Ark. Code Ann. § 9-26-103 — AR Code / Title 9 / Chapter 26 / Subchapter 1 / Section 9-26-103
Ownership of property by persons 18 years of age or older
Status: in_force

(a) All persons eighteen (18) years of age or older may acquire title to, own, and dispose of real and personal property, both tangible and intangible, in the same manner, and shall be subject to the same rights, obligations, and liabilities with respect thereto as provided for persons twenty-one (21) years of age or older. (b) (1) It is the intent and purpose of this section to define the economic privileges of persons eighteen (18) years of age or older with respect to the acquisition and disposal of real and personal property and to assure these individuals of the same rights and obligations with respect thereto as are provided by law for persons twenty-one (21) years of age or older. (2) It is the intent of this section to amend the laws of this state applicable to minors only to the extent as provided in this section. Nothing in this section shall be construed to modify or repeal any of the laws of the state with respect to minors except as specifically provided in this section. (3) However, nothing in this section shall be construed to authorize or permit persons under twenty-one (21) years of age to purchase alcoholic beverages or to authorize or permit males under the age of twenty-one (21) years of age and females under the age of eighteen (18) years of age to contract marriage except as provided by law. (c) The provisions of this section shall be supplemental to the laws of this state pertaining to the rights and obligations of minors. Acts 1975, No. 155, §§ 1-3; 1975, No. 231, §§ 1-3; A.S.A. 1947, §§ 50-931, 50-932, 50-932n

(a) All persons eighteen (18) years of age or older may acquire title to, own, and dispose of real and personal property, both tangible and intangible, in the same manner, and shall be subject to the same rights, obligations, and liabilities with respect thereto as provided for persons twenty-one (21) years of age or older.

(b) (1) It is the intent and purpose of this section to define the economic privileges of persons eighteen (18) years of age or older with respect to the acquisition and disposal of real and personal property and to assure these individuals of the same rights and obligations with respect thereto as are provided by law for persons twenty-one (21) years of age or older. (2) It is the intent of this section to amend the laws of this state applicable to minors only to the extent as provided in this section. Nothing in this section shall be construed to modify or repeal any of the laws of the state with respect to minors except as specifically provided in this section. (3) However, nothing in this section shall be construed to authorize or permit persons under twenty-one (21) years of age to purchase alcoholic beverages or to authorize or permit males under the age of twenty-one (21) years of age and females under the age of eighteen (18) years of age to contract marriage except as provided by law.

(1) It is the intent and purpose of this section to define the economic privileges of persons eighteen (18) years of age or older with respect to the acquisition and disposal of real and personal property and to assure these individuals of the same rights and obligations with respect thereto as are provided by law for persons twenty-one (21) years of age or older.

(2) It is the intent of this section to amend the laws of this state applicable to minors only to the extent as provided in this section. Nothing in this section shall be construed to modify or repeal any of the laws of the state with respect to minors except as specifically provided in this section.

(3) However, nothing in this section shall be construed to authorize or permit persons under twenty-one (21) years of age to purchase alcoholic beverages or to authorize or permit males under the age of twenty-one (21) years of age and females under the age of eighteen (18) years of age to contract marriage except as provided by law.

(c) The provisions of this section shall be supplemental to the laws of this state pertaining to the rights and obligations of minors.

Acts 1975, No. 155, §§ 1-3; 1975, No. 231, §§ 1-3; A.S.A. 1947, §§ 50-931, 50-932, 50-932n
Ark. Code Ann. § 9-3-114 — AR Code / Title 9 / Chapter 3 / Section 9-3-114
Hearings upon petitions - Final orders
Status: in_force

(a) (1) Every final hearing upon a petition to become a resident domiciled in the State of Arkansas shall be held in open court before a judge of this state. (2) Every final order that may be made upon the petition shall be under the hand of the court and entered in full upon the records of the court. (b) (1) (A) The clerk of the court, if the applicant requests it, shall issue a subpoena for the witnesses named by the applicant to appear upon the day set for final hearing. (B) However, if the witnesses cannot be produced upon the final hearing, other witnesses may be summoned. (2) At the final hearing of the petition, the applicant and witnesses shall be examined under oath in the presence of the court. (c) The court upon proper finding shall enter a final order that the person applying to be declared a resident domiciled in the State of Arkansas has complied with the provisions of this chapter and is entitled to be declared a resident domiciled in the state, and the court shall order to be issued to the person the form of certificate of residence and domicile as shall be prescribed by the Secretary of State. Acts 1941, No. 355, §§ 4, 16, 17; A.S.A. 1947, §§ 34-1304, 34-1315, 34-1316

(a) (1) Every final hearing upon a petition to become a resident domiciled in the State of Arkansas shall be held in open court before a judge of this state. (2) Every final order that may be made upon the petition shall be under the hand of the court and entered in full upon the records of the court.

(1) Every final hearing upon a petition to become a resident domiciled in the State of Arkansas shall be held in open court before a judge of this state.

(2) Every final order that may be made upon the petition shall be under the hand of the court and entered in full upon the records of the court.

(b) (1) (A) The clerk of the court, if the applicant requests it, shall issue a subpoena for the witnesses named by the applicant to appear upon the day set for final hearing. (B) However, if the witnesses cannot be produced upon the final hearing, other witnesses may be summoned. (2) At the final hearing of the petition, the applicant and witnesses shall be examined under oath in the presence of the court.

(1) (A) The clerk of the court, if the applicant requests it, shall issue a subpoena for the witnesses named by the applicant to appear upon the day set for final hearing. (B) However, if the witnesses cannot be produced upon the final hearing, other witnesses may be summoned.

(A) The clerk of the court, if the applicant requests it, shall issue a subpoena for the witnesses named by the applicant to appear upon the day set for final hearing.

(B) However, if the witnesses cannot be produced upon the final hearing, other witnesses may be summoned.

(2) At the final hearing of the petition, the applicant and witnesses shall be examined under oath in the presence of the court.

(c) The court upon proper finding shall enter a final order that the person applying to be declared a resident domiciled in the State of Arkansas has complied with the provisions of this chapter and is entitled to be declared a resident domiciled in the state, and the court shall order to be issued to the person the form of certificate of residence and domicile as shall be prescribed by the Secretary of State.

Acts 1941, No. 355, §§ 4, 16, 17; A.S.A. 1947, §§ 34-1304, 34-1315, 34-1316
Ark. Code Ann. § 9-27-311 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-311
Required contents of petition
Status: in_force

(a) The petition shall set forth the following: (1) (A) The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition. (B) A single petition for dependency-neglect or family in need of services shall be filed that includes all siblings who are subjects of the petition; (2) The name and address of each of the parents or the surviving parent of the juvenile or juveniles; (3) The name and address of the person, agency, or institution having custody of the juvenile or juveniles; (4) The name and address of any other person, agency, or institution having a claim to custody or guardianship of the juvenile or juveniles; (5) In a proceeding to establish paternity, the name and address of both the putative father and the presumed legal father, if any; (6) In a dependency-neglect proceeding, the name and address of a putative parent, if any; and (7) In a dependency-neglect proceeding: (A) The name, address, gender, and date of birth of any sibling of a juvenile named as respondent to the petition; and (B) The name of each parent, guardian, or custodian of a sibling of a juvenile named as respondent to the petition. (b) If the name or address of anyone listed in subsection (a) of this section is unknown or cannot be ascertained by the petitioner with reasonable diligence, this shall be alleged in the petition and the petition shall not be dismissed for insufficiency, but the court shall direct appropriate measures to find and give notice to the persons. (c) (1) All persons named in subdivisions (a)(1)-(3) of this section shall be made defendants and served as required by this subchapter. (2) However: (A) In dependency-neglect petitions, the juvenile shall have party status and be named in the petition as a respondent and shall be served notice under § 9-27-312 ; (B) In a dependency-neglect and termination of parental rights petition, the putative parent shall be named as a party if the petitioner alleges that the putative parent: (i) May have a claim of paternity of a juvenile born outside of marriage; (ii) Has established significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (iii) Is listed on the Putative Father Registry; (C) A putative parent who was not originally named as a party to the dependency-neglect petition shall be added as a party if: (i) Paternity is established and a court of competent jurisdiction enters an order establishing paternity between the juvenile and the putative parent; or (ii) The court determines that the putative parent is a parent as defined in § 9-27-303 ; and (D) In a paternity action, the petitioner shall name as defendants only the mother, the putative father, or the presumed legal father, if any. (d) (1) (A) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding. (B) Diligent efforts shall include without limitation checking the Putative Father Registry. (2) (A) (i) A petitioner may name and serve a putative parent as a party under § 9-27-312 in order to resolve the putative parent's status and rights under § 9-27-325 or terminate the rights of the putative parent under § 9-27-341 . (ii) If the petitioner does not name and serve a putative parent as a party in accordance with subdivision (d)(2)(A)(i) of this section, the petitioner shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified. (B) The notice shall include information about: (i) The method of establishing paternity; (ii) The right of the putative parent to prove significant contacts; and (iii) The right of the putative parent to be heard by the court. (C) The petitioner shall provide the notice to the court and the parties to the case. (D) After receiving the notice required under subdivision (d)(2)(A)(ii) of this section, the putative parent has the burden of establishing one (1) of the following: (i) The putative parent has significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (ii) The putative parent is a parent as defined in § 9-27-303 . (E) If the putative parent, after receiving the notice required under subdivision (d)(2)(A)(ii) of this section and being given an opportunity to prove significant contacts with the juvenile, fails to demonstrate significant contacts with the juvenile and the court finds that the putative parent was given sufficient notice and an opportunity to be heard, the court may: (i) Order deoxyribonucleic acid (DNA) testing to determine whether the putative parent is the biological parent of the juvenile; (ii) Enter an order: (a) Finding that the putative parent does not have rights to the juvenile; (b) Dismissing the putative parent from the action; and (c) Finding that no further notice is due to the putative parent whose rights have not attached with regard to the juvenile, including in the event of a filed petition for adoption; or (iii) Enter an order providing that only a parent or putative parent whose rights have attached to the juvenile shall be included in a petition to terminate parental rights under § 9-27-341 . (e) (1) The petition shall set forth the following in plain and concise words: (A) The facts that, if proven, would bring the family or juvenile within the court's jurisdiction; (B) The section of this subchapter upon which jurisdiction for the petition is based; (C) The relief requested by the petitioner; and (D) If a petition for delinquency proceedings, any and all sections of the criminal laws allegedly violated. (2) (A) The petition shall be supported by an affidavit of facts. (B) A supporting affidavit of facts shall not be required for delinquency, paternity, or termination of parental rights petitions. (C) The supporting affidavit of facts shall include known information regarding the fitness of the noncustodial parent to be considered for custody, placement, or family time with the juvenile. (D) If the petition for dependency-neglect is filed by the department, the supporting affidavit of facts shall include a list of all contact the department has had with the family before the filing of the petition, including without limitation hotline calls accepted for maltreatment, investigations, and open cases. Amended by Act 2023, No. 363,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 813,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 813,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 813,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 541,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 541,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1022,§ 1, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 5, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 4, eff. 7/22/2015 Amended by Act 2015, No. 1017,§ 3, eff. 7/22/2015 Acts 1989, No. 273, § 10; 1989 (3rd Ex. Sess.), No. 34, § 2; 1995, No. 1184, § 19; 1997, No. 1085, § 1; 1997, No. 1227, § 2; 1999, No. 1340, §§ 10, 11; 2011, No. 1175, § 2

(a) The petition shall set forth the following: (1) (A) The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition. (B) A single petition for dependency-neglect or family in need of services shall be filed that includes all siblings who are subjects of the petition; (2) The name and address of each of the parents or the surviving parent of the juvenile or juveniles; (3) The name and address of the person, agency, or institution having custody of the juvenile or juveniles; (4) The name and address of any other person, agency, or institution having a claim to custody or guardianship of the juvenile or juveniles; (5) In a proceeding to establish paternity, the name and address of both the putative father and the presumed legal father, if any; (6) In a dependency-neglect proceeding, the name and address of a putative parent, if any; and (7) In a dependency-neglect proceeding: (A) The name, address, gender, and date of birth of any sibling of a juvenile named as respondent to the petition; and (B) The name of each parent, guardian, or custodian of a sibling of a juvenile named as respondent to the petition.

(1) (A) The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition. (B) A single petition for dependency-neglect or family in need of services shall be filed that includes all siblings who are subjects of the petition;

(A) The name, address, gender, Social Security number, and date of birth of each juvenile subject of the petition.

(B) A single petition for dependency-neglect or family in need of services shall be filed that includes all siblings who are subjects of the petition;

(2) The name and address of each of the parents or the surviving parent of the juvenile or juveniles;

(3) The name and address of the person, agency, or institution having custody of the juvenile or juveniles;

(4) The name and address of any other person, agency, or institution having a claim to custody or guardianship of the juvenile or juveniles;

(5) In a proceeding to establish paternity, the name and address of both the putative father and the presumed legal father, if any;

(6) In a dependency-neglect proceeding, the name and address of a putative parent, if any; and

(7) In a dependency-neglect proceeding: (A) The name, address, gender, and date of birth of any sibling of a juvenile named as respondent to the petition; and (B) The name of each parent, guardian, or custodian of a sibling of a juvenile named as respondent to the petition.

(A) The name, address, gender, and date of birth of any sibling of a juvenile named as respondent to the petition; and

(B) The name of each parent, guardian, or custodian of a sibling of a juvenile named as respondent to the petition.

(b) If the name or address of anyone listed in subsection (a) of this section is unknown or cannot be ascertained by the petitioner with reasonable diligence, this shall be alleged in the petition and the petition shall not be dismissed for insufficiency, but the court shall direct appropriate measures to find and give notice to the persons.

(c) (1) All persons named in subdivisions (a)(1)-(3) of this section shall be made defendants and served as required by this subchapter. (2) However: (A) In dependency-neglect petitions, the juvenile shall have party status and be named in the petition as a respondent and shall be served notice under § 9-27-312 ; (B) In a dependency-neglect and termination of parental rights petition, the putative parent shall be named as a party if the petitioner alleges that the putative parent: (i) May have a claim of paternity of a juvenile born outside of marriage; (ii) Has established significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (iii) Is listed on the Putative Father Registry; (C) A putative parent who was not originally named as a party to the dependency-neglect petition shall be added as a party if: (i) Paternity is established and a court of competent jurisdiction enters an order establishing paternity between the juvenile and the putative parent; or (ii) The court determines that the putative parent is a parent as defined in § 9-27-303 ; and (D) In a paternity action, the petitioner shall name as defendants only the mother, the putative father, or the presumed legal father, if any.

(1) All persons named in subdivisions (a)(1)-(3) of this section shall be made defendants and served as required by this subchapter.

(2) However: (A) In dependency-neglect petitions, the juvenile shall have party status and be named in the petition as a respondent and shall be served notice under § 9-27-312 ; (B) In a dependency-neglect and termination of parental rights petition, the putative parent shall be named as a party if the petitioner alleges that the putative parent: (i) May have a claim of paternity of a juvenile born outside of marriage; (ii) Has established significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (iii) Is listed on the Putative Father Registry; (C) A putative parent who was not originally named as a party to the dependency-neglect petition shall be added as a party if: (i) Paternity is established and a court of competent jurisdiction enters an order establishing paternity between the juvenile and the putative parent; or (ii) The court determines that the putative parent is a parent as defined in § 9-27-303 ; and (D) In a paternity action, the petitioner shall name as defendants only the mother, the putative father, or the presumed legal father, if any.

(A) In dependency-neglect petitions, the juvenile shall have party status and be named in the petition as a respondent and shall be served notice under § 9-27-312 ;

(B) In a dependency-neglect and termination of parental rights petition, the putative parent shall be named as a party if the petitioner alleges that the putative parent: (i) May have a claim of paternity of a juvenile born outside of marriage; (ii) Has established significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (iii) Is listed on the Putative Father Registry;

(i) May have a claim of paternity of a juvenile born outside of marriage;

(ii) Has established significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or

(iii) Is listed on the Putative Father Registry;

(C) A putative parent who was not originally named as a party to the dependency-neglect petition shall be added as a party if: (i) Paternity is established and a court of competent jurisdiction enters an order establishing paternity between the juvenile and the putative parent; or (ii) The court determines that the putative parent is a parent as defined in § 9-27-303 ; and

(i) Paternity is established and a court of competent jurisdiction enters an order establishing paternity between the juvenile and the putative parent; or

(ii) The court determines that the putative parent is a parent as defined in § 9-27-303 ; and

(D) In a paternity action, the petitioner shall name as defendants only the mother, the putative father, or the presumed legal father, if any.

(d) (1) (A) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding. (B) Diligent efforts shall include without limitation checking the Putative Father Registry. (2) (A) (i) A petitioner may name and serve a putative parent as a party under § 9-27-312 in order to resolve the putative parent's status and rights under § 9-27-325 or terminate the rights of the putative parent under § 9-27-341 . (ii) If the petitioner does not name and serve a putative parent as a party in accordance with subdivision (d)(2)(A)(i) of this section, the petitioner shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified. (B) The notice shall include information about: (i) The method of establishing paternity; (ii) The right of the putative parent to prove significant contacts; and (iii) The right of the putative parent to be heard by the court. (C) The petitioner shall provide the notice to the court and the parties to the case. (D) After receiving the notice required under subdivision (d)(2)(A)(ii) of this section, the putative parent has the burden of establishing one (1) of the following: (i) The putative parent has significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (ii) The putative parent is a parent as defined in § 9-27-303 . (E) If the putative parent, after receiving the notice required under subdivision (d)(2)(A)(ii) of this section and being given an opportunity to prove significant contacts with the juvenile, fails to demonstrate significant contacts with the juvenile and the court finds that the putative parent was given sufficient notice and an opportunity to be heard, the court may: (i) Order deoxyribonucleic acid (DNA) testing to determine whether the putative parent is the biological parent of the juvenile; (ii) Enter an order: (a) Finding that the putative parent does not have rights to the juvenile; (b) Dismissing the putative parent from the action; and (c) Finding that no further notice is due to the putative parent whose rights have not attached with regard to the juvenile, including in the event of a filed petition for adoption; or (iii) Enter an order providing that only a parent or putative parent whose rights have attached to the juvenile shall be included in a petition to terminate parental rights under § 9-27-341 .

(1) (A) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding. (B) Diligent efforts shall include without limitation checking the Putative Father Registry.

(A) The Department of Human Services shall make diligent efforts to identify putative parents in a dependency-neglect proceeding.

(B) Diligent efforts shall include without limitation checking the Putative Father Registry.

(2) (A) (i) A petitioner may name and serve a putative parent as a party under § 9-27-312 in order to resolve the putative parent's status and rights under § 9-27-325 or terminate the rights of the putative parent under § 9-27-341 . (ii) If the petitioner does not name and serve a putative parent as a party in accordance with subdivision (d)(2)(A)(i) of this section, the petitioner shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified. (B) The notice shall include information about: (i) The method of establishing paternity; (ii) The right of the putative parent to prove significant contacts; and (iii) The right of the putative parent to be heard by the court. (C) The petitioner shall provide the notice to the court and the parties to the case. (D) After receiving the notice required under subdivision (d)(2)(A)(ii) of this section, the putative parent has the burden of establishing one (1) of the following: (i) The putative parent has significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (ii) The putative parent is a parent as defined in § 9-27-303 . (E) If the putative parent, after receiving the notice required under subdivision (d)(2)(A)(ii) of this section and being given an opportunity to prove significant contacts with the juvenile, fails to demonstrate significant contacts with the juvenile and the court finds that the putative parent was given sufficient notice and an opportunity to be heard, the court may: (i) Order deoxyribonucleic acid (DNA) testing to determine whether the putative parent is the biological parent of the juvenile; (ii) Enter an order: (a) Finding that the putative parent does not have rights to the juvenile; (b) Dismissing the putative parent from the action; and (c) Finding that no further notice is due to the putative parent whose rights have not attached with regard to the juvenile, including in the event of a filed petition for adoption; or (iii) Enter an order providing that only a parent or putative parent whose rights have attached to the juvenile shall be included in a petition to terminate parental rights under § 9-27-341 .

(A) (i) A petitioner may name and serve a putative parent as a party under § 9-27-312 in order to resolve the putative parent's status and rights under § 9-27-325 or terminate the rights of the putative parent under § 9-27-341 . (ii) If the petitioner does not name and serve a putative parent as a party in accordance with subdivision (d)(2)(A)(i) of this section, the petitioner shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified.

(i) A petitioner may name and serve a putative parent as a party under § 9-27-312 in order to resolve the putative parent's status and rights under § 9-27-325 or terminate the rights of the putative parent under § 9-27-341 .

(ii) If the petitioner does not name and serve a putative parent as a party in accordance with subdivision (d)(2)(A)(i) of this section, the petitioner shall provide a putative parent with notice under Rule 4 of the Arkansas Rules of Civil Procedure of a proceeding as soon as the putative parent is identified.

(B) The notice shall include information about: (i) The method of establishing paternity; (ii) The right of the putative parent to prove significant contacts; and (iii) The right of the putative parent to be heard by the court.

(i) The method of establishing paternity;

(ii) The right of the putative parent to prove significant contacts; and

(iii) The right of the putative parent to be heard by the court.

(C) The petitioner shall provide the notice to the court and the parties to the case.

(D) After receiving the notice required under subdivision (d)(2)(A)(ii) of this section, the putative parent has the burden of establishing one (1) of the following: (i) The putative parent has significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or (ii) The putative parent is a parent as defined in § 9-27-303 .

(i) The putative parent has significant contacts with the juvenile, which may be demonstrated by a significant custodial, personal, or financial relationship with the juvenile; or

(ii) The putative parent is a parent as defined in § 9-27-303 .

(E) If the putative parent, after receiving the notice required under subdivision (d)(2)(A)(ii) of this section and being given an opportunity to prove significant contacts with the juvenile, fails to demonstrate significant contacts with the juvenile and the court finds that the putative parent was given sufficient notice and an opportunity to be heard, the court may: (i) Order deoxyribonucleic acid (DNA) testing to determine whether the putative parent is the biological parent of the juvenile; (ii) Enter an order: (a) Finding that the putative parent does not have rights to the juvenile; (b) Dismissing the putative parent from the action; and (c) Finding that no further notice is due to the putative parent whose rights have not attached with regard to the juvenile, including in the event of a filed petition for adoption; or (iii) Enter an order providing that only a parent or putative parent whose rights have attached to the juvenile shall be included in a petition to terminate parental rights under § 9-27-341 .

(i) Order deoxyribonucleic acid (DNA) testing to determine whether the putative parent is the biological parent of the juvenile;

(ii) Enter an order: (a) Finding that the putative parent does not have rights to the juvenile; (b) Dismissing the putative parent from the action; and (c) Finding that no further notice is due to the putative parent whose rights have not attached with regard to the juvenile, including in the event of a filed petition for adoption; or

(a) Finding that the putative parent does not have rights to the juvenile;

(b) Dismissing the putative parent from the action; and

(c) Finding that no further notice is due to the putative parent whose rights have not attached with regard to the juvenile, including in the event of a filed petition for adoption; or

(iii) Enter an order providing that only a parent or putative parent whose rights have attached to the juvenile shall be included in a petition to terminate parental rights under § 9-27-341 .

(e) (1) The petition shall set forth the following in plain and concise words: (A) The facts that, if proven, would bring the family or juvenile within the court's jurisdiction; (B) The section of this subchapter upon which jurisdiction for the petition is based; (C) The relief requested by the petitioner; and (D) If a petition for delinquency proceedings, any and all sections of the criminal laws allegedly violated. (2) (A) The petition shall be supported by an affidavit of facts. (B) A supporting affidavit of facts shall not be required for delinquency, paternity, or termination of parental rights petitions. (C) The supporting affidavit of facts shall include known information regarding the fitness of the noncustodial parent to be considered for custody, placement, or family time with the juvenile. (D) If the petition for dependency-neglect is filed by the department, the supporting affidavit of facts shall include a list of all contact the department has had with the family before the filing of the petition, including without limitation hotline calls accepted for maltreatment, investigations, and open cases.

(1) The petition shall set forth the following in plain and concise words: (A) The facts that, if proven, would bring the family or juvenile within the court's jurisdiction; (B) The section of this subchapter upon which jurisdiction for the petition is based; (C) The relief requested by the petitioner; and (D) If a petition for delinquency proceedings, any and all sections of the criminal laws allegedly violated.

(A) The facts that, if proven, would bring the family or juvenile within the court's jurisdiction;

(B) The section of this subchapter upon which jurisdiction for the petition is based;

(C) The relief requested by the petitioner; and

(D) If a petition for delinquency proceedings, any and all sections of the criminal laws allegedly violated.

(2) (A) The petition shall be supported by an affidavit of facts. (B) A supporting affidavit of facts shall not be required for delinquency, paternity, or termination of parental rights petitions. (C) The supporting affidavit of facts shall include known information regarding the fitness of the noncustodial parent to be considered for custody, placement, or family time with the juvenile. (D) If the petition for dependency-neglect is filed by the department, the supporting affidavit of facts shall include a list of all contact the department has had with the family before the filing of the petition, including without limitation hotline calls accepted for maltreatment, investigations, and open cases.

(A) The petition shall be supported by an affidavit of facts.

(B) A supporting affidavit of facts shall not be required for delinquency, paternity, or termination of parental rights petitions.

(C) The supporting affidavit of facts shall include known information regarding the fitness of the noncustodial parent to be considered for custody, placement, or family time with the juvenile.

(D) If the petition for dependency-neglect is filed by the department, the supporting affidavit of facts shall include a list of all contact the department has had with the family before the filing of the petition, including without limitation hotline calls accepted for maltreatment, investigations, and open cases.

Amended by Act 2023, No. 363,§ 6, eff. 8/1/2023.

Amended by Act 2021, No. 813,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 813,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 813,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 541,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 541,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1022,§ 1, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 5, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 4, eff. 7/22/2015

Amended by Act 2015, No. 1017,§ 3, eff. 7/22/2015

Acts 1989, No. 273, § 10; 1989 (3rd Ex. Sess.), No. 34, § 2; 1995, No. 1184, § 19; 1997, No. 1085, § 1; 1997, No. 1227, § 2; 1999, No. 1340, §§ 10, 11; 2011, No. 1175, § 2
Ark. Code Ann. § 9-33-205 — AR Code / Title 9 / Chapter 33 / Subchapter 2 / Section 9-33-205
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 9, eff. 8/16/2013 Amended by Act 2013, No. 1107,§ 11, eff. 8/16/2013 Acts 1997, No. 745, § 5; 2001, No. 1553, § 21

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

Amended by Act 2013, No. 1107,§ 11, eff. 8/16/2013

Acts 1997, No. 745, § 5; 2001, No. 1553, § 21
Ark. Code Ann. § 9-11-206 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-206
Clerk's fees
Status: in_force

The fee prescribed by law for the issuance of the marriage license shall be paid to the clerk at the time the applicants apply for the marriage license and sign the notice of intention to wed. Acts 1945, No. 112, § 1; 1959, No. 52, § 1; 1981, No. 788, § 1; 1983, No. 712, § 1; A.S.A. 1947, § 55-205

The fee prescribed by law for the issuance of the marriage license shall be paid to the clerk at the time the applicants apply for the marriage license and sign the notice of intention to wed.

Acts 1945, No. 112, § 1; 1959, No. 52, § 1; 1981, No. 788, § 1; 1983, No. 712, § 1; A.S.A. 1947, § 55-205
Ark. Code Ann. § 9-14-232 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-232
Healthcare coverage
Status: in_force

(a) In all cases in which the support and care of any children are involved, the court may: (1) Order either parent to secure and maintain healthcare coverage for the benefit of the children when healthcare coverage is available or becomes available to the parent at a reasonable cost; and (2) Allocate the cost of coverage between the parents. (b) (1) When the noncustodial parent has secured such coverage, the signature of the custodial parent, indicated as such, shall be a valid authorization to the coverage provider or insurer for the purposes of processing a payment to the children's health services provider. (2) An order for healthcare coverage shall operate as an assignment of all benefit rights to require the insurer or coverage provider of the healthcare coverage to pay benefits for services rendered to the children to the custodial parent or to the children's health services provider. Amended by Act 2019, No. 904,§ 6, eff. 1/1/2020. Acts 1985, No. 989, § 4; A.S.A. 1947, § 34-1222; Acts 1993, No. 965, § 1

(a) In all cases in which the support and care of any children are involved, the court may: (1) Order either parent to secure and maintain healthcare coverage for the benefit of the children when healthcare coverage is available or becomes available to the parent at a reasonable cost; and (2) Allocate the cost of coverage between the parents.

(1) Order either parent to secure and maintain healthcare coverage for the benefit of the children when healthcare coverage is available or becomes available to the parent at a reasonable cost; and

(2) Allocate the cost of coverage between the parents.

(b) (1) When the noncustodial parent has secured such coverage, the signature of the custodial parent, indicated as such, shall be a valid authorization to the coverage provider or insurer for the purposes of processing a payment to the children's health services provider. (2) An order for healthcare coverage shall operate as an assignment of all benefit rights to require the insurer or coverage provider of the healthcare coverage to pay benefits for services rendered to the children to the custodial parent or to the children's health services provider.

(1) When the noncustodial parent has secured such coverage, the signature of the custodial parent, indicated as such, shall be a valid authorization to the coverage provider or insurer for the purposes of processing a payment to the children's health services provider.

(2) An order for healthcare coverage shall operate as an assignment of all benefit rights to require the insurer or coverage provider of the healthcare coverage to pay benefits for services rendered to the children to the custodial parent or to the children's health services provider.

Amended by Act 2019, No. 904,§ 6, eff. 1/1/2020.

Acts 1985, No. 989, § 4; A.S.A. 1947, § 34-1222; Acts 1993, No. 965, § 1
Ark. Code Ann. § 9-13-403 — AR Code / Title 9 / Chapter 13 / Subchapter 4 / Section 9-13-403
Prevention of international child abduction
Status: in_force

A custodian or parent may petition or move the court under this subchapter to determine whether one (1) or more of the measures described in § 9-13-406 is necessary to protect a child from the risk of international child abduction. Acts 2005, No. 170, § 1

A custodian or parent may petition or move the court under this subchapter to determine whether one (1) or more of the measures described in § 9-13-406 is necessary to protect a child from the risk of international child abduction.

Acts 2005, No. 170, § 1
Ark. Code Ann. § 9-14-108 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-108
Transfer between local jurisdictions
Status: in_force

(a) (1) The court where the final adjudication of child support is rendered shall retain jurisdiction of all matters following the entry of the decree. (2) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county. (3) (A) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (B) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child. (b) (1) At the request of the person seeking to transfer the case to another judicial district, upon proper motion and affidavit, notice, and payment of a refiling fee, the court shall enter an order transferring the case and the refiling fee and charging the clerk of the court to transmit forthwith certified copies of all records pertaining to the case to the clerk of court in the judicial district where the case is being transferred. (2) An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as appropriate, have been notified in writing that a request has been made to transfer the case to another judicial district. (3) Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer. (c) The circuit clerk receiving a transferred case shall within fourteen (14) days of receipt set up a case file, docket the case, and afford the case full faith and credit as if the case had originated in that judicial district. Acts 1997, No. 1296, § 13; 1999, No. 1514, § 6

(a) (1) The court where the final adjudication of child support is rendered shall retain jurisdiction of all matters following the entry of the decree. (2) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county. (3) (A) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (B) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child.

(1) The court where the final adjudication of child support is rendered shall retain jurisdiction of all matters following the entry of the decree.

(2) If more than six (6) months subsequent to the final adjudication, however, each of the parties to the action has established a residence in a county of another judicial district within the state, one (1) or both of the parties may petition the court that entered the final adjudication to request that the case be transferred to another county.

(3) (A) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer. (B) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child.

(A) The case shall not be transferred absent a showing that the best interest of the parties justifies the transfer.

(B) If a justification for transfer of the case has been made, there shall be an initial presumption for transfer of the case to the county of residence of the physical custodian of the child.

(b) (1) At the request of the person seeking to transfer the case to another judicial district, upon proper motion and affidavit, notice, and payment of a refiling fee, the court shall enter an order transferring the case and the refiling fee and charging the clerk of the court to transmit forthwith certified copies of all records pertaining to the case to the clerk of court in the judicial district where the case is being transferred. (2) An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as appropriate, have been notified in writing that a request has been made to transfer the case to another judicial district. (3) Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer.

(1) At the request of the person seeking to transfer the case to another judicial district, upon proper motion and affidavit, notice, and payment of a refiling fee, the court shall enter an order transferring the case and the refiling fee and charging the clerk of the court to transmit forthwith certified copies of all records pertaining to the case to the clerk of court in the judicial district where the case is being transferred.

(2) An affidavit shall accompany the motion to transfer and recite that the parent or parents, the physical custodian, and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, as appropriate, have been notified in writing that a request has been made to transfer the case to another judicial district.

(3) Notification pursuant to this section must inform each recipient that any objection must be filed within twenty (20) days from the date of receipt of the affidavit and motion for transfer.

(c) The circuit clerk receiving a transferred case shall within fourteen (14) days of receipt set up a case file, docket the case, and afford the case full faith and credit as if the case had originated in that judicial district.

Acts 1997, No. 1296, § 13; 1999, No. 1514, § 6
Ark. Code Ann. § 9-28-1304 — AR Code / Title 9 / Chapter 28 / Subchapter 13 / Section 9-28-1304
Rules
Status: in_force

The Department of Human Services shall promulgate rules to implement this subchapter. Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.

The Department of Human Services shall promulgate rules to implement this subchapter.

Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 9-26-214 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-214
Use of custodial property
Status: in_force

(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose. (b) On petition of an interested person or the minor if the minor has attained the age of fourteen (14) years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor. (c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and shall not affect any obligation of a person to support the minor. Acts 1985, No. 476, § 14; A.S.A. 1947, § 50-947

(a) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (i) the duty or ability of the custodian personally or of any other person to support the minor, or (ii) any other income or property of the minor which may be applicable or available for that purpose.

(b) On petition of an interested person or the minor if the minor has attained the age of fourteen (14) years, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.

(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and shall not affect any obligation of a person to support the minor.

Acts 1985, No. 476, § 14; A.S.A. 1947, § 50-947
Ark. Code Ann. § 9-11-602 — AR Code / Title 9 / Chapter 11 / Subchapter 6 / Section 9-11-602
Sale of real estate free of dower or curtesy - Petition
Status: in_force

(a) (1) Any person owning lands in this state and whose spouse is adjudged insane may apply by petition to the circuit court of the county where the lands are situated for leave to sell the real estate, or any part thereof, discharged and unencumbered of the rights of dower or curtesy of the spouse. (2) The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, the nature and object of the conveyance desired to be made, describing the real estate and giving the name of the person to whom the conveyance is intended to be made, and the consideration thereof, and that the intention of the conveyance is not to deprive the spouse of dower or curtesy, as the case may be, but to dispose of the real estate in the usual and ordinary course of business. (b) On the filing of the petition, the court shall appoint some reliable and disinterested citizen not related to either of the parties, nor interested directly or indirectly in the real estate or any part thereof described in the petition as guardian ad litem for the defendant. The guardian ad litem shall forthwith cause the appearance of the defendant to be entered of record in the case from time to time and make such pleadings in the case as may seem fit to him or her for the interest of his or her ward and be consistent with the practice of the court. All acts of the guardian ad litem shall be deemed valid and binding on the defendant. Acts 1905, No. 337, § 1, p. 794; C. & M. Dig., § 3561; Pope's Dig., § 4447; Acts 1981, No. 714, § 10; A.S.A. 1947, § 59-701

(a) (1) Any person owning lands in this state and whose spouse is adjudged insane may apply by petition to the circuit court of the county where the lands are situated for leave to sell the real estate, or any part thereof, discharged and unencumbered of the rights of dower or curtesy of the spouse. (2) The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, the nature and object of the conveyance desired to be made, describing the real estate and giving the name of the person to whom the conveyance is intended to be made, and the consideration thereof, and that the intention of the conveyance is not to deprive the spouse of dower or curtesy, as the case may be, but to dispose of the real estate in the usual and ordinary course of business.

(1) Any person owning lands in this state and whose spouse is adjudged insane may apply by petition to the circuit court of the county where the lands are situated for leave to sell the real estate, or any part thereof, discharged and unencumbered of the rights of dower or curtesy of the spouse.

(2) The petition shall set forth the insanity of the spouse, the nature and duration thereof, the person with whom and the place at which the spouse may then be residing, the nature and object of the conveyance desired to be made, describing the real estate and giving the name of the person to whom the conveyance is intended to be made, and the consideration thereof, and that the intention of the conveyance is not to deprive the spouse of dower or curtesy, as the case may be, but to dispose of the real estate in the usual and ordinary course of business.

(b) On the filing of the petition, the court shall appoint some reliable and disinterested citizen not related to either of the parties, nor interested directly or indirectly in the real estate or any part thereof described in the petition as guardian ad litem for the defendant. The guardian ad litem shall forthwith cause the appearance of the defendant to be entered of record in the case from time to time and make such pleadings in the case as may seem fit to him or her for the interest of his or her ward and be consistent with the practice of the court. All acts of the guardian ad litem shall be deemed valid and binding on the defendant.

Acts 1905, No. 337, § 1, p. 794; C. & M. Dig., § 3561; Pope's Dig., § 4447; Acts 1981, No. 714, § 10; A.S.A. 1947, § 59-701
Ark. Code Ann. § 9-13-105 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-105
Criminal records check
Status: in_force

(a) Any parent of a minor child in a circuit court case may petition the court to order a criminal records check of the other parent of the minor child or other adult members of the household eighteen (18) years of age or older who reside with the parent for custody and visitation determination purposes. (b) If the court determines there is reasonable cause to suspect that the other parent or other adult members of the household eighteen (18) years of age or older who reside with the parent may have engaged in criminal conduct that would be relevant to the issue of custody of the minor child or visitation privileges, the court may order a criminal records check through the Arkansas Crime Information Center, including a check of the sex offender registry under the Sex Offender Registration Act of 1997, § 12-12-901 et seq. (c) The court shall review the results of the criminal records check, and if it deems appropriate, provide the results to the petitioning parent. (d) Any costs associated with conducting a criminal records check shall be borne by the petitioning party. Amended by Act 2013, No. 477,§ 1, eff. 8/16/2013 Acts 1997, No. 730, § 1; 2011, No. 344, § 1

(a) Any parent of a minor child in a circuit court case may petition the court to order a criminal records check of the other parent of the minor child or other adult members of the household eighteen (18) years of age or older who reside with the parent for custody and visitation determination purposes.

(b) If the court determines there is reasonable cause to suspect that the other parent or other adult members of the household eighteen (18) years of age or older who reside with the parent may have engaged in criminal conduct that would be relevant to the issue of custody of the minor child or visitation privileges, the court may order a criminal records check through the Arkansas Crime Information Center, including a check of the sex offender registry under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.

(c) The court shall review the results of the criminal records check, and if it deems appropriate, provide the results to the petitioning parent.

(d) Any costs associated with conducting a criminal records check shall be borne by the petitioning party.

Amended by Act 2013, No. 477,§ 1, eff. 8/16/2013

Acts 1997, No. 730, § 1; 2011, No. 344, § 1
Ark. Code Ann. § 9-5-104 — AR Code / Title 9 / Chapter 5 / Section 9-5-104
Duties of Children's Advocacy Centers of Arkansas - Child safety centers
Status: in_force

(a) The Department of Finance and Administration shall: (1) Distribute grants to one (1) or more child safety centers and an entity receiving funding under this chapter; (2) (A) Retain oversight of all grants distributed under this chapter. (B) The Secretary of the Department of Finance and Administration or his or her designee shall be the agency contact concerning the oversight of grants distributed under this chapter; and (3) Evaluate the Children's Advocacy Centers of Arkansas's quarterly reports concerning funding received by the Children's Advocacy Centers of Arkansas and each child safety center. (b) The Department of Finance and Administration and the Children's Advocacy Centers of Arkansas shall work together to: (1) (A) Establish the criteria for grant applications and awards under this chapter. (B) A grant application shall be submitted directly to the Department of Finance and Administration; (2) (A) Establish the criteria for awarding or denying a grant application under this chapter. (B) The Department of Finance and Administration shall remit funds awarded to a child safety center directly to the child safety center; (3) Annually evaluate each child safety center for compliance with the best program practices of the Children's Advocacy Centers of Arkansas, fiscal, and training requirements under this chapter; (4) Promote and uphold procedures to implement this chapter and the forms for the evaluation of each child safety center; (5) Adopt a uniform system of recordkeeping and reporting to ensure the proper handling of funds by child safety centers and to ensure uniformity and accountability by child safety centers; (6) Provide training and technical assistance to child safety centers to ensure best practice standards for forensic interviews, prevention, and medical evaluations; and (7) Coordinate and provide training statewide for multidisciplinary teams. (c) The Children's Advocacy Centers of Arkansas may enter into contracts with any entity to fulfill its duties under this chapter. (d) A child safety center shall: (1) Receive, review, and track reporting from the Department of Human Services relating to the alleged abuse or neglect of a child in order to ensure a consistent and comprehensive approach to providing services to a child and the family of a child who is the victim of alleged abuse or neglect; (2) Work with participating agencies relating to the delivery of services to a child and the family of a child who is the alleged victim of abuse or neglect; (3) Provide support services to a child and the family of a child who is the alleged victim of abuse or neglect; (4) Provide forensic interviews that are conducted in a neutral, fact-finding manner and coordinated to avoid duplicative interviewing; (5) Provide access to specialized medical evaluations and treatment services to a child who is the alleged victim of abuse or neglect; (6) Provide access to evidence-based, trauma-focused mental health services to a child who is the alleged victim of abuse or neglect; and (7) Provide a child-focused setting that is comfortable, private, and physically safe for a diverse population. Amended by Act 2021, No. 975,§ 3, eff. 7/28/2021. Acts 2007, No. 703, § 5

(a) The Department of Finance and Administration shall: (1) Distribute grants to one (1) or more child safety centers and an entity receiving funding under this chapter; (2) (A) Retain oversight of all grants distributed under this chapter. (B) The Secretary of the Department of Finance and Administration or his or her designee shall be the agency contact concerning the oversight of grants distributed under this chapter; and (3) Evaluate the Children's Advocacy Centers of Arkansas's quarterly reports concerning funding received by the Children's Advocacy Centers of Arkansas and each child safety center.

(1) Distribute grants to one (1) or more child safety centers and an entity receiving funding under this chapter;

(2) (A) Retain oversight of all grants distributed under this chapter. (B) The Secretary of the Department of Finance and Administration or his or her designee shall be the agency contact concerning the oversight of grants distributed under this chapter; and

(A) Retain oversight of all grants distributed under this chapter.

(B) The Secretary of the Department of Finance and Administration or his or her designee shall be the agency contact concerning the oversight of grants distributed under this chapter; and

(3) Evaluate the Children's Advocacy Centers of Arkansas's quarterly reports concerning funding received by the Children's Advocacy Centers of Arkansas and each child safety center.

(b) The Department of Finance and Administration and the Children's Advocacy Centers of Arkansas shall work together to: (1) (A) Establish the criteria for grant applications and awards under this chapter. (B) A grant application shall be submitted directly to the Department of Finance and Administration; (2) (A) Establish the criteria for awarding or denying a grant application under this chapter. (B) The Department of Finance and Administration shall remit funds awarded to a child safety center directly to the child safety center; (3) Annually evaluate each child safety center for compliance with the best program practices of the Children's Advocacy Centers of Arkansas, fiscal, and training requirements under this chapter; (4) Promote and uphold procedures to implement this chapter and the forms for the evaluation of each child safety center; (5) Adopt a uniform system of recordkeeping and reporting to ensure the proper handling of funds by child safety centers and to ensure uniformity and accountability by child safety centers; (6) Provide training and technical assistance to child safety centers to ensure best practice standards for forensic interviews, prevention, and medical evaluations; and (7) Coordinate and provide training statewide for multidisciplinary teams.

(1) (A) Establish the criteria for grant applications and awards under this chapter. (B) A grant application shall be submitted directly to the Department of Finance and Administration;

(A) Establish the criteria for grant applications and awards under this chapter.

(B) A grant application shall be submitted directly to the Department of Finance and Administration;

(2) (A) Establish the criteria for awarding or denying a grant application under this chapter. (B) The Department of Finance and Administration shall remit funds awarded to a child safety center directly to the child safety center;

(A) Establish the criteria for awarding or denying a grant application under this chapter.

(B) The Department of Finance and Administration shall remit funds awarded to a child safety center directly to the child safety center;

(3) Annually evaluate each child safety center for compliance with the best program practices of the Children's Advocacy Centers of Arkansas, fiscal, and training requirements under this chapter;

(4) Promote and uphold procedures to implement this chapter and the forms for the evaluation of each child safety center;

(5) Adopt a uniform system of recordkeeping and reporting to ensure the proper handling of funds by child safety centers and to ensure uniformity and accountability by child safety centers;

(6) Provide training and technical assistance to child safety centers to ensure best practice standards for forensic interviews, prevention, and medical evaluations; and

(7) Coordinate and provide training statewide for multidisciplinary teams.

(c) The Children's Advocacy Centers of Arkansas may enter into contracts with any entity to fulfill its duties under this chapter.

(d) A child safety center shall: (1) Receive, review, and track reporting from the Department of Human Services relating to the alleged abuse or neglect of a child in order to ensure a consistent and comprehensive approach to providing services to a child and the family of a child who is the victim of alleged abuse or neglect; (2) Work with participating agencies relating to the delivery of services to a child and the family of a child who is the alleged victim of abuse or neglect; (3) Provide support services to a child and the family of a child who is the alleged victim of abuse or neglect; (4) Provide forensic interviews that are conducted in a neutral, fact-finding manner and coordinated to avoid duplicative interviewing; (5) Provide access to specialized medical evaluations and treatment services to a child who is the alleged victim of abuse or neglect; (6) Provide access to evidence-based, trauma-focused mental health services to a child who is the alleged victim of abuse or neglect; and (7) Provide a child-focused setting that is comfortable, private, and physically safe for a diverse population.

(1) Receive, review, and track reporting from the Department of Human Services relating to the alleged abuse or neglect of a child in order to ensure a consistent and comprehensive approach to providing services to a child and the family of a child who is the victim of alleged abuse or neglect;

(2) Work with participating agencies relating to the delivery of services to a child and the family of a child who is the alleged victim of abuse or neglect;

(3) Provide support services to a child and the family of a child who is the alleged victim of abuse or neglect;

(4) Provide forensic interviews that are conducted in a neutral, fact-finding manner and coordinated to avoid duplicative interviewing;

(5) Provide access to specialized medical evaluations and treatment services to a child who is the alleged victim of abuse or neglect;

(6) Provide access to evidence-based, trauma-focused mental health services to a child who is the alleged victim of abuse or neglect; and

(7) Provide a child-focused setting that is comfortable, private, and physically safe for a diverse population.

Amended by Act 2021, No. 975,§ 3, eff. 7/28/2021.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-9-802 — AR Code / Title 9 / Chapter 9 / Subchapter 9 / Section 9-9-802
Birth parent redaction request and contact preference forms
Status: in_force

(a) (1) (A) The Department of Health shall create and make available on its website: (i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803 ; and (ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent. (B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public. (2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following: (A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803 ; and (ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803 ; (B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; (C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and (D) Any other information required by the department. (3) The form required under subdivision (a)(1)(A)(ii) of this section shall include the following: (A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring; and (ii) Removed from the adoption file of the birth parent's offspring and replaced with an updated form; (B) A section in which a birth parent may indicate whether a requester may: (i) Directly contact the birth parent; (ii) Contact the birth parent through an intermediary specified by the birth parent; or (iii) Not contact the birth parent directly or through an intermediary; (C) The information needed by the department to identify the adoption file of the adoptee named on the form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; (D) Notification that a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section is advisory and unenforceable; (E) An attestation by the birth parent that he or she is the birth parent of the adoptee named on a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; and (F) Any other information required by the department. (b) The department shall accept a form submitted under this section if: (1) The form is notarized; (2) The birth parent submits satisfactory proof of his or her identity as determined by the rules of the department; (3) (A) The birth parent completes, corrects, or expands his or her genetic or social history. (B) A completed, corrected, or expanded genetic or social history under subdivision (b)(3)(A) of this section is required if the birth parent's genetic or social history: (i) Was not previously compiled; or (ii) Was compiled but needs to be corrected or expanded; and (4) A completed form submitted under this section at least substantially complies with the requirements of this section. (c) The department shall not accept a form provided under this section that is completed and submitted by a birth parent for another birth parent. (d) The department shall place a form submitted under this section in the adoption file of the adoptee named on the form if: (1) The requirements of subsection (b) of this section are substantially met; and (2) The adoption file concerns the adoptee named on the form. (e) (1) Upon accepting a form submitted under subdivision (a)(2)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(2)(A)(i) of this section from the adoption file of the adoptee named on the form. (2) Upon accepting an updated form submitted under subdivision (a)(3)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(3)(A)(i) of this section from the adoption file and place the updated form in the adoption file. (f) The department shall maintain an electronic copy and destroy the hard copy of a form removed from an adoption file under subsection (e) of this section. Added by Act 2017, No. 519,§ 1, eff. 8/1/2017

(a) (1) (A) The Department of Health shall create and make available on its website: (i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803 ; and (ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent. (B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public. (2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following: (A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803 ; and (ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803 ; (B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; (C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and (D) Any other information required by the department. (3) The form required under subdivision (a)(1)(A)(ii) of this section shall include the following: (A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring; and (ii) Removed from the adoption file of the birth parent's offspring and replaced with an updated form; (B) A section in which a birth parent may indicate whether a requester may: (i) Directly contact the birth parent; (ii) Contact the birth parent through an intermediary specified by the birth parent; or (iii) Not contact the birth parent directly or through an intermediary; (C) The information needed by the department to identify the adoption file of the adoptee named on the form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; (D) Notification that a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section is advisory and unenforceable; (E) An attestation by the birth parent that he or she is the birth parent of the adoptee named on a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; and (F) Any other information required by the department.

(1) (A) The Department of Health shall create and make available on its website: (i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803 ; and (ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent. (B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public.

(A) The Department of Health shall create and make available on its website: (i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803 ; and (ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent.

(i) A form that a birth parent may use to have his or her name redacted from the copy of an adoption file that a requester receives under § 9-9-803 ; and

(ii) A form that a birth parent may use to specify if a requester may contact the birth parent and the preferred manner by which a requester may contact the birth parent.

(B) The department shall make hard copies of the forms required under subdivision (a)(1)(A) of this section available to the public.

(2) The form required under subdivision (a)(1)(A)(i) of this section shall include the following: (A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803 ; and (ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803 ; (B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; (C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and (D) Any other information required by the department.

(A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803 ; and (ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803 ;

(i) Placed in the adoption file of the birth parent's offspring so that the birth parent's name is redacted from the copy of the adoption file that a requester receives under § 9-9-803 ; and

(ii) Removed from the adoption file of the birth parent's offspring so that the birth parent's name is included in the copy of the adoption file that a requester receives under § 9-9-803 ;

(B) The information needed by the department to identify the adoption file of the adoptee named on a form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section;

(C) An attestation by the birth parent that he or she is the birth parent of the adoptee named on the form submitted under subdivisions (a)(2)(A)(i) and (ii) of this section; and

(D) Any other information required by the department.

(3) The form required under subdivision (a)(1)(A)(ii) of this section shall include the following: (A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring; and (ii) Removed from the adoption file of the birth parent's offspring and replaced with an updated form; (B) A section in which a birth parent may indicate whether a requester may: (i) Directly contact the birth parent; (ii) Contact the birth parent through an intermediary specified by the birth parent; or (iii) Not contact the birth parent directly or through an intermediary; (C) The information needed by the department to identify the adoption file of the adoptee named on the form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; (D) Notification that a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section is advisory and unenforceable; (E) An attestation by the birth parent that he or she is the birth parent of the adoptee named on a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; and (F) Any other information required by the department.

(A) Information about the procedures and requirements for a birth parent to have the form: (i) Placed in the adoption file of the birth parent's offspring; and (ii) Removed from the adoption file of the birth parent's offspring and replaced with an updated form;

(i) Placed in the adoption file of the birth parent's offspring; and

(ii) Removed from the adoption file of the birth parent's offspring and replaced with an updated form;

(B) A section in which a birth parent may indicate whether a requester may: (i) Directly contact the birth parent; (ii) Contact the birth parent through an intermediary specified by the birth parent; or (iii) Not contact the birth parent directly or through an intermediary;

(i) Directly contact the birth parent;

(ii) Contact the birth parent through an intermediary specified by the birth parent; or

(iii) Not contact the birth parent directly or through an intermediary;

(C) The information needed by the department to identify the adoption file of the adoptee named on the form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section;

(D) Notification that a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section is advisory and unenforceable;

(E) An attestation by the birth parent that he or she is the birth parent of the adoptee named on a form submitted under subdivisions (a)(3)(A)(i) and (ii) of this section; and

(F) Any other information required by the department.

(b) The department shall accept a form submitted under this section if: (1) The form is notarized; (2) The birth parent submits satisfactory proof of his or her identity as determined by the rules of the department; (3) (A) The birth parent completes, corrects, or expands his or her genetic or social history. (B) A completed, corrected, or expanded genetic or social history under subdivision (b)(3)(A) of this section is required if the birth parent's genetic or social history: (i) Was not previously compiled; or (ii) Was compiled but needs to be corrected or expanded; and (4) A completed form submitted under this section at least substantially complies with the requirements of this section.

(1) The form is notarized;

(2) The birth parent submits satisfactory proof of his or her identity as determined by the rules of the department;

(3) (A) The birth parent completes, corrects, or expands his or her genetic or social history. (B) A completed, corrected, or expanded genetic or social history under subdivision (b)(3)(A) of this section is required if the birth parent's genetic or social history: (i) Was not previously compiled; or (ii) Was compiled but needs to be corrected or expanded; and

(A) The birth parent completes, corrects, or expands his or her genetic or social history.

(B) A completed, corrected, or expanded genetic or social history under subdivision (b)(3)(A) of this section is required if the birth parent's genetic or social history: (i) Was not previously compiled; or (ii) Was compiled but needs to be corrected or expanded; and

(i) Was not previously compiled; or

(ii) Was compiled but needs to be corrected or expanded; and

(4) A completed form submitted under this section at least substantially complies with the requirements of this section.

(c) The department shall not accept a form provided under this section that is completed and submitted by a birth parent for another birth parent.

(d) The department shall place a form submitted under this section in the adoption file of the adoptee named on the form if: (1) The requirements of subsection (b) of this section are substantially met; and (2) The adoption file concerns the adoptee named on the form.

(1) The requirements of subsection (b) of this section are substantially met; and

(2) The adoption file concerns the adoptee named on the form.

(e) (1) Upon accepting a form submitted under subdivision (a)(2)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(2)(A)(i) of this section from the adoption file of the adoptee named on the form. (2) Upon accepting an updated form submitted under subdivision (a)(3)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(3)(A)(i) of this section from the adoption file and place the updated form in the adoption file.

(1) Upon accepting a form submitted under subdivision (a)(2)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(2)(A)(i) of this section from the adoption file of the adoptee named on the form.

(2) Upon accepting an updated form submitted under subdivision (a)(3)(A)(ii) of this section, the department shall remove a form submitted under subdivision (a)(3)(A)(i) of this section from the adoption file and place the updated form in the adoption file.

(f) The department shall maintain an electronic copy and destroy the hard copy of a form removed from an adoption file under subsection (e) of this section.

Added by Act 2017, No. 519,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-30-105 — AR Code / Title 9 / Chapter 30 / Section 9-30-105
Powers and duties of the Department of Human Services
Status: in_force

(a) The Department of Human Services shall adopt rules necessary for the implementation of this chapter. (b) Regarding the administration of the Children's Trust Fund, the department shall: (1) Promulgate rules prescribing the procedure for establishing local councils; (2) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs; (3) Develop and publicize criteria for the distribution of Children's Trust Fund money under § 9-30-106 ; (4) Monitor the expenditure of Children's Trust Fund money by persons, groups, and entities who receive Children's Trust Fund money from the department; and (5) Provide statewide educational and public information seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect, encourage professional persons and groups to recognize and deal with problems of child abuse and neglect, make information about the problems of child abuse and neglect available to the public and organizations and agencies that deal with problems of child abuse and neglect, and encourage the development of community prevention programs. (c) Regarding the administration of the One Percent to Prevent Fund, to the extent funding is appropriated and available, the department shall: (1) Develop and implement parenting-from-prison programs with preference given to facilities where parenting-from-prison programs exist or where community-based services are available; (2) Develop and implement a post-release parenting program for parents who have been recently released from a detention or correctional facility in communities that can establish a need for the services; (3) Develop and implement a program for the children of prisoners in communities that can establish a need for the services; (4) Develop and implement other services and programs as needed that prevent children of prisoners from becoming future prisoners; (5) Provide training, quality assurance, and technical assistance for each of the services and programs funded under the One Percent to Prevent Fund; (6) Provide for the evaluation by an independent source of all services and programs funded by the One Percent to Prevent Fund; and (7) On or before October 1 of each year, provide an annual report to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing the evaluations of the One Percent to Prevent Fund. (d) The department may enter into contracts with any person, group of persons, or legal entity to fulfill the requirements of this section. Amended by Act 2017, No. 896,§ 1, eff. 8/1/2017 Amended by Act 2017, No. 897,§ 7, eff. 7/1/2017 Amended by Act 2013, No. 528,§ 1, eff. 3/28/2013 Acts 1987, No. 397, §§ 5, 7; 2003, No. 1224, § 2

(a) The Department of Human Services shall adopt rules necessary for the implementation of this chapter.

(b) Regarding the administration of the Children's Trust Fund, the department shall: (1) Promulgate rules prescribing the procedure for establishing local councils; (2) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs; (3) Develop and publicize criteria for the distribution of Children's Trust Fund money under § 9-30-106 ; (4) Monitor the expenditure of Children's Trust Fund money by persons, groups, and entities who receive Children's Trust Fund money from the department; and (5) Provide statewide educational and public information seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect, encourage professional persons and groups to recognize and deal with problems of child abuse and neglect, make information about the problems of child abuse and neglect available to the public and organizations and agencies that deal with problems of child abuse and neglect, and encourage the development of community prevention programs.

(1) Promulgate rules prescribing the procedure for establishing local councils;

(2) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs;

(3) Develop and publicize criteria for the distribution of Children's Trust Fund money under § 9-30-106 ;

(4) Monitor the expenditure of Children's Trust Fund money by persons, groups, and entities who receive Children's Trust Fund money from the department; and

(5) Provide statewide educational and public information seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect, encourage professional persons and groups to recognize and deal with problems of child abuse and neglect, make information about the problems of child abuse and neglect available to the public and organizations and agencies that deal with problems of child abuse and neglect, and encourage the development of community prevention programs.

(c) Regarding the administration of the One Percent to Prevent Fund, to the extent funding is appropriated and available, the department shall: (1) Develop and implement parenting-from-prison programs with preference given to facilities where parenting-from-prison programs exist or where community-based services are available; (2) Develop and implement a post-release parenting program for parents who have been recently released from a detention or correctional facility in communities that can establish a need for the services; (3) Develop and implement a program for the children of prisoners in communities that can establish a need for the services; (4) Develop and implement other services and programs as needed that prevent children of prisoners from becoming future prisoners; (5) Provide training, quality assurance, and technical assistance for each of the services and programs funded under the One Percent to Prevent Fund; (6) Provide for the evaluation by an independent source of all services and programs funded by the One Percent to Prevent Fund; and (7) On or before October 1 of each year, provide an annual report to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing the evaluations of the One Percent to Prevent Fund.

(1) Develop and implement parenting-from-prison programs with preference given to facilities where parenting-from-prison programs exist or where community-based services are available;

(2) Develop and implement a post-release parenting program for parents who have been recently released from a detention or correctional facility in communities that can establish a need for the services;

(3) Develop and implement a program for the children of prisoners in communities that can establish a need for the services;

(4) Develop and implement other services and programs as needed that prevent children of prisoners from becoming future prisoners;

(5) Provide training, quality assurance, and technical assistance for each of the services and programs funded under the One Percent to Prevent Fund;

(6) Provide for the evaluation by an independent source of all services and programs funded by the One Percent to Prevent Fund; and

(7) On or before October 1 of each year, provide an annual report to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs summarizing the evaluations of the One Percent to Prevent Fund.

(d) The department may enter into contracts with any person, group of persons, or legal entity to fulfill the requirements of this section.

Amended by Act 2017, No. 896,§ 1, eff. 8/1/2017

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

Amended by Act 2013, No. 528,§ 1, eff. 3/28/2013

Acts 1987, No. 397, §§ 5, 7; 2003, No. 1224, § 2
Ark. Code Ann. § 9-27-322 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-322
Release from custody
Status: in_force

(a) Upon receiving notice that a juvenile has been taken into custody on an allegation of delinquency, the intake officer shall immediately notify the juvenile's parent, guardian, or custodian of the location at which the juvenile is being held and of the reasons for the juvenile's detention if such notification has not previously taken place and shall: (1) Unconditionally release the juvenile to the juvenile's parent, guardian, or custodian; (2) Release the juvenile to the juvenile's parent, guardian, or custodian upon the written promise of the parent, guardian, or custodian to bring the juvenile before the court when summoned; (3) Release the juvenile to the juvenile's parent, guardian, or custodian upon written conditions to ensure the juvenile will be brought before the court; (4) Pending court review, place the juvenile in shelter care if unable to locate the juvenile's parent, guardian, or custodian; (5) Pending court review, place the juvenile on electronic monitoring; or (6) Detain the juvenile pending a detention hearing before the circuit court. (b) Criteria for Release by Intake Officer. (1) In determining whether to detain a juvenile who has been taken into custody on an allegation of delinquency pending a detention hearing, the intake officer shall consider the following facts: (A) Ties to the community, including: (i) Place and length of residence; (ii) School attendance; (iii) Present and past employment; (iv) Family relationships; and (v) References; and (B) Nature of the alleged offense, including: (i) Whether the offense would constitute a felony or misdemeanor; (ii) The use of force or violence; (iii) Prior juvenile or criminal record; and (iv) Any history of failure to appear for court appearances. (2) The intake officer may determine that there is no less restrictive alternative to detention if detention is necessary: (A) To prevent imminent bodily harm to the juvenile or to another; or (B) To prevent flight when the juvenile is a fugitive or escapee from another jurisdiction. (3) Only if a substantial number of the facts considered under subdivision (b)(1) of this section weigh against the juvenile or one (1) of the two (2) circumstances in subdivision (b)(2) of this section exists shall the juvenile be detained pending a detention hearing by the court. (c) The juvenile and his or her parent, guardian, or custodian shall not be charged the cost of detention, shelter, or electronic monitoring authorized by a juvenile officer under subsection (a) of this section. Amended by Act 2015, No. 1021,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1021,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 21; 2003, No. 1166, § 13

(a) Upon receiving notice that a juvenile has been taken into custody on an allegation of delinquency, the intake officer shall immediately notify the juvenile's parent, guardian, or custodian of the location at which the juvenile is being held and of the reasons for the juvenile's detention if such notification has not previously taken place and shall: (1) Unconditionally release the juvenile to the juvenile's parent, guardian, or custodian; (2) Release the juvenile to the juvenile's parent, guardian, or custodian upon the written promise of the parent, guardian, or custodian to bring the juvenile before the court when summoned; (3) Release the juvenile to the juvenile's parent, guardian, or custodian upon written conditions to ensure the juvenile will be brought before the court; (4) Pending court review, place the juvenile in shelter care if unable to locate the juvenile's parent, guardian, or custodian; (5) Pending court review, place the juvenile on electronic monitoring; or (6) Detain the juvenile pending a detention hearing before the circuit court.

(1) Unconditionally release the juvenile to the juvenile's parent, guardian, or custodian;

(2) Release the juvenile to the juvenile's parent, guardian, or custodian upon the written promise of the parent, guardian, or custodian to bring the juvenile before the court when summoned;

(3) Release the juvenile to the juvenile's parent, guardian, or custodian upon written conditions to ensure the juvenile will be brought before the court;

(4) Pending court review, place the juvenile in shelter care if unable to locate the juvenile's parent, guardian, or custodian;

(5) Pending court review, place the juvenile on electronic monitoring; or

(6) Detain the juvenile pending a detention hearing before the circuit court.

(b) Criteria for Release by Intake Officer. (1) In determining whether to detain a juvenile who has been taken into custody on an allegation of delinquency pending a detention hearing, the intake officer shall consider the following facts: (A) Ties to the community, including: (i) Place and length of residence; (ii) School attendance; (iii) Present and past employment; (iv) Family relationships; and (v) References; and (B) Nature of the alleged offense, including: (i) Whether the offense would constitute a felony or misdemeanor; (ii) The use of force or violence; (iii) Prior juvenile or criminal record; and (iv) Any history of failure to appear for court appearances. (2) The intake officer may determine that there is no less restrictive alternative to detention if detention is necessary: (A) To prevent imminent bodily harm to the juvenile or to another; or (B) To prevent flight when the juvenile is a fugitive or escapee from another jurisdiction. (3) Only if a substantial number of the facts considered under subdivision (b)(1) of this section weigh against the juvenile or one (1) of the two (2) circumstances in subdivision (b)(2) of this section exists shall the juvenile be detained pending a detention hearing by the court.

(1) In determining whether to detain a juvenile who has been taken into custody on an allegation of delinquency pending a detention hearing, the intake officer shall consider the following facts: (A) Ties to the community, including: (i) Place and length of residence; (ii) School attendance; (iii) Present and past employment; (iv) Family relationships; and (v) References; and (B) Nature of the alleged offense, including: (i) Whether the offense would constitute a felony or misdemeanor; (ii) The use of force or violence; (iii) Prior juvenile or criminal record; and (iv) Any history of failure to appear for court appearances.

(A) Ties to the community, including: (i) Place and length of residence; (ii) School attendance; (iii) Present and past employment; (iv) Family relationships; and (v) References; and

(i) Place and length of residence;

(ii) School attendance;

(iii) Present and past employment;

(iv) Family relationships; and

(v) References; and

(B) Nature of the alleged offense, including: (i) Whether the offense would constitute a felony or misdemeanor; (ii) The use of force or violence; (iii) Prior juvenile or criminal record; and (iv) Any history of failure to appear for court appearances.

(i) Whether the offense would constitute a felony or misdemeanor;

(ii) The use of force or violence;

(iii) Prior juvenile or criminal record; and

(iv) Any history of failure to appear for court appearances.

(2) The intake officer may determine that there is no less restrictive alternative to detention if detention is necessary: (A) To prevent imminent bodily harm to the juvenile or to another; or (B) To prevent flight when the juvenile is a fugitive or escapee from another jurisdiction.

(A) To prevent imminent bodily harm to the juvenile or to another; or

(B) To prevent flight when the juvenile is a fugitive or escapee from another jurisdiction.

(3) Only if a substantial number of the facts considered under subdivision (b)(1) of this section weigh against the juvenile or one (1) of the two (2) circumstances in subdivision (b)(2) of this section exists shall the juvenile be detained pending a detention hearing by the court.

(c) The juvenile and his or her parent, guardian, or custodian shall not be charged the cost of detention, shelter, or electronic monitoring authorized by a juvenile officer under subsection (a) of this section.

Amended by Act 2015, No. 1021,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 1021,§ 1, eff. 7/22/2015

Acts 1989, No. 273, § 21; 2003, No. 1166, § 13
Ark. Code Ann. § 9-11-413 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-413
Repeal
Status: in_force

The following acts and parts of acts are repealed: (a) Acts 1981, No. 548. (b) All laws and parts of laws in conflict with this subchapter. Acts 1987, No. 715, § 13

The following acts and parts of acts are repealed:

(a) Acts 1981, No. 548.

(b) All laws and parts of laws in conflict with this subchapter.

Acts 1987, No. 715, § 13
Ark. Code Ann. § 9-20-116 — AR Code / Title 9 / Chapter 20 / Section 9-20-116
Probable cause hearing
Status: in_force

(a) (1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist. (2) The court may hold a probable cause hearing anywhere in the judicial district. (3) (A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to the probable cause hearing required under subdivision (a)(1) of this section, if medically appropriate. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (a)(3)(A) of this section. (C) An emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (a)(3)(A) and (B) of this section. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (a)(3)(A) and (B) of this section. (b) (1) At the probable cause hearing, the court shall make the following inquiries of the maltreated adult or other witnesses: (A) Whether the maltreated adult has the financial ability to retain counsel; and (B) If the maltreated adult does not have the financial ability to retain counsel, whether the maltreated adult is indigent. (2) The court shall: (A) Inform the maltreated adult of the right to effective assistance of counsel; and (B) If the maltreated adult is indigent, appoint counsel for the maltreated adult. (c) The hearing shall be limited to the purpose of determining whether probable cause: (1) Existed to protect the maltreated adult; and (2) (A) Still exists to protect the maltreated adult. (B) If the maltreated adult has a physical impairment but does not have a mental impairment, the court shall determine whether the maltreated adult shall remain in the custody of the department by specifically addressing these issues: (i) The current risk to the maltreated adult if removed from the custody of the department and returned to the home or situation from which the maltreated adult was removed; (ii) Whether the maltreated adult has a mental impairment and if not, inquiry of the maltreated adult whether the maltreated adult wants to remain in the custody of the department; and (iii) If the maltreated adult does not want to remain in the custody of the department, is the request of the maltreated adult made intelligently, with full knowledge of the risk if custody is dismissed and the request is unequivocal. (d) The court may enter orders: (1) Regarding protection of assets of the maltreated adult; or (2) Ordering or authorizing the department to obtain treatment, evaluations, or services for the maltreated adult. (e) The probable cause hearing shall be a miscellaneous hearing. (f) (1) Upon a finding of probable cause, the court may order temporary custody for up to thirty (30) days pending the hearing for long-term custody. (2) However, the court may extend the time under subdivision (f)(1) of this section upon a finding that extenuating circumstances exist. Amended by Act 2017, No. 579,§ 3, eff. 8/1/2017 Amended by Act 2015, No. 1214,§ 1, eff. 7/22/2015 Acts 2005, No. 1811, § 1; 2007, No. 283, § 3

(a) (1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist. (2) The court may hold a probable cause hearing anywhere in the judicial district. (3) (A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to the probable cause hearing required under subdivision (a)(1) of this section, if medically appropriate. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (a)(3)(A) of this section. (C) An emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (a)(3)(A) and (B) of this section. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (a)(3)(A) and (B) of this section.

(1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist.

(2) The court may hold a probable cause hearing anywhere in the judicial district.

(3) (A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to the probable cause hearing required under subdivision (a)(1) of this section, if medically appropriate. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (a)(3)(A) of this section. (C) An emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (a)(3)(A) and (B) of this section. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (a)(3)(A) and (B) of this section.

(A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer's or an emergency medical services provider's transporting the maltreated adult to the probable cause hearing required under subdivision (a)(1) of this section, if medically appropriate.

(B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (a)(3)(A) of this section.

(C) An emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (a)(3)(A) and (B) of this section.

(D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (a)(3)(A) and (B) of this section.

(b) (1) At the probable cause hearing, the court shall make the following inquiries of the maltreated adult or other witnesses: (A) Whether the maltreated adult has the financial ability to retain counsel; and (B) If the maltreated adult does not have the financial ability to retain counsel, whether the maltreated adult is indigent. (2) The court shall: (A) Inform the maltreated adult of the right to effective assistance of counsel; and (B) If the maltreated adult is indigent, appoint counsel for the maltreated adult.

(1) At the probable cause hearing, the court shall make the following inquiries of the maltreated adult or other witnesses: (A) Whether the maltreated adult has the financial ability to retain counsel; and (B) If the maltreated adult does not have the financial ability to retain counsel, whether the maltreated adult is indigent.

(A) Whether the maltreated adult has the financial ability to retain counsel; and

(B) If the maltreated adult does not have the financial ability to retain counsel, whether the maltreated adult is indigent.

(2) The court shall: (A) Inform the maltreated adult of the right to effective assistance of counsel; and (B) If the maltreated adult is indigent, appoint counsel for the maltreated adult.

(A) Inform the maltreated adult of the right to effective assistance of counsel; and

(B) If the maltreated adult is indigent, appoint counsel for the maltreated adult.

(c) The hearing shall be limited to the purpose of determining whether probable cause: (1) Existed to protect the maltreated adult; and (2) (A) Still exists to protect the maltreated adult. (B) If the maltreated adult has a physical impairment but does not have a mental impairment, the court shall determine whether the maltreated adult shall remain in the custody of the department by specifically addressing these issues: (i) The current risk to the maltreated adult if removed from the custody of the department and returned to the home or situation from which the maltreated adult was removed; (ii) Whether the maltreated adult has a mental impairment and if not, inquiry of the maltreated adult whether the maltreated adult wants to remain in the custody of the department; and (iii) If the maltreated adult does not want to remain in the custody of the department, is the request of the maltreated adult made intelligently, with full knowledge of the risk if custody is dismissed and the request is unequivocal.

(1) Existed to protect the maltreated adult; and

(2) (A) Still exists to protect the maltreated adult. (B) If the maltreated adult has a physical impairment but does not have a mental impairment, the court shall determine whether the maltreated adult shall remain in the custody of the department by specifically addressing these issues: (i) The current risk to the maltreated adult if removed from the custody of the department and returned to the home or situation from which the maltreated adult was removed; (ii) Whether the maltreated adult has a mental impairment and if not, inquiry of the maltreated adult whether the maltreated adult wants to remain in the custody of the department; and (iii) If the maltreated adult does not want to remain in the custody of the department, is the request of the maltreated adult made intelligently, with full knowledge of the risk if custody is dismissed and the request is unequivocal.

(A) Still exists to protect the maltreated adult.

(B) If the maltreated adult has a physical impairment but does not have a mental impairment, the court shall determine whether the maltreated adult shall remain in the custody of the department by specifically addressing these issues: (i) The current risk to the maltreated adult if removed from the custody of the department and returned to the home or situation from which the maltreated adult was removed; (ii) Whether the maltreated adult has a mental impairment and if not, inquiry of the maltreated adult whether the maltreated adult wants to remain in the custody of the department; and (iii) If the maltreated adult does not want to remain in the custody of the department, is the request of the maltreated adult made intelligently, with full knowledge of the risk if custody is dismissed and the request is unequivocal.

(i) The current risk to the maltreated adult if removed from the custody of the department and returned to the home or situation from which the maltreated adult was removed;

(ii) Whether the maltreated adult has a mental impairment and if not, inquiry of the maltreated adult whether the maltreated adult wants to remain in the custody of the department; and

(iii) If the maltreated adult does not want to remain in the custody of the department, is the request of the maltreated adult made intelligently, with full knowledge of the risk if custody is dismissed and the request is unequivocal.

(d) The court may enter orders: (1) Regarding protection of assets of the maltreated adult; or (2) Ordering or authorizing the department to obtain treatment, evaluations, or services for the maltreated adult.

(1) Regarding protection of assets of the maltreated adult; or

(2) Ordering or authorizing the department to obtain treatment, evaluations, or services for the maltreated adult.

(e) The probable cause hearing shall be a miscellaneous hearing.

(f) (1) Upon a finding of probable cause, the court may order temporary custody for up to thirty (30) days pending the hearing for long-term custody. (2) However, the court may extend the time under subdivision (f)(1) of this section upon a finding that extenuating circumstances exist.

(1) Upon a finding of probable cause, the court may order temporary custody for up to thirty (30) days pending the hearing for long-term custody.

(2) However, the court may extend the time under subdivision (f)(1) of this section upon a finding that extenuating circumstances exist.

Amended by Act 2017, No. 579,§ 3, eff. 8/1/2017

Amended by Act 2015, No. 1214,§ 1, eff. 7/22/2015

Acts 2005, No. 1811, § 1; 2007, No. 283, § 3
Ark. Code Ann. § 9-19-105 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-105
Internal application of chapter
Status: in_force

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying subchapters 1 and 2 of this chapter. (b) Except as otherwise provided in subsection (c) of this section, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter. (c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights. Acts 1999, No. 668, § 105

(a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying subchapters 1 and 2 of this chapter.

(b) Except as otherwise provided in subsection (c) of this section, a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under subchapter 3 of this chapter.

(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.

Acts 1999, No. 668, § 105
Ark. Code Ann. § 9-27-404 — AR Code / Title 9 / Chapter 27 / Subchapter 4 / Section 9-27-404
[Multiple Versions] Division of Dependency-Neglect Representation funding
Status: in_force

The Department of Finance and Administration shall transfer funds as needed from the State Administration of Justice Fund to the State Central Services Fund in amounts as are required to reimburse the State Central Services Fund for a portion of the expenses of the Division of Dependency-Neglect Representation. Added by Act 2023, No. 122,§ 36, eff. 7/1/2023.

The Department of Finance and Administration shall transfer funds as needed from the State Administration of Justice Fund to the State Central Services Fund in amounts as are required to reimburse the State Central Services Fund for a portion of the expenses of the Division of Dependency-Neglect Representation.

Added by Act 2023, No. 122,§ 36, eff. 7/1/2023.
Ark. Code Ann. § 9-4-106 — AR Code / Title 9 / Chapter 4 / Section 9-4-106
Program requirements
Status: in_force

Every shelter shall: (1) Develop and implement a written nondiscrimination policy to provide services without regard to race, religion, color, age, marital status, national origin, ancestry, or sexual preference; (2) Provide a facility that is open, accessible, and staffed by an advocate or a volunteer each day of the calendar year and twenty-four (24) hours each day; (3) Provide emergency housing and related supportive services in a safe, protective environment for victims of domestic abuse and their children; (4) (A) Provide a crisis telephone hotline that is answered by an advocate or a volunteer who meets the training requirements under this chapter each day of the calendar year and twenty-four (24) hours each day. (B) The crisis telephone hotline shall not be answered by an answering machine, answering service, or mobile telephone; (5) (A) Require all advocates and volunteers who provide direct services to victims to sign a written confidentiality agreement that prohibits the release of the following: (i) The names or other personal and identifying information about the victims who are served at the shelter; and (ii) The names or other personal and identifying information about the family or household members of the victims who are served at the shelter. (B) The confidentiality agreement shall not apply to advocates who testify in court. (C) The confidentiality agreement shall not prevent disclosure from federal grant review, audit, or reporting; (6) Develop and implement a written plan for outreach efforts to aid victims of domestic violence; (7) Provide peer support groups for victims; (8) Provide assistance and court advocacy for victims seeking orders of protection; and (9) Provide training and educational information on domestic violence for professionals, community organizations, and interested individuals. Acts 2003, No. 1276, § 1

Every shelter shall:

(1) Develop and implement a written nondiscrimination policy to provide services without regard to race, religion, color, age, marital status, national origin, ancestry, or sexual preference;

(2) Provide a facility that is open, accessible, and staffed by an advocate or a volunteer each day of the calendar year and twenty-four (24) hours each day;

(3) Provide emergency housing and related supportive services in a safe, protective environment for victims of domestic abuse and their children;

(4) (A) Provide a crisis telephone hotline that is answered by an advocate or a volunteer who meets the training requirements under this chapter each day of the calendar year and twenty-four (24) hours each day. (B) The crisis telephone hotline shall not be answered by an answering machine, answering service, or mobile telephone;

(A) Provide a crisis telephone hotline that is answered by an advocate or a volunteer who meets the training requirements under this chapter each day of the calendar year and twenty-four (24) hours each day.

(B) The crisis telephone hotline shall not be answered by an answering machine, answering service, or mobile telephone;

(5) (A) Require all advocates and volunteers who provide direct services to victims to sign a written confidentiality agreement that prohibits the release of the following: (i) The names or other personal and identifying information about the victims who are served at the shelter; and (ii) The names or other personal and identifying information about the family or household members of the victims who are served at the shelter. (B) The confidentiality agreement shall not apply to advocates who testify in court. (C) The confidentiality agreement shall not prevent disclosure from federal grant review, audit, or reporting;

(A) Require all advocates and volunteers who provide direct services to victims to sign a written confidentiality agreement that prohibits the release of the following: (i) The names or other personal and identifying information about the victims who are served at the shelter; and (ii) The names or other personal and identifying information about the family or household members of the victims who are served at the shelter.

(i) The names or other personal and identifying information about the victims who are served at the shelter; and

(ii) The names or other personal and identifying information about the family or household members of the victims who are served at the shelter.

(B) The confidentiality agreement shall not apply to advocates who testify in court.

(C) The confidentiality agreement shall not prevent disclosure from federal grant review, audit, or reporting;

(6) Develop and implement a written plan for outreach efforts to aid victims of domestic violence;

(7) Provide peer support groups for victims;

(8) Provide assistance and court advocacy for victims seeking orders of protection; and

(9) Provide training and educational information on domestic violence for professionals, community organizations, and interested individuals.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-20-104 — AR Code / Title 9 / Chapter 20 / Section 9-20-104
Spiritual treatment alone not abusive
Status: in_force

Nothing in this chapter implies that an endangered adult or impaired adult who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner thereof is for this reason alone an endangered adult or an impaired adult. Acts 2005, No. 1811, § 1

Nothing in this chapter implies that an endangered adult or impaired adult who is being furnished with treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner thereof is for this reason alone an endangered adult or an impaired adult.

Acts 2005, No. 1811, § 1
Ark. Code Ann. § 9-27-357 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-357
Deoxyribonucleic acid samples
Status: in_force

(a) A person who is adjudicated delinquent for the following offenses shall have a deoxyribonucleic acid sample drawn: (1) Rape, § 5-14-103 ; (2) Sexual assault in the first degree, § 5-14-124 ; (3) Sexual assault in the second degree, § 5-14-125 ; (4) Incest, § 5-26-202 ; (5) Capital murder, § 5-10-101 ; (6) Murder in the first degree, § 5-10-102 ; (7) Murder in the second degree, § 5-10-103 ; (8) Kidnapping, § 5-11-102 ; (9) Aggravated robbery, § 5-12-103 ; (10) Terroristic act, § 5-13-310 ; and (11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony. (b) The court shall order a fine of two hundred fifty dollars ($250) unless the court finds that the fine would cause an undue hardship. (c) (1) Only a juvenile adjudicated delinquent for one (1) of the offenses listed in subsection (a) of this section shall have a deoxyribonucleic acid sample drawn upon intake at a juvenile detention facility or intake at a Division of Youth Services facility. (2) If the juvenile is not placed in a facility, the juvenile probation officer to whom the juvenile is assigned shall ensure that the deoxyribonucleic acid sample is drawn. (d) All deoxyribonucleic acid samples taken under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory. Amended by Act 2019, No. 315,§ 720, eff. 7/24/2019. Amended by Act 2017, No. 367,§ 9, eff. 8/1/2017 Amended by Act 2015, No. 1084,§ 1, eff. 7/22/2015 Acts 2003, No. 1265, § 5[4]

(a) A person who is adjudicated delinquent for the following offenses shall have a deoxyribonucleic acid sample drawn: (1) Rape, § 5-14-103 ; (2) Sexual assault in the first degree, § 5-14-124 ; (3) Sexual assault in the second degree, § 5-14-125 ; (4) Incest, § 5-26-202 ; (5) Capital murder, § 5-10-101 ; (6) Murder in the first degree, § 5-10-102 ; (7) Murder in the second degree, § 5-10-103 ; (8) Kidnapping, § 5-11-102 ; (9) Aggravated robbery, § 5-12-103 ; (10) Terroristic act, § 5-13-310 ; and (11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(1) Rape, § 5-14-103 ;

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

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

(4) Incest, § 5-26-202 ;

(5) Capital murder, § 5-10-101 ;

(6) Murder in the first degree, § 5-10-102 ;

(7) Murder in the second degree, § 5-10-103 ;

(8) Kidnapping, § 5-11-102 ;

(9) Aggravated robbery, § 5-12-103 ;

(10) Terroristic act, § 5-13-310 ; and

(11) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony.

(b) The court shall order a fine of two hundred fifty dollars ($250) unless the court finds that the fine would cause an undue hardship.

(c) (1) Only a juvenile adjudicated delinquent for one (1) of the offenses listed in subsection (a) of this section shall have a deoxyribonucleic acid sample drawn upon intake at a juvenile detention facility or intake at a Division of Youth Services facility. (2) If the juvenile is not placed in a facility, the juvenile probation officer to whom the juvenile is assigned shall ensure that the deoxyribonucleic acid sample is drawn.

(1) Only a juvenile adjudicated delinquent for one (1) of the offenses listed in subsection (a) of this section shall have a deoxyribonucleic acid sample drawn upon intake at a juvenile detention facility or intake at a Division of Youth Services facility.

(2) If the juvenile is not placed in a facility, the juvenile probation officer to whom the juvenile is assigned shall ensure that the deoxyribonucleic acid sample is drawn.

(d) All deoxyribonucleic acid samples taken under this section shall be taken in accordance with rules promulgated by the State Crime Laboratory.

Amended by Act 2019, No. 315,§ 720, eff. 7/24/2019.

Amended by Act 2017, No. 367,§ 9, eff. 8/1/2017

Amended by Act 2015, No. 1084,§ 1, eff. 7/22/2015

Acts 2003, No. 1265, § 5[4]
Ark. Code Ann. § 9-28-209 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-209
Commitment conditions and terms
Status: in_force

(a) (1) Upon commitment to the Division of Youth Services, a youth shall be delivered to the observation and assessment center for orientation, classification, diagnosis, and evaluation. (2) Upon completion of such orientation, classification, diagnosis, and evaluation, the staff of the observation and assessment center shall make recommendations to the Director of the Division of Youth Services with respect to the placement of a youth. (b) Upon receipt of the recommendations, the director shall determine whether a youth shall be placed in a youth services center or facility or any program operated by the Department of Human Services. (c) (1) If the division determines that a youth shall be retained in any of the facilities or programs, it shall consider the youth's physical condition, mental attitude and capacity, prognosis for successful rehabilitation, and such other criteria as the division shall establish in order to place the youth in the most appropriate facility or program as determined by the division. (2) If the division determines that a youth is not suited for placement in a youth services center or facility, it shall report its findings to the committing court along with information regarding the placement of the youth. (d) The division has the authority to move a youth at any time within its system of youth services centers or facilities and community-based programs or within the department's programs or facilities. Acts 1995, No. 1261, § 9; 1995, No. 1335, § 5

(a) (1) Upon commitment to the Division of Youth Services, a youth shall be delivered to the observation and assessment center for orientation, classification, diagnosis, and evaluation. (2) Upon completion of such orientation, classification, diagnosis, and evaluation, the staff of the observation and assessment center shall make recommendations to the Director of the Division of Youth Services with respect to the placement of a youth.

(1) Upon commitment to the Division of Youth Services, a youth shall be delivered to the observation and assessment center for orientation, classification, diagnosis, and evaluation.

(2) Upon completion of such orientation, classification, diagnosis, and evaluation, the staff of the observation and assessment center shall make recommendations to the Director of the Division of Youth Services with respect to the placement of a youth.

(b) Upon receipt of the recommendations, the director shall determine whether a youth shall be placed in a youth services center or facility or any program operated by the Department of Human Services.

(c) (1) If the division determines that a youth shall be retained in any of the facilities or programs, it shall consider the youth's physical condition, mental attitude and capacity, prognosis for successful rehabilitation, and such other criteria as the division shall establish in order to place the youth in the most appropriate facility or program as determined by the division. (2) If the division determines that a youth is not suited for placement in a youth services center or facility, it shall report its findings to the committing court along with information regarding the placement of the youth.

(1) If the division determines that a youth shall be retained in any of the facilities or programs, it shall consider the youth's physical condition, mental attitude and capacity, prognosis for successful rehabilitation, and such other criteria as the division shall establish in order to place the youth in the most appropriate facility or program as determined by the division.

(2) If the division determines that a youth is not suited for placement in a youth services center or facility, it shall report its findings to the committing court along with information regarding the placement of the youth.

(d) The division has the authority to move a youth at any time within its system of youth services centers or facilities and community-based programs or within the department's programs or facilities.

Acts 1995, No. 1261, § 9; 1995, No. 1335, § 5
Ark. Code Ann. § 9-9-406 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-406
Records confidential
Status: in_force

All records regarding subsidized adoption shall be confidential and may be opened for inspection only under the provisions of § 9-9-217 . Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133

All records regarding subsidized adoption shall be confidential and may be opened for inspection only under the provisions of § 9-9-217 .

Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133
Ark. Code Ann. § 9-14-230 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-230
Decree as lien on real property
Status: in_force

(a) (1) (A) Any decree, judgment, or order that contains a provision for 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 become a lien upon all real property, not otherwise exempt by the Arkansas Constitution, owned by the noncustodial parent or that the noncustodial parent may afterwards, or before the lien expires, acquire. (B) Such lien originating in another state shall be accorded full faith and credit as if such lien originated in the State of Arkansas. (2) The decree, judgment, or order shall become a lien as each support installment becomes due and remains unpaid. (3) The decree, judgment, or order shall not become a lien for any sum or sums prior to the date they severally become due or payable. (b) (1) The decree, judgment, or order shall be recorded in the judgment records of the county of the circuit court issuing the order in the same manner as other judgments as provided by law. (2) Upon receipt of a certified copy of the decree, order, or judgment, the circuit clerk of any other county within the State of Arkansas shall record the certified copy, which shall become a lien against real estate located in that county owned or thereafter acquired by the noncustodial parent. (3) When recording the decree, judgment, or order in a county other than the county of the circuit court issuing the order, a certified copy of the support payment record from the registry of the court noting all payments made since August 1, 1985, or from the date of the entry of the support order to the present, shall accompany the decree, judgment, or order. (4) If a certified copy of the payment record does not accompany the decree, order, or judgment, the lien shall be for only the amount of payments that become due and remain unpaid subsequent to the date of recording in the county other than the county of the circuit court issuing the order. (c) (1) The lien against real property created in this section shall be prioritized by the date it is created as set forth in subsection (b) of this section as would any other encumbrance under state law. (2) It is the intent of the General Assembly that the lien created under this section does not relate back in time to the filing date of the decree, judgment, or order from which it arose but shall become viable only at such time as a support payment becomes due and remains unpaid. (3) A lien created under this section may be satisfied through foreclosure and execution under the same procedure as otherwise provided by state law. (d) (1) (A) A certificate of the noncustodial parent sworn under penalty of perjury that all amounts and installments owed have been fully paid prior to the date of the certificate, when acknowledged before a notary public and accompanied by a certified copy of the support record since August 1, 1985, or the date of entry of the order, whichever is most recent in time, shall be prima facie proof of full payment of support owed and conclusive in favor of any person dealing in good faith and for a valuable consideration with the noncustodial parent. (B) In the event of a legal disability of a noncustodial parent, the certificate of the personal representative of the noncustodial parent shall have the same effect. (C) The certificate shall be sufficient to clear the lien against real property created under this section. (2) (A) A noncustodial parent who makes a false material statement, knowing it to be false, in executing the certificate as provided in this section shall be subject to the criminal penalty for perjury. (B) The certificate as provided in this section shall be considered a statement under oath in an official proceeding for purposes of criminal prosecutions. (3) The criminal prosecution provided for in this subsection shall not be exclusive and shall not supersede the rights that the custodial parent may have to pursue civil remedies against the noncustodial parent. (e) (1) The lien created under this section may be cancelled or discharged upon full satisfaction. (2) The lien is satisfied in full when the decree or order so finds or directs or, in the absence of such a decree or order, when all children covered under the order reach majority or are otherwise emancipated or die and all arrearages accruing under the decree, order, or judgment are paid in full according to the payment records of the court or by sworn affidavit of the person to whom support was paid. (f) Notwithstanding other statutes in conflict with this section, the liens authorized by this subchapter shall continue in full force for three (3) years from the date when all children covered under the order reach majority or are emancipated or die without necessity or limitation of revivor under § 16-65-117 or § 16-65-501 . Acts 1985, No. 989, § 2; 1986 (2nd Ex. Sess.), No. 13, § 1; A.S.A. 1947, § 34-1220; Acts 1997, No. 1296, § 28

(a) (1) (A) Any decree, judgment, or order that contains a provision for 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 become a lien upon all real property, not otherwise exempt by the Arkansas Constitution, owned by the noncustodial parent or that the noncustodial parent may afterwards, or before the lien expires, acquire. (B) Such lien originating in another state shall be accorded full faith and credit as if such lien originated in the State of Arkansas. (2) The decree, judgment, or order shall become a lien as each support installment becomes due and remains unpaid. (3) The decree, judgment, or order shall not become a lien for any sum or sums prior to the date they severally become due or payable.

(1) (A) Any decree, judgment, or order that contains a provision for 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 become a lien upon all real property, not otherwise exempt by the Arkansas Constitution, owned by the noncustodial parent or that the noncustodial parent may afterwards, or before the lien expires, acquire. (B) Such lien originating in another state shall be accorded full faith and credit as if such lien originated in the State of Arkansas.

(A) Any decree, judgment, or order that contains a provision for 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 become a lien upon all real property, not otherwise exempt by the Arkansas Constitution, owned by the noncustodial parent or that the noncustodial parent may afterwards, or before the lien expires, acquire.

(B) Such lien originating in another state shall be accorded full faith and credit as if such lien originated in the State of Arkansas.

(2) The decree, judgment, or order shall become a lien as each support installment becomes due and remains unpaid.

(3) The decree, judgment, or order shall not become a lien for any sum or sums prior to the date they severally become due or payable.

(b) (1) The decree, judgment, or order shall be recorded in the judgment records of the county of the circuit court issuing the order in the same manner as other judgments as provided by law. (2) Upon receipt of a certified copy of the decree, order, or judgment, the circuit clerk of any other county within the State of Arkansas shall record the certified copy, which shall become a lien against real estate located in that county owned or thereafter acquired by the noncustodial parent. (3) When recording the decree, judgment, or order in a county other than the county of the circuit court issuing the order, a certified copy of the support payment record from the registry of the court noting all payments made since August 1, 1985, or from the date of the entry of the support order to the present, shall accompany the decree, judgment, or order. (4) If a certified copy of the payment record does not accompany the decree, order, or judgment, the lien shall be for only the amount of payments that become due and remain unpaid subsequent to the date of recording in the county other than the county of the circuit court issuing the order.

(1) The decree, judgment, or order shall be recorded in the judgment records of the county of the circuit court issuing the order in the same manner as other judgments as provided by law.

(2) Upon receipt of a certified copy of the decree, order, or judgment, the circuit clerk of any other county within the State of Arkansas shall record the certified copy, which shall become a lien against real estate located in that county owned or thereafter acquired by the noncustodial parent.

(3) When recording the decree, judgment, or order in a county other than the county of the circuit court issuing the order, a certified copy of the support payment record from the registry of the court noting all payments made since August 1, 1985, or from the date of the entry of the support order to the present, shall accompany the decree, judgment, or order.

(4) If a certified copy of the payment record does not accompany the decree, order, or judgment, the lien shall be for only the amount of payments that become due and remain unpaid subsequent to the date of recording in the county other than the county of the circuit court issuing the order.

(c) (1) The lien against real property created in this section shall be prioritized by the date it is created as set forth in subsection (b) of this section as would any other encumbrance under state law. (2) It is the intent of the General Assembly that the lien created under this section does not relate back in time to the filing date of the decree, judgment, or order from which it arose but shall become viable only at such time as a support payment becomes due and remains unpaid. (3) A lien created under this section may be satisfied through foreclosure and execution under the same procedure as otherwise provided by state law.

(1) The lien against real property created in this section shall be prioritized by the date it is created as set forth in subsection (b) of this section as would any other encumbrance under state law.

(2) It is the intent of the General Assembly that the lien created under this section does not relate back in time to the filing date of the decree, judgment, or order from which it arose but shall become viable only at such time as a support payment becomes due and remains unpaid.

(3) A lien created under this section may be satisfied through foreclosure and execution under the same procedure as otherwise provided by state law.

(d) (1) (A) A certificate of the noncustodial parent sworn under penalty of perjury that all amounts and installments owed have been fully paid prior to the date of the certificate, when acknowledged before a notary public and accompanied by a certified copy of the support record since August 1, 1985, or the date of entry of the order, whichever is most recent in time, shall be prima facie proof of full payment of support owed and conclusive in favor of any person dealing in good faith and for a valuable consideration with the noncustodial parent. (B) In the event of a legal disability of a noncustodial parent, the certificate of the personal representative of the noncustodial parent shall have the same effect. (C) The certificate shall be sufficient to clear the lien against real property created under this section. (2) (A) A noncustodial parent who makes a false material statement, knowing it to be false, in executing the certificate as provided in this section shall be subject to the criminal penalty for perjury. (B) The certificate as provided in this section shall be considered a statement under oath in an official proceeding for purposes of criminal prosecutions. (3) The criminal prosecution provided for in this subsection shall not be exclusive and shall not supersede the rights that the custodial parent may have to pursue civil remedies against the noncustodial parent.

(1) (A) A certificate of the noncustodial parent sworn under penalty of perjury that all amounts and installments owed have been fully paid prior to the date of the certificate, when acknowledged before a notary public and accompanied by a certified copy of the support record since August 1, 1985, or the date of entry of the order, whichever is most recent in time, shall be prima facie proof of full payment of support owed and conclusive in favor of any person dealing in good faith and for a valuable consideration with the noncustodial parent. (B) In the event of a legal disability of a noncustodial parent, the certificate of the personal representative of the noncustodial parent shall have the same effect. (C) The certificate shall be sufficient to clear the lien against real property created under this section.

(A) A certificate of the noncustodial parent sworn under penalty of perjury that all amounts and installments owed have been fully paid prior to the date of the certificate, when acknowledged before a notary public and accompanied by a certified copy of the support record since August 1, 1985, or the date of entry of the order, whichever is most recent in time, shall be prima facie proof of full payment of support owed and conclusive in favor of any person dealing in good faith and for a valuable consideration with the noncustodial parent.

(B) In the event of a legal disability of a noncustodial parent, the certificate of the personal representative of the noncustodial parent shall have the same effect.

(C) The certificate shall be sufficient to clear the lien against real property created under this section.

(2) (A) A noncustodial parent who makes a false material statement, knowing it to be false, in executing the certificate as provided in this section shall be subject to the criminal penalty for perjury. (B) The certificate as provided in this section shall be considered a statement under oath in an official proceeding for purposes of criminal prosecutions.

(A) A noncustodial parent who makes a false material statement, knowing it to be false, in executing the certificate as provided in this section shall be subject to the criminal penalty for perjury.

(B) The certificate as provided in this section shall be considered a statement under oath in an official proceeding for purposes of criminal prosecutions.

(3) The criminal prosecution provided for in this subsection shall not be exclusive and shall not supersede the rights that the custodial parent may have to pursue civil remedies against the noncustodial parent.

(e) (1) The lien created under this section may be cancelled or discharged upon full satisfaction. (2) The lien is satisfied in full when the decree or order so finds or directs or, in the absence of such a decree or order, when all children covered under the order reach majority or are otherwise emancipated or die and all arrearages accruing under the decree, order, or judgment are paid in full according to the payment records of the court or by sworn affidavit of the person to whom support was paid.

(1) The lien created under this section may be cancelled or discharged upon full satisfaction.

(2) The lien is satisfied in full when the decree or order so finds or directs or, in the absence of such a decree or order, when all children covered under the order reach majority or are otherwise emancipated or die and all arrearages accruing under the decree, order, or judgment are paid in full according to the payment records of the court or by sworn affidavit of the person to whom support was paid.

(f) Notwithstanding other statutes in conflict with this section, the liens authorized by this subchapter shall continue in full force for three (3) years from the date when all children covered under the order reach majority or are emancipated or die without necessity or limitation of revivor under § 16-65-117 or § 16-65-501 .

Acts 1985, No. 989, § 2; 1986 (2nd Ex. Sess.), No. 13, § 1; A.S.A. 1947, § 34-1220; Acts 1997, No. 1296, § 28
Ark. Code Ann. § 9-27-351 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-351
Escape considered an act of delinquency
Status: in_force

The escape of a juvenile from the locked portion of a juvenile facility is an act of delinquency. Acts 1979, No. 815, § 6; A.S.A. 1947, § 45-452

The escape of a juvenile from the locked portion of a juvenile facility is an act of delinquency.

Acts 1979, No. 815, § 6; A.S.A. 1947, § 45-452
Ark. Code Ann. § 9-9-201 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-201
Short title
Status: in_force

This subchapter may be cited as the "Revised Uniform Adoption Act". Acts 1977, No. 735, § 1; A.S.A. 1947, § 56-201

This subchapter may be cited as the "Revised Uniform Adoption Act".

Acts 1977, No. 735, § 1; A.S.A. 1947, § 56-201
Ark. Code Ann. § 9-12-202 — AR Code / Title 9 / Chapter 12 / Subchapter 2 / Section 9-12-202
Proceedings for annulment to be in equity - Venue
Status: in_force

(a) The action shall be by equitable proceedings in the county where the complainant or complainants reside. (b) The process may be directed in the first instance to any county in the state where the defendant may then reside or be found. Pope's Dig., § 9021A, as added by Acts 1947, No. 168, § 1; A.S.A. 1947, § 55-107

(a) The action shall be by equitable proceedings in the county where the complainant or complainants reside.

(b) The process may be directed in the first instance to any county in the state where the defendant may then reside or be found.

Pope's Dig., § 9021A, as added by Acts 1947, No. 168, § 1; A.S.A. 1947, § 55-107
Ark. Code Ann. § 9-26-211 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-211
Validity and effect of transfer
Status: in_force

(a) The validity of a transfer made in a manner prescribed in this subchapter shall not be affected by: (1) failure of the transferor to comply with § 9-26-209(c) concerning possession and control; (2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under § 9-26-209(a) ; or (3) death or incapacity of a person nominated under § 9-26-203 or designated under § 9-26-209 as custodian or the disclaimer of the office by that person. (b) A transfer made pursuant to § 9-26-209 shall be irrevocable, and the custodial property shall be indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this subchapter, and neither the minor nor the minor's legal representative shall have any right, power, duty, or authority with respect to the custodial property except as provided in this subchapter. (c) By making a transfer, the transferor shall incorporate in the disposition all the provisions of this subchapter and shall grant to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this subchapter. Acts 1985, No. 476, § 11; A.S.A. 1947, § 50-944

(a) The validity of a transfer made in a manner prescribed in this subchapter shall not be affected by: (1) failure of the transferor to comply with § 9-26-209(c) concerning possession and control; (2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under § 9-26-209(a) ; or (3) death or incapacity of a person nominated under § 9-26-203 or designated under § 9-26-209 as custodian or the disclaimer of the office by that person.

(1) failure of the transferor to comply with § 9-26-209(c) concerning possession and control;

(2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under § 9-26-209(a) ; or

(3) death or incapacity of a person nominated under § 9-26-203 or designated under § 9-26-209 as custodian or the disclaimer of the office by that person.

(b) A transfer made pursuant to § 9-26-209 shall be irrevocable, and the custodial property shall be indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this subchapter, and neither the minor nor the minor's legal representative shall have any right, power, duty, or authority with respect to the custodial property except as provided in this subchapter.

(c) By making a transfer, the transferor shall incorporate in the disposition all the provisions of this subchapter and shall grant to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this subchapter.

Acts 1985, No. 476, § 11; A.S.A. 1947, § 50-944
Ark. Code Ann. § 9-14-237 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-237
Expiration of child support obligation
Status: in_force

(a) (1) Unless a court order for child support specifically extends child support after these circumstances, a payor parent's duty to pay child support for a child shall automatically terminate by operation of law: (A) When the child reaches eighteen (18) years of age unless the child is still attending high school; (B) If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches nineteen (19) years of age, whichever is earlier; (C) When the child: (i) Is emancipated by a court of competent jurisdiction; (ii) Marries; or (iii) Dies; (D) Upon the marriage of the parents of the child to each other; or (E) Upon the entry of a final decree of adoption or an interlocutory decree of adoption that has become final under the Revised Uniform Adoption Act, § 9-9-201 et seq., and thereby relieves the payor parent of all parental rights and responsibilities. (2) However, any unpaid child support obligations owed under a judgment or in arrearage pursuant to a child support order shall be satisfied pursuant to § 9-14-235 . (b) (1) If the payor parent has additional child support obligations after the duty to pay support for a child terminates, then either the payor parent, payee parent, physical custodian, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, within thirty (30) days subsequent to the expiration of the ten-day period allowed for the notification as provided in subdivision (b)(5) of this section, may file a motion with a court of competent jurisdiction requesting that the court determine the amount of the child support obligation for the remaining children. (2) The remaining obligations, subsequent to the expiration of the thirty-day period contained in subdivision (b)(1) of this section, shall be adjusted by operation of law to an amount to be determined by using the most recent version of the family support chart pursuant to § 9-12-312(a)(3) for any remaining children for whom an obligation for child support exists. (3) If the most recent child support order either was entered before the adoption of revised Administrative Order No. 10 by the Supreme Court on April 2, 2020, and the remaining obligations cannot be adjusted by operation of law without both parents' income, or the support amount, as indicated by the most recent child support order, deviated from the family support chart, then the issue of the amount of the payor parent's child support obligation shall be decided by a court of competent jurisdiction. (4) (A) In the event a review is requested, the court shall apply the family support chart for the remaining number of children from the date of the termination of the duty, subject to any changed circumstances, which shall be noted in writing by the court. (B) Deviation from the family support chart shall be noted in the court order or on the record, as appropriate. (5) (A) The payor parent shall provide written notification of the termination of the duty of support to the payee parent, the physical custodian, the clerk of the court responsible for receipt of the child support payments, the payor parent's employer, if income withholding is in effect, and the office, if applicable, within ten (10) days of the termination of the duty of support. (B) The payor parent shall enclose with the written notification of termination a copy of the most recent child support order. (C) The notification shall state the name and age of each child for whom the obligation to pay child support has ceased and the name and age of children set out in prior terminations of child support made pursuant to this subsection. (c) No statute of limitations shall apply to an action brought for the collection of a child support obligation of arrearage against any party who leaves or remains outside the State of Arkansas with the purpose to avoid the payment of child support. Amended by Act 2021, No. 927,§ 13, eff. 7/28/2021. Acts 1993, No. 326, § 1; 1999, No. 1075, § 1; 2003, No. 1020, § 7; 2007, No. 337, § 1; 2009, No. 635, § 1

(a) (1) Unless a court order for child support specifically extends child support after these circumstances, a payor parent's duty to pay child support for a child shall automatically terminate by operation of law: (A) When the child reaches eighteen (18) years of age unless the child is still attending high school; (B) If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches nineteen (19) years of age, whichever is earlier; (C) When the child: (i) Is emancipated by a court of competent jurisdiction; (ii) Marries; or (iii) Dies; (D) Upon the marriage of the parents of the child to each other; or (E) Upon the entry of a final decree of adoption or an interlocutory decree of adoption that has become final under the Revised Uniform Adoption Act, § 9-9-201 et seq., and thereby relieves the payor parent of all parental rights and responsibilities. (2) However, any unpaid child support obligations owed under a judgment or in arrearage pursuant to a child support order shall be satisfied pursuant to § 9-14-235 .

(1) Unless a court order for child support specifically extends child support after these circumstances, a payor parent's duty to pay child support for a child shall automatically terminate by operation of law: (A) When the child reaches eighteen (18) years of age unless the child is still attending high school; (B) If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches nineteen (19) years of age, whichever is earlier; (C) When the child: (i) Is emancipated by a court of competent jurisdiction; (ii) Marries; or (iii) Dies; (D) Upon the marriage of the parents of the child to each other; or (E) Upon the entry of a final decree of adoption or an interlocutory decree of adoption that has become final under the Revised Uniform Adoption Act, § 9-9-201 et seq., and thereby relieves the payor parent of all parental rights and responsibilities.

(A) When the child reaches eighteen (18) years of age unless the child is still attending high school;

(B) If the child is still attending high school, upon the child's high school graduation or the end of the school year after the child reaches nineteen (19) years of age, whichever is earlier;

(C) When the child: (i) Is emancipated by a court of competent jurisdiction; (ii) Marries; or (iii) Dies;

(i) Is emancipated by a court of competent jurisdiction;

(ii) Marries; or

(iii) Dies;

(D) Upon the marriage of the parents of the child to each other; or

(E) Upon the entry of a final decree of adoption or an interlocutory decree of adoption that has become final under the Revised Uniform Adoption Act, § 9-9-201 et seq., and thereby relieves the payor parent of all parental rights and responsibilities.

(2) However, any unpaid child support obligations owed under a judgment or in arrearage pursuant to a child support order shall be satisfied pursuant to § 9-14-235 .

(b) (1) If the payor parent has additional child support obligations after the duty to pay support for a child terminates, then either the payor parent, payee parent, physical custodian, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, within thirty (30) days subsequent to the expiration of the ten-day period allowed for the notification as provided in subdivision (b)(5) of this section, may file a motion with a court of competent jurisdiction requesting that the court determine the amount of the child support obligation for the remaining children. (2) The remaining obligations, subsequent to the expiration of the thirty-day period contained in subdivision (b)(1) of this section, shall be adjusted by operation of law to an amount to be determined by using the most recent version of the family support chart pursuant to § 9-12-312(a)(3) for any remaining children for whom an obligation for child support exists. (3) If the most recent child support order either was entered before the adoption of revised Administrative Order No. 10 by the Supreme Court on April 2, 2020, and the remaining obligations cannot be adjusted by operation of law without both parents' income, or the support amount, as indicated by the most recent child support order, deviated from the family support chart, then the issue of the amount of the payor parent's child support obligation shall be decided by a court of competent jurisdiction. (4) (A) In the event a review is requested, the court shall apply the family support chart for the remaining number of children from the date of the termination of the duty, subject to any changed circumstances, which shall be noted in writing by the court. (B) Deviation from the family support chart shall be noted in the court order or on the record, as appropriate. (5) (A) The payor parent shall provide written notification of the termination of the duty of support to the payee parent, the physical custodian, the clerk of the court responsible for receipt of the child support payments, the payor parent's employer, if income withholding is in effect, and the office, if applicable, within ten (10) days of the termination of the duty of support. (B) The payor parent shall enclose with the written notification of termination a copy of the most recent child support order. (C) The notification shall state the name and age of each child for whom the obligation to pay child support has ceased and the name and age of children set out in prior terminations of child support made pursuant to this subsection.

(1) If the payor parent has additional child support obligations after the duty to pay support for a child terminates, then either the payor parent, payee parent, physical custodian, or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, within thirty (30) days subsequent to the expiration of the ten-day period allowed for the notification as provided in subdivision (b)(5) of this section, may file a motion with a court of competent jurisdiction requesting that the court determine the amount of the child support obligation for the remaining children.

(2) The remaining obligations, subsequent to the expiration of the thirty-day period contained in subdivision (b)(1) of this section, shall be adjusted by operation of law to an amount to be determined by using the most recent version of the family support chart pursuant to § 9-12-312(a)(3) for any remaining children for whom an obligation for child support exists.

(3) If the most recent child support order either was entered before the adoption of revised Administrative Order No. 10 by the Supreme Court on April 2, 2020, and the remaining obligations cannot be adjusted by operation of law without both parents' income, or the support amount, as indicated by the most recent child support order, deviated from the family support chart, then the issue of the amount of the payor parent's child support obligation shall be decided by a court of competent jurisdiction.

(4) (A) In the event a review is requested, the court shall apply the family support chart for the remaining number of children from the date of the termination of the duty, subject to any changed circumstances, which shall be noted in writing by the court. (B) Deviation from the family support chart shall be noted in the court order or on the record, as appropriate.

(A) In the event a review is requested, the court shall apply the family support chart for the remaining number of children from the date of the termination of the duty, subject to any changed circumstances, which shall be noted in writing by the court.

(B) Deviation from the family support chart shall be noted in the court order or on the record, as appropriate.

(5) (A) The payor parent shall provide written notification of the termination of the duty of support to the payee parent, the physical custodian, the clerk of the court responsible for receipt of the child support payments, the payor parent's employer, if income withholding is in effect, and the office, if applicable, within ten (10) days of the termination of the duty of support. (B) The payor parent shall enclose with the written notification of termination a copy of the most recent child support order. (C) The notification shall state the name and age of each child for whom the obligation to pay child support has ceased and the name and age of children set out in prior terminations of child support made pursuant to this subsection.

(A) The payor parent shall provide written notification of the termination of the duty of support to the payee parent, the physical custodian, the clerk of the court responsible for receipt of the child support payments, the payor parent's employer, if income withholding is in effect, and the office, if applicable, within ten (10) days of the termination of the duty of support.

(B) The payor parent shall enclose with the written notification of termination a copy of the most recent child support order.

(C) The notification shall state the name and age of each child for whom the obligation to pay child support has ceased and the name and age of children set out in prior terminations of child support made pursuant to this subsection.

(c) No statute of limitations shall apply to an action brought for the collection of a child support obligation of arrearage against any party who leaves or remains outside the State of Arkansas with the purpose to avoid the payment of child support.

Amended by Act 2021, No. 927,§ 13, eff. 7/28/2021.

Acts 1993, No. 326, § 1; 1999, No. 1075, § 1; 2003, No. 1020, § 7; 2007, No. 337, § 1; 2009, No. 635, § 1
Ark. Code Ann. § 9-10-111 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-111
Judgment for child support - Bond
Status: in_force

(a) (1) If it is found by the circuit court that the accused is the father of the child and, if claimed by the mother, the circuit court or circuit judge shall give judgment for a monthly sum of not less than ten dollars ($10.00) per month for every month from three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, until the child attains eighteen (18) years of age, except as provided in subdivision (a)(2) of this section. (2) If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age. (b) (1) The court shall further order that the father enter into bond to the State of Arkansas in the penal sum of five hundred dollars ($500), with good and sufficient security. (2) The bond shall be void if the person or his executors or administrators indemnify each county in this state from all costs and expenses for the maintenance or otherwise of the child while under eighteen (18) years of age and for the payment of the monthly payments that may be adjudged as provided in subsection (a) of this section. (3) Bonds shall be approved by the circuit judge and an entry made on the record of the conditions and the securities thereon. (c) If the person refuses or neglects to enter into bond with security as provided in this section, the circuit judge shall commit him to the jail of the county, there to remain until he complies with the order or until he is otherwise discharged according to law. Amended by Act 2023, No. 623,§ 1, eff. 8/1/2023. Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., §§ 777, 778; Acts 1927, No. 111, § 1; Pope's Dig., §§ 933, 934; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, §§ 34-706, 34-707

(a) (1) If it is found by the circuit court that the accused is the father of the child and, if claimed by the mother, the circuit court or circuit judge shall give judgment for a monthly sum of not less than ten dollars ($10.00) per month for every month from three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, until the child attains eighteen (18) years of age, except as provided in subdivision (a)(2) of this section. (2) If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age.

(1) If it is found by the circuit court that the accused is the father of the child and, if claimed by the mother, the circuit court or circuit judge shall give judgment for a monthly sum of not less than ten dollars ($10.00) per month for every month from three (3) years before the date that the petition, complaint, or other initial pleading was filed or from the birth of the child, if the child is less than three (3) years of age, until the child attains eighteen (18) years of age, except as provided in subdivision (a)(2) of this section.

(2) If the parent ordered to pay support was not served with the petition, complaint, or other initial pleading under Rule 4 of the Arkansas Rules of Civil Procedure and the court finds that the parent was not intentionally evading service, the child support order shall be effective no earlier than three (3) years before the date of service or from the birth of the child, if the child is less than three (3) years of age.

(b) (1) The court shall further order that the father enter into bond to the State of Arkansas in the penal sum of five hundred dollars ($500), with good and sufficient security. (2) The bond shall be void if the person or his executors or administrators indemnify each county in this state from all costs and expenses for the maintenance or otherwise of the child while under eighteen (18) years of age and for the payment of the monthly payments that may be adjudged as provided in subsection (a) of this section. (3) Bonds shall be approved by the circuit judge and an entry made on the record of the conditions and the securities thereon.

(1) The court shall further order that the father enter into bond to the State of Arkansas in the penal sum of five hundred dollars ($500), with good and sufficient security.

(2) The bond shall be void if the person or his executors or administrators indemnify each county in this state from all costs and expenses for the maintenance or otherwise of the child while under eighteen (18) years of age and for the payment of the monthly payments that may be adjudged as provided in subsection (a) of this section.

(3) Bonds shall be approved by the circuit judge and an entry made on the record of the conditions and the securities thereon.

(c) If the person refuses or neglects to enter into bond with security as provided in this section, the circuit judge shall commit him to the jail of the county, there to remain until he complies with the order or until he is otherwise discharged according to law.

Amended by Act 2023, No. 623,§ 1, eff. 8/1/2023.

Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., §§ 777, 778; Acts 1927, No. 111, § 1; Pope's Dig., §§ 933, 934; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, §§ 34-706, 34-707
Ark. Code Ann. § 9-27-701 — AR Code / Title 9 / Chapter 27 / Subchapter 7 / Section 9-27-701
Legislative intent
Status: in_force

It is the intent of the General Assembly to provide for representation for parents of a minor who is the subject of a dependency-neglect case in the juvenile division of circuit court. Added by Act 2017, No. 861,§ 6, eff. 8/1/2017

It is the intent of the General Assembly to provide for representation for parents of a minor who is the subject of a dependency-neglect case in the juvenile division of circuit court.

Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Ark. Code Ann. § 9-10-113 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-113
Custody of child born outside of marriage
Status: in_force

(a) When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches eighteen (18) years of age unless a court of competent jurisdiction enters an order placing the child in the custody of another party. (b) A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the circuit court in the county where the child resides for custody of the child. (c) The court may award custody to the biological father upon a showing that: (1) He is a fit parent to raise the child; (2) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and (3) It is in the best interest of the child to award custody to the biological father. (d) When in the best interest of a child, visitation shall be awarded in a way that assures the frequent and continuing contact of the child with the mother and the biological father. Acts 1981, No. 665, § 1; A.S.A. 1947, § 34-718; Acts 1987, No. 488, § 1; 1987, No. 667, § 1; 2003, No. 1185, § 13; 2007, No. 654, § 1

(a) When a child is born to an unmarried woman, legal custody of that child shall be in the woman giving birth to the child until the child reaches eighteen (18) years of age unless a court of competent jurisdiction enters an order placing the child in the custody of another party.

(b) A biological father, provided he has established paternity in a court of competent jurisdiction, may petition the circuit court in the county where the child resides for custody of the child.

(c) The court may award custody to the biological father upon a showing that: (1) He is a fit parent to raise the child; (2) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and (3) It is in the best interest of the child to award custody to the biological father.

(1) He is a fit parent to raise the child;

(2) He has assumed his responsibilities toward the child by providing care, supervision, protection, and financial support for the child; and

(3) It is in the best interest of the child to award custody to the biological father.

(d) When in the best interest of a child, visitation shall be awarded in a way that assures the frequent and continuing contact of the child with the mother and the biological father.

Acts 1981, No. 665, § 1; A.S.A. 1947, § 34-718; Acts 1987, No. 488, § 1; 1987, No. 667, § 1; 2003, No. 1185, § 13; 2007, No. 654, § 1
Ark. Code Ann. § 9-4-107 — AR Code / Title 9 / Chapter 4 / Section 9-4-107
Fiscal requirements
Status: in_force

Every shelter 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, 26 U.S.C. § 501(c)(3) , and that has the primary purpose of providing services to victims of domestic abuse or domestic violence; (2) Be governed by a board of directors; (3) Develop and implement written personnel policies that state the shelter's employment practices; (4) Develop and implement written procedures that conform with the uniform system of recordkeeping developed by the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee to ensure proper handling of funds; and (5) Provide the commission or its designee with statistical data that states the following: (A) The type of services provided by the shelter; and (B) The number of victims and children served each year. Acts 2003, No. 1276, § 1

Every shelter 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, 26 U.S.C. § 501(c)(3) , and that has the primary purpose of providing services to victims of domestic abuse or domestic violence;

(2) Be governed by a board of directors;

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

(4) Develop and implement written procedures that conform with the uniform system of recordkeeping developed by the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee to ensure proper handling of funds; and

(5) Provide the commission or its designee with statistical data that states the following: (A) The type of services provided by the shelter; and (B) The number of victims and children served each year.

(A) The type of services provided by the shelter; and

(B) The number of victims and children served each year.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-29-301 — AR Code / Title 9 / Chapter 29 / Subchapter 3 / Section 9-29-301
Interstate Compact on Adoption and Medical Assistance
Status: in_force

SECTION 1 It is the purpose and policy of the party states to cooperate with each other to assure that adoptive children for whom federally funded medical adoption assistance is desirable and necessary shall continue to receive such adoption assistance, including medical and other necessary services, when the adoptive parents move to other states or are residents of another state. SECTION 2 Definitions As used in this compact, unless the context clearly requires a different construction: (a) "Child with special needs" means a minor who has not yet attained the age of eighteen (18) years where the State of Arkansas has determined that the child's mental or physical handicaps warrant the continuation of assistance pursuant to Title IV-E of the Social Security Act, for whom the following has been determined: (1) That the child cannot or should not be returned to the home of his parents; (2) That the child is a member of a minority or sibling group or other specific factors exist such as ethnic background, age, medical condition, or physical, mental, or emotional handicap because of which it is reasonable to conclude that such a child cannot be placed with adoptive parents without providing adoption assistance; (3) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful effort to place the child with appropriate adoptive parents without providing adoption assistance payments. (b) "Adoption assistance" means the payment or payments are made for maintenance of a child, which payment or payments are made or committed to be made pursuant to the Adoption Assistance Program established by the laws of the party state. (c) "State" means a state in the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, or territory or possession of the United States. (d) "Adoptions assistance state" means the state that is signatory to an adoption assistance agreement in a particular case. (e) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents. (f) "Parents" means either the singular or plural of the word "parent". SECTION 4 Medical Assistance (a) Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided, or until the child reaches the age of eighteen (18) years, whichever comes first. Upon application therefor, the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement, the adoptive parents shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the resident state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance. (b) The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact, shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance program of the adoption assistance state shall be notified of the identification issuance. (c) A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process, and pay medical assistance claims thereon as on any other medical assistance to which its residents may be eligible or entitled. (d) An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact. (e) A child whose residence is changed from one (1) party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state medical assistance. SECTION 5 Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one (1) year after it is given in accordance with the requirements of this paragraph. In the event any state withdraws from this compact, all adoption assistance agreements outstanding and to which a party state is signatory shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreement involved shall continue to have all rights and obligations conferred or imposed by this compact and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby. SECTION 6 The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, persons, or circumstances held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. SECTION 7 All laws and parts of laws in conflict herewith are hereby repealed. Acts 1985, No. 928, §§ 1, 2, 4-7; A.S.A. 1947, §§ 56-301 -- 56-305

SECTION 1 It is the purpose and policy of the party states to cooperate with each other to assure that adoptive children for whom federally funded medical adoption assistance is desirable and necessary shall continue to receive such adoption assistance, including medical and other necessary services, when the adoptive parents move to other states or are residents of another state.

SECTION 2 Definitions As used in this compact, unless the context clearly requires a different construction: (a) "Child with special needs" means a minor who has not yet attained the age of eighteen (18) years where the State of Arkansas has determined that the child's mental or physical handicaps warrant the continuation of assistance pursuant to Title IV-E of the Social Security Act, for whom the following has been determined: (1) That the child cannot or should not be returned to the home of his parents; (2) That the child is a member of a minority or sibling group or other specific factors exist such as ethnic background, age, medical condition, or physical, mental, or emotional handicap because of which it is reasonable to conclude that such a child cannot be placed with adoptive parents without providing adoption assistance; (3) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful effort to place the child with appropriate adoptive parents without providing adoption assistance payments. (b) "Adoption assistance" means the payment or payments are made for maintenance of a child, which payment or payments are made or committed to be made pursuant to the Adoption Assistance Program established by the laws of the party state. (c) "State" means a state in the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, or territory or possession of the United States. (d) "Adoptions assistance state" means the state that is signatory to an adoption assistance agreement in a particular case. (e) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents. (f) "Parents" means either the singular or plural of the word "parent".

As used in this compact, unless the context clearly requires a different construction:

(a) "Child with special needs" means a minor who has not yet attained the age of eighteen (18) years where the State of Arkansas has determined that the child's mental or physical handicaps warrant the continuation of assistance pursuant to Title IV-E of the Social Security Act, for whom the following has been determined: (1) That the child cannot or should not be returned to the home of his parents; (2) That the child is a member of a minority or sibling group or other specific factors exist such as ethnic background, age, medical condition, or physical, mental, or emotional handicap because of which it is reasonable to conclude that such a child cannot be placed with adoptive parents without providing adoption assistance; (3) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful effort to place the child with appropriate adoptive parents without providing adoption assistance payments.

(1) That the child cannot or should not be returned to the home of his parents;

(2) That the child is a member of a minority or sibling group or other specific factors exist such as ethnic background, age, medical condition, or physical, mental, or emotional handicap because of which it is reasonable to conclude that such a child cannot be placed with adoptive parents without providing adoption assistance;

(3) That, except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful effort to place the child with appropriate adoptive parents without providing adoption assistance payments.

(b) "Adoption assistance" means the payment or payments are made for maintenance of a child, which payment or payments are made or committed to be made pursuant to the Adoption Assistance Program established by the laws of the party state.

(c) "State" means a state in the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, or territory or possession of the United States.

(d) "Adoptions assistance state" means the state that is signatory to an adoption assistance agreement in a particular case.

(e) "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.

(f) "Parents" means either the singular or plural of the word "parent".

SECTION 4 Medical Assistance (a) Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided, or until the child reaches the age of eighteen (18) years, whichever comes first. Upon application therefor, the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement, the adoptive parents shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the resident state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance. (b) The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact, shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance program of the adoption assistance state shall be notified of the identification issuance. (c) A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process, and pay medical assistance claims thereon as on any other medical assistance to which its residents may be eligible or entitled. (d) An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact. (e) A child whose residence is changed from one (1) party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state medical assistance.

(a) Children for whom a party state is committed in accordance with the terms of an adoption assistance agreement to make adoption assistance payments are eligible for medical assistance during the entire period for which such payments are to be provided, or until the child reaches the age of eighteen (18) years, whichever comes first. Upon application therefor, the adoptive parents of a child on whose behalf a party state's duly constituted authorities have entered into an adoption assistance agreement, the adoptive parents shall receive a medical assistance identification made out in the child's name. The identification shall be issued by the medical assistance program of the resident state and shall entitle the child to the same benefits, pursuant to the same procedures, as any other child who is a resident of the state and covered by medical assistance, whether or not the adoptive parents are eligible for medical assistance.

(b) The identification shall bear no indication that an adoption assistance agreement with another state is the basis for issuance. However, if the identification is issued on account of an outstanding adoption assistance agreement to which another state is a signatory, the records of the issuing state and the adoption assistance state shall show the fact, shall contain a copy of the adoption assistance agreement and any amendment or replacement therefor, and all other pertinent information. The adoption assistance and medical assistance program of the adoption assistance state shall be notified of the identification issuance.

(c) A state which has issued a medical assistance identification pursuant to this compact, which identification is valid and currently in force, shall accept, process, and pay medical assistance claims thereon as on any other medical assistance to which its residents may be eligible or entitled.

(d) An adoption assistance state which provides medical services or benefits to children covered by its adoption assistance agreements, which services or benefits are not provided for those children under the medical assistance program of the residence state, may enter into cooperative arrangements with the residence state to facilitate the delivery and administration of such services and benefits. However, any such arrangements shall not be inconsistent with this compact nor shall they relieve the residence state of any obligation to provide medical assistance in accordance with its laws and this compact.

(e) A child whose residence is changed from one (1) party state to another party state shall be eligible for medical assistance under the medical assistance program of the new state medical assistance.

SECTION 5 Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one (1) year after it is given in accordance with the requirements of this paragraph. In the event any state withdraws from this compact, all adoption assistance agreements outstanding and to which a party state is signatory shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreement involved shall continue to have all rights and obligations conferred or imposed by this compact and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.

Withdrawal from this compact shall be by written notice sent by the authority which executed it to the appropriate officials of all other party states, but no such notice shall take effect until one (1) year after it is given in accordance with the requirements of this paragraph. In the event any state withdraws from this compact, all adoption assistance agreements outstanding and to which a party state is signatory shall continue to have the effects given to them pursuant to this compact, until they expire or are terminated in accordance with their provisions. Until such expiration or termination, all beneficiaries of the agreement involved shall continue to have all rights and obligations conferred or imposed by this compact and the withdrawing state shall continue to administer the compact to the extent necessary to accord and implement fully the rights and protections preserved hereby.

SECTION 6 The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, persons, or circumstances held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, persons, or circumstances held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

SECTION 7 All laws and parts of laws in conflict herewith are hereby repealed.

All laws and parts of laws in conflict herewith are hereby repealed.

Acts 1985, No. 928, §§ 1, 2, 4-7; A.S.A. 1947, §§ 56-301 -- 56-305