Ark. Code Ann. § 9-11-808 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-808
Divorce or separation
Status: in_force

(a) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following: (1) The other spouse has committed adultery; (2) The other spouse has committed a felony or other infamous crime; (3) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one (1) of the spouses; (4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or (5) (A) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed. (B) (i) If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed. (ii) However, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which the judgment of judicial separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one (1) year from the date the judgment of judicial separation was signed. (b) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of judicial separation only upon proof of any of the following: (1) The other spouse has committed adultery; (2) The other spouse has committed a felony and has been sentenced to death or imprisonment; (3) The other spouse has physically or sexually abused the spouse seeking the legal separation or divorce or a child of one (1) of the spouses; (4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or (5) The other spouse shall: (A) Be addicted to habitual drunkenness for one (1) year; (B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (C) Offer such indignities to the person of the other as shall render his or her condition intolerable. Acts 2001, No. 1486, § 5

(a) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following: (1) The other spouse has committed adultery; (2) The other spouse has committed a felony or other infamous crime; (3) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one (1) of the spouses; (4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or (5) (A) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed. (B) (i) If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed. (ii) However, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which the judgment of judicial separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one (1) year from the date the judgment of judicial separation was signed.

(1) The other spouse has committed adultery;

(2) The other spouse has committed a felony or other infamous crime;

(3) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one (1) of the spouses;

(4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or

(5) (A) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed. (B) (i) If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed. (ii) However, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which the judgment of judicial separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one (1) year from the date the judgment of judicial separation was signed.

(A) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years from the date the judgment of judicial separation was signed.

(B) (i) If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed. (ii) However, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which the judgment of judicial separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one (1) year from the date the judgment of judicial separation was signed.

(i) If there is a minor child or children of the marriage, the spouses have been living separate and apart continuously without reconciliation for a period of two (2) years and six (6) months from the date the judgment of judicial separation was signed.

(ii) However, if abuse of a child of the marriage or a child of one (1) of the spouses is the basis for which the judgment of judicial separation was obtained, then a judgment of divorce may be obtained if the spouses have been living separate and apart continuously without reconciliation for a period of one (1) year from the date the judgment of judicial separation was signed.

(b) Notwithstanding any other law to the contrary and subsequent to the parties' obtaining authorized counseling, a spouse to a covenant marriage may obtain a judgment of judicial separation only upon proof of any of the following: (1) The other spouse has committed adultery; (2) The other spouse has committed a felony and has been sentenced to death or imprisonment; (3) The other spouse has physically or sexually abused the spouse seeking the legal separation or divorce or a child of one (1) of the spouses; (4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or (5) The other spouse shall: (A) Be addicted to habitual drunkenness for one (1) year; (B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (C) Offer such indignities to the person of the other as shall render his or her condition intolerable.

(1) The other spouse has committed adultery;

(2) The other spouse has committed a felony and has been sentenced to death or imprisonment;

(3) The other spouse has physically or sexually abused the spouse seeking the legal separation or divorce or a child of one (1) of the spouses;

(4) The spouses have been living separate and apart continuously without reconciliation for a period of two (2) years; or

(5) The other spouse shall: (A) Be addicted to habitual drunkenness for one (1) year; (B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or (C) Offer such indignities to the person of the other as shall render his or her condition intolerable.

(A) Be addicted to habitual drunkenness for one (1) year;

(B) Be guilty of such cruel and barbarous treatment as to endanger the life of the other; or

(C) Offer such indignities to the person of the other as shall render his or her condition intolerable.

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-27-603 — AR Code / Title 9 / Chapter 27 / Subchapter 6 / Section 9-27-603
Mental health assessment - Requirements
Status: in_force

(a) When a mental health screening or assessment is provided to the juvenile division of a circuit court, the screening or assessment shall include, but not be limited to, the following: (1) The mental health services needed for the juvenile and the juvenile's family; and (2) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services. (b) If the screening or assessment recommends that the juvenile cannot remain safely in his or her home, then the screening or assessment shall state the recommended type of residential treatment or inpatient treatment that is needed for the juvenile that: (1) Meets the treatment needs of the juvenile; (2) Allows the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the treatment plan; (3) Provides for the least restrictive placement ensuring the health and safety of the juvenile; (4) Provides an anticipated length of time needed for residential or inpatient treatment; and (5) Provides a plan for the reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from residential or inpatient treatment. Acts 2005, No. 1959, § 3

(a) When a mental health screening or assessment is provided to the juvenile division of a circuit court, the screening or assessment shall include, but not be limited to, the following: (1) The mental health services needed for the juvenile and the juvenile's family; and (2) The services that could be provided to enable the juvenile to remain safely in his or her home and the availability of such services.

(1) The mental health services needed for the juvenile and the juvenile's family; and

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

(b) If the screening or assessment recommends that the juvenile cannot remain safely in his or her home, then the screening or assessment shall state the recommended type of residential treatment or inpatient treatment that is needed for the juvenile that: (1) Meets the treatment needs of the juvenile; (2) Allows the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the treatment plan; (3) Provides for the least restrictive placement ensuring the health and safety of the juvenile; (4) Provides an anticipated length of time needed for residential or inpatient treatment; and (5) Provides a plan for the reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from residential or inpatient treatment.

(1) Meets the treatment needs of the juvenile;

(2) Allows the juvenile to remain as close to his or her home and community as possible so that his or her family can participate in the treatment plan;

(3) Provides for the least restrictive placement ensuring the health and safety of the juvenile;

(4) Provides an anticipated length of time needed for residential or inpatient treatment; and

(5) Provides a plan for the reintegration of the juvenile into his or her community, including coordination with local providers when the juvenile is released from residential or inpatient treatment.

Acts 2005, No. 1959, § 3
Ark. Code Ann. § 9-5-111 — AR Code / Title 9 / Chapter 5 / Section 9-5-111
Fiscal requirements
Status: in_force

Every child safety center shall: (1) Incorporate in this state as a private nonprofit corporation that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) , as it existed on January 1, 2007, and that has the primary purpose of providing services to child victims of child abuse; (2) Be governed by a board of directors; (3) Develop and implement written personnel policies that state the child safety center's employment practices; (4) Develop and implement written procedures that conform with the uniform system of recordkeeping developed by the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas to ensure proper handling of funds; and (5) Provide the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee with statistical data that states the following: (A) The type of investigative services and the number of children served by each type of investigative service provided by the child safety centers; (B) The number, race, age, and gender of the children served each year; and (C) The outcomes of services to children provided by the child safety centers, including without limitation: (i) The number of founded maltreatment reports; and (ii) The number of unfounded maltreatment reports and the ratio between founded and unfounded reports for each year. Amended by Act 2021, No. 975,§ 7, eff. 7/28/2021. Acts 2007, No. 703, § 5

Every child safety center shall:

(1) Incorporate in this state as a private nonprofit corporation that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) , as it existed on January 1, 2007, and that has the primary purpose of providing services to child victims of child abuse;

(2) Be governed by a board of directors;

(3) Develop and implement written personnel policies that state the child safety center's employment practices;

(4) Develop and implement written procedures that conform with the uniform system of recordkeeping developed by the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas to ensure proper handling of funds; and

(5) Provide the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee with statistical data that states the following: (A) The type of investigative services and the number of children served by each type of investigative service provided by the child safety centers; (B) The number, race, age, and gender of the children served each year; and (C) The outcomes of services to children provided by the child safety centers, including without limitation: (i) The number of founded maltreatment reports; and (ii) The number of unfounded maltreatment reports and the ratio between founded and unfounded reports for each year.

(A) The type of investigative services and the number of children served by each type of investigative service provided by the child safety centers;

(B) The number, race, age, and gender of the children served each year; and

(C) The outcomes of services to children provided by the child safety centers, including without limitation: (i) The number of founded maltreatment reports; and (ii) The number of unfounded maltreatment reports and the ratio between founded and unfounded reports for each year.

(i) The number of founded maltreatment reports; and

(ii) The number of unfounded maltreatment reports and the ratio between founded and unfounded reports for each year.

Amended by Act 2021, No. 975,§ 7, eff. 7/28/2021.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-27-330 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-330
Disposition - Delinquency - Alternatives
Status: in_force

(a) If a juvenile is found to be delinquent, the circuit court may enter an order making any of the following dispositions based upon the best interest of the juvenile: (1) (A) Transfer legal custody of the juvenile to any licensed agency responsible for the care of delinquent juveniles or to a relative or other individual. (B) (i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts. (ii) (a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be: (1) The only validated risk assessment used by courts for commitment; (2) Used throughout the state; and (3) Applied to all commitment decisions for all juvenile offenders. (b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division. (iii) (a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order. (b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division. (c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the: (1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and (2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest. (d) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense and the juvenile is determined to be low risk by the validated risk assessment. (iv) A circuit court committing a juvenile to the division under subdivision (a)(1)(B)(iii) of this section shall make written findings and consider the following factors in making its determination to commit the juvenile to the division: (a) The previous history of the juvenile, including without limitation whether: (1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and (2) Any other previous history of antisocial behavior or patterns of physical violence exist; (b) Whether the circuit court has previously offered less restrictive programs or services to the juvenile and whether there are less restrictive programs or services available to the court that are likely to rehabilitate the juvenile before the expiration of the court's jurisdiction; (c) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (d) Any other factors deemed relevant by the circuit court. (v) Upon receipt of an order of commitment with recommendations for placement, the division shall consider the recommendations of the committing court in placing a juvenile in a youth services facility or a community-based program. (vi) Upon receipt of an order of commitment, the division or its contracted provider or designee shall prepare a written treatment plan that: (a) States the treatment plan for the juvenile, including the types of programs and services that will be provided to the juvenile; (b) States the anticipated length of the juvenile's commitment; (c) (1) States recommendations as to the most appropriate post-commitment placement for the juvenile. (2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services. (3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile; (d) States any post-commitment community-based services that will be offered to the juvenile and to his or her family by the division or the community-based provider; (e) (1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider. (2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile. (3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division. (4) All aftercare terms shall be provided to the committing court; and (f) (1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner. (2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile. (3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending. (C) This transfer of custody shall not include placement of adjudicated delinquents into the custody of the Department of Human Services for the purpose of foster care except as under the Child Maltreatment Act, § 12-18-101 et seq.; (2) Order the juvenile or members of the juvenile's family to submit to physical, psychiatric, or psychological evaluations; (3) Grant permanent custody to an individual upon proof that the parent or guardian from whom the juvenile has been removed has not complied with the orders of the court and that no further services or periodic reviews are required; (4) (A) Place the juvenile on probation under those conditions and limitations that the court may prescribe pursuant to § 9-27-339(a) . (B) (i) In addition, the court shall have the right as a term of probation to require the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section. (ii) The court shall have the right to revoke probation if the juvenile fails to regularly attend school or if satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section is not being made; (5) Order a probation fee, not to exceed twenty dollars ($20.00) per month, as provided in § 16-13-326(a) ; (6) Assess a court cost of no more than thirty-five dollars ($35.00) to be paid by the juvenile, his or her parent, both parents, or his or her guardian; (7) (A) Order restitution to be paid by the juvenile, a parent, both parents, the guardian, or his or her custodian. (B) If the custodian is the State of Arkansas, both liability and the amount that may be assessed shall be determined by the Arkansas State Claims Commission; (8) Order a fine of not more than five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, or the guardian; (9) Order that the juvenile and his or her parent, both parents, or the guardian perform court-approved volunteer service in the community designed to contribute to the rehabilitation of the juvenile or to the ability of the parent or guardian to provide proper parental care and supervision of the juvenile, not to exceed one hundred sixty (160) hours; (10) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-approved parental responsibility training program if available. (B) The court may make reasonable orders requiring proof of completion of the training program within a certain time period and payment of a fee covering the cost of the training program. (C) The court may provide that any violation of such orders shall subject the parent, both parents, or the guardian to the contempt sanctions of the court; (11) (A) (i) Order that the juvenile remain in a juvenile detention facility for an indeterminate period not to exceed ninety (90) days. (ii) The court may further order that the juvenile be eligible for work release or to attend school or other educational or vocational training. (B) The juvenile detention facility shall afford opportunities for education, recreation, and other rehabilitative services to adjudicated delinquents; (12) Place the juvenile on residential detention with electronic monitoring, either in the juvenile's home or in another facility as ordered by the court; (13) (A) Order the parent, both parents, or the guardian of any juvenile adjudicated delinquent and committed to a youth services center, detained in a juvenile detention facility, or placed on electronic monitoring to be liable for the cost of the commitment, detention, or electronic monitoring. (B) (i) The court shall take into account the financial ability of the parent, both parents, or the guardian to pay for the commitment, detention, or electronic monitoring. (ii) The court shall take into account the past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (iii) If the parent is a noncustodial parent, the court shall take into account the opportunity the parent has had to correct the delinquent juvenile's conduct. (iv) The court shall take into account any other factors the court deems relevant; (14) When a juvenile is committed to a youth services center or detained in a juvenile detention facility and the juvenile is covered by private health insurance, order the parent or guardian to provide information on the juvenile's health insurance coverage, including a copy of the health insurance policy and the pharmacy card when available, to the juvenile detention center or youth services center that has physical custody of the juvenile; or (15) (A) Order the Department of Finance and Administration to suspend the driving privileges of any juvenile adjudicated delinquent. (B) The order shall be prepared and transmitted to the Department of Finance and Administration within twenty-four (24) hours after the juvenile has been found delinquent and is sentenced to have his or her driving privileges suspended. (C) The court may provide in the order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school or for other circumstances. (b) The court shall specifically retain jurisdiction to amend or modify any orders entered pursuant to this section. (c) (1) If a juvenile is adjudicated delinquent for possession of a handgun, as provided in § 5-73-119 , or criminal use of prohibited weapons, as provided in § 5-73-104 , or possession of a defaced firearm, as provided in § 5-73-107 , then the court shall commit the juvenile: (A) To a juvenile detention facility, as provided in subdivision (a)(11) of this section; (B) To a youth services center operated by the Department of Human Services State Institutional System Board, as provided in subdivision (a)(1) of this section; or (C) Place the juvenile on residential detention, as provided in subdivision (a)(12) of this section. (2) The court may take into consideration any preadjudication detention period served by the juvenile and sentence the juvenile to time served. (d) (1) When the court orders restitution pursuant to subdivision (a)(7) of this section, the court shall consider the following: (A) The amount of restitution may be decided: (i) If the juvenile is to be responsible for the restitution, by agreement between the juvenile and the victim; (ii) If the parent or parents are to be responsible for the restitution, by agreement between the parent or parents and the victim; (iii) If the juvenile and the parent or parents are to be responsible for the restitution, by agreement between the juvenile, his or her parent or parents, and the victim; or (iv) At a hearing at which the state must prove the restitution amount by a preponderance of the evidence; (B) Restitution shall be made immediately unless the court determines that the parties should be given a specified time to pay or should be allowed to pay in specified installments; and (C) (i) In determining if restitution should be paid and by whom, as well as the method and amount of payment, the court shall take into account: (a) The financial resources of the juvenile, his or her parent, both parents, or the guardian and the burden the payment will impose with regard to the other obligations of the paying party; (b) The ability to pay restitution on an installment basis or on other conditions to be fixed by the court; (c) The rehabilitative effect of the payment of restitution and the method of payment; and (d) The past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (ii) (a) The court shall take into account whether the parent is a noncustodial parent. (b) The court may take into consideration the opportunity the parent has had to correct the delinquent juvenile's conduct. (iii) The court shall take into account any other factors the court deems relevant. (2) If the juvenile is placed on probation, any restitution ordered under this section may be a condition of the probation. (e) When an order of restitution is entered, it may be collected by any means authorized for the enforcement of money judgments in civil actions, and it shall constitute a lien on the real and personal property of the persons and entities the order of restitution is directed upon in the same manner and to the same extent as a money judgment in a civil action. (f) (1) The judgment entered by the court may be in favor of the state, the victim, or any other appropriate beneficiary. (2) The judgment may be discharged by a settlement between the parties ordered to pay restitution and the beneficiaries of the judgment. (g) The court shall determine priority among multiple beneficiaries on the basis of the seriousness of the harm each suffered, their other resources, and other equitable factors. (h) If more than one (1) juvenile is adjudicated delinquent of an offense for which there is a judgment under this section, the juveniles are jointly and severally liable for the judgment, unless the court determines otherwise. (i) (1) A judgment under this section does not bar a remedy available in a civil action under other law. (2) A payment under this section must be credited against a money judgment obtained by the beneficiary of the payment in a civil action. (3) A determination under this section and the fact that payment was or was not ordered or made are not admissible in evidence in a civil action and do not affect the merits of the civil action. (j) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter the following dispositions: (1) Order any of the juvenile delinquency dispositions authorized by this section; and (2) Suspend the imposition of an adult sentence pending court review. Amended by Act 2019, No. 189,§ 4, eff. 7/1/2020. Amended by Act 2019, No. 910,§ 2194, eff. 7/1/2019. Amended by Act 2015, No. 1115,§ 22, eff. 7/22/2015 Acts 1989, No. 273, § 29; 1991, No. 763, § 1; 1993, No. 1227, § 4; 1994 (2nd Ex. Sess.), No. 61, § 1; 1994 (2nd Ex. Sess.), No. 62, § 1; 1995, No. 533, § 9; 1995, No. 779, § 1; 1995, No. 798, § 1; 1995, No. 1261, § 14; 1995, No. 1335, § 1; 1995, No. 1337, § 5; 1997, No. 1118, § 3; 1999, No. 1192, § 19; 1999, No. 1340, §§ 15, 16; 2003, No. 1166, § 16; 2003, No. 1319, § 17; 2003, No. 1809, § 6; 2005, No. 1990, § 9; 2007, No. 587, § 16; 2009, No. 758, § 14; 2009, No. 956, § 12

(a) If a juvenile is found to be delinquent, the circuit court may enter an order making any of the following dispositions based upon the best interest of the juvenile: (1) (A) Transfer legal custody of the juvenile to any licensed agency responsible for the care of delinquent juveniles or to a relative or other individual. (B) (i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts. (ii) (a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be: (1) The only validated risk assessment used by courts for commitment; (2) Used throughout the state; and (3) Applied to all commitment decisions for all juvenile offenders. (b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division. (iii) (a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order. (b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division. (c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the: (1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and (2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest. (d) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense and the juvenile is determined to be low risk by the validated risk assessment. (iv) A circuit court committing a juvenile to the division under subdivision (a)(1)(B)(iii) of this section shall make written findings and consider the following factors in making its determination to commit the juvenile to the division: (a) The previous history of the juvenile, including without limitation whether: (1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and (2) Any other previous history of antisocial behavior or patterns of physical violence exist; (b) Whether the circuit court has previously offered less restrictive programs or services to the juvenile and whether there are less restrictive programs or services available to the court that are likely to rehabilitate the juvenile before the expiration of the court's jurisdiction; (c) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (d) Any other factors deemed relevant by the circuit court. (v) Upon receipt of an order of commitment with recommendations for placement, the division shall consider the recommendations of the committing court in placing a juvenile in a youth services facility or a community-based program. (vi) Upon receipt of an order of commitment, the division or its contracted provider or designee shall prepare a written treatment plan that: (a) States the treatment plan for the juvenile, including the types of programs and services that will be provided to the juvenile; (b) States the anticipated length of the juvenile's commitment; (c) (1) States recommendations as to the most appropriate post-commitment placement for the juvenile. (2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services. (3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile; (d) States any post-commitment community-based services that will be offered to the juvenile and to his or her family by the division or the community-based provider; (e) (1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider. (2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile. (3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division. (4) All aftercare terms shall be provided to the committing court; and (f) (1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner. (2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile. (3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending. (C) This transfer of custody shall not include placement of adjudicated delinquents into the custody of the Department of Human Services for the purpose of foster care except as under the Child Maltreatment Act, § 12-18-101 et seq.; (2) Order the juvenile or members of the juvenile's family to submit to physical, psychiatric, or psychological evaluations; (3) Grant permanent custody to an individual upon proof that the parent or guardian from whom the juvenile has been removed has not complied with the orders of the court and that no further services or periodic reviews are required; (4) (A) Place the juvenile on probation under those conditions and limitations that the court may prescribe pursuant to § 9-27-339(a) . (B) (i) In addition, the court shall have the right as a term of probation to require the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section. (ii) The court shall have the right to revoke probation if the juvenile fails to regularly attend school or if satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section is not being made; (5) Order a probation fee, not to exceed twenty dollars ($20.00) per month, as provided in § 16-13-326(a) ; (6) Assess a court cost of no more than thirty-five dollars ($35.00) to be paid by the juvenile, his or her parent, both parents, or his or her guardian; (7) (A) Order restitution to be paid by the juvenile, a parent, both parents, the guardian, or his or her custodian. (B) If the custodian is the State of Arkansas, both liability and the amount that may be assessed shall be determined by the Arkansas State Claims Commission; (8) Order a fine of not more than five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, or the guardian; (9) Order that the juvenile and his or her parent, both parents, or the guardian perform court-approved volunteer service in the community designed to contribute to the rehabilitation of the juvenile or to the ability of the parent or guardian to provide proper parental care and supervision of the juvenile, not to exceed one hundred sixty (160) hours; (10) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-approved parental responsibility training program if available. (B) The court may make reasonable orders requiring proof of completion of the training program within a certain time period and payment of a fee covering the cost of the training program. (C) The court may provide that any violation of such orders shall subject the parent, both parents, or the guardian to the contempt sanctions of the court; (11) (A) (i) Order that the juvenile remain in a juvenile detention facility for an indeterminate period not to exceed ninety (90) days. (ii) The court may further order that the juvenile be eligible for work release or to attend school or other educational or vocational training. (B) The juvenile detention facility shall afford opportunities for education, recreation, and other rehabilitative services to adjudicated delinquents; (12) Place the juvenile on residential detention with electronic monitoring, either in the juvenile's home or in another facility as ordered by the court; (13) (A) Order the parent, both parents, or the guardian of any juvenile adjudicated delinquent and committed to a youth services center, detained in a juvenile detention facility, or placed on electronic monitoring to be liable for the cost of the commitment, detention, or electronic monitoring. (B) (i) The court shall take into account the financial ability of the parent, both parents, or the guardian to pay for the commitment, detention, or electronic monitoring. (ii) The court shall take into account the past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (iii) If the parent is a noncustodial parent, the court shall take into account the opportunity the parent has had to correct the delinquent juvenile's conduct. (iv) The court shall take into account any other factors the court deems relevant; (14) When a juvenile is committed to a youth services center or detained in a juvenile detention facility and the juvenile is covered by private health insurance, order the parent or guardian to provide information on the juvenile's health insurance coverage, including a copy of the health insurance policy and the pharmacy card when available, to the juvenile detention center or youth services center that has physical custody of the juvenile; or (15) (A) Order the Department of Finance and Administration to suspend the driving privileges of any juvenile adjudicated delinquent. (B) The order shall be prepared and transmitted to the Department of Finance and Administration within twenty-four (24) hours after the juvenile has been found delinquent and is sentenced to have his or her driving privileges suspended. (C) The court may provide in the order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school or for other circumstances.

(1) (A) Transfer legal custody of the juvenile to any licensed agency responsible for the care of delinquent juveniles or to a relative or other individual. (B) (i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts. (ii) (a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be: (1) The only validated risk assessment used by courts for commitment; (2) Used throughout the state; and (3) Applied to all commitment decisions for all juvenile offenders. (b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division. (iii) (a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order. (b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division. (c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the: (1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and (2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest. (d) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense and the juvenile is determined to be low risk by the validated risk assessment. (iv) A circuit court committing a juvenile to the division under subdivision (a)(1)(B)(iii) of this section shall make written findings and consider the following factors in making its determination to commit the juvenile to the division: (a) The previous history of the juvenile, including without limitation whether: (1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and (2) Any other previous history of antisocial behavior or patterns of physical violence exist; (b) Whether the circuit court has previously offered less restrictive programs or services to the juvenile and whether there are less restrictive programs or services available to the court that are likely to rehabilitate the juvenile before the expiration of the court's jurisdiction; (c) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (d) Any other factors deemed relevant by the circuit court. (v) Upon receipt of an order of commitment with recommendations for placement, the division shall consider the recommendations of the committing court in placing a juvenile in a youth services facility or a community-based program. (vi) Upon receipt of an order of commitment, the division or its contracted provider or designee shall prepare a written treatment plan that: (a) States the treatment plan for the juvenile, including the types of programs and services that will be provided to the juvenile; (b) States the anticipated length of the juvenile's commitment; (c) (1) States recommendations as to the most appropriate post-commitment placement for the juvenile. (2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services. (3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile; (d) States any post-commitment community-based services that will be offered to the juvenile and to his or her family by the division or the community-based provider; (e) (1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider. (2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile. (3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division. (4) All aftercare terms shall be provided to the committing court; and (f) (1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner. (2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile. (3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending. (C) This transfer of custody shall not include placement of adjudicated delinquents into the custody of the Department of Human Services for the purpose of foster care except as under the Child Maltreatment Act, § 12-18-101 et seq.;

(A) Transfer legal custody of the juvenile to any licensed agency responsible for the care of delinquent juveniles or to a relative or other individual.

(B) (i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts. (ii) (a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be: (1) The only validated risk assessment used by courts for commitment; (2) Used throughout the state; and (3) Applied to all commitment decisions for all juvenile offenders. (b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division. (iii) (a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order. (b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division. (c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the: (1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and (2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest. (d) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense and the juvenile is determined to be low risk by the validated risk assessment. (iv) A circuit court committing a juvenile to the division under subdivision (a)(1)(B)(iii) of this section shall make written findings and consider the following factors in making its determination to commit the juvenile to the division: (a) The previous history of the juvenile, including without limitation whether: (1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and (2) Any other previous history of antisocial behavior or patterns of physical violence exist; (b) Whether the circuit court has previously offered less restrictive programs or services to the juvenile and whether there are less restrictive programs or services available to the court that are likely to rehabilitate the juvenile before the expiration of the court's jurisdiction; (c) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (d) Any other factors deemed relevant by the circuit court. (v) Upon receipt of an order of commitment with recommendations for placement, the division shall consider the recommendations of the committing court in placing a juvenile in a youth services facility or a community-based program. (vi) Upon receipt of an order of commitment, the division or its contracted provider or designee shall prepare a written treatment plan that: (a) States the treatment plan for the juvenile, including the types of programs and services that will be provided to the juvenile; (b) States the anticipated length of the juvenile's commitment; (c) (1) States recommendations as to the most appropriate post-commitment placement for the juvenile. (2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services. (3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile; (d) States any post-commitment community-based services that will be offered to the juvenile and to his or her family by the division or the community-based provider; (e) (1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider. (2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile. (3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division. (4) All aftercare terms shall be provided to the committing court; and (f) (1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner. (2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile. (3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending.

(i) Commit the juvenile to the Division of Youth Services using the validated risk assessment system for Arkansas juvenile offenders selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division and distributed and administered by the Administrative Office of the Courts.

(ii) (a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be: (1) The only validated risk assessment used by courts for commitment; (2) Used throughout the state; and (3) Applied to all commitment decisions for all juvenile offenders. (b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division.

(a) The validated risk assessment system selected by the Juvenile Judges Committee of the Arkansas Judicial Council with the division shall be: (1) The only validated risk assessment used by courts for commitment; (2) Used throughout the state; and (3) Applied to all commitment decisions for all juvenile offenders.

(1) The only validated risk assessment used by courts for commitment;

(2) Used throughout the state; and

(3) Applied to all commitment decisions for all juvenile offenders.

(b) The validated risk assessment may be changed to another validated risk assessment system by the Juvenile Judges Committee of the Arkansas Judicial Council with the division.

(iii) (a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order. (b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division. (c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the: (1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and (2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest. (d) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense and the juvenile is determined to be low risk by the validated risk assessment.

(a) In an order of commitment, the court may recommend that a juvenile be placed in a treatment program or community-based program instead of a youth services center and shall make specific findings in support of such a placement in the order.

(b) The court shall also specify in its recommendation whether it is requesting a division aftercare plan upon the juvenile's release from the division.

(c) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense unless the: (1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and (2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest.

(1) Juvenile is determined to be moderate risk or high risk by the validated risk assessment; and

(2) Court makes specific findings as to the factors considered for the disposition to be in the juvenile's best interest.

(d) A court may not commit a juvenile to the division if the juvenile is adjudicated delinquent of only a misdemeanor offense and the juvenile is determined to be low risk by the validated risk assessment.

(iv) A circuit court committing a juvenile to the division under subdivision (a)(1)(B)(iii) of this section shall make written findings and consider the following factors in making its determination to commit the juvenile to the division: (a) The previous history of the juvenile, including without limitation whether: (1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and (2) Any other previous history of antisocial behavior or patterns of physical violence exist; (b) Whether the circuit court has previously offered less restrictive programs or services to the juvenile and whether there are less restrictive programs or services available to the court that are likely to rehabilitate the juvenile before the expiration of the court's jurisdiction; (c) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (d) Any other factors deemed relevant by the circuit court.

(a) The previous history of the juvenile, including without limitation whether: (1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and (2) Any other previous history of antisocial behavior or patterns of physical violence exist;

(1) The juvenile has been adjudicated delinquent and, if so, whether the offense was against a person or property; and

(2) Any other previous history of antisocial behavior or patterns of physical violence exist;

(b) Whether the circuit court has previously offered less restrictive programs or services to the juvenile and whether there are less restrictive programs or services available to the court that are likely to rehabilitate the juvenile before the expiration of the court's jurisdiction;

(c) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and

(d) Any other factors deemed relevant by the circuit court.

(v) Upon receipt of an order of commitment with recommendations for placement, the division shall consider the recommendations of the committing court in placing a juvenile in a youth services facility or a community-based program.

(vi) Upon receipt of an order of commitment, the division or its contracted provider or designee shall prepare a written treatment plan that: (a) States the treatment plan for the juvenile, including the types of programs and services that will be provided to the juvenile; (b) States the anticipated length of the juvenile's commitment; (c) (1) States recommendations as to the most appropriate post-commitment placement for the juvenile. (2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services. (3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile; (d) States any post-commitment community-based services that will be offered to the juvenile and to his or her family by the division or the community-based provider; (e) (1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider. (2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile. (3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division. (4) All aftercare terms shall be provided to the committing court; and (f) (1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner. (2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile. (3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending.

(a) States the treatment plan for the juvenile, including the types of programs and services that will be provided to the juvenile;

(b) States the anticipated length of the juvenile's commitment;

(c) (1) States recommendations as to the most appropriate post-commitment placement for the juvenile. (2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services. (3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile;

(1) States recommendations as to the most appropriate post-commitment placement for the juvenile.

(2) If the juvenile cannot return to the custody of his or her parent, guardian, or custodian because of child maltreatment, which includes the parent's, guardian's, or custodian's refusing to take responsibility for the juvenile, the division shall immediately contact the Office of Chief Counsel of the Department of Human Services.

(3) The Office of Chief Counsel of the Department of Human Services shall petition the committing court to determine the issue of custody of the juvenile;

(d) States any post-commitment community-based services that will be offered to the juvenile and to his or her family by the division or the community-based provider;

(e) (1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider. (2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile. (3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division. (4) All aftercare terms shall be provided to the committing court; and

(1) Outlines an aftercare plan, if recommended, including specific terms and conditions required of the juvenile and the community-based provider.

(2) If the juvenile progresses in treatment and an aftercare plan is no longer recommended or the terms of the aftercare plan need to be amended as a result of treatment changes, any change in the terms of the aftercare plan and conditions shall be provided in writing and shall be explained to the juvenile.

(3) The terms and conditions shall be provided also to the prosecuting attorney, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian by the division or its designee before the juvenile's release from the division.

(4) All aftercare terms shall be provided to the committing court; and

(f) (1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner. (2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile. (3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending.

(1) The treatment plan shall be filed with the committing court no later than thirty (30) days from the date of the commitment order or before the juvenile's release, whichever is sooner.

(2) A copy of the written treatment plan shall be provided and shall be explained to the juvenile.

(3) A copy shall be provided to the prosecutor, the juvenile's attorney, and to the juvenile's legal parent, guardian, or custodian and shall be filed in the court files of any circuit court where a dependency-neglect or family in need of services case concerning that juvenile is pending.

(C) This transfer of custody shall not include placement of adjudicated delinquents into the custody of the Department of Human Services for the purpose of foster care except as under the Child Maltreatment Act, § 12-18-101 et seq.;

(2) Order the juvenile or members of the juvenile's family to submit to physical, psychiatric, or psychological evaluations;

(3) Grant permanent custody to an individual upon proof that the parent or guardian from whom the juvenile has been removed has not complied with the orders of the court and that no further services or periodic reviews are required;

(4) (A) Place the juvenile on probation under those conditions and limitations that the court may prescribe pursuant to § 9-27-339(a) . (B) (i) In addition, the court shall have the right as a term of probation to require the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section. (ii) The court shall have the right to revoke probation if the juvenile fails to regularly attend school or if satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section is not being made;

(A) Place the juvenile on probation under those conditions and limitations that the court may prescribe pursuant to § 9-27-339(a) .

(B) (i) In addition, the court shall have the right as a term of probation to require the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section. (ii) The court shall have the right to revoke probation if the juvenile fails to regularly attend school or if satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section is not being made;

(i) In addition, the court shall have the right as a term of probation to require the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section.

(ii) The court shall have the right to revoke probation if the juvenile fails to regularly attend school or if satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section is not being made;

(5) Order a probation fee, not to exceed twenty dollars ($20.00) per month, as provided in § 16-13-326(a) ;

(6) Assess a court cost of no more than thirty-five dollars ($35.00) to be paid by the juvenile, his or her parent, both parents, or his or her guardian;

(7) (A) Order restitution to be paid by the juvenile, a parent, both parents, the guardian, or his or her custodian. (B) If the custodian is the State of Arkansas, both liability and the amount that may be assessed shall be determined by the Arkansas State Claims Commission;

(A) Order restitution to be paid by the juvenile, a parent, both parents, the guardian, or his or her custodian.

(B) If the custodian is the State of Arkansas, both liability and the amount that may be assessed shall be determined by the Arkansas State Claims Commission;

(8) Order a fine of not more than five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, or the guardian;

(9) Order that the juvenile and his or her parent, both parents, or the guardian perform court-approved volunteer service in the community designed to contribute to the rehabilitation of the juvenile or to the ability of the parent or guardian to provide proper parental care and supervision of the juvenile, not to exceed one hundred sixty (160) hours;

(10) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-approved parental responsibility training program if available. (B) The court may make reasonable orders requiring proof of completion of the training program within a certain time period and payment of a fee covering the cost of the training program. (C) The court may provide that any violation of such orders shall subject the parent, both parents, or the guardian to the contempt sanctions of the court;

(A) Order that the parent, both parents, or the guardian of the juvenile attend a court-approved parental responsibility training program if available.

(B) The court may make reasonable orders requiring proof of completion of the training program within a certain time period and payment of a fee covering the cost of the training program.

(C) The court may provide that any violation of such orders shall subject the parent, both parents, or the guardian to the contempt sanctions of the court;

(11) (A) (i) Order that the juvenile remain in a juvenile detention facility for an indeterminate period not to exceed ninety (90) days. (ii) The court may further order that the juvenile be eligible for work release or to attend school or other educational or vocational training. (B) The juvenile detention facility shall afford opportunities for education, recreation, and other rehabilitative services to adjudicated delinquents;

(A) (i) Order that the juvenile remain in a juvenile detention facility for an indeterminate period not to exceed ninety (90) days. (ii) The court may further order that the juvenile be eligible for work release or to attend school or other educational or vocational training.

(i) Order that the juvenile remain in a juvenile detention facility for an indeterminate period not to exceed ninety (90) days.

(ii) The court may further order that the juvenile be eligible for work release or to attend school or other educational or vocational training.

(B) The juvenile detention facility shall afford opportunities for education, recreation, and other rehabilitative services to adjudicated delinquents;

(12) Place the juvenile on residential detention with electronic monitoring, either in the juvenile's home or in another facility as ordered by the court;

(13) (A) Order the parent, both parents, or the guardian of any juvenile adjudicated delinquent and committed to a youth services center, detained in a juvenile detention facility, or placed on electronic monitoring to be liable for the cost of the commitment, detention, or electronic monitoring. (B) (i) The court shall take into account the financial ability of the parent, both parents, or the guardian to pay for the commitment, detention, or electronic monitoring. (ii) The court shall take into account the past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (iii) If the parent is a noncustodial parent, the court shall take into account the opportunity the parent has had to correct the delinquent juvenile's conduct. (iv) The court shall take into account any other factors the court deems relevant;

(A) Order the parent, both parents, or the guardian of any juvenile adjudicated delinquent and committed to a youth services center, detained in a juvenile detention facility, or placed on electronic monitoring to be liable for the cost of the commitment, detention, or electronic monitoring.

(B) (i) The court shall take into account the financial ability of the parent, both parents, or the guardian to pay for the commitment, detention, or electronic monitoring. (ii) The court shall take into account the past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (iii) If the parent is a noncustodial parent, the court shall take into account the opportunity the parent has had to correct the delinquent juvenile's conduct. (iv) The court shall take into account any other factors the court deems relevant;

(i) The court shall take into account the financial ability of the parent, both parents, or the guardian to pay for the commitment, detention, or electronic monitoring.

(ii) The court shall take into account the past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct.

(iii) If the parent is a noncustodial parent, the court shall take into account the opportunity the parent has had to correct the delinquent juvenile's conduct.

(iv) The court shall take into account any other factors the court deems relevant;

(14) When a juvenile is committed to a youth services center or detained in a juvenile detention facility and the juvenile is covered by private health insurance, order the parent or guardian to provide information on the juvenile's health insurance coverage, including a copy of the health insurance policy and the pharmacy card when available, to the juvenile detention center or youth services center that has physical custody of the juvenile; or

(15) (A) Order the Department of Finance and Administration to suspend the driving privileges of any juvenile adjudicated delinquent. (B) The order shall be prepared and transmitted to the Department of Finance and Administration within twenty-four (24) hours after the juvenile has been found delinquent and is sentenced to have his or her driving privileges suspended. (C) The court may provide in the order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school or for other circumstances.

(A) Order the Department of Finance and Administration to suspend the driving privileges of any juvenile adjudicated delinquent.

(B) The order shall be prepared and transmitted to the Department of Finance and Administration within twenty-four (24) hours after the juvenile has been found delinquent and is sentenced to have his or her driving privileges suspended.

(C) The court may provide in the order for the issuance of a restricted driving permit to allow driving to and from a place of employment or driving to and from school or for other circumstances.

(b) The court shall specifically retain jurisdiction to amend or modify any orders entered pursuant to this section.

(c) (1) If a juvenile is adjudicated delinquent for possession of a handgun, as provided in § 5-73-119 , or criminal use of prohibited weapons, as provided in § 5-73-104 , or possession of a defaced firearm, as provided in § 5-73-107 , then the court shall commit the juvenile: (A) To a juvenile detention facility, as provided in subdivision (a)(11) of this section; (B) To a youth services center operated by the Department of Human Services State Institutional System Board, as provided in subdivision (a)(1) of this section; or (C) Place the juvenile on residential detention, as provided in subdivision (a)(12) of this section. (2) The court may take into consideration any preadjudication detention period served by the juvenile and sentence the juvenile to time served.

(1) If a juvenile is adjudicated delinquent for possession of a handgun, as provided in § 5-73-119 , or criminal use of prohibited weapons, as provided in § 5-73-104 , or possession of a defaced firearm, as provided in § 5-73-107 , then the court shall commit the juvenile: (A) To a juvenile detention facility, as provided in subdivision (a)(11) of this section; (B) To a youth services center operated by the Department of Human Services State Institutional System Board, as provided in subdivision (a)(1) of this section; or (C) Place the juvenile on residential detention, as provided in subdivision (a)(12) of this section.

(A) To a juvenile detention facility, as provided in subdivision (a)(11) of this section;

(B) To a youth services center operated by the Department of Human Services State Institutional System Board, as provided in subdivision (a)(1) of this section; or

(C) Place the juvenile on residential detention, as provided in subdivision (a)(12) of this section.

(2) The court may take into consideration any preadjudication detention period served by the juvenile and sentence the juvenile to time served.

(d) (1) When the court orders restitution pursuant to subdivision (a)(7) of this section, the court shall consider the following: (A) The amount of restitution may be decided: (i) If the juvenile is to be responsible for the restitution, by agreement between the juvenile and the victim; (ii) If the parent or parents are to be responsible for the restitution, by agreement between the parent or parents and the victim; (iii) If the juvenile and the parent or parents are to be responsible for the restitution, by agreement between the juvenile, his or her parent or parents, and the victim; or (iv) At a hearing at which the state must prove the restitution amount by a preponderance of the evidence; (B) Restitution shall be made immediately unless the court determines that the parties should be given a specified time to pay or should be allowed to pay in specified installments; and (C) (i) In determining if restitution should be paid and by whom, as well as the method and amount of payment, the court shall take into account: (a) The financial resources of the juvenile, his or her parent, both parents, or the guardian and the burden the payment will impose with regard to the other obligations of the paying party; (b) The ability to pay restitution on an installment basis or on other conditions to be fixed by the court; (c) The rehabilitative effect of the payment of restitution and the method of payment; and (d) The past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (ii) (a) The court shall take into account whether the parent is a noncustodial parent. (b) The court may take into consideration the opportunity the parent has had to correct the delinquent juvenile's conduct. (iii) The court shall take into account any other factors the court deems relevant. (2) If the juvenile is placed on probation, any restitution ordered under this section may be a condition of the probation.

(1) When the court orders restitution pursuant to subdivision (a)(7) of this section, the court shall consider the following: (A) The amount of restitution may be decided: (i) If the juvenile is to be responsible for the restitution, by agreement between the juvenile and the victim; (ii) If the parent or parents are to be responsible for the restitution, by agreement between the parent or parents and the victim; (iii) If the juvenile and the parent or parents are to be responsible for the restitution, by agreement between the juvenile, his or her parent or parents, and the victim; or (iv) At a hearing at which the state must prove the restitution amount by a preponderance of the evidence; (B) Restitution shall be made immediately unless the court determines that the parties should be given a specified time to pay or should be allowed to pay in specified installments; and (C) (i) In determining if restitution should be paid and by whom, as well as the method and amount of payment, the court shall take into account: (a) The financial resources of the juvenile, his or her parent, both parents, or the guardian and the burden the payment will impose with regard to the other obligations of the paying party; (b) The ability to pay restitution on an installment basis or on other conditions to be fixed by the court; (c) The rehabilitative effect of the payment of restitution and the method of payment; and (d) The past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (ii) (a) The court shall take into account whether the parent is a noncustodial parent. (b) The court may take into consideration the opportunity the parent has had to correct the delinquent juvenile's conduct. (iii) The court shall take into account any other factors the court deems relevant.

(A) The amount of restitution may be decided: (i) If the juvenile is to be responsible for the restitution, by agreement between the juvenile and the victim; (ii) If the parent or parents are to be responsible for the restitution, by agreement between the parent or parents and the victim; (iii) If the juvenile and the parent or parents are to be responsible for the restitution, by agreement between the juvenile, his or her parent or parents, and the victim; or (iv) At a hearing at which the state must prove the restitution amount by a preponderance of the evidence;

(i) If the juvenile is to be responsible for the restitution, by agreement between the juvenile and the victim;

(ii) If the parent or parents are to be responsible for the restitution, by agreement between the parent or parents and the victim;

(iii) If the juvenile and the parent or parents are to be responsible for the restitution, by agreement between the juvenile, his or her parent or parents, and the victim; or

(iv) At a hearing at which the state must prove the restitution amount by a preponderance of the evidence;

(B) Restitution shall be made immediately unless the court determines that the parties should be given a specified time to pay or should be allowed to pay in specified installments; and

(C) (i) In determining if restitution should be paid and by whom, as well as the method and amount of payment, the court shall take into account: (a) The financial resources of the juvenile, his or her parent, both parents, or the guardian and the burden the payment will impose with regard to the other obligations of the paying party; (b) The ability to pay restitution on an installment basis or on other conditions to be fixed by the court; (c) The rehabilitative effect of the payment of restitution and the method of payment; and (d) The past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct. (ii) (a) The court shall take into account whether the parent is a noncustodial parent. (b) The court may take into consideration the opportunity the parent has had to correct the delinquent juvenile's conduct. (iii) The court shall take into account any other factors the court deems relevant.

(i) In determining if restitution should be paid and by whom, as well as the method and amount of payment, the court shall take into account: (a) The financial resources of the juvenile, his or her parent, both parents, or the guardian and the burden the payment will impose with regard to the other obligations of the paying party; (b) The ability to pay restitution on an installment basis or on other conditions to be fixed by the court; (c) The rehabilitative effect of the payment of restitution and the method of payment; and (d) The past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct.

(a) The financial resources of the juvenile, his or her parent, both parents, or the guardian and the burden the payment will impose with regard to the other obligations of the paying party;

(b) The ability to pay restitution on an installment basis or on other conditions to be fixed by the court;

(c) The rehabilitative effect of the payment of restitution and the method of payment; and

(d) The past efforts of the parent, both parents, or the guardian to correct the delinquent juvenile's conduct.

(ii) (a) The court shall take into account whether the parent is a noncustodial parent. (b) The court may take into consideration the opportunity the parent has had to correct the delinquent juvenile's conduct.

(a) The court shall take into account whether the parent is a noncustodial parent.

(b) The court may take into consideration the opportunity the parent has had to correct the delinquent juvenile's conduct.

(iii) The court shall take into account any other factors the court deems relevant.

(2) If the juvenile is placed on probation, any restitution ordered under this section may be a condition of the probation.

(e) When an order of restitution is entered, it may be collected by any means authorized for the enforcement of money judgments in civil actions, and it shall constitute a lien on the real and personal property of the persons and entities the order of restitution is directed upon in the same manner and to the same extent as a money judgment in a civil action.

(f) (1) The judgment entered by the court may be in favor of the state, the victim, or any other appropriate beneficiary. (2) The judgment may be discharged by a settlement between the parties ordered to pay restitution and the beneficiaries of the judgment.

(1) The judgment entered by the court may be in favor of the state, the victim, or any other appropriate beneficiary.

(2) The judgment may be discharged by a settlement between the parties ordered to pay restitution and the beneficiaries of the judgment.

(g) The court shall determine priority among multiple beneficiaries on the basis of the seriousness of the harm each suffered, their other resources, and other equitable factors.

(h) If more than one (1) juvenile is adjudicated delinquent of an offense for which there is a judgment under this section, the juveniles are jointly and severally liable for the judgment, unless the court determines otherwise.

(i) (1) A judgment under this section does not bar a remedy available in a civil action under other law. (2) A payment under this section must be credited against a money judgment obtained by the beneficiary of the payment in a civil action. (3) A determination under this section and the fact that payment was or was not ordered or made are not admissible in evidence in a civil action and do not affect the merits of the civil action.

(1) A judgment under this section does not bar a remedy available in a civil action under other law.

(2) A payment under this section must be credited against a money judgment obtained by the beneficiary of the payment in a civil action.

(3) A determination under this section and the fact that payment was or was not ordered or made are not admissible in evidence in a civil action and do not affect the merits of the civil action.

(j) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter the following dispositions: (1) Order any of the juvenile delinquency dispositions authorized by this section; and (2) Suspend the imposition of an adult sentence pending court review.

(1) Order any of the juvenile delinquency dispositions authorized by this section; and

(2) Suspend the imposition of an adult sentence pending court review.

Amended by Act 2019, No. 189,§ 4, eff. 7/1/2020.

Amended by Act 2019, No. 910,§ 2194, eff. 7/1/2019.

Amended by Act 2015, No. 1115,§ 22, eff. 7/22/2015

Acts 1989, No. 273, § 29; 1991, No. 763, § 1; 1993, No. 1227, § 4; 1994 (2nd Ex. Sess.), No. 61, § 1; 1994 (2nd Ex. Sess.), No. 62, § 1; 1995, No. 533, § 9; 1995, No. 779, § 1; 1995, No. 798, § 1; 1995, No. 1261, § 14; 1995, No. 1335, § 1; 1995, No. 1337, § 5; 1997, No. 1118, § 3; 1999, No. 1192, § 19; 1999, No. 1340, §§ 15, 16; 2003, No. 1166, § 16; 2003, No. 1319, § 17; 2003, No. 1809, § 6; 2005, No. 1990, § 9; 2007, No. 587, § 16; 2009, No. 758, § 14; 2009, No. 956, § 12
Ark. Code Ann. § 9-9-501 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-501
Definitions
Status: in_force

As used in this subchapter: (1) "Administrator" means the person charged with maintenance and supervision of a registry and may include the administrator's agents, employees, and designees; (2) "Adoptee" means a person who has been legally adopted in this state; (3) "Adoption" means the judicial act of creating the relationship of parent and child when it did not exist previously; (4) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption; (5) "Adult" means a person eighteen (18) or more years of age; (6) "Agency" means any public or voluntary organization licensed or approved pursuant to the laws of any jurisdiction within the United States to place children for adoption; (7) "Birth parent" means: (A) The man or woman deemed or adjudicated under laws of a jurisdiction of the United States to be the father or mother of genetic origin of a child; or (B) (i) A putative father of a child if his name appears on the original sealed birth certificate of the child or if he has been alleged by the birth mother to be and has in writing acknowledged being the child's biological father. (ii) A putative father who has denied or refused to admit paternity shall be deemed not to be a birth parent in the absence of an adjudication under the laws of a jurisdiction of the United States that he is the biological father of the child; (8) "Genetic and social history" means a comprehensive report, when obtainable, on the birth parents, siblings of the birth parents, if any, other children of either birth parent, if any, and any parents of the birth parents, that shall contain the following information: (A) Medical history; (B) Health status; (C) Cause of and age at death; (D) Height, weight, eye color, and hair color; (E) When appropriate, levels of educational and professional achievement; (F) Ethnic origins; and (G) Religion, if any; (9) "Health history" means a comprehensive report of the child's health status at the time of placement for adoption and medical history, including neonatal, psychological, physiological, and medical care history; (10) "Mutual consent voluntary adoption registry" or "registry" means a place provided for in this subchapter where eligible persons may indicate their willingness to have their identity and whereabouts disclosed to each other under conditions specified in this subchapter; and (11) "Putative father" means any man not deemed or adjudicated under the laws of the jurisdiction of the United States to be the father of genetic origin of a child who claims or is alleged to be the father of genetic origin of the child. Acts 1985, No. 957, § 1; A.S.A. 1947, § 56-138; Acts 1987, No. 1060, § 1; 2003, No. 650, § 5

As used in this subchapter:

(1) "Administrator" means the person charged with maintenance and supervision of a registry and may include the administrator's agents, employees, and designees;

(2) "Adoptee" means a person who has been legally adopted in this state;

(3) "Adoption" means the judicial act of creating the relationship of parent and child when it did not exist previously;

(4) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption;

(5) "Adult" means a person eighteen (18) or more years of age;

(6) "Agency" means any public or voluntary organization licensed or approved pursuant to the laws of any jurisdiction within the United States to place children for adoption;

(7) "Birth parent" means: (A) The man or woman deemed or adjudicated under laws of a jurisdiction of the United States to be the father or mother of genetic origin of a child; or (B) (i) A putative father of a child if his name appears on the original sealed birth certificate of the child or if he has been alleged by the birth mother to be and has in writing acknowledged being the child's biological father. (ii) A putative father who has denied or refused to admit paternity shall be deemed not to be a birth parent in the absence of an adjudication under the laws of a jurisdiction of the United States that he is the biological father of the child;

(A) The man or woman deemed or adjudicated under laws of a jurisdiction of the United States to be the father or mother of genetic origin of a child; or

(B) (i) A putative father of a child if his name appears on the original sealed birth certificate of the child or if he has been alleged by the birth mother to be and has in writing acknowledged being the child's biological father. (ii) A putative father who has denied or refused to admit paternity shall be deemed not to be a birth parent in the absence of an adjudication under the laws of a jurisdiction of the United States that he is the biological father of the child;

(i) A putative father of a child if his name appears on the original sealed birth certificate of the child or if he has been alleged by the birth mother to be and has in writing acknowledged being the child's biological father.

(ii) A putative father who has denied or refused to admit paternity shall be deemed not to be a birth parent in the absence of an adjudication under the laws of a jurisdiction of the United States that he is the biological father of the child;

(8) "Genetic and social history" means a comprehensive report, when obtainable, on the birth parents, siblings of the birth parents, if any, other children of either birth parent, if any, and any parents of the birth parents, that shall contain the following information: (A) Medical history; (B) Health status; (C) Cause of and age at death; (D) Height, weight, eye color, and hair color; (E) When appropriate, levels of educational and professional achievement; (F) Ethnic origins; and (G) Religion, if any;

(A) Medical history;

(B) Health status;

(C) Cause of and age at death;

(D) Height, weight, eye color, and hair color;

(E) When appropriate, levels of educational and professional achievement;

(F) Ethnic origins; and

(G) Religion, if any;

(9) "Health history" means a comprehensive report of the child's health status at the time of placement for adoption and medical history, including neonatal, psychological, physiological, and medical care history;

(10) "Mutual consent voluntary adoption registry" or "registry" means a place provided for in this subchapter where eligible persons may indicate their willingness to have their identity and whereabouts disclosed to each other under conditions specified in this subchapter; and

(11) "Putative father" means any man not deemed or adjudicated under the laws of the jurisdiction of the United States to be the father of genetic origin of a child who claims or is alleged to be the father of genetic origin of the child.

Acts 1985, No. 957, § 1; A.S.A. 1947, § 56-138; Acts 1987, No. 1060, § 1; 2003, No. 650, § 5
Ark. Code Ann. § 9-28-1003 — AR Code / Title 9 / Chapter 28 / Subchapter 10 / Section 9-28-1003
Safeguards for children in foster care
Status: in_force

(a) Special safeguards, resources, and care should be provided to children involved in dependency-neglect cases who are in foster care or in an out-of-home placement because of the temporary or permanent separation from parents. (b) A child in foster care in the State of Arkansas shall be entitled to the following: (1) To be cherished by a family of his or her own; (2) To be nurtured by foster parents who have been selected to meet his or her individual needs; (3) To be heard and involved with the decisions of his or her life; (4) To have complete information and direct answers to his or her questions about choices, services, and decisions; (5) To be informed about and have involvement when appropriate with his or her birth family and siblings; (6) To have reasonable access to his or her caseworker or a person in the Department of Human Services who can make decisions on his or her behalf; (7) To express his or her opinion and have it treated respectfully; (8) To request support and services that he or she needs; (9) To have individualized care and attention; (10) To have ongoing contact with significant people in his or her life, such as teachers, friends, personal support, and relatives; (11) To be notified of changes impacting his or her permanence, safety, stability, or well-being; (12) To have a stable, appropriate placement if he or she is placed in foster care; (13) To receive free appropriate education, training, and career guidance to prepare him or her for a useful and satisfying life; (14) To receive preparation for citizenship and parenthood through interaction with foster parents and other adults who are consistent role models; (15) To have reasonable access to and be represented by an attorney ad litem in all juvenile judicial proceedings so that his or her best interests are represented; (16) To receive quality child welfare services; (17) To have a plan for his or her future and the support needed to accomplish it; (18) To receive a copy of his or her case record upon exiting foster care; (19) To be placed in the custody or foster home of relatives, if appropriate, provided the relative caregiver meets all relevant child protection standards; and (20) To be cared for without regard to race, gender, religion, or disability. (c) Sibling relationships are recognized to be unique and separate from the parent-child bond due to the similar history, heritage, culture, and biology of the siblings; and sibling separation is a significant and distinct loss that must be repaired by frequent and regular contact, continuity, and stability during a child's placement in foster care or an out-of-home placement; and each child has the right to know and be actively involved in his or her sibling's lives, absent extraordinary circumstances. (d) In addition to the safeguards identified under subsection (b) of this section, siblings in foster care or in an out-of-home placement in this state are entitled to the following unless a court specifically finds that it is not in the best interest of the child: (1) To live together in the same placement; (2) To be separated only after: (A) An assessment by a mental health professional determines that placement of the siblings together would be detrimental to the health, safety, or well-being of one (1) or more of the juveniles; or (B) The department presents evidence to the court that there are no available relevant placements near the county where the juvenile resided before entering care; (3) If separated, to be placed in close proximity to siblings in order to facilitate frequent and meaningful contact; (4) If separated, to have family time with all siblings that shall: (A) Be regular and consistent; (B) Include face-to-face meetings or alternate methods of communication at least one (1) time per week when possible; and (C) Be outlined in the case plan and approved by the court; (5) To be actively involved in each sibling's life and share celebrations including birthdays, holidays, graduations, and meaningful milestones; (6) To attend extracurricular events of each sibling, including without limitation athletic events, musical performances, scouting ceremonies, and church events; (7) To be included in case plan staffing decisions and permanency planning decisions regarding siblings; (8) To be informed of the expectations for continued contact in the event that a sibling is placed or adopted separately from the sibling; (9) To be notified of a change of placement for a sibling; (10) To be informed when a sibling is being discharged from foster care; (11) If a sibling leaves care, to be allowed to maintain contact with a sibling who remains in an out-of-home placement; (12) To be supported in efforts to maintain relationships with siblings who are not in care or have been adopted or placed in permanent custody or guardianship separately from the child; (13) To not have visitation or contact with a sibling withheld as a behavioral consequence unless there are documented safety concerns; and (14) If separated, to have the sibling's case reviewed by the court at least one (1) time every ninety (90) days for an assessment of the separation and to determine whether there has been a reasonable effort to reunite the siblings and to allow contact between the siblings consistent with this section. (e) A minor who is the custodial parent of one (1) or more children and who is placed in foster care shall be placed in the same placement as the child unless the court has adjudicated the child or children of the minor parent to be dependent-neglected and the court finds that it is not in the best interest of the child or children to be placed in the same placement as the minor parent. Amended by Act 2023, No. 363,§ 29, eff. 8/1/2023. Amended by Act 2015, No. 1017,§ 14, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 13, eff. 7/22/2015 Acts 2007, No. 725, § 2

(a) Special safeguards, resources, and care should be provided to children involved in dependency-neglect cases who are in foster care or in an out-of-home placement because of the temporary or permanent separation from parents.

(b) A child in foster care in the State of Arkansas shall be entitled to the following: (1) To be cherished by a family of his or her own; (2) To be nurtured by foster parents who have been selected to meet his or her individual needs; (3) To be heard and involved with the decisions of his or her life; (4) To have complete information and direct answers to his or her questions about choices, services, and decisions; (5) To be informed about and have involvement when appropriate with his or her birth family and siblings; (6) To have reasonable access to his or her caseworker or a person in the Department of Human Services who can make decisions on his or her behalf; (7) To express his or her opinion and have it treated respectfully; (8) To request support and services that he or she needs; (9) To have individualized care and attention; (10) To have ongoing contact with significant people in his or her life, such as teachers, friends, personal support, and relatives; (11) To be notified of changes impacting his or her permanence, safety, stability, or well-being; (12) To have a stable, appropriate placement if he or she is placed in foster care; (13) To receive free appropriate education, training, and career guidance to prepare him or her for a useful and satisfying life; (14) To receive preparation for citizenship and parenthood through interaction with foster parents and other adults who are consistent role models; (15) To have reasonable access to and be represented by an attorney ad litem in all juvenile judicial proceedings so that his or her best interests are represented; (16) To receive quality child welfare services; (17) To have a plan for his or her future and the support needed to accomplish it; (18) To receive a copy of his or her case record upon exiting foster care; (19) To be placed in the custody or foster home of relatives, if appropriate, provided the relative caregiver meets all relevant child protection standards; and (20) To be cared for without regard to race, gender, religion, or disability.

(1) To be cherished by a family of his or her own;

(2) To be nurtured by foster parents who have been selected to meet his or her individual needs;

(3) To be heard and involved with the decisions of his or her life;

(4) To have complete information and direct answers to his or her questions about choices, services, and decisions;

(5) To be informed about and have involvement when appropriate with his or her birth family and siblings;

(6) To have reasonable access to his or her caseworker or a person in the Department of Human Services who can make decisions on his or her behalf;

(7) To express his or her opinion and have it treated respectfully;

(8) To request support and services that he or she needs;

(9) To have individualized care and attention;

(10) To have ongoing contact with significant people in his or her life, such as teachers, friends, personal support, and relatives;

(11) To be notified of changes impacting his or her permanence, safety, stability, or well-being;

(12) To have a stable, appropriate placement if he or she is placed in foster care;

(13) To receive free appropriate education, training, and career guidance to prepare him or her for a useful and satisfying life;

(14) To receive preparation for citizenship and parenthood through interaction with foster parents and other adults who are consistent role models;

(15) To have reasonable access to and be represented by an attorney ad litem in all juvenile judicial proceedings so that his or her best interests are represented;

(16) To receive quality child welfare services;

(17) To have a plan for his or her future and the support needed to accomplish it;

(18) To receive a copy of his or her case record upon exiting foster care;

(19) To be placed in the custody or foster home of relatives, if appropriate, provided the relative caregiver meets all relevant child protection standards; and

(20) To be cared for without regard to race, gender, religion, or disability.

(c) Sibling relationships are recognized to be unique and separate from the parent-child bond due to the similar history, heritage, culture, and biology of the siblings; and sibling separation is a significant and distinct loss that must be repaired by frequent and regular contact, continuity, and stability during a child's placement in foster care or an out-of-home placement; and each child has the right to know and be actively involved in his or her sibling's lives, absent extraordinary circumstances.

(d) In addition to the safeguards identified under subsection (b) of this section, siblings in foster care or in an out-of-home placement in this state are entitled to the following unless a court specifically finds that it is not in the best interest of the child: (1) To live together in the same placement; (2) To be separated only after: (A) An assessment by a mental health professional determines that placement of the siblings together would be detrimental to the health, safety, or well-being of one (1) or more of the juveniles; or (B) The department presents evidence to the court that there are no available relevant placements near the county where the juvenile resided before entering care; (3) If separated, to be placed in close proximity to siblings in order to facilitate frequent and meaningful contact; (4) If separated, to have family time with all siblings that shall: (A) Be regular and consistent; (B) Include face-to-face meetings or alternate methods of communication at least one (1) time per week when possible; and (C) Be outlined in the case plan and approved by the court; (5) To be actively involved in each sibling's life and share celebrations including birthdays, holidays, graduations, and meaningful milestones; (6) To attend extracurricular events of each sibling, including without limitation athletic events, musical performances, scouting ceremonies, and church events; (7) To be included in case plan staffing decisions and permanency planning decisions regarding siblings; (8) To be informed of the expectations for continued contact in the event that a sibling is placed or adopted separately from the sibling; (9) To be notified of a change of placement for a sibling; (10) To be informed when a sibling is being discharged from foster care; (11) If a sibling leaves care, to be allowed to maintain contact with a sibling who remains in an out-of-home placement; (12) To be supported in efforts to maintain relationships with siblings who are not in care or have been adopted or placed in permanent custody or guardianship separately from the child; (13) To not have visitation or contact with a sibling withheld as a behavioral consequence unless there are documented safety concerns; and (14) If separated, to have the sibling's case reviewed by the court at least one (1) time every ninety (90) days for an assessment of the separation and to determine whether there has been a reasonable effort to reunite the siblings and to allow contact between the siblings consistent with this section.

(1) To live together in the same placement;

(2) To be separated only after: (A) An assessment by a mental health professional determines that placement of the siblings together would be detrimental to the health, safety, or well-being of one (1) or more of the juveniles; or (B) The department presents evidence to the court that there are no available relevant placements near the county where the juvenile resided before entering care;

(A) An assessment by a mental health professional determines that placement of the siblings together would be detrimental to the health, safety, or well-being of one (1) or more of the juveniles; or

(B) The department presents evidence to the court that there are no available relevant placements near the county where the juvenile resided before entering care;

(3) If separated, to be placed in close proximity to siblings in order to facilitate frequent and meaningful contact;

(4) If separated, to have family time with all siblings that shall: (A) Be regular and consistent; (B) Include face-to-face meetings or alternate methods of communication at least one (1) time per week when possible; and (C) Be outlined in the case plan and approved by the court;

(A) Be regular and consistent;

(B) Include face-to-face meetings or alternate methods of communication at least one (1) time per week when possible; and

(C) Be outlined in the case plan and approved by the court;

(5) To be actively involved in each sibling's life and share celebrations including birthdays, holidays, graduations, and meaningful milestones;

(6) To attend extracurricular events of each sibling, including without limitation athletic events, musical performances, scouting ceremonies, and church events;

(7) To be included in case plan staffing decisions and permanency planning decisions regarding siblings;

(8) To be informed of the expectations for continued contact in the event that a sibling is placed or adopted separately from the sibling;

(9) To be notified of a change of placement for a sibling;

(10) To be informed when a sibling is being discharged from foster care;

(11) If a sibling leaves care, to be allowed to maintain contact with a sibling who remains in an out-of-home placement;

(12) To be supported in efforts to maintain relationships with siblings who are not in care or have been adopted or placed in permanent custody or guardianship separately from the child;

(13) To not have visitation or contact with a sibling withheld as a behavioral consequence unless there are documented safety concerns; and

(14) If separated, to have the sibling's case reviewed by the court at least one (1) time every ninety (90) days for an assessment of the separation and to determine whether there has been a reasonable effort to reunite the siblings and to allow contact between the siblings consistent with this section.

(e) A minor who is the custodial parent of one (1) or more children and who is placed in foster care shall be placed in the same placement as the child unless the court has adjudicated the child or children of the minor parent to be dependent-neglected and the court finds that it is not in the best interest of the child or children to be placed in the same placement as the minor parent.

Amended by Act 2023, No. 363,§ 29, eff. 8/1/2023.

Amended by Act 2015, No. 1017,§ 14, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 13, eff. 7/22/2015

Acts 2007, No. 725, § 2
Ark. Code Ann. § 9-14-233 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-233
Arrearages - Interest and attorney's fees - Work activities and incarceration
Status: in_force

(a) All child support that becomes due and remains unpaid shall accrue interest at the rate of ten percent (10%) per annum unless the owner of the judgment or the owner's counsel of record requests prior to the accrual of the interest that the judgment shall not accrue interest. (b) The circuit court shall award a minimum of ten percent (10%) of the support amount due or any reasonable fee, including a contingency fee approved by the circuit court, as attorney's fees in actions for the enforcement of payment of support provided for in the order. (c) Collection of interest and attorney's fees may be by executions, proceedings of contempt, or other remedies as may be available to collect the original support award. (d) (1) In all cases brought pursuant to Title IV-D of the Social Security Act wherein the custodial parent or children receive temporary assistance for needy families or benefits under the food stamp program, the Supplemental Security Income program, Medicaid, and the Children's Health Insurance Program and the obligated parent owes overdue child support, the court shall order the obligated parent to pay the overdue amount according to a plan approved by the court and in compliance with this Code. (2) (A) If the obligated parent subject to such a plan is not incapacitated, the circuit court may order the obligated parent to participate in work activities including, but not limited to, unsubsidized employment, subsidized private sector employment, subsidized public sector employment, work experience including work associated with the refurbishing of publicly assisted housing in the event that sufficient private sector employment is not available. (B) The number of hours that the obligated parent must participate in work activities per week shall be set by the court in an appropriate order. (C) Additionally, the circuit court may order the obligated parent to spend a minimum number of hours engaged in applying for available positions that the obligor is qualified to fill and keep records of such activities as directed by the court. (3) If the obligated parent can demonstrate enrollment and full participation in job-related training, which may include on-the-job-training, job search and job readiness assistance, community service programs, vocational education training not to exceed twelve (12) months' duration, job skills training directly related to employment, education directly related to employment if the obligated parent has not received a high school diploma or high school equivalency diploma approved by the Adult Education Section, the circuit court may substitute such participation in lieu of work activities as set out in subsection (e) of this section. (e) If the obligated parent who is not incapacitated willfully refuses to pay past due support, willfully refuses to engage in work activities, or willfully refuses to seek work activities as ordered by the court, the court may order the obligated parent to be incarcerated. (f) In any action brought for the enforcement of a child support obligation, whenever the court orders an obligated parent to be incarcerated for willful failure to obey a previous order, the court may further direct that the obligated parent be temporarily released from confinement to engage in work activity upon such terms and conditions as the court deems just. Amended by Act 2023, No. 789,§ 1, eff. 8/1/2023. Amended by Act 2015, No. 1115,§ 21, eff. 7/22/2015 Acts 1989, No. 383, § 2; 1995, No. 707, § 1; 1997, No. 1296, § 30; 1999, No. 1514, §§ 15, 16; 2001, No. 1248, §§ 11-13

(a) All child support that becomes due and remains unpaid shall accrue interest at the rate of ten percent (10%) per annum unless the owner of the judgment or the owner's counsel of record requests prior to the accrual of the interest that the judgment shall not accrue interest.

(b) The circuit court shall award a minimum of ten percent (10%) of the support amount due or any reasonable fee, including a contingency fee approved by the circuit court, as attorney's fees in actions for the enforcement of payment of support provided for in the order.

(c) Collection of interest and attorney's fees may be by executions, proceedings of contempt, or other remedies as may be available to collect the original support award.

(d) (1) In all cases brought pursuant to Title IV-D of the Social Security Act wherein the custodial parent or children receive temporary assistance for needy families or benefits under the food stamp program, the Supplemental Security Income program, Medicaid, and the Children's Health Insurance Program and the obligated parent owes overdue child support, the court shall order the obligated parent to pay the overdue amount according to a plan approved by the court and in compliance with this Code. (2) (A) If the obligated parent subject to such a plan is not incapacitated, the circuit court may order the obligated parent to participate in work activities including, but not limited to, unsubsidized employment, subsidized private sector employment, subsidized public sector employment, work experience including work associated with the refurbishing of publicly assisted housing in the event that sufficient private sector employment is not available. (B) The number of hours that the obligated parent must participate in work activities per week shall be set by the court in an appropriate order. (C) Additionally, the circuit court may order the obligated parent to spend a minimum number of hours engaged in applying for available positions that the obligor is qualified to fill and keep records of such activities as directed by the court. (3) If the obligated parent can demonstrate enrollment and full participation in job-related training, which may include on-the-job-training, job search and job readiness assistance, community service programs, vocational education training not to exceed twelve (12) months' duration, job skills training directly related to employment, education directly related to employment if the obligated parent has not received a high school diploma or high school equivalency diploma approved by the Adult Education Section, the circuit court may substitute such participation in lieu of work activities as set out in subsection (e) of this section.

(1) In all cases brought pursuant to Title IV-D of the Social Security Act wherein the custodial parent or children receive temporary assistance for needy families or benefits under the food stamp program, the Supplemental Security Income program, Medicaid, and the Children's Health Insurance Program and the obligated parent owes overdue child support, the court shall order the obligated parent to pay the overdue amount according to a plan approved by the court and in compliance with this Code.

(2) (A) If the obligated parent subject to such a plan is not incapacitated, the circuit court may order the obligated parent to participate in work activities including, but not limited to, unsubsidized employment, subsidized private sector employment, subsidized public sector employment, work experience including work associated with the refurbishing of publicly assisted housing in the event that sufficient private sector employment is not available. (B) The number of hours that the obligated parent must participate in work activities per week shall be set by the court in an appropriate order. (C) Additionally, the circuit court may order the obligated parent to spend a minimum number of hours engaged in applying for available positions that the obligor is qualified to fill and keep records of such activities as directed by the court.

(A) If the obligated parent subject to such a plan is not incapacitated, the circuit court may order the obligated parent to participate in work activities including, but not limited to, unsubsidized employment, subsidized private sector employment, subsidized public sector employment, work experience including work associated with the refurbishing of publicly assisted housing in the event that sufficient private sector employment is not available.

(B) The number of hours that the obligated parent must participate in work activities per week shall be set by the court in an appropriate order.

(C) Additionally, the circuit court may order the obligated parent to spend a minimum number of hours engaged in applying for available positions that the obligor is qualified to fill and keep records of such activities as directed by the court.

(3) If the obligated parent can demonstrate enrollment and full participation in job-related training, which may include on-the-job-training, job search and job readiness assistance, community service programs, vocational education training not to exceed twelve (12) months' duration, job skills training directly related to employment, education directly related to employment if the obligated parent has not received a high school diploma or high school equivalency diploma approved by the Adult Education Section, the circuit court may substitute such participation in lieu of work activities as set out in subsection (e) of this section.

(e) If the obligated parent who is not incapacitated willfully refuses to pay past due support, willfully refuses to engage in work activities, or willfully refuses to seek work activities as ordered by the court, the court may order the obligated parent to be incarcerated.

(f) In any action brought for the enforcement of a child support obligation, whenever the court orders an obligated parent to be incarcerated for willful failure to obey a previous order, the court may further direct that the obligated parent be temporarily released from confinement to engage in work activity upon such terms and conditions as the court deems just.

Amended by Act 2023, No. 789,§ 1, eff. 8/1/2023.

Amended by Act 2015, No. 1115,§ 21, eff. 7/22/2015

Acts 1989, No. 383, § 2; 1995, No. 707, § 1; 1997, No. 1296, § 30; 1999, No. 1514, §§ 15, 16; 2001, No. 1248, §§ 11-13
Ark. Code Ann. § 9-19-103 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-103
Proceedings governed by other law
Status: in_force

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Acts 1999, No. 668, § 103

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

Acts 1999, No. 668, § 103
Ark. Code Ann. § 9-9-303 — AR Code / Title 9 / Chapter 9 / Subchapter 3 / Section 9-9-303
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 4, eff. 8/16/2013 Acts 1977, No. 195, § 2; 1985, No. 322, § 1; 1985, No. 424, § 1; A.S.A. 1947, § 56-127; Acts 1987, No. 778, § 2; 1989, No. 273, § 47

Repealed by Act 2013, No. 1152,§ 4, eff. 8/16/2013

Acts 1977, No. 195, § 2; 1985, No. 322, § 1; 1985, No. 424, § 1; A.S.A. 1947, § 56-127; Acts 1987, No. 778, § 2; 1989, No. 273, § 47
Ark. Code Ann. § 9-14-229 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-229
Income withholding - Termination of order - Notice to payor
Status: in_force

(a) The circuit court may terminate an income withholding order upon proof that the court or its representative has been unable to deliver payments to the custodial parent for a period of six (6) months. (b) An income withholding order shall terminate when there is no further support obligation owed. (c) The circuit court or its representative shall notify the payor to cease withholding and shall refund support payments to the noncustodial parent in those cases in which no state debt as defined in § 9-14-211 remains unpaid. Acts 1985, No. 989, § 18; A.S.A. 1947, § 34-1236

(a) The circuit court may terminate an income withholding order upon proof that the court or its representative has been unable to deliver payments to the custodial parent for a period of six (6) months.

(b) An income withholding order shall terminate when there is no further support obligation owed.

(c) The circuit court or its representative shall notify the payor to cease withholding and shall refund support payments to the noncustodial parent in those cases in which no state debt as defined in § 9-14-211 remains unpaid.

Acts 1985, No. 989, § 18; A.S.A. 1947, § 34-1236
Ark. Code Ann. § 9-27-324 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-324
Preliminary investigation
Status: in_force

(a) Upon receiving notice that a juvenile has been taken into custody on an allegation of delinquency, the intake officer shall also conduct a preliminary investigation. (b) In the course of a preliminary investigation, the intake officer may: (1) Interview the complainant, victim, or witnesses of the act and circumstances alleged in the complaint; (2) Review existing records of the court, law enforcement agencies, and public records of other agencies; and (3) Hold conferences with the juvenile and his or her parent, guardian, or custodian for the purpose of interviewing them and discussing the disposition of the complaint. (c) Any additional inquiries may be made only with the consent of the juvenile and his or her parent, guardian, or custodian. (d) (1) Participation of the juvenile and his or her parent, guardian, or custodian in a conference with an intake officer shall be voluntary, with the right to refuse to continue participation at any time. (2) At the conferences, the juvenile and his or her parent, guardian, or custodian shall be advised of the juvenile's right to assistance of counsel and the right to remain silent when questioned by the intake officer. Acts 1989, No. 273, § 23

(a) Upon receiving notice that a juvenile has been taken into custody on an allegation of delinquency, the intake officer shall also conduct a preliminary investigation.

(b) In the course of a preliminary investigation, the intake officer may: (1) Interview the complainant, victim, or witnesses of the act and circumstances alleged in the complaint; (2) Review existing records of the court, law enforcement agencies, and public records of other agencies; and (3) Hold conferences with the juvenile and his or her parent, guardian, or custodian for the purpose of interviewing them and discussing the disposition of the complaint.

(1) Interview the complainant, victim, or witnesses of the act and circumstances alleged in the complaint;

(2) Review existing records of the court, law enforcement agencies, and public records of other agencies; and

(3) Hold conferences with the juvenile and his or her parent, guardian, or custodian for the purpose of interviewing them and discussing the disposition of the complaint.

(c) Any additional inquiries may be made only with the consent of the juvenile and his or her parent, guardian, or custodian.

(d) (1) Participation of the juvenile and his or her parent, guardian, or custodian in a conference with an intake officer shall be voluntary, with the right to refuse to continue participation at any time. (2) At the conferences, the juvenile and his or her parent, guardian, or custodian shall be advised of the juvenile's right to assistance of counsel and the right to remain silent when questioned by the intake officer.

(1) Participation of the juvenile and his or her parent, guardian, or custodian in a conference with an intake officer shall be voluntary, with the right to refuse to continue participation at any time.

(2) At the conferences, the juvenile and his or her parent, guardian, or custodian shall be advised of the juvenile's right to assistance of counsel and the right to remain silent when questioned by the intake officer.

Acts 1989, No. 273, § 23
Ark. Code Ann. § 9-12-309 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-309
Maintenance and attorney's fees - Interest
Status: in_force

(a) (1) During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony, the court may: (A) (i) Allow to the wife or to the husband maintenance; (ii) Allow a reasonable fee for his or her attorneys; and (iii) Allow expert witness fees; and (B) Enforce the payment of the allowance by orders and executions and proceedings as in cases of contempt. (2) In the final decree of an action for absolute divorce, the court may award the wife or husband costs of court, a reasonable attorney's fee, and expert witness fees. (3) The court may immediately reduce the sums so ordered to judgment and allow the party to execute upon the marital property for the payment of the allowance, except that the homestead shall not be executed upon for the payment of the sums so ordered. (b) The court may allow either party additional attorney's fees for the enforcement of alimony, maintenance, and support provided for in the decree. (c) All child support that becomes due and remains unpaid shall accrue interest at the rate of ten percent (10%) per annum. (d) The court shall award a minimum of ten percent (10%) of the support amount due as attorney's fees in actions for the enforcement of payment of alimony, maintenance, and support provided for in the decree, judgment, or order. (e) Collection of interest and attorney's fees may be by executions, proceedings of contempt, or other remedies as may be available to collect the original support award. Civil Code, § 460; C. & M. Dig., § 3506; Pope's Dig., § 4388; Acts 1941, No. 25, § 1; 1945, No. 274, § 1; 1979, No. 705, § 2; 1983, No. 161, § 1; A.S.A. 1947, § 34-1210; Acts 1987, No. 813, § 1; 2001, No. 207, § 1

(a) (1) During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony, the court may: (A) (i) Allow to the wife or to the husband maintenance; (ii) Allow a reasonable fee for his or her attorneys; and (iii) Allow expert witness fees; and (B) Enforce the payment of the allowance by orders and executions and proceedings as in cases of contempt. (2) In the final decree of an action for absolute divorce, the court may award the wife or husband costs of court, a reasonable attorney's fee, and expert witness fees. (3) The court may immediately reduce the sums so ordered to judgment and allow the party to execute upon the marital property for the payment of the allowance, except that the homestead shall not be executed upon for the payment of the sums so ordered.

(1) During the pendency of an action for divorce, whether absolute or from bed and board, separate maintenance, or alimony, the court may: (A) (i) Allow to the wife or to the husband maintenance; (ii) Allow a reasonable fee for his or her attorneys; and (iii) Allow expert witness fees; and (B) Enforce the payment of the allowance by orders and executions and proceedings as in cases of contempt.

(A) (i) Allow to the wife or to the husband maintenance; (ii) Allow a reasonable fee for his or her attorneys; and (iii) Allow expert witness fees; and

(i) Allow to the wife or to the husband maintenance;

(ii) Allow a reasonable fee for his or her attorneys; and

(iii) Allow expert witness fees; and

(B) Enforce the payment of the allowance by orders and executions and proceedings as in cases of contempt.

(2) In the final decree of an action for absolute divorce, the court may award the wife or husband costs of court, a reasonable attorney's fee, and expert witness fees.

(3) The court may immediately reduce the sums so ordered to judgment and allow the party to execute upon the marital property for the payment of the allowance, except that the homestead shall not be executed upon for the payment of the sums so ordered.

(b) The court may allow either party additional attorney's fees for the enforcement of alimony, maintenance, and support provided for in the decree.

(c) All child support that becomes due and remains unpaid shall accrue interest at the rate of ten percent (10%) per annum.

(d) The court shall award a minimum of ten percent (10%) of the support amount due as attorney's fees in actions for the enforcement of payment of alimony, maintenance, and support provided for in the decree, judgment, or order.

(e) Collection of interest and attorney's fees may be by executions, proceedings of contempt, or other remedies as may be available to collect the original support award.

Civil Code, § 460; C. & M. Dig., § 3506; Pope's Dig., § 4388; Acts 1941, No. 25, § 1; 1945, No. 274, § 1; 1979, No. 705, § 2; 1983, No. 161, § 1; A.S.A. 1947, § 34-1210; Acts 1987, No. 813, § 1; 2001, No. 207, § 1
Ark. Code Ann. § 9-12-314 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-314
Modification of allowance for alimony and maintenance - Child support
Status: in_force

(a) The court, upon application of either party, may make such alterations from time to time, as to the allowance of alimony and maintenance as may be proper and may order any reasonable sum to be paid for the support of the wife or the husband during the pending of a complaint for a divorce. (b) Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or through the Arkansas Child Support Clearinghouse shall be final judgment as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order. (c) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion. However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent. (d) Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section. Rev. Stat., ch. 51, § 12; C. & M. Dig., § 3510; Pope's Dig., § 4392; Acts 1979, No. 705, § 5; A.S.A. 1947, § 34-1213; Acts 1987, No. 1057, § 1; 1997, No. 1296, § 11

(a) The court, upon application of either party, may make such alterations from time to time, as to the allowance of alimony and maintenance as may be proper and may order any reasonable sum to be paid for the support of the wife or the husband during the pending of a complaint for a divorce.

(b) Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or through the Arkansas Child Support Clearinghouse shall be final judgment as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order.

(c) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion. However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent.

(d) Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section.

Rev. Stat., ch. 51, § 12; C. & M. Dig., § 3510; Pope's Dig., § 4392; Acts 1979, No. 705, § 5; A.S.A. 1947, § 34-1213; Acts 1987, No. 1057, § 1; 1997, No. 1296, § 11
Ark. Code Ann. § 9-28-109 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-109
Notice of move in foster care placement
Status: in_force

(a) The policy of the State of Arkansas is that each child placed in the custody of the Department of Human Services should have stable placements. (b) (1) To reduce the number of placements of children in foster care, if a foster parent requests a foster child be removed from his or her home at any time, excluding an emergency that places the child or a family member at risk of harm, then the foster parent shall attend a staffing that shall be arranged by the Division of Children and Family Services within forty-eight (48) hours to discuss what services or assistance is needed to stabilize the placement. (2) The foster child, the child's attorney ad litem, and a court-appointed special advocate, if appointed, shall be notified so that they may attend and participate in the staffing and planning for the placement of the child. (3) If the placement cannot be stabilized, the foster parent shall continue to provide for the foster child for up to five (5) business days until an appropriate alternative placement is located. (c) (1) Other changes in placement shall be made only after notification to the: (A) Foster child; (B) Foster parent or parents; (C) Child's attorney ad litem; (D) Child's birth parents; and (E) Court having jurisdiction over the child. (2) The notices shall: (A) Be sent in writing two (2) weeks before the proposed change in placement unless the current placement is a temporary placement under subdivision (d)(1) of this section; (B) State the reasons that justify the proposed change in placement; (C) Convey to the attorney ad litem the address of the proposed new foster home or placement provider; and (D) Convey to the child the name and telephone number of his or her attorney ad litem and a statement that if the child objects to the change in placement, the attorney ad litem may be able to assist the child in challenging the change in placement. (d) (1) Exceptions to the advance notice requirement shall be made if the: (A) Health or welfare of the child would be endangered by delaying a change in placement; or (B) Child is placed in a placement intended to be temporary until a stable placement can be located for the child in accordance with department policy. (2) Within twenty-four (24) hours of the change in placement the department shall: (A) Notify the birth parent of the change; (B) Notify the child's attorney ad litem of the change; and (C) Provide the attorney ad litem with the name, address, and telephone number of the new foster care home or placement provider. (3) Within seventy-two (72) hours of the change in placement, the department shall provide written notice to the attorney ad litem stating the specific reasons justifying the change of placement without advance notice. (e) (1) If an agent, employee, or contractor of the department fails to comply with this section, an action for violation of this section may be filed with the court by any party to the action against the person who failed to comply with this section with the assessment of punishment to be determined by the court. (2) If the court finds that the agent, employee, or contractor of the department failed to comply with this section, then the court may order the department or the agent, employee, or contractor to pay all the costs of the proceedings brought under this section. Acts 2011, No. 591, § 1

(a) The policy of the State of Arkansas is that each child placed in the custody of the Department of Human Services should have stable placements.

(b) (1) To reduce the number of placements of children in foster care, if a foster parent requests a foster child be removed from his or her home at any time, excluding an emergency that places the child or a family member at risk of harm, then the foster parent shall attend a staffing that shall be arranged by the Division of Children and Family Services within forty-eight (48) hours to discuss what services or assistance is needed to stabilize the placement. (2) The foster child, the child's attorney ad litem, and a court-appointed special advocate, if appointed, shall be notified so that they may attend and participate in the staffing and planning for the placement of the child. (3) If the placement cannot be stabilized, the foster parent shall continue to provide for the foster child for up to five (5) business days until an appropriate alternative placement is located.

(1) To reduce the number of placements of children in foster care, if a foster parent requests a foster child be removed from his or her home at any time, excluding an emergency that places the child or a family member at risk of harm, then the foster parent shall attend a staffing that shall be arranged by the Division of Children and Family Services within forty-eight (48) hours to discuss what services or assistance is needed to stabilize the placement.

(2) The foster child, the child's attorney ad litem, and a court-appointed special advocate, if appointed, shall be notified so that they may attend and participate in the staffing and planning for the placement of the child.

(3) If the placement cannot be stabilized, the foster parent shall continue to provide for the foster child for up to five (5) business days until an appropriate alternative placement is located.

(c) (1) Other changes in placement shall be made only after notification to the: (A) Foster child; (B) Foster parent or parents; (C) Child's attorney ad litem; (D) Child's birth parents; and (E) Court having jurisdiction over the child. (2) The notices shall: (A) Be sent in writing two (2) weeks before the proposed change in placement unless the current placement is a temporary placement under subdivision (d)(1) of this section; (B) State the reasons that justify the proposed change in placement; (C) Convey to the attorney ad litem the address of the proposed new foster home or placement provider; and (D) Convey to the child the name and telephone number of his or her attorney ad litem and a statement that if the child objects to the change in placement, the attorney ad litem may be able to assist the child in challenging the change in placement.

(1) Other changes in placement shall be made only after notification to the: (A) Foster child; (B) Foster parent or parents; (C) Child's attorney ad litem; (D) Child's birth parents; and (E) Court having jurisdiction over the child.

(A) Foster child;

(B) Foster parent or parents;

(C) Child's attorney ad litem;

(D) Child's birth parents; and

(E) Court having jurisdiction over the child.

(2) The notices shall: (A) Be sent in writing two (2) weeks before the proposed change in placement unless the current placement is a temporary placement under subdivision (d)(1) of this section; (B) State the reasons that justify the proposed change in placement; (C) Convey to the attorney ad litem the address of the proposed new foster home or placement provider; and (D) Convey to the child the name and telephone number of his or her attorney ad litem and a statement that if the child objects to the change in placement, the attorney ad litem may be able to assist the child in challenging the change in placement.

(A) Be sent in writing two (2) weeks before the proposed change in placement unless the current placement is a temporary placement under subdivision (d)(1) of this section;

(B) State the reasons that justify the proposed change in placement;

(C) Convey to the attorney ad litem the address of the proposed new foster home or placement provider; and

(D) Convey to the child the name and telephone number of his or her attorney ad litem and a statement that if the child objects to the change in placement, the attorney ad litem may be able to assist the child in challenging the change in placement.

(d) (1) Exceptions to the advance notice requirement shall be made if the: (A) Health or welfare of the child would be endangered by delaying a change in placement; or (B) Child is placed in a placement intended to be temporary until a stable placement can be located for the child in accordance with department policy. (2) Within twenty-four (24) hours of the change in placement the department shall: (A) Notify the birth parent of the change; (B) Notify the child's attorney ad litem of the change; and (C) Provide the attorney ad litem with the name, address, and telephone number of the new foster care home or placement provider. (3) Within seventy-two (72) hours of the change in placement, the department shall provide written notice to the attorney ad litem stating the specific reasons justifying the change of placement without advance notice.

(1) Exceptions to the advance notice requirement shall be made if the: (A) Health or welfare of the child would be endangered by delaying a change in placement; or (B) Child is placed in a placement intended to be temporary until a stable placement can be located for the child in accordance with department policy.

(A) Health or welfare of the child would be endangered by delaying a change in placement; or

(B) Child is placed in a placement intended to be temporary until a stable placement can be located for the child in accordance with department policy.

(2) Within twenty-four (24) hours of the change in placement the department shall: (A) Notify the birth parent of the change; (B) Notify the child's attorney ad litem of the change; and (C) Provide the attorney ad litem with the name, address, and telephone number of the new foster care home or placement provider.

(A) Notify the birth parent of the change;

(B) Notify the child's attorney ad litem of the change; and

(C) Provide the attorney ad litem with the name, address, and telephone number of the new foster care home or placement provider.

(3) Within seventy-two (72) hours of the change in placement, the department shall provide written notice to the attorney ad litem stating the specific reasons justifying the change of placement without advance notice.

(e) (1) If an agent, employee, or contractor of the department fails to comply with this section, an action for violation of this section may be filed with the court by any party to the action against the person who failed to comply with this section with the assessment of punishment to be determined by the court. (2) If the court finds that the agent, employee, or contractor of the department failed to comply with this section, then the court may order the department or the agent, employee, or contractor to pay all the costs of the proceedings brought under this section.

(1) If an agent, employee, or contractor of the department fails to comply with this section, an action for violation of this section may be filed with the court by any party to the action against the person who failed to comply with this section with the assessment of punishment to be determined by the court.

(2) If the court finds that the agent, employee, or contractor of the department failed to comply with this section, then the court may order the department or the agent, employee, or contractor to pay all the costs of the proceedings brought under this section.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-9-223 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-223
[Repealed]
Status: repealed

Repealed by Act 2023, No. 639,§ 6, eff. 8/1/2023. Acts 1985, No. 879, § 5; A.S.A. 1947, § 56-222

Repealed by Act 2023, No. 639,§ 6, eff. 8/1/2023.

Acts 1985, No. 879, § 5; A.S.A. 1947, § 56-222
Ark. Code Ann. § 9-27-308 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-308
Personnel - Duties
Status: in_force

(a) Intake Officers. (1) The judge or judges of the circuit court designated to hear juvenile cases in their district plan under Supreme Court Administrative Order Number 14, originally issued April 6, 2001, shall designate no fewer than one (1) person in his or her judicial district as intake officer for the court. (2) (A) An intake officer shall have the following duties: (i) To receive and investigate complaints and charges that a juvenile is delinquent or dependent-neglected, or that a family is in need of services; (ii) To make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desired; and (iii) To perform all other functions assigned to him or her by this subchapter, by rules promulgated pursuant thereto, or by order of the court. (B) Any of the foregoing functions may be performed in another state if authorized by a court of this state and permitted by the laws of the other state. (3) If the intake officer has reasonable cause to suspect that a juvenile has been subjected to child maltreatment as defined in § 12-18-103 , the intake officer shall immediately notify the central intake of the Department of Human Services. (b) Probation Officers. (1) The judge or judges of the circuit court designated to hear juvenile cases in their district plan under Supreme Court Administrative Order Number 14, originally issued April 6, 2001, shall designate no fewer than one (1) person in his or her judicial district as probation officer. (2) A probation officer shall have the following duties: (A) To make appropriate investigations and reports when required to do so by any provision of this subchapter or the rules promulgated pursuant thereto or by order of the court; (B) To aid and counsel juveniles and their families when required to do so by order of the court; (C) To perform all other appropriate functions assigned to him or her by this subchapter or the rules promulgated pursuant thereto or by order of the court; and (D) To give appropriate aid and assistance to the court when requested to do so by the judge. Acts 1989, No. 273, § 7; 1995, No. 533, § 2; 2003, No. 1166, § 5; 2009, No. 758, § 11

(a) Intake Officers. (1) The judge or judges of the circuit court designated to hear juvenile cases in their district plan under Supreme Court Administrative Order Number 14, originally issued April 6, 2001, shall designate no fewer than one (1) person in his or her judicial district as intake officer for the court. (2) (A) An intake officer shall have the following duties: (i) To receive and investigate complaints and charges that a juvenile is delinquent or dependent-neglected, or that a family is in need of services; (ii) To make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desired; and (iii) To perform all other functions assigned to him or her by this subchapter, by rules promulgated pursuant thereto, or by order of the court. (B) Any of the foregoing functions may be performed in another state if authorized by a court of this state and permitted by the laws of the other state. (3) If the intake officer has reasonable cause to suspect that a juvenile has been subjected to child maltreatment as defined in § 12-18-103 , the intake officer shall immediately notify the central intake of the Department of Human Services.

(1) The judge or judges of the circuit court designated to hear juvenile cases in their district plan under Supreme Court Administrative Order Number 14, originally issued April 6, 2001, shall designate no fewer than one (1) person in his or her judicial district as intake officer for the court.

(2) (A) An intake officer shall have the following duties: (i) To receive and investigate complaints and charges that a juvenile is delinquent or dependent-neglected, or that a family is in need of services; (ii) To make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desired; and (iii) To perform all other functions assigned to him or her by this subchapter, by rules promulgated pursuant thereto, or by order of the court. (B) Any of the foregoing functions may be performed in another state if authorized by a court of this state and permitted by the laws of the other state.

(A) An intake officer shall have the following duties: (i) To receive and investigate complaints and charges that a juvenile is delinquent or dependent-neglected, or that a family is in need of services; (ii) To make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desired; and (iii) To perform all other functions assigned to him or her by this subchapter, by rules promulgated pursuant thereto, or by order of the court.

(i) To receive and investigate complaints and charges that a juvenile is delinquent or dependent-neglected, or that a family is in need of services;

(ii) To make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desired; and

(iii) To perform all other functions assigned to him or her by this subchapter, by rules promulgated pursuant thereto, or by order of the court.

(B) Any of the foregoing functions may be performed in another state if authorized by a court of this state and permitted by the laws of the other state.

(3) If the intake officer has reasonable cause to suspect that a juvenile has been subjected to child maltreatment as defined in § 12-18-103 , the intake officer shall immediately notify the central intake of the Department of Human Services.

(b) Probation Officers. (1) The judge or judges of the circuit court designated to hear juvenile cases in their district plan under Supreme Court Administrative Order Number 14, originally issued April 6, 2001, shall designate no fewer than one (1) person in his or her judicial district as probation officer. (2) A probation officer shall have the following duties: (A) To make appropriate investigations and reports when required to do so by any provision of this subchapter or the rules promulgated pursuant thereto or by order of the court; (B) To aid and counsel juveniles and their families when required to do so by order of the court; (C) To perform all other appropriate functions assigned to him or her by this subchapter or the rules promulgated pursuant thereto or by order of the court; and (D) To give appropriate aid and assistance to the court when requested to do so by the judge.

(1) The judge or judges of the circuit court designated to hear juvenile cases in their district plan under Supreme Court Administrative Order Number 14, originally issued April 6, 2001, shall designate no fewer than one (1) person in his or her judicial district as probation officer.

(2) A probation officer shall have the following duties: (A) To make appropriate investigations and reports when required to do so by any provision of this subchapter or the rules promulgated pursuant thereto or by order of the court; (B) To aid and counsel juveniles and their families when required to do so by order of the court; (C) To perform all other appropriate functions assigned to him or her by this subchapter or the rules promulgated pursuant thereto or by order of the court; and (D) To give appropriate aid and assistance to the court when requested to do so by the judge.

(A) To make appropriate investigations and reports when required to do so by any provision of this subchapter or the rules promulgated pursuant thereto or by order of the court;

(B) To aid and counsel juveniles and their families when required to do so by order of the court;

(C) To perform all other appropriate functions assigned to him or her by this subchapter or the rules promulgated pursuant thereto or by order of the court; and

(D) To give appropriate aid and assistance to the court when requested to do so by the judge.

Acts 1989, No. 273, § 7; 1995, No. 533, § 2; 2003, No. 1166, § 5; 2009, No. 758, § 11
Ark. Code Ann. § 9-10-120 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-120
Effect of acknowledgment of paternity
Status: in_force

(a) A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409 , or a similar acknowledgment executed during the child's minority. (b) (1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115 , and shall be recognized by the circuit courts and juvenile divisions thereof as creating a parent and child relationship between father and child. (2) Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity. (c) The Department of Health shall offer voluntary paternity establishment services in all of its offices throughout the state. The Department of Health shall coordinate such services with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (d) Upon submission of the acknowledgment of paternity to the Division of Vital Records, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity. (e) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and the hospital, birthing center, certified nurse practitioner, or licensed midwife delivering the child shall enter into cooperative agreements to compensate at a rate not to exceed twenty dollars ($20.00) for each acknowledgment of paternity forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to the office. Acts 1995, No. 1091, § 1; 1997, No. 1296, § 9

(a) A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409 , or a similar acknowledgment executed during the child's minority.

(b) (1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115 , and shall be recognized by the circuit courts and juvenile divisions thereof as creating a parent and child relationship between father and child. (2) Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity.

(1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115 , and shall be recognized by the circuit courts and juvenile divisions thereof as creating a parent and child relationship between father and child.

(2) Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity.

(c) The Department of Health shall offer voluntary paternity establishment services in all of its offices throughout the state. The Department of Health shall coordinate such services with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(d) Upon submission of the acknowledgment of paternity to the Division of Vital Records, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity.

(e) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration and the hospital, birthing center, certified nurse practitioner, or licensed midwife delivering the child shall enter into cooperative agreements to compensate at a rate not to exceed twenty dollars ($20.00) for each acknowledgment of paternity forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to the office.

Acts 1995, No. 1091, § 1; 1997, No. 1296, § 9
Ark. Code Ann. § 9-28-113 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-113
Continuity of educational services to foster children
Status: in_force

(a) (1) (A) It is the intent of the General Assembly that each child in foster care is: (i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held; (ii) Assisted so that the child can remain in his or her school of origin; (iii) Placed in the least restrictive educational placement; and (iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children. (B) Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child. (2) (A) Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation: (i) Educators; (ii) The Department of Human Services; (iii) The Division of Elementary and Secondary Education; (iv) The circuit court presiding over the foster care case; (v) Providers of services to the foster child; (vi) Attorneys; (vii) Court-appointed special advocates; and (viii) Parents, guardians, or any persons appointed by the court. (B) The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child: (i) Can remain in his or her school of origin whenever possible; (ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section; (iii) Can participate in the appropriate educational programs; and (iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students. (b) (1) A foster child shall have continuity in his or her educational placements. (2) The Department of Human Services shall consider continuity of educational services and school stability in making foster placement decisions. (3) The school district shall allow the foster child to remain in the child's school of origin and continue the child's education unless the court finds that the placement: (A) Is not in the best interest of the child; and (B) Conflicts with any other provision of current law, excluding the residency requirement under § 6-18-202 . (4) (A) The school district will work with the Department of Human Services to develop a transportation plan to ensure continuity of educational services, to the extent reasonable and practical. (B) The school district is encouraged to arrange for transportation for the child to enable him or her to remain in his or her school of origin. (C) The school district shall provide transportation for the child if reasonable and practical and if an additional expense will not be imposed on the district. (5) Except for emergencies, before making a recommendation to move a child from his or her school of origin, the Department of Human Services shall state the basis for the recommended school change and how it serves the best interest of the child in a written statement to the following: (A) The foster child; (B) The child's attorney ad litem; (C) The court-appointed special advocate, if appointed; and (D) Parents, guardians, or any person appointed by the court. (6) (A) If the court transfers custody of a child to the Department of Human Services, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (i) Have access to the child's school records; (ii) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and (iii) Participate in school conferences or similar activities at the child's school. (B) If the court transfers custody of a child to the Department of Human Services, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as in effect on February 1, 2007. (c) (1) Each school district shall identify a foster care liaison. (2) Each school district shall forward the name of each foster care liaison and the contact information to the Special Education Unit of the Division of Elementary and Secondary Education at the beginning of each school year. (3) The foster care liaison shall: (A) Ensure and facilitate the timely school enrollment of each foster child; (B) Assist a foster child who transfers between schools by ensuring the transfer of credits, records, grades, and any other relevant school records; and (C) (i) Expedite the transfer of records. (ii) When a foster child changes school placement, the foster care liaison in the new school district shall request the child's educational record, as defined by rule of the Division of Elementary and Secondary Education, from the foster care liaison in the child's previous school district within three (3) school days. (iii) The foster care liaison from the previous school district shall provide all relevant school records to the foster care liaison at the new school district within ten (10) school days of receipt of the request under subdivision (c)(3)(C)(ii) of this section. (d) (1) If a foster child is subject to a school enrollment change, the foster child's caseworker shall contact the school district foster care liaison within two (2) business days, and the new school must immediately enroll the foster child even if the foster child is unable to provide the required clothing or required records, including without limitation: (A) Academic records; (B) Medical records; or (C) Proof of residency. (2) The Department of Human Services shall provide all known information to the school district that impacts the health and safety of the child being enrolled or other children in the school. (e) (1) A school district shall recognize the rights of a foster parent to make educational decisions for a foster child under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., if the foster parent is qualified. (2) A foster parent may have educational rights with respect to consenting to the individualized educational program and related services if the court has specifically limited the educational rights of the parent and the child is in foster care. (f) The grades of a child in foster care shall not be lowered due to absence from school due to: (1) A change in the child's school enrollment; (2) The child's attendance at a dependency-neglect court proceeding; or (3) The child's attendance at court-ordered counseling or treatment. (g) Each school district shall accept credit course work when the child demonstrates that the child has satisfactorily completed the appropriate educational placement assessment. (h) If a child completes the graduation requirements of the child's school district while being detained in a juvenile detention facility or while being committed to the Division of Youth Services, the school district that the child last attended before the child's detention or commitment shall issue the child a diploma. (i) This section shall not be interpreted to be in conflict with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and regulations promulgated. (j) (1) Notwithstanding any of the provisions of this section, if it is in the best interest of the child, a foster child may be placed in a nonpublic school, including a private, parochial, or home school. (2) (A) Except as provided in subdivision (j)(2)(B) of this section, state or federal funding shall not be used for the placement of a foster child in a nonpublic school, including a private, parochial, or home school. (B) The prohibition under subdivision (j)(2)(A) of this section shall not apply to a foster child who receives an Arkansas Children's Educational Freedom Account Fund under § 6-18-2501 et seq. Amended by Act 2023, No. 237,§ 59, eff. 3/8/2023. Amended by Act 2019, No. 757,§ 65, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2198, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2197, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2196, eff. 7/1/2019. Amended by Act 2017, No. 894,§ 5, eff. 4/5/2017 Amended by Act 2015, No. 1094,§ 7, eff. 7/22/2015 Acts 2011, No. 591, § 1

(a) (1) (A) It is the intent of the General Assembly that each child in foster care is: (i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held; (ii) Assisted so that the child can remain in his or her school of origin; (iii) Placed in the least restrictive educational placement; and (iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children. (B) Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child. (2) (A) Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation: (i) Educators; (ii) The Department of Human Services; (iii) The Division of Elementary and Secondary Education; (iv) The circuit court presiding over the foster care case; (v) Providers of services to the foster child; (vi) Attorneys; (vii) Court-appointed special advocates; and (viii) Parents, guardians, or any persons appointed by the court. (B) The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child: (i) Can remain in his or her school of origin whenever possible; (ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section; (iii) Can participate in the appropriate educational programs; and (iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.

(1) (A) It is the intent of the General Assembly that each child in foster care is: (i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held; (ii) Assisted so that the child can remain in his or her school of origin; (iii) Placed in the least restrictive educational placement; and (iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children. (B) Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child.

(A) It is the intent of the General Assembly that each child in foster care is: (i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held; (ii) Assisted so that the child can remain in his or her school of origin; (iii) Placed in the least restrictive educational placement; and (iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children.

(i) Entitled to the same opportunities to meet the academic achievement standards to which all children are held;

(ii) Assisted so that the child can remain in his or her school of origin;

(iii) Placed in the least restrictive educational placement; and

(iv) Given the same access to academic resources, services, and extracurricular enrichment activities as all other children.

(B) Decisions regarding the education of a child in foster care shall be based on what is in the best interest of the child.

(2) (A) Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation: (i) Educators; (ii) The Department of Human Services; (iii) The Division of Elementary and Secondary Education; (iv) The circuit court presiding over the foster care case; (v) Providers of services to the foster child; (vi) Attorneys; (vii) Court-appointed special advocates; and (viii) Parents, guardians, or any persons appointed by the court. (B) The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child: (i) Can remain in his or her school of origin whenever possible; (ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section; (iii) Can participate in the appropriate educational programs; and (iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.

(A) Individuals directly involved in the care, custody, and education of a foster child shall work together to ensure continuity of educational services to the foster child, including without limitation: (i) Educators; (ii) The Department of Human Services; (iii) The Division of Elementary and Secondary Education; (iv) The circuit court presiding over the foster care case; (v) Providers of services to the foster child; (vi) Attorneys; (vii) Court-appointed special advocates; and (viii) Parents, guardians, or any persons appointed by the court.

(i) Educators;

(ii) The Department of Human Services;

(iii) The Division of Elementary and Secondary Education;

(iv) The circuit court presiding over the foster care case;

(v) Providers of services to the foster child;

(vi) Attorneys;

(vii) Court-appointed special advocates; and

(viii) Parents, guardians, or any persons appointed by the court.

(B) The individuals in subdivision (a)(2)(A) of this section shall ensure the continuity of educational services so that a foster child: (i) Can remain in his or her school of origin whenever possible; (ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section; (iii) Can participate in the appropriate educational programs; and (iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.

(i) Can remain in his or her school of origin whenever possible;

(ii) Is moved to a new school in a timely manner when it is necessary, appropriate, and in the best interest of the child under this section;

(iii) Can participate in the appropriate educational programs; and

(iv) Has access to the academic resources, services, and extracurricular enrichment activities that are available to all students.

(b) (1) A foster child shall have continuity in his or her educational placements. (2) The Department of Human Services shall consider continuity of educational services and school stability in making foster placement decisions. (3) The school district shall allow the foster child to remain in the child's school of origin and continue the child's education unless the court finds that the placement: (A) Is not in the best interest of the child; and (B) Conflicts with any other provision of current law, excluding the residency requirement under § 6-18-202 . (4) (A) The school district will work with the Department of Human Services to develop a transportation plan to ensure continuity of educational services, to the extent reasonable and practical. (B) The school district is encouraged to arrange for transportation for the child to enable him or her to remain in his or her school of origin. (C) The school district shall provide transportation for the child if reasonable and practical and if an additional expense will not be imposed on the district. (5) Except for emergencies, before making a recommendation to move a child from his or her school of origin, the Department of Human Services shall state the basis for the recommended school change and how it serves the best interest of the child in a written statement to the following: (A) The foster child; (B) The child's attorney ad litem; (C) The court-appointed special advocate, if appointed; and (D) Parents, guardians, or any person appointed by the court. (6) (A) If the court transfers custody of a child to the Department of Human Services, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (i) Have access to the child's school records; (ii) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and (iii) Participate in school conferences or similar activities at the child's school. (B) If the court transfers custody of a child to the Department of Human Services, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as in effect on February 1, 2007.

(1) A foster child shall have continuity in his or her educational placements.

(2) The Department of Human Services shall consider continuity of educational services and school stability in making foster placement decisions.

(3) The school district shall allow the foster child to remain in the child's school of origin and continue the child's education unless the court finds that the placement: (A) Is not in the best interest of the child; and (B) Conflicts with any other provision of current law, excluding the residency requirement under § 6-18-202 .

(A) Is not in the best interest of the child; and

(B) Conflicts with any other provision of current law, excluding the residency requirement under § 6-18-202 .

(4) (A) The school district will work with the Department of Human Services to develop a transportation plan to ensure continuity of educational services, to the extent reasonable and practical. (B) The school district is encouraged to arrange for transportation for the child to enable him or her to remain in his or her school of origin. (C) The school district shall provide transportation for the child if reasonable and practical and if an additional expense will not be imposed on the district.

(A) The school district will work with the Department of Human Services to develop a transportation plan to ensure continuity of educational services, to the extent reasonable and practical.

(B) The school district is encouraged to arrange for transportation for the child to enable him or her to remain in his or her school of origin.

(C) The school district shall provide transportation for the child if reasonable and practical and if an additional expense will not be imposed on the district.

(5) Except for emergencies, before making a recommendation to move a child from his or her school of origin, the Department of Human Services shall state the basis for the recommended school change and how it serves the best interest of the child in a written statement to the following: (A) The foster child; (B) The child's attorney ad litem; (C) The court-appointed special advocate, if appointed; and (D) Parents, guardians, or any person appointed by the court.

(A) The foster child;

(B) The child's attorney ad litem;

(C) The court-appointed special advocate, if appointed; and

(D) Parents, guardians, or any person appointed by the court.

(6) (A) If the court transfers custody of a child to the Department of Human Services, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (i) Have access to the child's school records; (ii) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and (iii) Participate in school conferences or similar activities at the child's school. (B) If the court transfers custody of a child to the Department of Human Services, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as in effect on February 1, 2007.

(A) If the court transfers custody of a child to the Department of Human Services, the court shall issue an order containing the following determinations regarding the educational issues of the child and whether the parent or guardian of the child may: (i) Have access to the child's school records; (ii) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and (iii) Participate in school conferences or similar activities at the child's school.

(i) Have access to the child's school records;

(ii) Obtain information on the current placement of the child, including the name and address of the child's foster parent or provider, if the parent or guardian has access to the child's school records; and

(iii) Participate in school conferences or similar activities at the child's school.

(B) If the court transfers custody of a child to the Department of Human Services, the court may appoint an individual to consent to an initial evaluation of the child and serve as the child's surrogate parent under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as in effect on February 1, 2007.

(c) (1) Each school district shall identify a foster care liaison. (2) Each school district shall forward the name of each foster care liaison and the contact information to the Special Education Unit of the Division of Elementary and Secondary Education at the beginning of each school year. (3) The foster care liaison shall: (A) Ensure and facilitate the timely school enrollment of each foster child; (B) Assist a foster child who transfers between schools by ensuring the transfer of credits, records, grades, and any other relevant school records; and (C) (i) Expedite the transfer of records. (ii) When a foster child changes school placement, the foster care liaison in the new school district shall request the child's educational record, as defined by rule of the Division of Elementary and Secondary Education, from the foster care liaison in the child's previous school district within three (3) school days. (iii) The foster care liaison from the previous school district shall provide all relevant school records to the foster care liaison at the new school district within ten (10) school days of receipt of the request under subdivision (c)(3)(C)(ii) of this section.

(1) Each school district shall identify a foster care liaison.

(2) Each school district shall forward the name of each foster care liaison and the contact information to the Special Education Unit of the Division of Elementary and Secondary Education at the beginning of each school year.

(3) The foster care liaison shall: (A) Ensure and facilitate the timely school enrollment of each foster child; (B) Assist a foster child who transfers between schools by ensuring the transfer of credits, records, grades, and any other relevant school records; and (C) (i) Expedite the transfer of records. (ii) When a foster child changes school placement, the foster care liaison in the new school district shall request the child's educational record, as defined by rule of the Division of Elementary and Secondary Education, from the foster care liaison in the child's previous school district within three (3) school days. (iii) The foster care liaison from the previous school district shall provide all relevant school records to the foster care liaison at the new school district within ten (10) school days of receipt of the request under subdivision (c)(3)(C)(ii) of this section.

(A) Ensure and facilitate the timely school enrollment of each foster child;

(B) Assist a foster child who transfers between schools by ensuring the transfer of credits, records, grades, and any other relevant school records; and

(C) (i) Expedite the transfer of records. (ii) When a foster child changes school placement, the foster care liaison in the new school district shall request the child's educational record, as defined by rule of the Division of Elementary and Secondary Education, from the foster care liaison in the child's previous school district within three (3) school days. (iii) The foster care liaison from the previous school district shall provide all relevant school records to the foster care liaison at the new school district within ten (10) school days of receipt of the request under subdivision (c)(3)(C)(ii) of this section.

(i) Expedite the transfer of records.

(ii) When a foster child changes school placement, the foster care liaison in the new school district shall request the child's educational record, as defined by rule of the Division of Elementary and Secondary Education, from the foster care liaison in the child's previous school district within three (3) school days.

(iii) The foster care liaison from the previous school district shall provide all relevant school records to the foster care liaison at the new school district within ten (10) school days of receipt of the request under subdivision (c)(3)(C)(ii) of this section.

(d) (1) If a foster child is subject to a school enrollment change, the foster child's caseworker shall contact the school district foster care liaison within two (2) business days, and the new school must immediately enroll the foster child even if the foster child is unable to provide the required clothing or required records, including without limitation: (A) Academic records; (B) Medical records; or (C) Proof of residency. (2) The Department of Human Services shall provide all known information to the school district that impacts the health and safety of the child being enrolled or other children in the school.

(1) If a foster child is subject to a school enrollment change, the foster child's caseworker shall contact the school district foster care liaison within two (2) business days, and the new school must immediately enroll the foster child even if the foster child is unable to provide the required clothing or required records, including without limitation: (A) Academic records; (B) Medical records; or (C) Proof of residency.

(A) Academic records;

(B) Medical records; or

(C) Proof of residency.

(2) The Department of Human Services shall provide all known information to the school district that impacts the health and safety of the child being enrolled or other children in the school.

(e) (1) A school district shall recognize the rights of a foster parent to make educational decisions for a foster child under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., if the foster parent is qualified. (2) A foster parent may have educational rights with respect to consenting to the individualized educational program and related services if the court has specifically limited the educational rights of the parent and the child is in foster care.

(1) A school district shall recognize the rights of a foster parent to make educational decisions for a foster child under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., if the foster parent is qualified.

(2) A foster parent may have educational rights with respect to consenting to the individualized educational program and related services if the court has specifically limited the educational rights of the parent and the child is in foster care.

(f) The grades of a child in foster care shall not be lowered due to absence from school due to: (1) A change in the child's school enrollment; (2) The child's attendance at a dependency-neglect court proceeding; or (3) The child's attendance at court-ordered counseling or treatment.

(1) A change in the child's school enrollment;

(2) The child's attendance at a dependency-neglect court proceeding; or

(3) The child's attendance at court-ordered counseling or treatment.

(g) Each school district shall accept credit course work when the child demonstrates that the child has satisfactorily completed the appropriate educational placement assessment.

(h) If a child completes the graduation requirements of the child's school district while being detained in a juvenile detention facility or while being committed to the Division of Youth Services, the school district that the child last attended before the child's detention or commitment shall issue the child a diploma.

(i) This section shall not be interpreted to be in conflict with the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and regulations promulgated.

(j) (1) Notwithstanding any of the provisions of this section, if it is in the best interest of the child, a foster child may be placed in a nonpublic school, including a private, parochial, or home school. (2) (A) Except as provided in subdivision (j)(2)(B) of this section, state or federal funding shall not be used for the placement of a foster child in a nonpublic school, including a private, parochial, or home school. (B) The prohibition under subdivision (j)(2)(A) of this section shall not apply to a foster child who receives an Arkansas Children's Educational Freedom Account Fund under § 6-18-2501 et seq.

(1) Notwithstanding any of the provisions of this section, if it is in the best interest of the child, a foster child may be placed in a nonpublic school, including a private, parochial, or home school.

(2) (A) Except as provided in subdivision (j)(2)(B) of this section, state or federal funding shall not be used for the placement of a foster child in a nonpublic school, including a private, parochial, or home school. (B) The prohibition under subdivision (j)(2)(A) of this section shall not apply to a foster child who receives an Arkansas Children's Educational Freedom Account Fund under § 6-18-2501 et seq.

(A) Except as provided in subdivision (j)(2)(B) of this section, state or federal funding shall not be used for the placement of a foster child in a nonpublic school, including a private, parochial, or home school.

(B) The prohibition under subdivision (j)(2)(A) of this section shall not apply to a foster child who receives an Arkansas Children's Educational Freedom Account Fund under § 6-18-2501 et seq.

Amended by Act 2023, No. 237,§ 59, eff. 3/8/2023.

Amended by Act 2019, No. 757,§ 65, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2198, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2197, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2196, eff. 7/1/2019.

Amended by Act 2017, No. 894,§ 5, eff. 4/5/2017

Amended by Act 2015, No. 1094,§ 7, eff. 7/22/2015

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-27-510 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-510
Division of Correction - Placement
Status: in_force

(a) (1) A juvenile who has received an adult sentence to the Division of Correction shall not be transported to the Division of Correction until the juvenile is sixteen (16) years of age. (2) If a juvenile receives a sentence to the Division of Correction before the juvenile's sixteenth birthday, the juvenile shall be housed by the Division of Youth Services until that date, except as provided by a court order or parole or post-release supervision decision made by the Post-Prison Transfer Board. (b) A juvenile sentenced in the criminal division of circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction. (c) (1) (A) Juveniles sentenced to the Division of Correction pursuant to extended juvenile jurisdiction are subject to parole and post-release supervision as is any other inmate within the Division of Correction. (B) Juveniles adjudicated for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , are subject to parole or post-release supervision. (2) Juveniles will be given credit for time served in a juvenile detention or juvenile facility against any adult sentence. Amended by Act 2023, No. 659,§ 53, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 52, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 691, eff. 7/1/2019. Acts 1999, No. 1192, § 10; 2001, No. 1582, § 6

(a) (1) A juvenile who has received an adult sentence to the Division of Correction shall not be transported to the Division of Correction until the juvenile is sixteen (16) years of age. (2) If a juvenile receives a sentence to the Division of Correction before the juvenile's sixteenth birthday, the juvenile shall be housed by the Division of Youth Services until that date, except as provided by a court order or parole or post-release supervision decision made by the Post-Prison Transfer Board.

(1) A juvenile who has received an adult sentence to the Division of Correction shall not be transported to the Division of Correction until the juvenile is sixteen (16) years of age.

(2) If a juvenile receives a sentence to the Division of Correction before the juvenile's sixteenth birthday, the juvenile shall be housed by the Division of Youth Services until that date, except as provided by a court order or parole or post-release supervision decision made by the Post-Prison Transfer Board.

(b) A juvenile sentenced in the criminal division of circuit court who is less than sixteen (16) years of age when sentenced shall be committed to the custody of the Division of Youth Services until his or her sixteenth birthday, at which time he or she shall be transferred to the Division of Correction.

(c) (1) (A) Juveniles sentenced to the Division of Correction pursuant to extended juvenile jurisdiction are subject to parole and post-release supervision as is any other inmate within the Division of Correction. (B) Juveniles adjudicated for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , are subject to parole or post-release supervision. (2) Juveniles will be given credit for time served in a juvenile detention or juvenile facility against any adult sentence.

(1) (A) Juveniles sentenced to the Division of Correction pursuant to extended juvenile jurisdiction are subject to parole and post-release supervision as is any other inmate within the Division of Correction. (B) Juveniles adjudicated for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , are subject to parole or post-release supervision.

(A) Juveniles sentenced to the Division of Correction pursuant to extended juvenile jurisdiction are subject to parole and post-release supervision as is any other inmate within the Division of Correction.

(B) Juveniles adjudicated for capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , are subject to parole or post-release supervision.

(2) Juveniles will be given credit for time served in a juvenile detention or juvenile facility against any adult sentence.

Amended by Act 2023, No. 659,§ 53, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 52, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 691, eff. 7/1/2019.

Acts 1999, No. 1192, § 10; 2001, No. 1582, § 6
Ark. Code Ann. § 9-11-512 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-512
Effect of failure to file schedule
Status: in_force

The separate estate and property of a married person shall not be forfeited nor shall any rights and title thereto be prejudiced by a failure or neglect to file a schedule. However, in any suit, action, or proceeding relating to the property when the property has not been scheduled and recorded the burden of proof shall rest upon the married person to show the property is his or her separate property. Acts 1875 (Adj. Sess.), No. 91, § 3, p. 172; C. & M. Dig., § 5593; Pope's Dig., § 7243; Acts 1981, No. 873, § 8; A.S.A. 1947, § 55-411

The separate estate and property of a married person shall not be forfeited nor shall any rights and title thereto be prejudiced by a failure or neglect to file a schedule. However, in any suit, action, or proceeding relating to the property when the property has not been scheduled and recorded the burden of proof shall rest upon the married person to show the property is his or her separate property.

Acts 1875 (Adj. Sess.), No. 91, § 3, p. 172; C. & M. Dig., § 5593; Pope's Dig., § 7243; Acts 1981, No. 873, § 8; A.S.A. 1947, § 55-411