (E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and (F) An ability to articulate his or her motives; and (x) (a) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to: (1) Possess the necessary mental state required for the offense charged; (2) Conform his or her conduct to the requirements of the law; and (3) Appreciate the criminality of his or her conduct. (b) In reaching this opinion, the examiner shall consider and make written findings with respect to the following questions regarding the juvenile's abilities and capacities: (1) Was the juvenile able to form the necessary intent; (2) Did the juvenile know which actions were wrong; (3) Did the juvenile have reasonably accurate expectations of the consequences of his or her actions; (4) Was the juvenile able to act of his or her own volition; (5) Did the juvenile have the capacity to behave intentionally; (6) Did the juvenile have the capacity to engage in logical decision-making; (7) Did the juvenile have the capacity to foresee the consequences of his or her actions; and (8) Did the juvenile have the capacity to exert control over his or her impulses and to resist peer pressure. (8) (A) Within thirty (30) days of the receipt of the evaluation report, the court shall first determine whether the juvenile is fit to proceed. (B) (i) The parties may stipulate to the findings and conclusions of the evaluation report and the court may enter an order with respect to fitness based thereon. (ii) (a) Otherwise, a hearing shall be conducted and in order for the court to find a juvenile fit to proceed, the prosecution shall be required to prove by a preponderance of the evidence the following: (1) The juvenile understands the charges and potential consequences; (2) The juvenile understands the trial process and proceedings against him or her; and (3) The juvenile has the capacity to effectively participate with and assist his or her attorney in a defense to prosecution. (b) The court shall issue written findings as to whether the prosecution has met its burden with respect to such issues and whether the juvenile is fit or unfit to proceed. (9) (A) If the juvenile is found unfit to proceed, the court shall commit the juvenile to the custody of the Department of Human Services or a residential treatment facility for a period not to exceed nine (9) months. (B) During this period, the facility responsible for the juvenile shall be required to report to the court and the parties at least every thirty (30) days on the juvenile's progress. (C) If fitness to proceed is not restored within nine (9) months, the court shall convert the delinquency petition to a family in need of services petition. (10) (A) If a juvenile is found fit to proceed, the court shall next conduct a hearing wherein the state shall be required to prove by a preponderance of the evidence that at the time the juvenile engaged in the conduct charged he or she had the capacity to: (i) Possess the necessary mental state required for the offense charged; (ii) Conform his or her conduct to the requirements of the law; and (iii) Appreciate the criminality of his or her conduct. (B) (i) In making the determination, the court shall consider the written findings of the examiner and any other relevant evidence and shall issue a written order with respect to the hearing. (ii) If the court finds that the state did not meet its burden with regard to the capacity of the charged offense, but the juvenile had the capacity for a lesser included offense, the court shall convert the extended juvenile jurisdiction petition to a delinquency petition. (iii) If the court finds the state did not meet its burden with regard to the capacity of the charged offense or a lesser included offense, the court shall convert the delinquency petition into a family in need of services petition. (iv) (a) If the court finds that the state met its burden with regard to the capacity, the court shall schedule a designation hearing as described in § 9-27-503 . (b) Such a finding by the court does not prevent the juvenile from raising the affirmative defense of lack of capacity at a subsequent adjudication hearing. Amended by Act 2017, No. 472,§ 25, eff. 8/1/2017 Acts 1999, No. 1192, § 2; 2007, No. 568, § 4

(a) Except as provided in subsection (b) of this section, the provisions of § 5-2-301 et seq. shall apply to the following: (1) In any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court; and (2) In juvenile delinquency proceedings in which extended juvenile jurisdiction designation has been requested by any party and a party intends to raise lack of capacity as an affirmative defense.

(1) In any juvenile delinquency proceeding in which the juvenile's fitness to proceed is put in issue by any party or the court; and

(2) In juvenile delinquency proceedings in which extended juvenile jurisdiction designation has been requested by any party and a party intends to raise lack of capacity as an affirmative defense.

(b) (1) (A) For a juvenile under thirteen (13) years of age at the time of the alleged offense and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , there shall be a presumption that: (i) The juvenile is unfit to proceed; and (ii) He or she lacked capacity to: (a) Possess the necessary mental state required for the offense charged; (b) Conform his or her conduct to the requirements of law; and (c) Appreciate the criminality of his or her conduct. (B) The prosecution must overcome these presumptions by a preponderance of the evidence. (2) (A) For a juvenile under thirteen (13) years of age and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , the court shall order an evaluation to be performed in accordance with § 5-2-327 or § 5-2-328 , or both. (B) Upon an order for evaluation, all proceedings shall be suspended and the period of delay until the juvenile is determined fit to proceed shall constitute an excluded period for the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure. (3) The court shall require the prosecuting attorney to provide to the examiner any information relevant to the evaluation, including, but not limited to: (A) The names and addresses of all attorneys involved; (B) Information about the alleged offense; and (C) Any information about the juvenile's background that the prosecutor deems relevant. (4) The court may require the attorney for the juvenile to provide any available information relevant to the evaluation, including, but not limited to: (A) Psychiatric records; (B) School records; and (C) Medical records. (5) All information required under subdivisions (b)(3) and (4) of this section must be provided to the examiner within ten (10) days after the court order for the evaluation and, when possible, this information shall be received prior to the juvenile's admission to the facility providing the inpatient evaluation. (6) In assessing the juvenile's competency, the examiner shall: (A) (i) Obtain and review all records pertaining to the juvenile. (ii) This should include the information in subdivisions (b)(3) and (4) of this section and any other relevant records; (B) Consider the social, developmental, and legal history of the juvenile, as related by the juvenile and a parent or guardian, and any other relevant source; (C) Consider the current alleged offense; (D) Conduct a competence abilities interview of the juvenile; (E) Conduct an age-appropriate mental status exam using tests designed for juveniles; (F) Conduct an age-appropriate psychological evaluation using tests designed for juveniles; and (G) Consider any other relevant test or information. (7) (A) Evaluations shall be filed with the court and distributed to the parties within ninety (90) days from the date of the order requesting the evaluation. (B) All such reports shall be filed under seal with the court and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (C) The report shall include, but not be limited to, the following: (i) Identification of the juvenile and the charges; (ii) Listing of assessment methods used; (iii) Description of what the juvenile was told about the purpose of the evaluation; (iv) Social, clinical, and developmental history and the sources from which this information was obtained; (v) Mental status data, including any psychological testing conducted and results; (vi) Comprehensive intelligence testing; (vii) Competence data assessing the competence-to-stand-trial abilities; (viii) Interpretation of the data, including clinical or developmental explanations for any serious deficits in competence abilities; (ix) (a) An opinion as to the juvenile's fitness to proceed. (b) In reaching this opinion, the examiner shall consider and make written findings regarding the following: (1) Do the juvenile's capabilities entail: (A) An ability to understand and appreciate the charges and their seriousness; (B) An ability to understand and realistically appraise the likely outcomes; (C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events; (D) An ability to extend thinking into the future; (E) An ability to consider the impact of his or her actions on others; (F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and (G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and (2) Developmentally, does the juvenile have: (A) An ability to understand the charges; (B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process; (C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events; (D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies; (E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and (F) An ability to articulate his or her motives; and (x) (a) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to: (1) Possess the necessary mental state required for the offense charged; (2) Conform his or her conduct to the requirements of the law; and (3) Appreciate the criminality of his or her conduct. (b) In reaching this opinion, the examiner shall consider and make written findings with respect to the following questions regarding the juvenile's abilities and capacities: (1) Was the juvenile able to form the necessary intent; (2) Did the juvenile know which actions were wrong; (3) Did the juvenile have reasonably accurate expectations of the consequences of his or her actions; (4) Was the juvenile able to act of his or her own volition; (5) Did the juvenile have the capacity to behave intentionally; (6) Did the juvenile have the capacity to engage in logical decision-making; (7) Did the juvenile have the capacity to foresee the consequences of his or her actions; and (8) Did the juvenile have the capacity to exert control over his or her impulses and to resist peer pressure. (8) (A) Within thirty (30) days of the receipt of the evaluation report, the court shall first determine whether the juvenile is fit to proceed. (B) (i) The parties may stipulate to the findings and conclusions of the evaluation report and the court may enter an order with respect to fitness based thereon. (ii) (a) Otherwise, a hearing shall be conducted and in order for the court to find a juvenile fit to proceed, the prosecution shall be required to prove by a preponderance of the evidence the following: (1) The juvenile understands the charges and potential consequences; (2) The juvenile understands the trial process and proceedings against him or her; and (3) The juvenile has the capacity to effectively participate with and assist his or her attorney in a defense to prosecution. (b) The court shall issue written findings as to whether the prosecution has met its burden with respect to such issues and whether the juvenile is fit or unfit to proceed. (9) (A) If the juvenile is found unfit to proceed, the court shall commit the juvenile to the custody of the Department of Human Services or a residential treatment facility for a period not to exceed nine (9) months. (B) During this period, the facility responsible for the juvenile shall be required to report to the court and the parties at least every thirty (30) days on the juvenile's progress. (C) If fitness to proceed is not restored within nine (9) months, the court shall convert the delinquency petition to a family in need of services petition. (10) (A) If a juvenile is found fit to proceed, the court shall next conduct a hearing wherein the state shall be required to prove by a preponderance of the evidence that at the time the juvenile engaged in the conduct charged he or she had the capacity to: (i) Possess the necessary mental state required for the offense charged; (ii) Conform his or her conduct to the requirements of the law; and (iii) Appreciate the criminality of his or her conduct. (B) (i) In making the determination, the court shall consider the written findings of the examiner and any other relevant evidence and shall issue a written order with respect to the hearing. (ii) If the court finds that the state did not meet its burden with regard to the capacity of the charged offense, but the juvenile had the capacity for a lesser included offense, the court shall convert the extended juvenile jurisdiction petition to a delinquency petition. (iii) If the court finds the state did not meet its burden with regard to the capacity of the charged offense or a lesser included offense, the court shall convert the delinquency petition into a family in need of services petition. (iv) (a) If the court finds that the state met its burden with regard to the capacity, the court shall schedule a designation hearing as described in § 9-27-503 . (b) Such a finding by the court does not prevent the juvenile from raising the affirmative defense of lack of capacity at a subsequent adjudication hearing.

(1) (A) For a juvenile under thirteen (13) years of age at the time of the alleged offense and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , there shall be a presumption that: (i) The juvenile is unfit to proceed; and (ii) He or she lacked capacity to: (a) Possess the necessary mental state required for the offense charged; (b) Conform his or her conduct to the requirements of law; and (c) Appreciate the criminality of his or her conduct. (B) The prosecution must overcome these presumptions by a preponderance of the evidence.

(A) For a juvenile under thirteen (13) years of age at the time of the alleged offense and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , there shall be a presumption that: (i) The juvenile is unfit to proceed; and (ii) He or she lacked capacity to: (a) Possess the necessary mental state required for the offense charged; (b) Conform his or her conduct to the requirements of law; and (c) Appreciate the criminality of his or her conduct.

(i) The juvenile is unfit to proceed; and

(ii) He or she lacked capacity to: (a) Possess the necessary mental state required for the offense charged; (b) Conform his or her conduct to the requirements of law; and (c) Appreciate the criminality of his or her conduct.

(a) Possess the necessary mental state required for the offense charged;

(b) Conform his or her conduct to the requirements of law; and

(c) Appreciate the criminality of his or her conduct.

(B) The prosecution must overcome these presumptions by a preponderance of the evidence.

(2) (A) For a juvenile under thirteen (13) years of age and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , the court shall order an evaluation to be performed in accordance with § 5-2-327 or § 5-2-328 , or both. (B) Upon an order for evaluation, all proceedings shall be suspended and the period of delay until the juvenile is determined fit to proceed shall constitute an excluded period for the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure.

(A) For a juvenile under thirteen (13) years of age and who is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , the court shall order an evaluation to be performed in accordance with § 5-2-327 or § 5-2-328 , or both.

(B) Upon an order for evaluation, all proceedings shall be suspended and the period of delay until the juvenile is determined fit to proceed shall constitute an excluded period for the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure.

(3) The court shall require the prosecuting attorney to provide to the examiner any information relevant to the evaluation, including, but not limited to: (A) The names and addresses of all attorneys involved; (B) Information about the alleged offense; and (C) Any information about the juvenile's background that the prosecutor deems relevant.

(A) The names and addresses of all attorneys involved;

(B) Information about the alleged offense; and

(C) Any information about the juvenile's background that the prosecutor deems relevant.

(4) The court may require the attorney for the juvenile to provide any available information relevant to the evaluation, including, but not limited to: (A) Psychiatric records; (B) School records; and (C) Medical records.

(A) Psychiatric records;

(B) School records; and

(C) Medical records.

(5) All information required under subdivisions (b)(3) and (4) of this section must be provided to the examiner within ten (10) days after the court order for the evaluation and, when possible, this information shall be received prior to the juvenile's admission to the facility providing the inpatient evaluation.

(6) In assessing the juvenile's competency, the examiner shall: (A) (i) Obtain and review all records pertaining to the juvenile. (ii) This should include the information in subdivisions (b)(3) and (4) of this section and any other relevant records; (B) Consider the social, developmental, and legal history of the juvenile, as related by the juvenile and a parent or guardian, and any other relevant source; (C) Consider the current alleged offense; (D) Conduct a competence abilities interview of the juvenile; (E) Conduct an age-appropriate mental status exam using tests designed for juveniles; (F) Conduct an age-appropriate psychological evaluation using tests designed for juveniles; and (G) Consider any other relevant test or information.

(A) (i) Obtain and review all records pertaining to the juvenile. (ii) This should include the information in subdivisions (b)(3) and (4) of this section and any other relevant records;

(i) Obtain and review all records pertaining to the juvenile.

(ii) This should include the information in subdivisions (b)(3) and (4) of this section and any other relevant records;

(B) Consider the social, developmental, and legal history of the juvenile, as related by the juvenile and a parent or guardian, and any other relevant source;

(C) Consider the current alleged offense;

(D) Conduct a competence abilities interview of the juvenile;

(E) Conduct an age-appropriate mental status exam using tests designed for juveniles;

(F) Conduct an age-appropriate psychological evaluation using tests designed for juveniles; and

(G) Consider any other relevant test or information.

(7) (A) Evaluations shall be filed with the court and distributed to the parties within ninety (90) days from the date of the order requesting the evaluation. (B) All such reports shall be filed under seal with the court and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (C) The report shall include, but not be limited to, the following: (i) Identification of the juvenile and the charges; (ii) Listing of assessment methods used; (iii) Description of what the juvenile was told about the purpose of the evaluation; (iv) Social, clinical, and developmental history and the sources from which this information was obtained; (v) Mental status data, including any psychological testing conducted and results; (vi) Comprehensive intelligence testing; (vii) Competence data assessing the competence-to-stand-trial abilities; (viii) Interpretation of the data, including clinical or developmental explanations for any serious deficits in competence abilities; (ix) (a) An opinion as to the juvenile's fitness to proceed. (b) In reaching this opinion, the examiner shall consider and make written findings regarding the following: (1) Do the juvenile's capabilities entail: (A) An ability to understand and appreciate the charges and their seriousness; (B) An ability to understand and realistically appraise the likely outcomes; (C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events; (D) An ability to extend thinking into the future; (E) An ability to consider the impact of his or her actions on others; (F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and (G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and (2) Developmentally, does the juvenile have: (A) An ability to understand the charges; (B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process; (C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events; (D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies; (E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and (F) An ability to articulate his or her motives; and (x) (a) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to: (1) Possess the necessary mental state required for the offense charged; (2) Conform his or her conduct to the requirements of the law; and (3) Appreciate the criminality of his or her conduct. (b) In reaching this opinion, the examiner shall consider and make written findings with respect to the following questions regarding the juvenile's abilities and capacities: (1) Was the juvenile able to form the necessary intent; (2) Did the juvenile know which actions were wrong; (3) Did the juvenile have reasonably accurate expectations of the consequences of his or her actions; (4) Was the juvenile able to act of his or her own volition; (5) Did the juvenile have the capacity to behave intentionally; (6) Did the juvenile have the capacity to engage in logical decision-making; (7) Did the juvenile have the capacity to foresee the consequences of his or her actions; and (8) Did the juvenile have the capacity to exert control over his or her impulses and to resist peer pressure.

(A) Evaluations shall be filed with the court and distributed to the parties within ninety (90) days from the date of the order requesting the evaluation.

(B) All such reports shall be filed under seal with the court and shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(C) The report shall include, but not be limited to, the following: (i) Identification of the juvenile and the charges; (ii) Listing of assessment methods used; (iii) Description of what the juvenile was told about the purpose of the evaluation; (iv) Social, clinical, and developmental history and the sources from which this information was obtained; (v) Mental status data, including any psychological testing conducted and results; (vi) Comprehensive intelligence testing; (vii) Competence data assessing the competence-to-stand-trial abilities; (viii) Interpretation of the data, including clinical or developmental explanations for any serious deficits in competence abilities; (ix) (a) An opinion as to the juvenile's fitness to proceed. (b) In reaching this opinion, the examiner shall consider and make written findings regarding the following: (1) Do the juvenile's capabilities entail: (A) An ability to understand and appreciate the charges and their seriousness; (B) An ability to understand and realistically appraise the likely outcomes; (C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events; (D) An ability to extend thinking into the future; (E) An ability to consider the impact of his or her actions on others; (F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and (G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and (2) Developmentally, does the juvenile have: (A) An ability to understand the charges; (B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process; (C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events; (D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies; (E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and (F) An ability to articulate his or her motives; and (x) (a) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to: (1) Possess the necessary mental state required for the offense charged; (2) Conform his or her conduct to the requirements of the law; and (3) Appreciate the criminality of his or her conduct. (b) In reaching this opinion, the examiner shall consider and make written findings with respect to the following questions regarding the juvenile's abilities and capacities: (1) Was the juvenile able to form the necessary intent; (2) Did the juvenile know which actions were wrong; (3) Did the juvenile have reasonably accurate expectations of the consequences of his or her actions; (4) Was the juvenile able to act of his or her own volition; (5) Did the juvenile have the capacity to behave intentionally; (6) Did the juvenile have the capacity to engage in logical decision-making; (7) Did the juvenile have the capacity to foresee the consequences of his or her actions; and (8) Did the juvenile have the capacity to exert control over his or her impulses and to resist peer pressure.

(i) Identification of the juvenile and the charges;

(ii) Listing of assessment methods used;

(iii) Description of what the juvenile was told about the purpose of the evaluation;

(iv) Social, clinical, and developmental history and the sources from which this information was obtained;

(v) Mental status data, including any psychological testing conducted and results;

(vi) Comprehensive intelligence testing;

(vii) Competence data assessing the competence-to-stand-trial abilities;

(viii) Interpretation of the data, including clinical or developmental explanations for any serious deficits in competence abilities;

(ix) (a) An opinion as to the juvenile's fitness to proceed. (b) In reaching this opinion, the examiner shall consider and make written findings regarding the following: (1) Do the juvenile's capabilities entail: (A) An ability to understand and appreciate the charges and their seriousness; (B) An ability to understand and realistically appraise the likely outcomes; (C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events; (D) An ability to extend thinking into the future; (E) An ability to consider the impact of his or her actions on others; (F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and (G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and (2) Developmentally, does the juvenile have: (A) An ability to understand the charges; (B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process; (C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events; (D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies; (E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and (F) An ability to articulate his or her motives; and

(a) An opinion as to the juvenile's fitness to proceed.

(b) In reaching this opinion, the examiner shall consider and make written findings regarding the following: (1) Do the juvenile's capabilities entail: (A) An ability to understand and appreciate the charges and their seriousness; (B) An ability to understand and realistically appraise the likely outcomes; (C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events; (D) An ability to extend thinking into the future; (E) An ability to consider the impact of his or her actions on others; (F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and (G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and (2) Developmentally, does the juvenile have: (A) An ability to understand the charges; (B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process; (C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events; (D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies; (E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and (F) An ability to articulate his or her motives; and

(1) Do the juvenile's capabilities entail: (A) An ability to understand and appreciate the charges and their seriousness; (B) An ability to understand and realistically appraise the likely outcomes; (C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events; (D) An ability to extend thinking into the future; (E) An ability to consider the impact of his or her actions on others; (F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and (G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and

(A) An ability to understand and appreciate the charges and their seriousness;

(B) An ability to understand and realistically appraise the likely outcomes;

(C) A reliable episodic memory so that he or she can accurately and reliably relate a sequence of events;

(D) An ability to extend thinking into the future;

(E) An ability to consider the impact of his or her actions on others;

(F) Verbal articulation abilities or the ability to express himself or herself in a reasonable and coherent manner; and

(G) Logical decision-making abilities, particularly multifactored problem solving or the ability to take several factors into consideration in making a decision; and

(2) Developmentally, does the juvenile have: (A) An ability to understand the charges; (B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process; (C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events; (D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies; (E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and (F) An ability to articulate his or her motives; and

(A) An ability to understand the charges;

(B) An ability to understand the roles of participants in the trial process, i.e., judge, defense attorney, prosecutor, witnesses, and jury and understand the adversarial nature of the process;

(C) An ability to adequately trust and work collaboratively with his or her attorney and provide a reliable recounting of events;

(D) An ability to reason about available options by weighing their consequences, including, but not limited to, weighing pleas, waivers, and strategies;

(E) An ability to disclose to an attorney a reasonably coherent description of facts pertaining to the charges, as perceived by the juvenile; and

(F) An ability to articulate his or her motives; and

(x) (a) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to: (1) Possess the necessary mental state required for the offense charged; (2) Conform his or her conduct to the requirements of the law; and (3) Appreciate the criminality of his or her conduct. (b) In reaching this opinion, the examiner shall consider and make written findings with respect to the following questions regarding the juvenile's abilities and capacities: (1) Was the juvenile able to form the necessary intent; (2) Did the juvenile know which actions were wrong; (3) Did the juvenile have reasonably accurate expectations of the consequences of his or her actions; (4) Was the juvenile able to act of his or her own volition; (5) Did the juvenile have the capacity to behave intentionally; (6) Did the juvenile have the capacity to engage in logical decision-making; (7) Did the juvenile have the capacity to foresee the consequences of his or her actions; and (8) Did the juvenile have the capacity to exert control over his or her impulses and to resist peer pressure.

(a) An opinion as to whether at the time the juvenile engaged in the conduct charged, as a result of immaturity or mental disease or defect, the juvenile lacked capacity to: (1) Possess the necessary mental state required for the offense charged; (2) Conform his or her conduct to the requirements of the law; and (3) Appreciate the criminality of his or her conduct.

(1) Possess the necessary mental state required for the offense charged;

(2) Conform his or her conduct to the requirements of the law; and

(3) Appreciate the criminality of his or her conduct.

(b) In reaching this opinion, the examiner shall consider and make written findings with respect to the following questions regarding the juvenile's abilities and capacities: (1) Was the juvenile able to form the necessary intent; (2) Did the juvenile know which actions were wrong; (3) Did the juvenile have reasonably accurate expectations of the consequences of his or her actions; (4) Was the juvenile able to act of his or her own volition; (5) Did the juvenile have the capacity to behave intentionally; (6) Did the juvenile have the capacity to engage in logical decision-making; (7) Did the juvenile have the capacity to foresee the consequences of his or her actions; and (8) Did the juvenile have the capacity to exert control over his or her impulses and to resist peer pressure.

(1) Was the juvenile able to form the necessary intent;

(2) Did the juvenile know which actions were wrong;

(3) Did the juvenile have reasonably accurate expectations of the consequences of his or her actions;

(4) Was the juvenile able to act of his or her own volition;

(5) Did the juvenile have the capacity to behave intentionally;

(6) Did the juvenile have the capacity to engage in logical decision-making;

(7) Did the juvenile have the capacity to foresee the consequences of his or her actions; and

(8) Did the juvenile have the capacity to exert control over his or her impulses and to resist peer pressure.

(8) (A) Within thirty (30) days of the receipt of the evaluation report, the court shall first determine whether the juvenile is fit to proceed. (B) (i) The parties may stipulate to the findings and conclusions of the evaluation report and the court may enter an order with respect to fitness based thereon. (ii) (a) Otherwise, a hearing shall be conducted and in order for the court to find a juvenile fit to proceed, the prosecution shall be required to prove by a preponderance of the evidence the following: (1) The juvenile understands the charges and potential consequences; (2) The juvenile understands the trial process and proceedings against him or her; and (3) The juvenile has the capacity to effectively participate with and assist his or her attorney in a defense to prosecution. (b) The court shall issue written findings as to whether the prosecution has met its burden with respect to such issues and whether the juvenile is fit or unfit to proceed.

(A) Within thirty (30) days of the receipt of the evaluation report, the court shall first determine whether the juvenile is fit to proceed.

(B) (i) The parties may stipulate to the findings and conclusions of the evaluation report and the court may enter an order with respect to fitness based thereon. (ii) (a) Otherwise, a hearing shall be conducted and in order for the court to find a juvenile fit to proceed, the prosecution shall be required to prove by a preponderance of the evidence the following: (1) The juvenile understands the charges and potential consequences; (2) The juvenile understands the trial process and proceedings against him or her; and (3) The juvenile has the capacity to effectively participate with and assist his or her attorney in a defense to prosecution. (b) The court shall issue written findings as to whether the prosecution has met its burden with respect to such issues and whether the juvenile is fit or unfit to proceed.

(i) The parties may stipulate to the findings and conclusions of the evaluation report and the court may enter an order with respect to fitness based thereon.

(ii) (a) Otherwise, a hearing shall be conducted and in order for the court to find a juvenile fit to proceed, the prosecution shall be required to prove by a preponderance of the evidence the following: (1) The juvenile understands the charges and potential consequences; (2) The juvenile understands the trial process and proceedings against him or her; and (3) The juvenile has the capacity to effectively participate with and assist his or her attorney in a defense to prosecution. (b) The court shall issue written findings as to whether the prosecution has met its burden with respect to such issues and whether the juvenile is fit or unfit to proceed.

(a) Otherwise, a hearing shall be conducted and in order for the court to find a juvenile fit to proceed, the prosecution shall be required to prove by a preponderance of the evidence the following: (1) The juvenile understands the charges and potential consequences; (2) The juvenile understands the trial process and proceedings against him or her; and (3) The juvenile has the capacity to effectively participate with and assist his or her attorney in a defense to prosecution.

(1) The juvenile understands the charges and potential consequences;

(2) The juvenile understands the trial process and proceedings against him or her; and

(3) The juvenile has the capacity to effectively participate with and assist his or her attorney in a defense to prosecution.

(b) The court shall issue written findings as to whether the prosecution has met its burden with respect to such issues and whether the juvenile is fit or unfit to proceed.

(9) (A) If the juvenile is found unfit to proceed, the court shall commit the juvenile to the custody of the Department of Human Services or a residential treatment facility for a period not to exceed nine (9) months. (B) During this period, the facility responsible for the juvenile shall be required to report to the court and the parties at least every thirty (30) days on the juvenile's progress. (C) If fitness to proceed is not restored within nine (9) months, the court shall convert the delinquency petition to a family in need of services petition.

(A) If the juvenile is found unfit to proceed, the court shall commit the juvenile to the custody of the Department of Human Services or a residential treatment facility for a period not to exceed nine (9) months.

(B) During this period, the facility responsible for the juvenile shall be required to report to the court and the parties at least every thirty (30) days on the juvenile's progress.

(C) If fitness to proceed is not restored within nine (9) months, the court shall convert the delinquency petition to a family in need of services petition.

(10) (A) If a juvenile is found fit to proceed, the court shall next conduct a hearing wherein the state shall be required to prove by a preponderance of the evidence that at the time the juvenile engaged in the conduct charged he or she had the capacity to: (i) Possess the necessary mental state required for the offense charged; (ii) Conform his or her conduct to the requirements of the law; and (iii) Appreciate the criminality of his or her conduct. (B) (i) In making the determination, the court shall consider the written findings of the examiner and any other relevant evidence and shall issue a written order with respect to the hearing. (ii) If the court finds that the state did not meet its burden with regard to the capacity of the charged offense, but the juvenile had the capacity for a lesser included offense, the court shall convert the extended juvenile jurisdiction petition to a delinquency petition. (iii) If the court finds the state did not meet its burden with regard to the capacity of the charged offense or a lesser included offense, the court shall convert the delinquency petition into a family in need of services petition. (iv) (a) If the court finds that the state met its burden with regard to the capacity, the court shall schedule a designation hearing as described in § 9-27-503 . (b) Such a finding by the court does not prevent the juvenile from raising the affirmative defense of lack of capacity at a subsequent adjudication hearing.

(A) If a juvenile is found fit to proceed, the court shall next conduct a hearing wherein the state shall be required to prove by a preponderance of the evidence that at the time the juvenile engaged in the conduct charged he or she had the capacity to: (i) Possess the necessary mental state required for the offense charged; (ii) Conform his or her conduct to the requirements of the law; and (iii) Appreciate the criminality of his or her conduct.

(i) Possess the necessary mental state required for the offense charged;

(ii) Conform his or her conduct to the requirements of the law; and

(iii) Appreciate the criminality of his or her conduct.

(B) (i) In making the determination, the court shall consider the written findings of the examiner and any other relevant evidence and shall issue a written order with respect to the hearing. (ii) If the court finds that the state did not meet its burden with regard to the capacity of the charged offense, but the juvenile had the capacity for a lesser included offense, the court shall convert the extended juvenile jurisdiction petition to a delinquency petition. (iii) If the court finds the state did not meet its burden with regard to the capacity of the charged offense or a lesser included offense, the court shall convert the delinquency petition into a family in need of services petition. (iv) (a) If the court finds that the state met its burden with regard to the capacity, the court shall schedule a designation hearing as described in § 9-27-503 . (b) Such a finding by the court does not prevent the juvenile from raising the affirmative defense of lack of capacity at a subsequent adjudication hearing.

(i) In making the determination, the court shall consider the written findings of the examiner and any other relevant evidence and shall issue a written order with respect to the hearing.

(ii) If the court finds that the state did not meet its burden with regard to the capacity of the charged offense, but the juvenile had the capacity for a lesser included offense, the court shall convert the extended juvenile jurisdiction petition to a delinquency petition.

(iii) If the court finds the state did not meet its burden with regard to the capacity of the charged offense or a lesser included offense, the court shall convert the delinquency petition into a family in need of services petition.

(iv) (a) If the court finds that the state met its burden with regard to the capacity, the court shall schedule a designation hearing as described in § 9-27-503 . (b) Such a finding by the court does not prevent the juvenile from raising the affirmative defense of lack of capacity at a subsequent adjudication hearing.

(a) If the court finds that the state met its burden with regard to the capacity, the court shall schedule a designation hearing as described in § 9-27-503 .

(b) Such a finding by the court does not prevent the juvenile from raising the affirmative defense of lack of capacity at a subsequent adjudication hearing.

Amended by Act 2017, No. 472,§ 25, eff. 8/1/2017

Acts 1999, No. 1192, § 2; 2007, No. 568, § 4
Ark. Code Ann. § 9-28-114 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-114
Foster youth transition
Status: in_force

(a) The General Assembly finds that: (1) Each juvenile in foster care should have a family for a lifetime, but too many juveniles in foster care reach the age of majority without being successfully reunited with their biological families and without the security of permanent homes; (2) A child in foster care who is approaching the age of majority shall be provided the opportunity to be actively engaged in the planning of his or her future; and (3) The Department of Human Services shall: (A) Include the child in the process of developing a plan to transition the child into adulthood; (B) Empower the child with information about all of the options and services available; (C) Provide the child with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter adulthood; (D) Assist the child in developing and maintaining healthy relationships with nurturing adults who can be resources and positive guiding influences in his or her life after he or she leaves foster care; (E) Provide the child with basic information and documentation regarding his or her biological family and personal history; (F) Offer an extended foster care program that provides: (i) Case management services and supports; and (ii) Financial assistance with room and board costs for a juvenile who: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age or such other age as may be required under federal law; (c) Wishes to participate in extended foster care to benefit from the program; and (d) Either: (1) Is completing secondary education or a program leading to an equivalent credential; (2) Is enrolled in an institution that provides postsecondary or vocational education; (3) Is participating in a program or activity designed to promote or remove barriers to employment; (4) Is employed for at least eighty (80) hours per month; (5) Has a viable plan to meet the requirements of subdivisions (a)(3)(F)(ii) (d)(1)-(4) of this section; or (6) Is incapable of doing any of the activities listed in subdivisions (a)(3)(F)(ii) (d)(1)-(5) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; (G) (i) Allow a juvenile described in subdivisions (a)(3)(F)(ii) (a)-(d) of this section who left foster care to reenter the extended foster care program if the juvenile submits a request in writing or in person to the department for his or her return to foster care. (ii) The department may discharge a juvenile from the extended foster care program if the juvenile: (a) Is over eighteen (18) years of age; (b) Reenters extended foster care after having his or her request to reenter foster care approved; and (c) Fails to engage in or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section for more than sixty (60) days; and (H) Recognize that participation in extended foster care does not impede or otherwise alter any right afforded to the youth by virtue of his or her age of majority including without limitation the right to consent to medical treatment or enter into contracts. (b) (1) The department shall assist a juvenile in foster care or entering foster care with the development of a transitional life plan when the juvenile turns fourteen (14) years of age or within ninety (90) days of his or her fourteenth birthday, whichever occurs first. (2) The plan shall include without limitation written information and confirmation concerning: (A) The juvenile's right to stay in extended foster care after reaching eighteen (18) years of age in order to participate in specific transitional programs and services, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood; and (B) The juvenile's case, including his or her biological family, foster care placement history, tribal information, if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to a sibling would jeopardize the safety or welfare of the sibling. (c) The department shall assist the juvenile with: (1) Completing applications for: (A) ARKids First, Medicaid, or assistance in obtaining other health insurance; (B) Referrals to transitional housing, if available, or assistance in securing other housing; and (C) Assistance in obtaining employment or other financial support; (2) Applying for admission to a college or university, to a vocational training program, or to another educational institution and in obtaining financial aid, when appropriate; and (3) Developing and maintaining relationships with individuals who are important to the juvenile and who may serve as resources based on the best interest of the juvenile. (d) A juvenile and his or her attorney shall fully participate in the development of his or her transitional plan, to the extent that the juvenile is able to participate medically and developmentally. (e) (1) If a juvenile does not have the capacity to successfully transition into adulthood without the assistance of the Office of Public Guardian for Adults, the Division of Children and Family Services shall make a referral to the office no later than six (6) months before the juvenile reaches eighteen (18) years of age or upon entering foster care, whichever occurs later. (2) A representative from the office shall attend and participate in the transitional youth staffing, and information shall be provided to all of the parties about what services are available and how to access services for the youth after reaching the age of majority. (f) Before closing a case, the department shall provide a juvenile in foster care who reaches eighteen (18) years of age or before leaving foster care, whichever is later, his or her: (1) Social Security card; (2) Certified birth certificate or verification of birth record, if available or if it should have been available to the department; (3) Family photos in the possession of the department; (4) (A) All of the juvenile's health records for the time the juvenile was in foster care and any other medical records that were available or should have been available to the department. (B) A juvenile who reaches eighteen (18) years of age and remains in foster care shall not be prevented from requesting that his or her health records remain private; (5) All of the juvenile's educational records for the time the juvenile was in foster care and any other educational records that were available or should have been available to the department; and (6) Driver's license or a state-issued official identification card. (g) Within thirty (30) days after the juvenile leaves foster care, the department shall provide the juvenile a full accounting of all funds held by the department to which he or she is entitled, information on how to access the funds, and when the funds will be available. (h) The department shall not request a circuit court to close a family-in-need-of-services case or dependency-neglect case involving a juvenile in foster care until the department complies with this section. (i) The department shall provide notice to the juvenile and his or her attorney before a hearing in which the department or another party requests a court to close the case is held. (j) Nothing in this subchapter prohibits a child in the custody of the department from sharing at his or her discretion information concerning his or her experience with the department after consultation with his or her assigned attorney ad litem. Amended by Act 2021, No. 791,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 791,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 316,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 316,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 663,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 1033,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1038,§ 8, eff. 4/4/2015 Acts 2011, No. 591, § 1

(a) The General Assembly finds that: (1) Each juvenile in foster care should have a family for a lifetime, but too many juveniles in foster care reach the age of majority without being successfully reunited with their biological families and without the security of permanent homes; (2) A child in foster care who is approaching the age of majority shall be provided the opportunity to be actively engaged in the planning of his or her future; and (3) The Department of Human Services shall: (A) Include the child in the process of developing a plan to transition the child into adulthood; (B) Empower the child with information about all of the options and services available; (C) Provide the child with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter adulthood; (D) Assist the child in developing and maintaining healthy relationships with nurturing adults who can be resources and positive guiding influences in his or her life after he or she leaves foster care; (E) Provide the child with basic information and documentation regarding his or her biological family and personal history; (F) Offer an extended foster care program that provides: (i) Case management services and supports; and (ii) Financial assistance with room and board costs for a juvenile who: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age or such other age as may be required under federal law; (c) Wishes to participate in extended foster care to benefit from the program; and (d) Either: (1) Is completing secondary education or a program leading to an equivalent credential; (2) Is enrolled in an institution that provides postsecondary or vocational education; (3) Is participating in a program or activity designed to promote or remove barriers to employment; (4) Is employed for at least eighty (80) hours per month; (5) Has a viable plan to meet the requirements of subdivisions (a)(3)(F)(ii) (d)(1)-(4) of this section; or (6) Is incapable of doing any of the activities listed in subdivisions (a)(3)(F)(ii) (d)(1)-(5) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; (G) (i) Allow a juvenile described in subdivisions (a)(3)(F)(ii) (a)-(d) of this section who left foster care to reenter the extended foster care program if the juvenile submits a request in writing or in person to the department for his or her return to foster care. (ii) The department may discharge a juvenile from the extended foster care program if the juvenile: (a) Is over eighteen (18) years of age; (b) Reenters extended foster care after having his or her request to reenter foster care approved; and (c) Fails to engage in or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section for more than sixty (60) days; and (H) Recognize that participation in extended foster care does not impede or otherwise alter any right afforded to the youth by virtue of his or her age of majority including without limitation the right to consent to medical treatment or enter into contracts.

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

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

(3) The Department of Human Services shall: (A) Include the child in the process of developing a plan to transition the child into adulthood; (B) Empower the child with information about all of the options and services available; (C) Provide the child with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to receive the skills necessary to enter adulthood; (D) Assist the child in developing and maintaining healthy relationships with nurturing adults who can be resources and positive guiding influences in his or her life after he or she leaves foster care; (E) Provide the child with basic information and documentation regarding his or her biological family and personal history; (F) Offer an extended foster care program that provides: (i) Case management services and supports; and (ii) Financial assistance with room and board costs for a juvenile who: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age or such other age as may be required under federal law; (c) Wishes to participate in extended foster care to benefit from the program; and (d) Either: (1) Is completing secondary education or a program leading to an equivalent credential; (2) Is enrolled in an institution that provides postsecondary or vocational education; (3) Is participating in a program or activity designed to promote or remove barriers to employment; (4) Is employed for at least eighty (80) hours per month; (5) Has a viable plan to meet the requirements of subdivisions (a)(3)(F)(ii) (d)(1)-(4) of this section; or (6) Is incapable of doing any of the activities listed in subdivisions (a)(3)(F)(ii) (d)(1)-(5) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile; (G) (i) Allow a juvenile described in subdivisions (a)(3)(F)(ii) (a)-(d) of this section who left foster care to reenter the extended foster care program if the juvenile submits a request in writing or in person to the department for his or her return to foster care. (ii) The department may discharge a juvenile from the extended foster care program if the juvenile: (a) Is over eighteen (18) years of age; (b) Reenters extended foster care after having his or her request to reenter foster care approved; and (c) Fails to engage in or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section for more than sixty (60) days; and (H) Recognize that participation in extended foster care does not impede or otherwise alter any right afforded to the youth by virtue of his or her age of majority including without limitation the right to consent to medical treatment or enter into contracts.

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

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

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

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

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

(F) Offer an extended foster care program that provides: (i) Case management services and supports; and (ii) Financial assistance with room and board costs for a juvenile who: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age or such other age as may be required under federal law; (c) Wishes to participate in extended foster care to benefit from the program; and (d) Either: (1) Is completing secondary education or a program leading to an equivalent credential; (2) Is enrolled in an institution that provides postsecondary or vocational education; (3) Is participating in a program or activity designed to promote or remove barriers to employment; (4) Is employed for at least eighty (80) hours per month; (5) Has a viable plan to meet the requirements of subdivisions (a)(3)(F)(ii) (d)(1)-(4) of this section; or (6) Is incapable of doing any of the activities listed in subdivisions (a)(3)(F)(ii) (d)(1)-(5) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile;

(i) Case management services and supports; and

(ii) Financial assistance with room and board costs for a juvenile who: (a) Was adjudicated dependent or dependent-neglected; (b) Was in foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age or such other age as may be required under federal law; (c) Wishes to participate in extended foster care to benefit from the program; and (d) Either: (1) Is completing secondary education or a program leading to an equivalent credential; (2) Is enrolled in an institution that provides postsecondary or vocational education; (3) Is participating in a program or activity designed to promote or remove barriers to employment; (4) Is employed for at least eighty (80) hours per month; (5) Has a viable plan to meet the requirements of subdivisions (a)(3)(F)(ii) (d)(1)-(4) of this section; or (6) Is incapable of doing any of the activities listed in subdivisions (a)(3)(F)(ii) (d)(1)-(5) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile;

(a) Was adjudicated dependent or dependent-neglected;

(b) Was in foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age or such other age as may be required under federal law;

(c) Wishes to participate in extended foster care to benefit from the program; and

(d) Either: (1) Is completing secondary education or a program leading to an equivalent credential; (2) Is enrolled in an institution that provides postsecondary or vocational education; (3) Is participating in a program or activity designed to promote or remove barriers to employment; (4) Is employed for at least eighty (80) hours per month; (5) Has a viable plan to meet the requirements of subdivisions (a)(3)(F)(ii) (d)(1)-(4) of this section; or (6) Is incapable of doing any of the activities listed in subdivisions (a)(3)(F)(ii) (d)(1)-(5) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile;

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

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

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

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

(5) Has a viable plan to meet the requirements of subdivisions (a)(3)(F)(ii) (d)(1)-(4) of this section; or

(6) Is incapable of doing any of the activities listed in subdivisions (a)(3)(F)(ii) (d)(1)-(5) of this section due to a medical condition, which incapability is supported by regularly updated information in the case plan of the juvenile;

(G) (i) Allow a juvenile described in subdivisions (a)(3)(F)(ii) (a)-(d) of this section who left foster care to reenter the extended foster care program if the juvenile submits a request in writing or in person to the department for his or her return to foster care. (ii) The department may discharge a juvenile from the extended foster care program if the juvenile: (a) Is over eighteen (18) years of age; (b) Reenters extended foster care after having his or her request to reenter foster care approved; and (c) Fails to engage in or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section for more than sixty (60) days; and

(i) Allow a juvenile described in subdivisions (a)(3)(F)(ii) (a)-(d) of this section who left foster care to reenter the extended foster care program if the juvenile submits a request in writing or in person to the department for his or her return to foster care.

(ii) The department may discharge a juvenile from the extended foster care program if the juvenile: (a) Is over eighteen (18) years of age; (b) Reenters extended foster care after having his or her request to reenter foster care approved; and (c) Fails to engage in or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section for more than sixty (60) days; and

(a) Is over eighteen (18) years of age;

(b) Reenters extended foster care after having his or her request to reenter foster care approved; and

(c) Fails to engage in or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section or have a viable plan to meet the requirements listed in subdivision (a)(3)(F)(ii) (d) of this section for more than sixty (60) days; and

(H) Recognize that participation in extended foster care does not impede or otherwise alter any right afforded to the youth by virtue of his or her age of majority including without limitation the right to consent to medical treatment or enter into contracts.

(b) (1) The department shall assist a juvenile in foster care or entering foster care with the development of a transitional life plan when the juvenile turns fourteen (14) years of age or within ninety (90) days of his or her fourteenth birthday, whichever occurs first. (2) The plan shall include without limitation written information and confirmation concerning: (A) The juvenile's right to stay in extended foster care after reaching eighteen (18) years of age in order to participate in specific transitional programs and services, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood; and (B) The juvenile's case, including his or her biological family, foster care placement history, tribal information, if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to a sibling would jeopardize the safety or welfare of the sibling.

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

(2) The plan shall include without limitation written information and confirmation concerning: (A) The juvenile's right to stay in extended foster care after reaching eighteen (18) years of age in order to participate in specific transitional programs and services, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood; and (B) The juvenile's case, including his or her biological family, foster care placement history, tribal information, if applicable, and the whereabouts of siblings, if any, unless a court determines that release of information pertaining to a sibling would jeopardize the safety or welfare of the sibling.

(A) The juvenile's right to stay in extended foster care after reaching eighteen (18) years of age in order to participate in specific transitional programs and services, including without limitation the John H. Chafee Foster Care Program for Successful Transition to Adulthood; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Social Security card;

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

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

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

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

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

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

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

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

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

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

(j) Nothing in this subchapter prohibits a child in the custody of the department from sharing at his or her discretion information concerning his or her experience with the department after consultation with his or her assigned attorney ad litem.

Amended by Act 2021, No. 791,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 791,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 316,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 316,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 663,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 1033,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 1038,§ 8, eff. 4/4/2015

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-12-312 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-312
Alimony - Child support - Bond - Method of payment - Definition
Status: in_force

(a) (1) When a decree is entered, the court shall make an order concerning the care of the children, if there are any, and an order concerning alimony, if applicable, as are reasonable from the circumstances of the parties and the nature of the case. (2) Unless otherwise ordered by the court or agreed to by the parties, the liability for alimony shall automatically cease upon the earlier of: (A) The date of the remarriage of the person who was awarded the alimony; (B) The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage; (C) The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payor of the alimony, which circumstances shall be considered the equivalent of remarriage; (D) The living full time with another person in an intimate, cohabitating relationship; (E) The death of either party; or (F) Any other contingencies as set forth in the order awarding alimony. (3) (A) In determining a reasonable amount of child support, initially or upon review to be paid by the noncustodial parent, the court shall refer to the most recent revision of the family support chart. (B) (i) The incarceration of a parent shall not be treated as voluntary unemployment for the purpose of establishing or modifying an award of child support. (ii) As used in subdivision (a)(3)(B)(i) 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. (C) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (D) Only upon a written finding or specific finding on the record that the application of the child support chart would be unjust or inappropriate, as determined under established criteria set forth in the family support chart, shall the presumption be rebutted. (4) (A) (i) The family support chart shall be reviewed and revised, if appropriate, at least one (1) time every four (4) years by a committee to be appointed by the Chief Justice of the Supreme Court to ensure that the support amounts are appropriate for child support awards. (ii) The members of the committee shall include: (a) One (1) or more members of the General Assembly; (b) One (1) or more judges of the Court of Appeals; (c) One (1) or more judges of a circuit court; (d) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or his or her designee; (e) An employee of an organization that provides legal services to low-income individuals; and (f) One (1) or more attorneys who are licensed to practice law in the State of Arkansas. (iii) The Supreme Court shall publish the following on a public website: (a) The names of each member of the committee; (b) The reports of the committee; (c) The effective date of the family support chart; and (d) The anticipated date on which the committee will next review the family support chart. (iv) The committee shall: (a) Establish the criteria for deviation from use of the chart amount; and (b) Consider: (1) Economic data on the cost of raising children; (2) Labor market data; (3) How the amounts listed in the family support chart impact a parent who has a family income below two hundred percent (200%) of the federal poverty level; (4) Factors that influence employment rates and payment compliance rates among noncustodial parents; and (5) Case data and payment compliance rates based on whether there was a deviation from the family support chart, default order, imputed income, or low income adjustment. (B) (i) The committee shall revise the family support chart to be based on payor income and recipient income and no longer rely on the payor-income-based family support chart. (ii) The committee shall revise the family support chart as required under subdivision (a)(4)(B)(i) of this section on or before March 1, 2020. (5) The Supreme Court shall: (A) Approve the family support chart and criteria after revision by the committee for use in this state; and (B) Publish the family support chart and criteria through per curiam order of the court on a public website. (6) (A) The court may provide for the payment of child support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls before graduation from high school so long as such child support is conditional on the child's remaining in school. (B) The court also may provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent. (7) Both a person paying alimony and a person receiving alimony are entitled to petition the court for a review, modification, or both of the court's alimony order at any time based upon a significant and material change of circumstances. (b) (1) Alimony may be awarded under proper circumstances concerning rehabilitation to either party in fixed installments for a specified period of time so that the payments qualify as periodic payments within the meaning of the Internal Revenue Code. (2) When a request for rehabilitative alimony is made to the court, the payor may request or the court may require the recipient to provide a plan of rehabilitation for the court to consider in determining: (A) Whether or not the plan is feasible; and (B) The amount and duration of the award. (3) If the recipient fails to meet the requirements of the rehabilitative plan, the payor may petition the court for a review to determine if rehabilitative alimony shall continue or be modified. (4) A person paying alimony is entitled to petition the court for a review, modification, or both of the court's alimony order at any time based upon a significant and material change of circumstances. (c) (1) When the order provides for payment of money for the support and care of any children, the court, in its discretion, may require the person ordered to make the payments to furnish and file with the clerk of the court a bond or post security or give some other guarantee such as life insurance in an amount and with such sureties as the court shall direct. (2) The bond, security, or guarantee is to be conditioned on compliance with that part of the order of the court concerning the support and care of the children. (3) If action is taken due to a delinquency under the order, proper advance notice to the noncustodial parent shall be given. (d) (1) All orders requiring payments of money for the support and care of any children shall direct the payments to be made through the registry of the court unless the court in its discretion determines that it would be in the best interest of the parties to direct otherwise. (2) However, in all cases brought under Title IV-D of the Social Security Act or in which the income of the noncustodial parent is subject to withholding, the court shall order that all payments be made through the Arkansas Child Support Clearinghouse in accordance with § 9-14-801 et seq. (e) (1) (A) Except as set forth in subdivision (e)(5) of this section, all orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year. (B) The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely liquidated. (2) The clerk, upon direction from the court and as an alternative to collecting the annual fee during the anniversary month each year after entry of the order, may prorate the first fee collected at the time of the first payment of support under the order to the number of months remaining in the calendar year and thereafter collect all fees as provided in this subsection during the month of January of each year. (3) (A) Payments made for this fee shall be made annually in the form of a check or money order payable to the clerk of the court or other legal tender that the clerk may accept. (B) This fee payment shall be separate and apart from the support payment, and under no circumstances shall the support payment be reduced to fulfill the payment of this fee. (4) Upon the nonpayment of the annual fee by the noncustodial parent within ninety (90) days, the clerk may notify the payor under the order of income withholding for child support who shall withhold the fee in addition to any support and remit it to the clerk. (5) In counties where an annual fee is collected and the court grants at least two thousand five hundred (2,500) divorces each year, the court may require that the initial annual fee be paid by the noncustodial parent or obligated spouse before the filing of the order. (6) (A) All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter. (B) At least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter. (C) The acquisition and update of software for the automated data system shall be a permitted use of these funds. (D) All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "support collection costs fund". (E) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (e)(6) by the quorum court at the direction of the clerk of the court. (f) (1) The clerk of the court shall maintain accurate records of all child support orders and payments made under this section and shall post to individual child support account ledgers maintained in the clerk's office all payments received directly by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and reported to the clerk by the Office of Child Support Enforcement. (2) The Office of Child Support Enforcement shall provide the clerk with sufficient information to identify the custodial and noncustodial parents, a docket number, and the amount and date of payment. (3) The clerk shall keep on file information provided by the Office of Child Support Enforcement for audit purposes. (g) The clerk may accept the support payment in any form of cash or commercial paper, including personal check, and may require that the custodial parent or nonobligated spouse be named as payee thereon. Amended by Act 2019, No. 904,§ 2, eff. 1/1/2020. Amended by Act 2019, No. 904,§ 1, eff. 1/1/2020. Amended by Act 2019, No. 907,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1487,§ 1, eff. 8/16/2013 Rev. Stat., ch. 51, § 9; C. & M. Dig., § 3508; Pope's Dig., § 4390; Acts 1951, No. 56, § 1; 1979, No. 705, § 3; 1981, No. 657, § 1; 1985, No. 989, § 1; 1986 (2nd Ex. Sess.), No. 12, § 1; A.S.A. 1947, § 34-1211; Acts 1987, No. 599, § 1; 1989, No. 100, § 1; 1989, No. 948, § 2; 1989 (3rd Ex. Sess.), No. 54, § 2; 1991, No. 1008, § 2; 1991, No. 1098, § 2; 1991, No. 1102, § 2; 1993, No. 1242, §§ 5, 9; 1995, No. 1184, § 5; 1995, No. 1353, § 1; 1997, No. 208, § 7; 1997, No. 1273, § 1; 1997, No. 1296, § 10; 1999, No. 1514, § 3

(a) (1) When a decree is entered, the court shall make an order concerning the care of the children, if there are any, and an order concerning alimony, if applicable, as are reasonable from the circumstances of the parties and the nature of the case. (2) Unless otherwise ordered by the court or agreed to by the parties, the liability for alimony shall automatically cease upon the earlier of: (A) The date of the remarriage of the person who was awarded the alimony; (B) The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage; (C) The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payor of the alimony, which circumstances shall be considered the equivalent of remarriage; (D) The living full time with another person in an intimate, cohabitating relationship; (E) The death of either party; or (F) Any other contingencies as set forth in the order awarding alimony. (3) (A) In determining a reasonable amount of child support, initially or upon review to be paid by the noncustodial parent, the court shall refer to the most recent revision of the family support chart. (B) (i) The incarceration of a parent shall not be treated as voluntary unemployment for the purpose of establishing or modifying an award of child support. (ii) As used in subdivision (a)(3)(B)(i) 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. (C) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (D) Only upon a written finding or specific finding on the record that the application of the child support chart would be unjust or inappropriate, as determined under established criteria set forth in the family support chart, shall the presumption be rebutted. (4) (A) (i) The family support chart shall be reviewed and revised, if appropriate, at least one (1) time every four (4) years by a committee to be appointed by the Chief Justice of the Supreme Court to ensure that the support amounts are appropriate for child support awards. (ii) The members of the committee shall include: (a) One (1) or more members of the General Assembly; (b) One (1) or more judges of the Court of Appeals; (c) One (1) or more judges of a circuit court; (d) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or his or her designee; (e) An employee of an organization that provides legal services to low-income individuals; and (f) One (1) or more attorneys who are licensed to practice law in the State of Arkansas. (iii) The Supreme Court shall publish the following on a public website: (a) The names of each member of the committee; (b) The reports of the committee; (c) The effective date of the family support chart; and (d) The anticipated date on which the committee will next review the family support chart. (iv) The committee shall: (a) Establish the criteria for deviation from use of the chart amount; and (b) Consider: (1) Economic data on the cost of raising children; (2) Labor market data; (3) How the amounts listed in the family support chart impact a parent who has a family income below two hundred percent (200%) of the federal poverty level; (4) Factors that influence employment rates and payment compliance rates among noncustodial parents; and (5) Case data and payment compliance rates based on whether there was a deviation from the family support chart, default order, imputed income, or low income adjustment. (B) (i) The committee shall revise the family support chart to be based on payor income and recipient income and no longer rely on the payor-income-based family support chart. (ii) The committee shall revise the family support chart as required under subdivision (a)(4)(B)(i) of this section on or before March 1, 2020. (5) The Supreme Court shall: (A) Approve the family support chart and criteria after revision by the committee for use in this state; and (B) Publish the family support chart and criteria through per curiam order of the court on a public website. (6) (A) The court may provide for the payment of child support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls before graduation from high school so long as such child support is conditional on the child's remaining in school. (B) The court also may provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent. (7) Both a person paying alimony and a person receiving alimony are entitled to petition the court for a review, modification, or both of the court's alimony order at any time based upon a significant and material change of circumstances.

(1) When a decree is entered, the court shall make an order concerning the care of the children, if there are any, and an order concerning alimony, if applicable, as are reasonable from the circumstances of the parties and the nature of the case.

(2) Unless otherwise ordered by the court or agreed to by the parties, the liability for alimony shall automatically cease upon the earlier of: (A) The date of the remarriage of the person who was awarded the alimony; (B) The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage; (C) The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payor of the alimony, which circumstances shall be considered the equivalent of remarriage; (D) The living full time with another person in an intimate, cohabitating relationship; (E) The death of either party; or (F) Any other contingencies as set forth in the order awarding alimony.

(A) The date of the remarriage of the person who was awarded the alimony;

(B) The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage;

(C) The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payor of the alimony, which circumstances shall be considered the equivalent of remarriage;

(D) The living full time with another person in an intimate, cohabitating relationship;

(E) The death of either party; or

(F) Any other contingencies as set forth in the order awarding alimony.

(3) (A) In determining a reasonable amount of child support, initially or upon review to be paid by the noncustodial parent, the court shall refer to the most recent revision of the family support chart. (B) (i) The incarceration of a parent shall not be treated as voluntary unemployment for the purpose of establishing or modifying an award of child support. (ii) As used in subdivision (a)(3)(B)(i) 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. (C) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded. (D) Only upon a written finding or specific finding on the record that the application of the child support chart would be unjust or inappropriate, as determined under established criteria set forth in the family support chart, shall the presumption be rebutted.

(A) In determining a reasonable amount of child support, initially or upon review to be paid by the noncustodial parent, the court shall refer to the most recent revision of the family support chart.

(B) (i) The incarceration of a parent shall not be treated as voluntary unemployment for the purpose of establishing or modifying an award of child support. (ii) As used in subdivision (a)(3)(B)(i) 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.

(i) The incarceration of a parent shall not be treated as voluntary unemployment for the purpose of establishing or modifying an award of child support.

(ii) As used in subdivision (a)(3)(B)(i) 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.

(C) It shall be a rebuttable presumption for the award of child support that the amount contained in the family support chart is the correct amount of child support to be awarded.

(D) Only upon a written finding or specific finding on the record that the application of the child support chart would be unjust or inappropriate, as determined under established criteria set forth in the family support chart, shall the presumption be rebutted.

(4) (A) (i) The family support chart shall be reviewed and revised, if appropriate, at least one (1) time every four (4) years by a committee to be appointed by the Chief Justice of the Supreme Court to ensure that the support amounts are appropriate for child support awards. (ii) The members of the committee shall include: (a) One (1) or more members of the General Assembly; (b) One (1) or more judges of the Court of Appeals; (c) One (1) or more judges of a circuit court; (d) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or his or her designee; (e) An employee of an organization that provides legal services to low-income individuals; and (f) One (1) or more attorneys who are licensed to practice law in the State of Arkansas. (iii) The Supreme Court shall publish the following on a public website: (a) The names of each member of the committee; (b) The reports of the committee; (c) The effective date of the family support chart; and (d) The anticipated date on which the committee will next review the family support chart. (iv) The committee shall: (a) Establish the criteria for deviation from use of the chart amount; and (b) Consider: (1) Economic data on the cost of raising children; (2) Labor market data; (3) How the amounts listed in the family support chart impact a parent who has a family income below two hundred percent (200%) of the federal poverty level; (4) Factors that influence employment rates and payment compliance rates among noncustodial parents; and (5) Case data and payment compliance rates based on whether there was a deviation from the family support chart, default order, imputed income, or low income adjustment. (B) (i) The committee shall revise the family support chart to be based on payor income and recipient income and no longer rely on the payor-income-based family support chart. (ii) The committee shall revise the family support chart as required under subdivision (a)(4)(B)(i) of this section on or before March 1, 2020.

(A) (i) The family support chart shall be reviewed and revised, if appropriate, at least one (1) time every four (4) years by a committee to be appointed by the Chief Justice of the Supreme Court to ensure that the support amounts are appropriate for child support awards. (ii) The members of the committee shall include: (a) One (1) or more members of the General Assembly; (b) One (1) or more judges of the Court of Appeals; (c) One (1) or more judges of a circuit court; (d) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or his or her designee; (e) An employee of an organization that provides legal services to low-income individuals; and (f) One (1) or more attorneys who are licensed to practice law in the State of Arkansas. (iii) The Supreme Court shall publish the following on a public website: (a) The names of each member of the committee; (b) The reports of the committee; (c) The effective date of the family support chart; and (d) The anticipated date on which the committee will next review the family support chart. (iv) The committee shall: (a) Establish the criteria for deviation from use of the chart amount; and (b) Consider: (1) Economic data on the cost of raising children; (2) Labor market data; (3) How the amounts listed in the family support chart impact a parent who has a family income below two hundred percent (200%) of the federal poverty level; (4) Factors that influence employment rates and payment compliance rates among noncustodial parents; and (5) Case data and payment compliance rates based on whether there was a deviation from the family support chart, default order, imputed income, or low income adjustment.

(i) The family support chart shall be reviewed and revised, if appropriate, at least one (1) time every four (4) years by a committee to be appointed by the Chief Justice of the Supreme Court to ensure that the support amounts are appropriate for child support awards.

(ii) The members of the committee shall include: (a) One (1) or more members of the General Assembly; (b) One (1) or more judges of the Court of Appeals; (c) One (1) or more judges of a circuit court; (d) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or his or her designee; (e) An employee of an organization that provides legal services to low-income individuals; and (f) One (1) or more attorneys who are licensed to practice law in the State of Arkansas.

(a) One (1) or more members of the General Assembly;

(b) One (1) or more judges of the Court of Appeals;

(c) One (1) or more judges of a circuit court;

(d) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration or his or her designee;

(e) An employee of an organization that provides legal services to low-income individuals; and

(f) One (1) or more attorneys who are licensed to practice law in the State of Arkansas.

(iii) The Supreme Court shall publish the following on a public website: (a) The names of each member of the committee; (b) The reports of the committee; (c) The effective date of the family support chart; and (d) The anticipated date on which the committee will next review the family support chart.

(a) The names of each member of the committee;

(b) The reports of the committee;

(c) The effective date of the family support chart; and

(d) The anticipated date on which the committee will next review the family support chart.

(iv) The committee shall: (a) Establish the criteria for deviation from use of the chart amount; and (b) Consider: (1) Economic data on the cost of raising children; (2) Labor market data; (3) How the amounts listed in the family support chart impact a parent who has a family income below two hundred percent (200%) of the federal poverty level; (4) Factors that influence employment rates and payment compliance rates among noncustodial parents; and (5) Case data and payment compliance rates based on whether there was a deviation from the family support chart, default order, imputed income, or low income adjustment.

(a) Establish the criteria for deviation from use of the chart amount; and

(b) Consider: (1) Economic data on the cost of raising children; (2) Labor market data; (3) How the amounts listed in the family support chart impact a parent who has a family income below two hundred percent (200%) of the federal poverty level; (4) Factors that influence employment rates and payment compliance rates among noncustodial parents; and (5) Case data and payment compliance rates based on whether there was a deviation from the family support chart, default order, imputed income, or low income adjustment.

(1) Economic data on the cost of raising children;

(2) Labor market data;

(3) How the amounts listed in the family support chart impact a parent who has a family income below two hundred percent (200%) of the federal poverty level;

(4) Factors that influence employment rates and payment compliance rates among noncustodial parents; and

(5) Case data and payment compliance rates based on whether there was a deviation from the family support chart, default order, imputed income, or low income adjustment.

(B) (i) The committee shall revise the family support chart to be based on payor income and recipient income and no longer rely on the payor-income-based family support chart. (ii) The committee shall revise the family support chart as required under subdivision (a)(4)(B)(i) of this section on or before March 1, 2020.

(i) The committee shall revise the family support chart to be based on payor income and recipient income and no longer rely on the payor-income-based family support chart.

(ii) The committee shall revise the family support chart as required under subdivision (a)(4)(B)(i) of this section on or before March 1, 2020.

(5) The Supreme Court shall: (A) Approve the family support chart and criteria after revision by the committee for use in this state; and (B) Publish the family support chart and criteria through per curiam order of the court on a public website.

(A) Approve the family support chart and criteria after revision by the committee for use in this state; and

(B) Publish the family support chart and criteria through per curiam order of the court on a public website.

(6) (A) The court may provide for the payment of child support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls before graduation from high school so long as such child support is conditional on the child's remaining in school. (B) The court also may provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent.

(A) The court may provide for the payment of child support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls before graduation from high school so long as such child support is conditional on the child's remaining in school.

(B) The court also may provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent.

(7) Both a person paying alimony and a person receiving alimony are entitled to petition the court for a review, modification, or both of the court's alimony order at any time based upon a significant and material change of circumstances.

(b) (1) Alimony may be awarded under proper circumstances concerning rehabilitation to either party in fixed installments for a specified period of time so that the payments qualify as periodic payments within the meaning of the Internal Revenue Code. (2) When a request for rehabilitative alimony is made to the court, the payor may request or the court may require the recipient to provide a plan of rehabilitation for the court to consider in determining: (A) Whether or not the plan is feasible; and (B) The amount and duration of the award. (3) If the recipient fails to meet the requirements of the rehabilitative plan, the payor may petition the court for a review to determine if rehabilitative alimony shall continue or be modified. (4) A person paying alimony is entitled to petition the court for a review, modification, or both of the court's alimony order at any time based upon a significant and material change of circumstances.

(1) Alimony may be awarded under proper circumstances concerning rehabilitation to either party in fixed installments for a specified period of time so that the payments qualify as periodic payments within the meaning of the Internal Revenue Code.

(2) When a request for rehabilitative alimony is made to the court, the payor may request or the court may require the recipient to provide a plan of rehabilitation for the court to consider in determining: (A) Whether or not the plan is feasible; and (B) The amount and duration of the award.

(A) Whether or not the plan is feasible; and

(B) The amount and duration of the award.

(3) If the recipient fails to meet the requirements of the rehabilitative plan, the payor may petition the court for a review to determine if rehabilitative alimony shall continue or be modified.

(4) A person paying alimony is entitled to petition the court for a review, modification, or both of the court's alimony order at any time based upon a significant and material change of circumstances.

(c) (1) When the order provides for payment of money for the support and care of any children, the court, in its discretion, may require the person ordered to make the payments to furnish and file with the clerk of the court a bond or post security or give some other guarantee such as life insurance in an amount and with such sureties as the court shall direct. (2) The bond, security, or guarantee is to be conditioned on compliance with that part of the order of the court concerning the support and care of the children. (3) If action is taken due to a delinquency under the order, proper advance notice to the noncustodial parent shall be given.

(1) When the order provides for payment of money for the support and care of any children, the court, in its discretion, may require the person ordered to make the payments to furnish and file with the clerk of the court a bond or post security or give some other guarantee such as life insurance in an amount and with such sureties as the court shall direct.

(2) The bond, security, or guarantee is to be conditioned on compliance with that part of the order of the court concerning the support and care of the children.

(3) If action is taken due to a delinquency under the order, proper advance notice to the noncustodial parent shall be given.

(d) (1) All orders requiring payments of money for the support and care of any children shall direct the payments to be made through the registry of the court unless the court in its discretion determines that it would be in the best interest of the parties to direct otherwise. (2) However, in all cases brought under Title IV-D of the Social Security Act or in which the income of the noncustodial parent is subject to withholding, the court shall order that all payments be made through the Arkansas Child Support Clearinghouse in accordance with § 9-14-801 et seq.

(1) All orders requiring payments of money for the support and care of any children shall direct the payments to be made through the registry of the court unless the court in its discretion determines that it would be in the best interest of the parties to direct otherwise.

(2) However, in all cases brought under Title IV-D of the Social Security Act or in which the income of the noncustodial parent is subject to withholding, the court shall order that all payments be made through the Arkansas Child Support Clearinghouse in accordance with § 9-14-801 et seq.

(e) (1) (A) Except as set forth in subdivision (e)(5) of this section, all orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year. (B) The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely liquidated. (2) The clerk, upon direction from the court and as an alternative to collecting the annual fee during the anniversary month each year after entry of the order, may prorate the first fee collected at the time of the first payment of support under the order to the number of months remaining in the calendar year and thereafter collect all fees as provided in this subsection during the month of January of each year. (3) (A) Payments made for this fee shall be made annually in the form of a check or money order payable to the clerk of the court or other legal tender that the clerk may accept. (B) This fee payment shall be separate and apart from the support payment, and under no circumstances shall the support payment be reduced to fulfill the payment of this fee. (4) Upon the nonpayment of the annual fee by the noncustodial parent within ninety (90) days, the clerk may notify the payor under the order of income withholding for child support who shall withhold the fee in addition to any support and remit it to the clerk. (5) In counties where an annual fee is collected and the court grants at least two thousand five hundred (2,500) divorces each year, the court may require that the initial annual fee be paid by the noncustodial parent or obligated spouse before the filing of the order. (6) (A) All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter. (B) At least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter. (C) The acquisition and update of software for the automated data system shall be a permitted use of these funds. (D) All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "support collection costs fund". (E) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (e)(6) by the quorum court at the direction of the clerk of the court.

(1) (A) Except as set forth in subdivision (e)(5) of this section, all orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year. (B) The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely liquidated.

(A) Except as set forth in subdivision (e)(5) of this section, all orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year.

(B) The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely liquidated.

(2) The clerk, upon direction from the court and as an alternative to collecting the annual fee during the anniversary month each year after entry of the order, may prorate the first fee collected at the time of the first payment of support under the order to the number of months remaining in the calendar year and thereafter collect all fees as provided in this subsection during the month of January of each year.

(3) (A) Payments made for this fee shall be made annually in the form of a check or money order payable to the clerk of the court or other legal tender that the clerk may accept. (B) This fee payment shall be separate and apart from the support payment, and under no circumstances shall the support payment be reduced to fulfill the payment of this fee.

(A) Payments made for this fee shall be made annually in the form of a check or money order payable to the clerk of the court or other legal tender that the clerk may accept.

(B) This fee payment shall be separate and apart from the support payment, and under no circumstances shall the support payment be reduced to fulfill the payment of this fee.

(4) Upon the nonpayment of the annual fee by the noncustodial parent within ninety (90) days, the clerk may notify the payor under the order of income withholding for child support who shall withhold the fee in addition to any support and remit it to the clerk.

(5) In counties where an annual fee is collected and the court grants at least two thousand five hundred (2,500) divorces each year, the court may require that the initial annual fee be paid by the noncustodial parent or obligated spouse before the filing of the order.

(6) (A) All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter. (B) At least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter. (C) The acquisition and update of software for the automated data system shall be a permitted use of these funds. (D) All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "support collection costs fund". (E) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (e)(6) by the quorum court at the direction of the clerk of the court.

(A) All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter.

(B) At least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter.

(C) The acquisition and update of software for the automated data system shall be a permitted use of these funds.

(D) All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "support collection costs fund".

(E) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (e)(6) by the quorum court at the direction of the clerk of the court.

(f) (1) The clerk of the court shall maintain accurate records of all child support orders and payments made under this section and shall post to individual child support account ledgers maintained in the clerk's office all payments received directly by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and reported to the clerk by the Office of Child Support Enforcement. (2) The Office of Child Support Enforcement shall provide the clerk with sufficient information to identify the custodial and noncustodial parents, a docket number, and the amount and date of payment. (3) The clerk shall keep on file information provided by the Office of Child Support Enforcement for audit purposes.

(1) The clerk of the court shall maintain accurate records of all child support orders and payments made under this section and shall post to individual child support account ledgers maintained in the clerk's office all payments received directly by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and reported to the clerk by the Office of Child Support Enforcement.

(2) The Office of Child Support Enforcement shall provide the clerk with sufficient information to identify the custodial and noncustodial parents, a docket number, and the amount and date of payment.

(3) The clerk shall keep on file information provided by the Office of Child Support Enforcement for audit purposes.

(g) The clerk may accept the support payment in any form of cash or commercial paper, including personal check, and may require that the custodial parent or nonobligated spouse be named as payee thereon.

Amended by Act 2019, No. 904,§ 2, eff. 1/1/2020.

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

Amended by Act 2019, No. 907,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1487,§ 1, eff. 8/16/2013

Rev. Stat., ch. 51, § 9; C. & M. Dig., § 3508; Pope's Dig., § 4390; Acts 1951, No. 56, § 1; 1979, No. 705, § 3; 1981, No. 657, § 1; 1985, No. 989, § 1; 1986 (2nd Ex. Sess.), No. 12, § 1; A.S.A. 1947, § 34-1211; Acts 1987, No. 599, § 1; 1989, No. 100, § 1; 1989, No. 948, § 2; 1989 (3rd Ex. Sess.), No. 54, § 2; 1991, No. 1008, § 2; 1991, No. 1098, § 2; 1991, No. 1102, § 2; 1993, No. 1242, §§ 5, 9; 1995, No. 1184, § 5; 1995, No. 1353, § 1; 1997, No. 208, § 7; 1997, No. 1273, § 1; 1997, No. 1296, § 10; 1999, No. 1514, § 3
Ark. Code Ann. § 9-28-403 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-403
Child Welfare Agency Review Board - Creation - Authority
Status: in_force

(a) (1) There is created the Child Welfare Agency Review Board to serve as the administrative body to carry out the provisions of this subchapter. (2) The board shall have the authority to promulgate rules to enforce the provisions of this subchapter. (b) The board may also identify and implement alternative methods of regulation and enforcement that may include, but not be limited to: (1) Expanding the types and categories of licenses issued for programs falling within the definition of "child welfare agency", as may be required by changes in the types of child welfare programs that may occur, and to promulgate separate rules for each category of license as it may deem proper; (2) Using the standards of other licensing authorities or compliance-reviewing professionals as being equivalent to partial compliance with board-promulgated rules, when those standards have been shown to predict compliance with the board-promulgated rules; and (3) Using an abbreviated inspection that employs key standards that have been shown to predict full compliance with the rules. (c) (1) The Department of Human Services is designated as the governmental agency charged with the enforcement of this subchapter. (2) Only the department, licensees, agencies specifically exempted by this subchapter, and applicants for a license shall have standing to initiate formal proceedings before the board, except when otherwise provided by law. (d) When any person, corporation, partnership, voluntary association, or other entity shall be found to operate or assist in the operation of a child welfare agency that has been licensed by the board or has had the license denied, revoked, or suspended by the board, and therefore has been ordered to cease and desist operation in accordance with the provisions of this subchapter, the board shall have the right to go into the circuit court in the jurisdiction in which the child welfare agency is being operated and upon affidavit secure a writ of injunction, without bond, restraining and prohibiting the person, corporation, partnership, voluntary association, or other entity from operating the child welfare agency. (e) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall apply to all proceedings brought under this subchapter, except that the following provisions shall control during adverse action hearings to the extent that they conflict with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.: (1) All parties to an adverse action shall be entitled to engage in and use formal discovery as provided for in Rules 26, 28-34, and 36 of the Arkansas Rules of Civil Procedure including: (A) Requests for admission; (B) Requests for production of documents and things; (C) Written interrogatories; and (D) Oral and written depositions; and (2) All evidentiary rulings in an adverse action hearing shall be governed by the Arkansas Rules of Evidence with respect to the following types of evidence: (A) The requirement of personal knowledge of a witness as required by Rule 602; (B) The admissibility of character evidence as set forth by Rules 608 and 609; (C) The admissibility of opinion evidence as set forth by Rules 701-703; and (D) The admissibility of hearsay evidence as set forth by Rules 801-806. (f) (1) Requests for subpoenas shall be granted by the Office of the Chief Counsel of the Department of Human Services or a designee if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence. (2) Subpoenas provided for in this section shall be served in the manner as now provided by law, returned, and a copy made and kept by the department. (3) The fees and mileage for officers serving the subpoenas and witnesses answering the subpoenas shall be the same as now provided by law. (4) Witnesses duly served with subpoenas issued under this section who shall refuse to testify or give evidence may be cited on an affidavit through application of the chief counsel of the department to the Pulaski County Circuit Court or any circuit court of the state where the subpoenas were served. (5) Failure to obey the subpoena may be deemed a contempt, punishable accordingly. Amended by Act 2019, No. 315,§ 724, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 723, eff. 7/24/2019. Acts 1997, No. 1041, § 3; 2009, No. 723, §§ 2, 3; 2011, No. 522, § 6

(a) (1) There is created the Child Welfare Agency Review Board to serve as the administrative body to carry out the provisions of this subchapter. (2) The board shall have the authority to promulgate rules to enforce the provisions of this subchapter.

(1) There is created the Child Welfare Agency Review Board to serve as the administrative body to carry out the provisions of this subchapter.

(2) The board shall have the authority to promulgate rules to enforce the provisions of this subchapter.

(b) The board may also identify and implement alternative methods of regulation and enforcement that may include, but not be limited to: (1) Expanding the types and categories of licenses issued for programs falling within the definition of "child welfare agency", as may be required by changes in the types of child welfare programs that may occur, and to promulgate separate rules for each category of license as it may deem proper; (2) Using the standards of other licensing authorities or compliance-reviewing professionals as being equivalent to partial compliance with board-promulgated rules, when those standards have been shown to predict compliance with the board-promulgated rules; and (3) Using an abbreviated inspection that employs key standards that have been shown to predict full compliance with the rules.

(1) Expanding the types and categories of licenses issued for programs falling within the definition of "child welfare agency", as may be required by changes in the types of child welfare programs that may occur, and to promulgate separate rules for each category of license as it may deem proper;

(2) Using the standards of other licensing authorities or compliance-reviewing professionals as being equivalent to partial compliance with board-promulgated rules, when those standards have been shown to predict compliance with the board-promulgated rules; and

(3) Using an abbreviated inspection that employs key standards that have been shown to predict full compliance with the rules.

(c) (1) The Department of Human Services is designated as the governmental agency charged with the enforcement of this subchapter. (2) Only the department, licensees, agencies specifically exempted by this subchapter, and applicants for a license shall have standing to initiate formal proceedings before the board, except when otherwise provided by law.

(1) The Department of Human Services is designated as the governmental agency charged with the enforcement of this subchapter.

(2) Only the department, licensees, agencies specifically exempted by this subchapter, and applicants for a license shall have standing to initiate formal proceedings before the board, except when otherwise provided by law.

(d) When any person, corporation, partnership, voluntary association, or other entity shall be found to operate or assist in the operation of a child welfare agency that has been licensed by the board or has had the license denied, revoked, or suspended by the board, and therefore has been ordered to cease and desist operation in accordance with the provisions of this subchapter, the board shall have the right to go into the circuit court in the jurisdiction in which the child welfare agency is being operated and upon affidavit secure a writ of injunction, without bond, restraining and prohibiting the person, corporation, partnership, voluntary association, or other entity from operating the child welfare agency.

(e) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall apply to all proceedings brought under this subchapter, except that the following provisions shall control during adverse action hearings to the extent that they conflict with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.: (1) All parties to an adverse action shall be entitled to engage in and use formal discovery as provided for in Rules 26, 28-34, and 36 of the Arkansas Rules of Civil Procedure including: (A) Requests for admission; (B) Requests for production of documents and things; (C) Written interrogatories; and (D) Oral and written depositions; and (2) All evidentiary rulings in an adverse action hearing shall be governed by the Arkansas Rules of Evidence with respect to the following types of evidence: (A) The requirement of personal knowledge of a witness as required by Rule 602; (B) The admissibility of character evidence as set forth by Rules 608 and 609; (C) The admissibility of opinion evidence as set forth by Rules 701-703; and (D) The admissibility of hearsay evidence as set forth by Rules 801-806.

(1) All parties to an adverse action shall be entitled to engage in and use formal discovery as provided for in Rules 26, 28-34, and 36 of the Arkansas Rules of Civil Procedure including: (A) Requests for admission; (B) Requests for production of documents and things; (C) Written interrogatories; and (D) Oral and written depositions; and

(A) Requests for admission;

(B) Requests for production of documents and things;

(C) Written interrogatories; and

(D) Oral and written depositions; and

(2) All evidentiary rulings in an adverse action hearing shall be governed by the Arkansas Rules of Evidence with respect to the following types of evidence: (A) The requirement of personal knowledge of a witness as required by Rule 602; (B) The admissibility of character evidence as set forth by Rules 608 and 609; (C) The admissibility of opinion evidence as set forth by Rules 701-703; and (D) The admissibility of hearsay evidence as set forth by Rules 801-806.

(A) The requirement of personal knowledge of a witness as required by Rule 602;

(B) The admissibility of character evidence as set forth by Rules 608 and 609;

(C) The admissibility of opinion evidence as set forth by Rules 701-703; and

(D) The admissibility of hearsay evidence as set forth by Rules 801-806.

(f) (1) Requests for subpoenas shall be granted by the Office of the Chief Counsel of the Department of Human Services or a designee if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence. (2) Subpoenas provided for in this section shall be served in the manner as now provided by law, returned, and a copy made and kept by the department. (3) The fees and mileage for officers serving the subpoenas and witnesses answering the subpoenas shall be the same as now provided by law. (4) Witnesses duly served with subpoenas issued under this section who shall refuse to testify or give evidence may be cited on an affidavit through application of the chief counsel of the department to the Pulaski County Circuit Court or any circuit court of the state where the subpoenas were served. (5) Failure to obey the subpoena may be deemed a contempt, punishable accordingly.

(1) Requests for subpoenas shall be granted by the Office of the Chief Counsel of the Department of Human Services or a designee if the testimony or documents desired are considered necessary and material without being unduly repetitious of other available evidence.

(2) Subpoenas provided for in this section shall be served in the manner as now provided by law, returned, and a copy made and kept by the department.

(3) The fees and mileage for officers serving the subpoenas and witnesses answering the subpoenas shall be the same as now provided by law.

(4) Witnesses duly served with subpoenas issued under this section who shall refuse to testify or give evidence may be cited on an affidavit through application of the chief counsel of the department to the Pulaski County Circuit Court or any circuit court of the state where the subpoenas were served.

(5) Failure to obey the subpoena may be deemed a contempt, punishable accordingly.

Amended by Act 2019, No. 315,§ 724, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 723, eff. 7/24/2019.

Acts 1997, No. 1041, § 3; 2009, No. 723, §§ 2, 3; 2011, No. 522, § 6