Ark. Code Ann. § 9-20-123 — AR Code / Title 9 / Chapter 20 / Section 9-20-123
Rights of relatives
Status: in_force

(a) (1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103(6) and (10) respectively, the relative may file a petition for reasonable visitation with the endangered adult or the impaired adult in a court with jurisdiction over proceedings under this chapter that concern the endangered adult or the impaired adult. (2) A petition for reasonable visitation filed under this section shall be verified and state: (A) Whether the petitioner is a relative as defined under § 9-20-103 ; (B) Whether the department is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult; (C) Whether the department is the custodian of the endangered adult or the impaired adult; and (D) The facts supporting the petitioner's allegation that the department as custodian of the endangered or the impaired adult is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult. (3) (A) A petition for reasonable visitation filed under this section shall be served on all parties to a custody proceeding that is initiated under this chapter and concerns the endangered adult or the impaired adult who is the subject of the petition for reasonable visitation. (B) A relative who files a petition for reasonable visitation under this section is not a party to a custody proceeding described under subdivision (a)(3)(A) of this section. (b) (1) (A) If an endangered adult or an impaired adult objects to visitation with the petitioner, the petitioner shall prove by a preponderance of the evidence that the endangered adult or the impaired adult was unduly influenced by the department or another person. (B) The court shall not find undue influence on the part of the department or another person if the attorney for the endangered adult or the impaired adult confirms that the endangered adult or the impaired adult objects to visitation with the petitioner. (2) If an endangered adult or an impaired adult consents to visitation with the petitioner, does not object to visitation with the petitioner, or is unable to express his or her consent or objection to visitation with the petitioner, the department shall prove one (1) or more of the following conditions by a preponderance of the evidence in order to overcome the presumption that visitation between the petitioner and the endangered adult or the impaired adult is in the best interest of the endangered adult or the impaired adult: (A) The petitioner physically abused, exploited, neglected, sexually abused, or otherwise maltreated the endangered adult, the impaired adult, or another adult; or (B) Visitation between the petitioner and the endangered adult or the impaired adult would be harmful to the mental health or physical well-being of the endangered adult or the impaired adult. (c) (1) An order issued by the court granting or denying a petition for reasonable visitation filed under this section shall include statements of fact and law supporting the court's order. (2) If the court grants the petition for reasonable visitation, then: (A) The court may impose reasonable restrictions on visitation between the petitioner and the endangered adult or the impaired adult; (B) The petitioner shall be responsible for paying costs associated with the visitation, including, but not limited to, transportation and supervision costs; (C) Visitation shall not occur in a manner that negatively impacts the medical or treatment needs of the endangered adult or the impaired adult; (D) Visitation shall occur at the placement location of the endangered adult or the impaired adult; (E) Visitation shall be subject to the rules of the facility in which the endangered adult or the impaired adult is placed; and (F) The court may impose on the department the cost of filing the petition for reasonable visitation and reasonable attorney's fees incurred by the petitioner as a result of the department's opposing the petition if the department: (i) Is the custodian of the endangered adult or the impaired adult; (ii) Unreasonably interfered with or denied visitation between the petitioner and the endangered adult or the impaired adult; and (iii) Opposed visitation between the petitioner and the endangered adult or the impaired adult in bad faith. (3) If the court denies the petition for reasonable visitation, the: (A) Petitioner may file another petition for reasonable visitation no earlier than one (1) year after the date on which the court enters the order denying visitation if there is a material change in circumstances; and (B) Court may impose on the petitioner the costs of opposing the petition, including without limitation the costs for subpoenas, witness fees, and reasonable attorney's fees incurred by the department. (d) The court shall not impose costs on: (1) A person or entity that in good faith interfered with or denied visitation at the direction of the department; or (2) The endangered adult or the impaired adult. Added by Act 2017, No. 667,§ 2, eff. 8/1/2017

(a) (1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103(6) and (10) respectively, the relative may file a petition for reasonable visitation with the endangered adult or the impaired adult in a court with jurisdiction over proceedings under this chapter that concern the endangered adult or the impaired adult. (2) A petition for reasonable visitation filed under this section shall be verified and state: (A) Whether the petitioner is a relative as defined under § 9-20-103 ; (B) Whether the department is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult; (C) Whether the department is the custodian of the endangered adult or the impaired adult; and (D) The facts supporting the petitioner's allegation that the department as custodian of the endangered or the impaired adult is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult. (3) (A) A petition for reasonable visitation filed under this section shall be served on all parties to a custody proceeding that is initiated under this chapter and concerns the endangered adult or the impaired adult who is the subject of the petition for reasonable visitation. (B) A relative who files a petition for reasonable visitation under this section is not a party to a custody proceeding described under subdivision (a)(3)(A) of this section.

(1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103(6) and (10) respectively, the relative may file a petition for reasonable visitation with the endangered adult or the impaired adult in a court with jurisdiction over proceedings under this chapter that concern the endangered adult or the impaired adult.

(2) A petition for reasonable visitation filed under this section shall be verified and state: (A) Whether the petitioner is a relative as defined under § 9-20-103 ; (B) Whether the department is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult; (C) Whether the department is the custodian of the endangered adult or the impaired adult; and (D) The facts supporting the petitioner's allegation that the department as custodian of the endangered or the impaired adult is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult.

(A) Whether the petitioner is a relative as defined under § 9-20-103 ;

(B) Whether the department is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult;

(C) Whether the department is the custodian of the endangered adult or the impaired adult; and

(D) The facts supporting the petitioner's allegation that the department as custodian of the endangered or the impaired adult is unreasonably interfering with or denying visitation between the petitioner and the endangered adult or the impaired adult.

(3) (A) A petition for reasonable visitation filed under this section shall be served on all parties to a custody proceeding that is initiated under this chapter and concerns the endangered adult or the impaired adult who is the subject of the petition for reasonable visitation. (B) A relative who files a petition for reasonable visitation under this section is not a party to a custody proceeding described under subdivision (a)(3)(A) of this section.

(A) A petition for reasonable visitation filed under this section shall be served on all parties to a custody proceeding that is initiated under this chapter and concerns the endangered adult or the impaired adult who is the subject of the petition for reasonable visitation.

(B) A relative who files a petition for reasonable visitation under this section is not a party to a custody proceeding described under subdivision (a)(3)(A) of this section.

(b) (1) (A) If an endangered adult or an impaired adult objects to visitation with the petitioner, the petitioner shall prove by a preponderance of the evidence that the endangered adult or the impaired adult was unduly influenced by the department or another person. (B) The court shall not find undue influence on the part of the department or another person if the attorney for the endangered adult or the impaired adult confirms that the endangered adult or the impaired adult objects to visitation with the petitioner. (2) If an endangered adult or an impaired adult consents to visitation with the petitioner, does not object to visitation with the petitioner, or is unable to express his or her consent or objection to visitation with the petitioner, the department shall prove one (1) or more of the following conditions by a preponderance of the evidence in order to overcome the presumption that visitation between the petitioner and the endangered adult or the impaired adult is in the best interest of the endangered adult or the impaired adult: (A) The petitioner physically abused, exploited, neglected, sexually abused, or otherwise maltreated the endangered adult, the impaired adult, or another adult; or (B) Visitation between the petitioner and the endangered adult or the impaired adult would be harmful to the mental health or physical well-being of the endangered adult or the impaired adult.

(1) (A) If an endangered adult or an impaired adult objects to visitation with the petitioner, the petitioner shall prove by a preponderance of the evidence that the endangered adult or the impaired adult was unduly influenced by the department or another person. (B) The court shall not find undue influence on the part of the department or another person if the attorney for the endangered adult or the impaired adult confirms that the endangered adult or the impaired adult objects to visitation with the petitioner.

(A) If an endangered adult or an impaired adult objects to visitation with the petitioner, the petitioner shall prove by a preponderance of the evidence that the endangered adult or the impaired adult was unduly influenced by the department or another person.

(B) The court shall not find undue influence on the part of the department or another person if the attorney for the endangered adult or the impaired adult confirms that the endangered adult or the impaired adult objects to visitation with the petitioner.

(2) If an endangered adult or an impaired adult consents to visitation with the petitioner, does not object to visitation with the petitioner, or is unable to express his or her consent or objection to visitation with the petitioner, the department shall prove one (1) or more of the following conditions by a preponderance of the evidence in order to overcome the presumption that visitation between the petitioner and the endangered adult or the impaired adult is in the best interest of the endangered adult or the impaired adult: (A) The petitioner physically abused, exploited, neglected, sexually abused, or otherwise maltreated the endangered adult, the impaired adult, or another adult; or (B) Visitation between the petitioner and the endangered adult or the impaired adult would be harmful to the mental health or physical well-being of the endangered adult or the impaired adult.

(A) The petitioner physically abused, exploited, neglected, sexually abused, or otherwise maltreated the endangered adult, the impaired adult, or another adult; or

(B) Visitation between the petitioner and the endangered adult or the impaired adult would be harmful to the mental health or physical well-being of the endangered adult or the impaired adult.

(c) (1) An order issued by the court granting or denying a petition for reasonable visitation filed under this section shall include statements of fact and law supporting the court's order. (2) If the court grants the petition for reasonable visitation, then: (A) The court may impose reasonable restrictions on visitation between the petitioner and the endangered adult or the impaired adult; (B) The petitioner shall be responsible for paying costs associated with the visitation, including, but not limited to, transportation and supervision costs; (C) Visitation shall not occur in a manner that negatively impacts the medical or treatment needs of the endangered adult or the impaired adult; (D) Visitation shall occur at the placement location of the endangered adult or the impaired adult; (E) Visitation shall be subject to the rules of the facility in which the endangered adult or the impaired adult is placed; and (F) The court may impose on the department the cost of filing the petition for reasonable visitation and reasonable attorney's fees incurred by the petitioner as a result of the department's opposing the petition if the department: (i) Is the custodian of the endangered adult or the impaired adult; (ii) Unreasonably interfered with or denied visitation between the petitioner and the endangered adult or the impaired adult; and (iii) Opposed visitation between the petitioner and the endangered adult or the impaired adult in bad faith. (3) If the court denies the petition for reasonable visitation, the: (A) Petitioner may file another petition for reasonable visitation no earlier than one (1) year after the date on which the court enters the order denying visitation if there is a material change in circumstances; and (B) Court may impose on the petitioner the costs of opposing the petition, including without limitation the costs for subpoenas, witness fees, and reasonable attorney's fees incurred by the department.

(1) An order issued by the court granting or denying a petition for reasonable visitation filed under this section shall include statements of fact and law supporting the court's order.

(2) If the court grants the petition for reasonable visitation, then: (A) The court may impose reasonable restrictions on visitation between the petitioner and the endangered adult or the impaired adult; (B) The petitioner shall be responsible for paying costs associated with the visitation, including, but not limited to, transportation and supervision costs; (C) Visitation shall not occur in a manner that negatively impacts the medical or treatment needs of the endangered adult or the impaired adult; (D) Visitation shall occur at the placement location of the endangered adult or the impaired adult; (E) Visitation shall be subject to the rules of the facility in which the endangered adult or the impaired adult is placed; and (F) The court may impose on the department the cost of filing the petition for reasonable visitation and reasonable attorney's fees incurred by the petitioner as a result of the department's opposing the petition if the department: (i) Is the custodian of the endangered adult or the impaired adult; (ii) Unreasonably interfered with or denied visitation between the petitioner and the endangered adult or the impaired adult; and (iii) Opposed visitation between the petitioner and the endangered adult or the impaired adult in bad faith.

(A) The court may impose reasonable restrictions on visitation between the petitioner and the endangered adult or the impaired adult;

(B) The petitioner shall be responsible for paying costs associated with the visitation, including, but not limited to, transportation and supervision costs;

(C) Visitation shall not occur in a manner that negatively impacts the medical or treatment needs of the endangered adult or the impaired adult;

(D) Visitation shall occur at the placement location of the endangered adult or the impaired adult;

(E) Visitation shall be subject to the rules of the facility in which the endangered adult or the impaired adult is placed; and

(F) The court may impose on the department the cost of filing the petition for reasonable visitation and reasonable attorney's fees incurred by the petitioner as a result of the department's opposing the petition if the department: (i) Is the custodian of the endangered adult or the impaired adult; (ii) Unreasonably interfered with or denied visitation between the petitioner and the endangered adult or the impaired adult; and (iii) Opposed visitation between the petitioner and the endangered adult or the impaired adult in bad faith.

(i) Is the custodian of the endangered adult or the impaired adult;

(ii) Unreasonably interfered with or denied visitation between the petitioner and the endangered adult or the impaired adult; and

(iii) Opposed visitation between the petitioner and the endangered adult or the impaired adult in bad faith.

(3) If the court denies the petition for reasonable visitation, the: (A) Petitioner may file another petition for reasonable visitation no earlier than one (1) year after the date on which the court enters the order denying visitation if there is a material change in circumstances; and (B) Court may impose on the petitioner the costs of opposing the petition, including without limitation the costs for subpoenas, witness fees, and reasonable attorney's fees incurred by the department.

(A) Petitioner may file another petition for reasonable visitation no earlier than one (1) year after the date on which the court enters the order denying visitation if there is a material change in circumstances; and

(B) Court may impose on the petitioner the costs of opposing the petition, including without limitation the costs for subpoenas, witness fees, and reasonable attorney's fees incurred by the department.

(d) The court shall not impose costs on: (1) A person or entity that in good faith interfered with or denied visitation at the direction of the department; or (2) The endangered adult or the impaired adult.

(1) A person or entity that in good faith interfered with or denied visitation at the direction of the department; or

(2) The endangered adult or the impaired adult.

Added by Act 2017, No. 667,§ 2, eff. 8/1/2017
Ark. Code Ann. § 9-6-109 — AR Code / Title 9 / Chapter 6 / Section 9-6-109
Right of entry
Status: in_force

A statewide domestic violence entity that receives a grant under this chapter shall have the right to enter and inspect the premises of a shelter receiving funds under this chapter and perform an annual evaluation or otherwise determine compliance with this chapter. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

A statewide domestic violence entity that receives a grant under this chapter shall have the right to enter and inspect the premises of a shelter receiving funds under this chapter and perform an annual evaluation or otherwise determine compliance with this chapter.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-27-332 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-332
Disposition - Family in need of services - Generally
Status: in_force

(a) If a family is found to be in need of services, the circuit court may enter an order making any of the following dispositions: (1) (A) To order family services to rehabilitate the juvenile and his or her family. (B) (i) If the Department of Human Services is the provider for family services, the family services shall be limited to those services available by the department's community-based providers or contractors, excluding the contractors with the Division of Children and Family Services and services of the department for which the family applies and is determined eligible. (ii) To prevent removal when the department is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal; (2) (A) If it is in the best interest of the juvenile, transfer custody of juvenile family members to another licensed agency responsible for the care of juveniles or to a relative or other individual. (B) If it is in the best interest of the juvenile and because of acts or omissions by the parent, guardian, or custodian, removal is necessary to protect the juvenile's health and safety, transfer custody to the department. (C) A juvenile in the custody of the department is "awaiting foster care placement", as that term is used in the definition of "homeless children and youths" in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2) , if the juvenile: (i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days; (ii) Is transferred to an emergency placement to protect the juvenile's health or welfare; (iii) Is placed in a provisional foster home as defined by § 9-28-402 ; (iv) Has experienced three (3) or more placements within a twelve-month period; or (v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111 ; (3) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-ordered parental responsibility training program, if available. (B) The court may make reasonable orders requiring proof of completion of such a training program within a certain time period and payment of a fee covering the cost of the training program; (4) Place the juvenile on residential detention with electronic monitoring in the juvenile's home; (5) Order the juvenile, his or her parent, both parents, or guardian to perform court-approved volunteer service in the community designed to contribute to the rehabilitation of the juvenile or the ability of the parent or guardian to provide proper parental care and supervision of the juvenile, not to exceed one hundred sixty (160) hours; (6) (A) Place the juvenile on supervision terms, including without limitation requiring the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section, requiring the juvenile to observe a curfew, and prohibiting the juvenile from possessing or using any alcohol or illegal drugs. (B) The supervision terms shall be in writing. (C) The supervision terms shall be given to the juvenile and explained to the juvenile and to his or her parent, guardian, or custodian by the juvenile intake or probation officer in a conference immediately following the disposition hearing; (7) (A) Order a fine not to exceed five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, a guardian, or a custodian when the juvenile exceeds the number of excessive unexcused absences provided in the student attendance policy of the district or the Career Education and Workforce Development Board. (B) The purpose of the penalty set forth in this section is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue. (C) (i) In all cases in which a fine is ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay for the fine. (ii) In making its determination, the court shall consider the following factors: (a) The financial ability of the parent, both parents, the guardian, or the custodian to pay for such services; (b) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (c) Any other factors that the court deems relevant. (D) When practicable and appropriate, the court may utilize mandatory attendance to such programs as well as community service requirements in lieu of a fine; (8) Assess a court cost of no more than thirty-five dollars ($35.00) to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian; and (9) Order a juvenile service fee not to exceed twenty dollars ($20.00) a month to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian. (b) The court may provide that any violation of its orders shall subject the parent, both parents, the juvenile, custodian, or guardian to contempt sanctions. Amended by Act 2019, No. 910,§ 2195, eff. 7/1/2019. Amended by Act 2015, No. 1115,§ 23, eff. 7/22/2015 Amended by Act 2015, No. 1094,§ 5, eff. 7/22/2015 Acts 1989, No. 273, § 31; 1995, No. 533, § 10; 1995, No. 779, § 3; 1995, No. 1335, § 2; 1995, No. 1337, § 6; 1997, No. 1118, § 4; 1999, No. 401, § 9; 1999, No. 1340, § 20; 2001, No. 1503, § 9; 2003, No. 1319, §§ 19, 20; 2003, No. 1809, § 9; 2005, No. 1990, § 12; 2007, No. 587, § 17

(a) If a family is found to be in need of services, the circuit court may enter an order making any of the following dispositions: (1) (A) To order family services to rehabilitate the juvenile and his or her family. (B) (i) If the Department of Human Services is the provider for family services, the family services shall be limited to those services available by the department's community-based providers or contractors, excluding the contractors with the Division of Children and Family Services and services of the department for which the family applies and is determined eligible. (ii) To prevent removal when the department is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal; (2) (A) If it is in the best interest of the juvenile, transfer custody of juvenile family members to another licensed agency responsible for the care of juveniles or to a relative or other individual. (B) If it is in the best interest of the juvenile and because of acts or omissions by the parent, guardian, or custodian, removal is necessary to protect the juvenile's health and safety, transfer custody to the department. (C) A juvenile in the custody of the department is "awaiting foster care placement", as that term is used in the definition of "homeless children and youths" in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2) , if the juvenile: (i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days; (ii) Is transferred to an emergency placement to protect the juvenile's health or welfare; (iii) Is placed in a provisional foster home as defined by § 9-28-402 ; (iv) Has experienced three (3) or more placements within a twelve-month period; or (v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111 ; (3) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-ordered parental responsibility training program, if available. (B) The court may make reasonable orders requiring proof of completion of such a training program within a certain time period and payment of a fee covering the cost of the training program; (4) Place the juvenile on residential detention with electronic monitoring in the juvenile's home; (5) Order the juvenile, his or her parent, both parents, or guardian to perform court-approved volunteer service in the community designed to contribute to the rehabilitation of the juvenile or the ability of the parent or guardian to provide proper parental care and supervision of the juvenile, not to exceed one hundred sixty (160) hours; (6) (A) Place the juvenile on supervision terms, including without limitation requiring the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section, requiring the juvenile to observe a curfew, and prohibiting the juvenile from possessing or using any alcohol or illegal drugs. (B) The supervision terms shall be in writing. (C) The supervision terms shall be given to the juvenile and explained to the juvenile and to his or her parent, guardian, or custodian by the juvenile intake or probation officer in a conference immediately following the disposition hearing; (7) (A) Order a fine not to exceed five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, a guardian, or a custodian when the juvenile exceeds the number of excessive unexcused absences provided in the student attendance policy of the district or the Career Education and Workforce Development Board. (B) The purpose of the penalty set forth in this section is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue. (C) (i) In all cases in which a fine is ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay for the fine. (ii) In making its determination, the court shall consider the following factors: (a) The financial ability of the parent, both parents, the guardian, or the custodian to pay for such services; (b) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (c) Any other factors that the court deems relevant. (D) When practicable and appropriate, the court may utilize mandatory attendance to such programs as well as community service requirements in lieu of a fine; (8) Assess a court cost of no more than thirty-five dollars ($35.00) to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian; and (9) Order a juvenile service fee not to exceed twenty dollars ($20.00) a month to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian.

(1) (A) To order family services to rehabilitate the juvenile and his or her family. (B) (i) If the Department of Human Services is the provider for family services, the family services shall be limited to those services available by the department's community-based providers or contractors, excluding the contractors with the Division of Children and Family Services and services of the department for which the family applies and is determined eligible. (ii) To prevent removal when the department is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal;

(A) To order family services to rehabilitate the juvenile and his or her family.

(B) (i) If the Department of Human Services is the provider for family services, the family services shall be limited to those services available by the department's community-based providers or contractors, excluding the contractors with the Division of Children and Family Services and services of the department for which the family applies and is determined eligible. (ii) To prevent removal when the department is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal;

(i) If the Department of Human Services is the provider for family services, the family services shall be limited to those services available by the department's community-based providers or contractors, excluding the contractors with the Division of Children and Family Services and services of the department for which the family applies and is determined eligible.

(ii) To prevent removal when the department is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal;

(2) (A) If it is in the best interest of the juvenile, transfer custody of juvenile family members to another licensed agency responsible for the care of juveniles or to a relative or other individual. (B) If it is in the best interest of the juvenile and because of acts or omissions by the parent, guardian, or custodian, removal is necessary to protect the juvenile's health and safety, transfer custody to the department. (C) A juvenile in the custody of the department is "awaiting foster care placement", as that term is used in the definition of "homeless children and youths" in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2) , if the juvenile: (i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days; (ii) Is transferred to an emergency placement to protect the juvenile's health or welfare; (iii) Is placed in a provisional foster home as defined by § 9-28-402 ; (iv) Has experienced three (3) or more placements within a twelve-month period; or (v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111 ;

(A) If it is in the best interest of the juvenile, transfer custody of juvenile family members to another licensed agency responsible for the care of juveniles or to a relative or other individual.

(B) If it is in the best interest of the juvenile and because of acts or omissions by the parent, guardian, or custodian, removal is necessary to protect the juvenile's health and safety, transfer custody to the department.

(C) A juvenile in the custody of the department is "awaiting foster care placement", as that term is used in the definition of "homeless children and youths" in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2) , if the juvenile: (i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days; (ii) Is transferred to an emergency placement to protect the juvenile's health or welfare; (iii) Is placed in a provisional foster home as defined by § 9-28-402 ; (iv) Has experienced three (3) or more placements within a twelve-month period; or (v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111 ;

(i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days;

(ii) Is transferred to an emergency placement to protect the juvenile's health or welfare;

(iii) Is placed in a provisional foster home as defined by § 9-28-402 ;

(iv) Has experienced three (3) or more placements within a twelve-month period; or

(v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111 ;

(3) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-ordered parental responsibility training program, if available. (B) The court may make reasonable orders requiring proof of completion of such a training program within a certain time period and payment of a fee covering the cost of the training program;

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

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

(4) Place the juvenile on residential detention with electronic monitoring in the juvenile's home;

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

(6) (A) Place the juvenile on supervision terms, including without limitation requiring the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section, requiring the juvenile to observe a curfew, and prohibiting the juvenile from possessing or using any alcohol or illegal drugs. (B) The supervision terms shall be in writing. (C) The supervision terms shall be given to the juvenile and explained to the juvenile and to his or her parent, guardian, or custodian by the juvenile intake or probation officer in a conference immediately following the disposition hearing;

(A) Place the juvenile on supervision terms, including without limitation requiring the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education Section, requiring the juvenile to observe a curfew, and prohibiting the juvenile from possessing or using any alcohol or illegal drugs.

(B) The supervision terms shall be in writing.

(C) The supervision terms shall be given to the juvenile and explained to the juvenile and to his or her parent, guardian, or custodian by the juvenile intake or probation officer in a conference immediately following the disposition hearing;

(7) (A) Order a fine not to exceed five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, a guardian, or a custodian when the juvenile exceeds the number of excessive unexcused absences provided in the student attendance policy of the district or the Career Education and Workforce Development Board. (B) The purpose of the penalty set forth in this section is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue. (C) (i) In all cases in which a fine is ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay for the fine. (ii) In making its determination, the court shall consider the following factors: (a) The financial ability of the parent, both parents, the guardian, or the custodian to pay for such services; (b) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (c) Any other factors that the court deems relevant. (D) When practicable and appropriate, the court may utilize mandatory attendance to such programs as well as community service requirements in lieu of a fine;

(A) Order a fine not to exceed five hundred dollars ($500) to be paid by the juvenile, a parent, both parents, a guardian, or a custodian when the juvenile exceeds the number of excessive unexcused absences provided in the student attendance policy of the district or the Career Education and Workforce Development Board.

(B) The purpose of the penalty set forth in this section is to impress upon the parents, guardians, or persons in loco parentis the importance of school or adult education attendance, and the penalty is not to be used primarily as a source of revenue.

(C) (i) In all cases in which a fine is ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay for the fine. (ii) In making its determination, the court shall consider the following factors: (a) The financial ability of the parent, both parents, the guardian, or the custodian to pay for such services; (b) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (c) Any other factors that the court deems relevant.

(i) In all cases in which a fine is ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay for the fine.

(ii) In making its determination, the court shall consider the following factors: (a) The financial ability of the parent, both parents, the guardian, or the custodian to pay for such services; (b) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and (c) Any other factors that the court deems relevant.

(a) The financial ability of the parent, both parents, the guardian, or the custodian to pay for such services;

(b) The past efforts of the parent, both parents, the guardian, or the custodian to correct the conditions that resulted in the need for family services; and

(c) Any other factors that the court deems relevant.

(D) When practicable and appropriate, the court may utilize mandatory attendance to such programs as well as community service requirements in lieu of a fine;

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

(9) Order a juvenile service fee not to exceed twenty dollars ($20.00) a month to be paid by the juvenile, his or her parent, both parents, the guardian, or the custodian.

(b) The court may provide that any violation of its orders shall subject the parent, both parents, the juvenile, custodian, or guardian to contempt sanctions.

Amended by Act 2019, No. 910,§ 2195, eff. 7/1/2019.

Amended by Act 2015, No. 1115,§ 23, eff. 7/22/2015

Amended by Act 2015, No. 1094,§ 5, eff. 7/22/2015

Acts 1989, No. 273, § 31; 1995, No. 533, § 10; 1995, No. 779, § 3; 1995, No. 1335, § 2; 1995, No. 1337, § 6; 1997, No. 1118, § 4; 1999, No. 401, § 9; 1999, No. 1340, § 20; 2001, No. 1503, § 9; 2003, No. 1319, §§ 19, 20; 2003, No. 1809, § 9; 2005, No. 1990, § 12; 2007, No. 587, § 17
Ark. Code Ann. § 9-28-210 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-210
Release
Status: in_force

(a) (1) In consideration of its juvenile correctional role, the Division of Youth Services shall establish objective guidelines for length of stay when juveniles are committed to the division. (2) Except when an extended juvenile jurisdiction offender or a juvenile committed to the division from circuit court is committed to the division, length-of-stay determinations shall be the exclusive responsibility of the division, and committed juveniles shall be reintegrated into society at a pace determined by the seriousness of the committing offense, aggravating or mitigating circumstances, community compatibility, and clinical prognosis. (3) When an extended juvenile jurisdiction offender has been committed to the division, the committing court shall have sole release authority. (4) (A) Upon determination that the juvenile has been rehabilitated, the division may petition the court for release. (B) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (i) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (ii) The nature of the offense or offenses and the manner in which they were committed; (iii) The recommendations of the professionals who have worked with the juvenile; (iv) The protection of public safety; and (v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (5) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety. (b) The division shall establish policies regarding the eligibility of juveniles for release consideration. (c) (1) Whenever the Director of the Division of Youth Services, upon examination of all information and recommendations provided, shall determine that release of a juvenile is in the interest of both the state and the juvenile, the division shall grant release or petition the committing court for release if the juvenile is an extended juvenile jurisdiction offender. (2) Except when an extended jurisdiction offender is committed to the division, release decisions shall be made by the director without the necessity of an application by or on behalf of a juvenile. (3) In determining whether the release of a juvenile is in the best interest of both the state and the juvenile, the division shall consider the circumstances of the committing offense, any recommendations of the committing judge, any recommendations of the probation officer of the committing court, the juvenile's previous delinquency record, the availability of community programs, and the stability of the juvenile's home environment. (d) (1) The committing court may recommend at any time that a juvenile be released from the custody of the division. (2) A recommendation for release shall be provided in writing to the division stating the reasons release is deemed in the best interest of the juvenile and society. (3) Except when an extended juvenile jurisdiction offender is committed to the division, a final decision to release shall be made by the division. (e) Upon release from the custody of the division, a juvenile shall remain under the jurisdiction of the committing court for an indeterminate period not to exceed two (2) years, except when an extended juvenile jurisdiction offender is committed to the division. Acts 1995, No. 1261, § 10; 1999, No. 1192, § 23

(a) (1) In consideration of its juvenile correctional role, the Division of Youth Services shall establish objective guidelines for length of stay when juveniles are committed to the division. (2) Except when an extended juvenile jurisdiction offender or a juvenile committed to the division from circuit court is committed to the division, length-of-stay determinations shall be the exclusive responsibility of the division, and committed juveniles shall be reintegrated into society at a pace determined by the seriousness of the committing offense, aggravating or mitigating circumstances, community compatibility, and clinical prognosis. (3) When an extended juvenile jurisdiction offender has been committed to the division, the committing court shall have sole release authority. (4) (A) Upon determination that the juvenile has been rehabilitated, the division may petition the court for release. (B) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (i) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (ii) The nature of the offense or offenses and the manner in which they were committed; (iii) The recommendations of the professionals who have worked with the juvenile; (iv) The protection of public safety; and (v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (5) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.

(1) In consideration of its juvenile correctional role, the Division of Youth Services shall establish objective guidelines for length of stay when juveniles are committed to the division.

(2) Except when an extended juvenile jurisdiction offender or a juvenile committed to the division from circuit court is committed to the division, length-of-stay determinations shall be the exclusive responsibility of the division, and committed juveniles shall be reintegrated into society at a pace determined by the seriousness of the committing offense, aggravating or mitigating circumstances, community compatibility, and clinical prognosis.

(3) When an extended juvenile jurisdiction offender has been committed to the division, the committing court shall have sole release authority.

(4) (A) Upon determination that the juvenile has been rehabilitated, the division may petition the court for release. (B) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (i) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (ii) The nature of the offense or offenses and the manner in which they were committed; (iii) The recommendations of the professionals who have worked with the juvenile; (iv) The protection of public safety; and (v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation.

(A) Upon determination that the juvenile has been rehabilitated, the division may petition the court for release.

(B) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (i) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (ii) The nature of the offense or offenses and the manner in which they were committed; (iii) The recommendations of the professionals who have worked with the juvenile; (iv) The protection of public safety; and (v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation.

(i) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders;

(ii) The nature of the offense or offenses and the manner in which they were committed;

(iii) The recommendations of the professionals who have worked with the juvenile;

(iv) The protection of public safety; and

(v) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation.

(5) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.

(b) The division shall establish policies regarding the eligibility of juveniles for release consideration.

(c) (1) Whenever the Director of the Division of Youth Services, upon examination of all information and recommendations provided, shall determine that release of a juvenile is in the interest of both the state and the juvenile, the division shall grant release or petition the committing court for release if the juvenile is an extended juvenile jurisdiction offender. (2) Except when an extended jurisdiction offender is committed to the division, release decisions shall be made by the director without the necessity of an application by or on behalf of a juvenile. (3) In determining whether the release of a juvenile is in the best interest of both the state and the juvenile, the division shall consider the circumstances of the committing offense, any recommendations of the committing judge, any recommendations of the probation officer of the committing court, the juvenile's previous delinquency record, the availability of community programs, and the stability of the juvenile's home environment.

(1) Whenever the Director of the Division of Youth Services, upon examination of all information and recommendations provided, shall determine that release of a juvenile is in the interest of both the state and the juvenile, the division shall grant release or petition the committing court for release if the juvenile is an extended juvenile jurisdiction offender.

(2) Except when an extended jurisdiction offender is committed to the division, release decisions shall be made by the director without the necessity of an application by or on behalf of a juvenile.

(3) In determining whether the release of a juvenile is in the best interest of both the state and the juvenile, the division shall consider the circumstances of the committing offense, any recommendations of the committing judge, any recommendations of the probation officer of the committing court, the juvenile's previous delinquency record, the availability of community programs, and the stability of the juvenile's home environment.

(d) (1) The committing court may recommend at any time that a juvenile be released from the custody of the division. (2) A recommendation for release shall be provided in writing to the division stating the reasons release is deemed in the best interest of the juvenile and society. (3) Except when an extended juvenile jurisdiction offender is committed to the division, a final decision to release shall be made by the division.

(1) The committing court may recommend at any time that a juvenile be released from the custody of the division.

(2) A recommendation for release shall be provided in writing to the division stating the reasons release is deemed in the best interest of the juvenile and society.

(3) Except when an extended juvenile jurisdiction offender is committed to the division, a final decision to release shall be made by the division.

(e) Upon release from the custody of the division, a juvenile shall remain under the jurisdiction of the committing court for an indeterminate period not to exceed two (2) years, except when an extended juvenile jurisdiction offender is committed to the division.

Acts 1995, No. 1261, § 10; 1999, No. 1192, § 23
Ark. Code Ann. § 9-14-210 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-210
Office of Child Support Enforcement - Employment of attorneys - Real party in interest - Scope of representation
Status: in_force

(a) The Department of Human Services or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, or both, shall employ attorneys to assist in the establishment and enforcement of support orders in the State of Arkansas. (b) An attorney employed by the Department of Human Services or the office, or both, or employed by a county, prosecuting attorney, or local child support enforcement unit pursuant to a cooperative agreement with the office shall undertake representation of the action instead of the prosecuting attorney in actions brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., under the Uniform Interstate Family Support Act, § 9-17-101 et seq. (c) An attorney employed under this subchapter, whether directly or by contract with the office, may be designated a special deputy prosecutor by the prosecuting attorney of that judicial district, for the limited purposes of prosecuting in a court of competent jurisdiction actions brought under § 5-26-401 or § 5-54-102 , in those cases proceeding under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq. However, nothing in this section shall be construed to entitle such attorneys to those rights, benefits, or privileges that accrue to a prosecuting attorney under any other provision of state law, except as set forth below: (1) (A) As a special deputy prosecutor, the attorney shall have the power to issue subpoenas in all matters being investigated by the office under § 5-26-401 or § 5-54-102 and may administer oaths for taking the testimony of witnesses subpoenaed before him or her. (B) Such oaths shall have the same effect as if administered by the foreperson of a grand jury. (C) The subpoena shall be substantially in the form set forth in § 16-43-212 ; (2) (A) Appointment as a special deputy prosecutor shall not entitle the attorney to receive any additional fees or salary from the state for services provided pursuant to the appointment. (B) Expenses of the special deputy prosecutor and any fees and costs incurred thereby in the prosecution of cases under § 5-26-401 or § 5-54-102 shall be the responsibility of the office under the Title IV-D program; (3) A special deputy prosecutor appointed and functioning as authorized under this section shall be entitled to the same immunity granted by law to the prosecuting attorney; and (4) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time. (d) The State of Arkansas is the real party in interest for purposes of establishing paternity, child support obligations, securing repayment of past-due support, and costs in actions brought to establish, modify, or enforce an order of support in any of the following circumstances: (1) Whenever a parent, putative father, or person to whom physical custody of a child has been relinquished or awarded is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq., and cooperation with child support services is required or when child support services continue to be provided under 45 C.F.R. § 302.33 as it existed on January 1, 2021; (2) Whenever a contract for child support services has been entered into for the establishment or enforcement of a child support obligation; (3) Whenever duties are imposed on the state in Title IV-D cases pursuant to the Uniform Interstate Family Support Act, § 9-17-101 et seq.; or (4) When a child is placed in the custody of the Department of Human Services and rights have been assigned under § 9-14-109 . (e) (1) In any action brought to establish paternity or to establish, enforce, or modify a child support obligation, the Department of Human Services or the office, or both, or their contractors, may employ attorneys. (2) An attorney employed under subdivision (e)(1) of this section shall represent the interests of the Department of Human Services or the office and does not represent the assignor of an interest set out in subsection (d) of this section. (3) Representation by the employed attorney shall not be construed as creating an attorney-client relationship between the attorney and the assignor of an interest set forth in subsection (d) of this section, or with any party or witness to the action, other than the Department of Human Services or the office, regardless of the name in which the action is brought. (f) (1) In any action brought by the Department of Human Services or the office, or both, or their contractors, to establish paternity or to establish, enforce, or modify a child support obligation, if another party pleads a claim relating to child custody or visitation, property division, divorce, or other claims not directly related to support, the office shall advise the parent receiving child support services, as set forth in subsection (d) of this section, of the need for separate legal counsel. (2) However, for the benefit of the court clerk, in any action brought by the Department of Human Services or the office, or both, or their contractors, pursuant to subsection (d) of this section, the name of the payee parent or physical custodian of the child shall be set out in the body of any petition filed and order entered in the matter. (g) It shall be unlawful for any person to use or disclose information concerning applicants for, or recipients of, child support enforcement services provided by the office under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., except for purposes in furtherance of child support activities, including the following: (1) Administration of the state plan for child support enforcement required under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., or administration of the Title IV-D program; (2) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any plan or program listed in subdivision (g)(1) of this section; (3) Administration of any federal program that provides assistance, in cash or in kind, or services directly to individuals based on need; (4) A report to the appropriate agency or official of information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child support enforcement service when circumstances indicate that the child's health or welfare is threatened; and (5) When authorized in writing by the custodial or noncustodial parent, child support payment records for use by attorneys and abstractors to facilitate the release or satisfaction of child support liens on real property. (h) The office may release information on the whereabouts of a party under the following conditions: (1) The party requesting the information is the noncustodial parent or the physical custodian who submits the request by affidavit that clearly states the reason the information is requested, and that sets out the unsuccessful attempts to acquire the information from other sources; (2) The party requesting the information shall submit the affidavit requesting the release of information to the office by first class mail; and (3) Within seven (7) days of receiving the request, the office shall notify the party whose whereabouts are subject to disclosure that a request for location information has been made and that the requested information will be provided within twenty (20) days of the date of the notice unless the office receives a copy of a court order that enjoins the disclosure or otherwise restricts the requesting party's rights to contact or visit the party or the children, or the party requests an administrative hearing to contest the disclosure. (i) (1) Whenever an administrative hearing is requested, the office shall not disclose the whereabouts of a party until the administrative hearing is held or completed. (2) If any reasonable evidence of domestic violence or child abuse is presented at the administrative hearing or by affidavit and the disclosure of the last known address or any identifying information could be harmful to a party or the child, the office shall not release the information. (j) It shall be unlawful to disclose to any committee or legislative body any information that identifies by name or address any applicant or recipient of Title IV-D child support enforcement services. (k) A release of information on the whereabouts of a party made in compliance with § 9-14-205 is a permissible release of information in connection with the administration of the Title IV-D program. (l) A release of payment information made in compliance with § 9-14-807 is a permissible release of information in connection with the administration of the Title IV-D program. (m) A violation of subsection (g), subsection (h), subsection (i), subsection (j), subsection (k), or subsection (l) of this section shall constitute a Class B misdemeanor. Amended by Act 2021, No. 927,§ 10, eff. 7/28/2021. Acts 1985, No. 989, § 26; A.S.A. 1947, § 34-1244; Acts 1993, No. 468, § 2; 1993, No. 927, § 1; 1995, No. 1181, § 1; 1995, No. 1184, §§ 10, 27; 1997, No. 1296, § 22; 2001, No. 1248, §§ 8-10; 2003, No. 1020, §§ 2-4; 2003, No. 1176, § 1

(a) The Department of Human Services or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, or both, shall employ attorneys to assist in the establishment and enforcement of support orders in the State of Arkansas.

(b) An attorney employed by the Department of Human Services or the office, or both, or employed by a county, prosecuting attorney, or local child support enforcement unit pursuant to a cooperative agreement with the office shall undertake representation of the action instead of the prosecuting attorney in actions brought pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., under the Uniform Interstate Family Support Act, § 9-17-101 et seq.

(c) An attorney employed under this subchapter, whether directly or by contract with the office, may be designated a special deputy prosecutor by the prosecuting attorney of that judicial district, for the limited purposes of prosecuting in a court of competent jurisdiction actions brought under § 5-26-401 or § 5-54-102 , in those cases proceeding under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq. However, nothing in this section shall be construed to entitle such attorneys to those rights, benefits, or privileges that accrue to a prosecuting attorney under any other provision of state law, except as set forth below: (1) (A) As a special deputy prosecutor, the attorney shall have the power to issue subpoenas in all matters being investigated by the office under § 5-26-401 or § 5-54-102 and may administer oaths for taking the testimony of witnesses subpoenaed before him or her. (B) Such oaths shall have the same effect as if administered by the foreperson of a grand jury. (C) The subpoena shall be substantially in the form set forth in § 16-43-212 ; (2) (A) Appointment as a special deputy prosecutor shall not entitle the attorney to receive any additional fees or salary from the state for services provided pursuant to the appointment. (B) Expenses of the special deputy prosecutor and any fees and costs incurred thereby in the prosecution of cases under § 5-26-401 or § 5-54-102 shall be the responsibility of the office under the Title IV-D program; (3) A special deputy prosecutor appointed and functioning as authorized under this section shall be entitled to the same immunity granted by law to the prosecuting attorney; and (4) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.

(1) (A) As a special deputy prosecutor, the attorney shall have the power to issue subpoenas in all matters being investigated by the office under § 5-26-401 or § 5-54-102 and may administer oaths for taking the testimony of witnesses subpoenaed before him or her. (B) Such oaths shall have the same effect as if administered by the foreperson of a grand jury. (C) The subpoena shall be substantially in the form set forth in § 16-43-212 ;

(A) As a special deputy prosecutor, the attorney shall have the power to issue subpoenas in all matters being investigated by the office under § 5-26-401 or § 5-54-102 and may administer oaths for taking the testimony of witnesses subpoenaed before him or her.

(B) Such oaths shall have the same effect as if administered by the foreperson of a grand jury.

(C) The subpoena shall be substantially in the form set forth in § 16-43-212 ;

(2) (A) Appointment as a special deputy prosecutor shall not entitle the attorney to receive any additional fees or salary from the state for services provided pursuant to the appointment. (B) Expenses of the special deputy prosecutor and any fees and costs incurred thereby in the prosecution of cases under § 5-26-401 or § 5-54-102 shall be the responsibility of the office under the Title IV-D program;

(A) Appointment as a special deputy prosecutor shall not entitle the attorney to receive any additional fees or salary from the state for services provided pursuant to the appointment.

(B) Expenses of the special deputy prosecutor and any fees and costs incurred thereby in the prosecution of cases under § 5-26-401 or § 5-54-102 shall be the responsibility of the office under the Title IV-D program;

(3) A special deputy prosecutor appointed and functioning as authorized under this section shall be entitled to the same immunity granted by law to the prosecuting attorney; and

(4) The prosecuting attorney may revoke the appointment of a special deputy prosecutor at any time.

(d) The State of Arkansas is the real party in interest for purposes of establishing paternity, child support obligations, securing repayment of past-due support, and costs in actions brought to establish, modify, or enforce an order of support in any of the following circumstances: (1) Whenever a parent, putative father, or person to whom physical custody of a child has been relinquished or awarded is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq., and cooperation with child support services is required or when child support services continue to be provided under 45 C.F.R. § 302.33 as it existed on January 1, 2021; (2) Whenever a contract for child support services has been entered into for the establishment or enforcement of a child support obligation; (3) Whenever duties are imposed on the state in Title IV-D cases pursuant to the Uniform Interstate Family Support Act, § 9-17-101 et seq.; or (4) When a child is placed in the custody of the Department of Human Services and rights have been assigned under § 9-14-109 .

(1) Whenever a parent, putative father, or person to whom physical custody of a child has been relinquished or awarded is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq., and cooperation with child support services is required or when child support services continue to be provided under 45 C.F.R. § 302.33 as it existed on January 1, 2021;

(2) Whenever a contract for child support services has been entered into for the establishment or enforcement of a child support obligation;

(3) Whenever duties are imposed on the state in Title IV-D cases pursuant to the Uniform Interstate Family Support Act, § 9-17-101 et seq.; or

(4) When a child is placed in the custody of the Department of Human Services and rights have been assigned under § 9-14-109 .

(e) (1) In any action brought to establish paternity or to establish, enforce, or modify a child support obligation, the Department of Human Services or the office, or both, or their contractors, may employ attorneys. (2) An attorney employed under subdivision (e)(1) of this section shall represent the interests of the Department of Human Services or the office and does not represent the assignor of an interest set out in subsection (d) of this section. (3) Representation by the employed attorney shall not be construed as creating an attorney-client relationship between the attorney and the assignor of an interest set forth in subsection (d) of this section, or with any party or witness to the action, other than the Department of Human Services or the office, regardless of the name in which the action is brought.

(1) In any action brought to establish paternity or to establish, enforce, or modify a child support obligation, the Department of Human Services or the office, or both, or their contractors, may employ attorneys.

(2) An attorney employed under subdivision (e)(1) of this section shall represent the interests of the Department of Human Services or the office and does not represent the assignor of an interest set out in subsection (d) of this section.

(3) Representation by the employed attorney shall not be construed as creating an attorney-client relationship between the attorney and the assignor of an interest set forth in subsection (d) of this section, or with any party or witness to the action, other than the Department of Human Services or the office, regardless of the name in which the action is brought.

(f) (1) In any action brought by the Department of Human Services or the office, or both, or their contractors, to establish paternity or to establish, enforce, or modify a child support obligation, if another party pleads a claim relating to child custody or visitation, property division, divorce, or other claims not directly related to support, the office shall advise the parent receiving child support services, as set forth in subsection (d) of this section, of the need for separate legal counsel. (2) However, for the benefit of the court clerk, in any action brought by the Department of Human Services or the office, or both, or their contractors, pursuant to subsection (d) of this section, the name of the payee parent or physical custodian of the child shall be set out in the body of any petition filed and order entered in the matter.

(1) In any action brought by the Department of Human Services or the office, or both, or their contractors, to establish paternity or to establish, enforce, or modify a child support obligation, if another party pleads a claim relating to child custody or visitation, property division, divorce, or other claims not directly related to support, the office shall advise the parent receiving child support services, as set forth in subsection (d) of this section, of the need for separate legal counsel.

(2) However, for the benefit of the court clerk, in any action brought by the Department of Human Services or the office, or both, or their contractors, pursuant to subsection (d) of this section, the name of the payee parent or physical custodian of the child shall be set out in the body of any petition filed and order entered in the matter.

(g) It shall be unlawful for any person to use or disclose information concerning applicants for, or recipients of, child support enforcement services provided by the office under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., except for purposes in furtherance of child support activities, including the following: (1) Administration of the state plan for child support enforcement required under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., or administration of the Title IV-D program; (2) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any plan or program listed in subdivision (g)(1) of this section; (3) Administration of any federal program that provides assistance, in cash or in kind, or services directly to individuals based on need; (4) A report to the appropriate agency or official of information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child support enforcement service when circumstances indicate that the child's health or welfare is threatened; and (5) When authorized in writing by the custodial or noncustodial parent, child support payment records for use by attorneys and abstractors to facilitate the release or satisfaction of child support liens on real property.

(1) Administration of the state plan for child support enforcement required under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., or administration of the Title IV-D program;

(2) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any plan or program listed in subdivision (g)(1) of this section;

(3) Administration of any federal program that provides assistance, in cash or in kind, or services directly to individuals based on need;

(4) A report to the appropriate agency or official of information on known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child support enforcement service when circumstances indicate that the child's health or welfare is threatened; and

(5) When authorized in writing by the custodial or noncustodial parent, child support payment records for use by attorneys and abstractors to facilitate the release or satisfaction of child support liens on real property.

(h) The office may release information on the whereabouts of a party under the following conditions: (1) The party requesting the information is the noncustodial parent or the physical custodian who submits the request by affidavit that clearly states the reason the information is requested, and that sets out the unsuccessful attempts to acquire the information from other sources; (2) The party requesting the information shall submit the affidavit requesting the release of information to the office by first class mail; and (3) Within seven (7) days of receiving the request, the office shall notify the party whose whereabouts are subject to disclosure that a request for location information has been made and that the requested information will be provided within twenty (20) days of the date of the notice unless the office receives a copy of a court order that enjoins the disclosure or otherwise restricts the requesting party's rights to contact or visit the party or the children, or the party requests an administrative hearing to contest the disclosure.

(1) The party requesting the information is the noncustodial parent or the physical custodian who submits the request by affidavit that clearly states the reason the information is requested, and that sets out the unsuccessful attempts to acquire the information from other sources;

(2) The party requesting the information shall submit the affidavit requesting the release of information to the office by first class mail; and

(3) Within seven (7) days of receiving the request, the office shall notify the party whose whereabouts are subject to disclosure that a request for location information has been made and that the requested information will be provided within twenty (20) days of the date of the notice unless the office receives a copy of a court order that enjoins the disclosure or otherwise restricts the requesting party's rights to contact or visit the party or the children, or the party requests an administrative hearing to contest the disclosure.

(i) (1) Whenever an administrative hearing is requested, the office shall not disclose the whereabouts of a party until the administrative hearing is held or completed. (2) If any reasonable evidence of domestic violence or child abuse is presented at the administrative hearing or by affidavit and the disclosure of the last known address or any identifying information could be harmful to a party or the child, the office shall not release the information.

(1) Whenever an administrative hearing is requested, the office shall not disclose the whereabouts of a party until the administrative hearing is held or completed.

(2) If any reasonable evidence of domestic violence or child abuse is presented at the administrative hearing or by affidavit and the disclosure of the last known address or any identifying information could be harmful to a party or the child, the office shall not release the information.

(j) It shall be unlawful to disclose to any committee or legislative body any information that identifies by name or address any applicant or recipient of Title IV-D child support enforcement services.

(k) A release of information on the whereabouts of a party made in compliance with § 9-14-205 is a permissible release of information in connection with the administration of the Title IV-D program.

(l) A release of payment information made in compliance with § 9-14-807 is a permissible release of information in connection with the administration of the Title IV-D program.

(m) A violation of subsection (g), subsection (h), subsection (i), subsection (j), subsection (k), or subsection (l) of this section shall constitute a Class B misdemeanor.

Amended by Act 2021, No. 927,§ 10, eff. 7/28/2021.

Acts 1985, No. 989, § 26; A.S.A. 1947, § 34-1244; Acts 1993, No. 468, § 2; 1993, No. 927, § 1; 1995, No. 1181, § 1; 1995, No. 1184, §§ 10, 27; 1997, No. 1296, § 22; 2001, No. 1248, §§ 8-10; 2003, No. 1020, §§ 2-4; 2003, No. 1176, § 1
Ark. Code Ann. § 9-20-118 — AR Code / Title 9 / Chapter 20 / Section 9-20-118
Review hearings
Status: in_force

(a) The Department of Human Services shall periodically review the case of an adult in the custody of the department, but not less often than one (1) time every six (6) months. (b) The circuit court shall review the case of an adult in the custody of the department, either formally or informally as determined by the court, at least one (1) time every twelve (12) months. (c) Notice for review hearings shall be by regular mail to the attorney for the respondent and to the administrator of the facility in which the respondent is placed. (d) (1) Upon presentation of a statement under oath by a medical doctor that attendance at the hearing is not in the best interest of the adult based on the adult's mental incapacity or physical health, the court shall waive the presence of the adult at a review hearing unless there is a showing by the adult's attorney that the adult's attendance at the court hearing is necessary. (2) If it is not in the adult's best interest to appear at court under subdivision (d)(1) of this section, the adult may submit a written statement or an audio or video statement for consideration by the court. Acts 2005, No. 1811, § 1; 2009, No. 526, § 7

(a) The Department of Human Services shall periodically review the case of an adult in the custody of the department, but not less often than one (1) time every six (6) months.

(b) The circuit court shall review the case of an adult in the custody of the department, either formally or informally as determined by the court, at least one (1) time every twelve (12) months.

(c) Notice for review hearings shall be by regular mail to the attorney for the respondent and to the administrator of the facility in which the respondent is placed.

(d) (1) Upon presentation of a statement under oath by a medical doctor that attendance at the hearing is not in the best interest of the adult based on the adult's mental incapacity or physical health, the court shall waive the presence of the adult at a review hearing unless there is a showing by the adult's attorney that the adult's attendance at the court hearing is necessary. (2) If it is not in the adult's best interest to appear at court under subdivision (d)(1) of this section, the adult may submit a written statement or an audio or video statement for consideration by the court.

(1) Upon presentation of a statement under oath by a medical doctor that attendance at the hearing is not in the best interest of the adult based on the adult's mental incapacity or physical health, the court shall waive the presence of the adult at a review hearing unless there is a showing by the adult's attorney that the adult's attendance at the court hearing is necessary.

(2) If it is not in the adult's best interest to appear at court under subdivision (d)(1) of this section, the adult may submit a written statement or an audio or video statement for consideration by the court.

Acts 2005, No. 1811, § 1; 2009, No. 526, § 7
Ark. Code Ann. § 9-25-102 — AR Code / Title 9 / Chapter 25 / Section 9-25-102
Destruction of property
Status: in_force

(a) The state or any county, city, town, or school district, or any person, corporation, or organization shall be entitled to recover damages in an amount not in excess of five thousand dollars ($5,000) in a court of competent jurisdiction from the parents of any minor under eighteen (18) years of age, living with a parent or legal guardian, who shall maliciously or willfully destroy, damage, or deface real, personal, or mixed property belonging to the state or county, city, town, or school district, or any person, corporation, or organization. (b) This section does not apply to: (1) Any destruction of property caused by a minor under eighteen (18) years of age who is in the custody of the Department of Human Services; or (2) A minor younger than thirteen (13) years of age who defaces property with graffiti. Acts 1959, No. 45, § 1; 1975, No. 283, § 1; 1977, No. 201, § 1; A.S.A. 1947, § 50-109; Acts 1987, No. 36, § 1; 2011, No. 888, § 1

(a) The state or any county, city, town, or school district, or any person, corporation, or organization shall be entitled to recover damages in an amount not in excess of five thousand dollars ($5,000) in a court of competent jurisdiction from the parents of any minor under eighteen (18) years of age, living with a parent or legal guardian, who shall maliciously or willfully destroy, damage, or deface real, personal, or mixed property belonging to the state or county, city, town, or school district, or any person, corporation, or organization.

(b) This section does not apply to: (1) Any destruction of property caused by a minor under eighteen (18) years of age who is in the custody of the Department of Human Services; or (2) A minor younger than thirteen (13) years of age who defaces property with graffiti.

(1) Any destruction of property caused by a minor under eighteen (18) years of age who is in the custody of the Department of Human Services; or

(2) A minor younger than thirteen (13) years of age who defaces property with graffiti.

Acts 1959, No. 45, § 1; 1975, No. 283, § 1; 1977, No. 201, § 1; A.S.A. 1947, § 50-109; Acts 1987, No. 36, § 1; 2011, No. 888, § 1
Ark. Code Ann. § 9-11-103 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-103
Minimum age - Exception
Status: in_force

(a) (1) If an application for a marriage license is made where one (1) or both parties are under eighteen (18) years of age but older than sixteen (16) years of age and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the application for a marriage license is being made. (2) Evidence shall be submitted as to: (A) The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas; (B) The birth certificates of both parties; and (C) Parental consent of each party who may be under the minimum age. (3) Thereupon, after consideration of the evidence and other facts and circumstances, if the judge finds that it is to the best interest of the parties, the judge may enter an order authorizing and directing the county clerk to issue a marriage license to the parties. (4) The county clerk shall retain a copy of the order on file in the clerk's office with the other papers. (b) However, if the female has given birth to the child, the court before whom the parties are to appear, if satisfied that it would be to the best interests of all the interested parties and if all the requirements of subsection (a) of this section are complied with, with the exception of the physician's certificate as to the pregnancy, may enter an order authorizing and directing the county clerk to issue a marriage license as provided in subsection (a) of this section. Amended by Act 2019, No. 849,§ 2, eff. 7/24/2019. Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 2; 2008 (1st Ex. Sess.), No. 3, § 2

(a) (1) If an application for a marriage license is made where one (1) or both parties are under eighteen (18) years of age but older than sixteen (16) years of age and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the application for a marriage license is being made. (2) Evidence shall be submitted as to: (A) The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas; (B) The birth certificates of both parties; and (C) Parental consent of each party who may be under the minimum age. (3) Thereupon, after consideration of the evidence and other facts and circumstances, if the judge finds that it is to the best interest of the parties, the judge may enter an order authorizing and directing the county clerk to issue a marriage license to the parties. (4) The county clerk shall retain a copy of the order on file in the clerk's office with the other papers.

(1) If an application for a marriage license is made where one (1) or both parties are under eighteen (18) years of age but older than sixteen (16) years of age and the female is pregnant, both parties may appear before a judge of the circuit court of the district where the application for a marriage license is being made.

(2) Evidence shall be submitted as to: (A) The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas; (B) The birth certificates of both parties; and (C) Parental consent of each party who may be under the minimum age.

(A) The pregnancy of the female in the form of a certificate from a licensed and regularly practicing physician of the State of Arkansas;

(B) The birth certificates of both parties; and

(C) Parental consent of each party who may be under the minimum age.

(3) Thereupon, after consideration of the evidence and other facts and circumstances, if the judge finds that it is to the best interest of the parties, the judge may enter an order authorizing and directing the county clerk to issue a marriage license to the parties.

(4) The county clerk shall retain a copy of the order on file in the clerk's office with the other papers.

(b) However, if the female has given birth to the child, the court before whom the parties are to appear, if satisfied that it would be to the best interests of all the interested parties and if all the requirements of subsection (a) of this section are complied with, with the exception of the physician's certificate as to the pregnancy, may enter an order authorizing and directing the county clerk to issue a marriage license as provided in subsection (a) of this section.

Amended by Act 2019, No. 849,§ 2, eff. 7/24/2019.

Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102; Acts 2007, No. 441, § 2; 2008 (1st Ex. Sess.), No. 3, § 2
Ark. Code Ann. § 9-15-202 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-202
Filing fees
Status: in_force

(a) (1) The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs. (2) A claim or counterclaim for other relief, including without limitation divorce, annulment, separate maintenance, or paternity shall not be asserted in an action brought under this subchapter except to the extent permitted in this subchapter. (b) (1) Established filing fees may be assessed against the respondent at the full hearing. (2) Filing fees under this section shall be collected by the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and shall be remitted on or before the tenth day of each month to the office of county treasurer for deposit to the county administration of justice fund. (3) The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in § 16-10-307(b) and (c) during the previous month from the uniform filing fees provided for in § 21-6-403 , the uniform court costs provided for in § 16-10-305 , and the fees provided for in this section to the Administration of Justice Funds Section of the Department of Finance and Administration for deposit into the State Administration of Justice Fund. (c) (1) The abused in a domestic violence petition for relief for a protection order sought under this subchapter shall not bear the cost associated with its filing or the costs associated with the issuance or service of a warrant and witness subpoena. (2) This subsection does not prohibit a judge from assessing costs against a petitioner if the allegations of abuse are determined after a hearing to be false. (d) (1) An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk for deposit as special revenues into the Domestic Violence Shelter Fund if a person is a convicted perpetrator of domestic abuse or is the respondent on a permanent order of protection entered by a court under this chapter. (2) The court clerk shall disburse all court costs collected each month under subdivision (d)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month. Amended by Act 2017, No. 583,§ 2, eff. 8/1/2017 Amended by Act 2013, No. 282,§ 2, eff. 3/6/2013 Acts 1991, No. 266, § 9; 1995, No. 401, § 1

(a) (1) The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs. (2) A claim or counterclaim for other relief, including without limitation divorce, annulment, separate maintenance, or paternity shall not be asserted in an action brought under this subchapter except to the extent permitted in this subchapter.

(1) The court, clerks of the court, and law enforcement agencies shall not require any initial filing fees or service costs.

(2) A claim or counterclaim for other relief, including without limitation divorce, annulment, separate maintenance, or paternity shall not be asserted in an action brought under this subchapter except to the extent permitted in this subchapter.

(b) (1) Established filing fees may be assessed against the respondent at the full hearing. (2) Filing fees under this section shall be collected by the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and shall be remitted on or before the tenth day of each month to the office of county treasurer for deposit to the county administration of justice fund. (3) The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in § 16-10-307(b) and (c) during the previous month from the uniform filing fees provided for in § 21-6-403 , the uniform court costs provided for in § 16-10-305 , and the fees provided for in this section to the Administration of Justice Funds Section of the Department of Finance and Administration for deposit into the State Administration of Justice Fund.

(1) Established filing fees may be assessed against the respondent at the full hearing.

(2) Filing fees under this section shall be collected by the county official, agency, or department designated under § 16-13-709 as primarily responsible for the collection of fines assessed in circuit court and shall be remitted on or before the tenth day of each month to the office of county treasurer for deposit to the county administration of justice fund.

(3) The county shall remit on or before the fifteenth day of each month all sums received in excess of the amounts necessary to fund the expenses enumerated in § 16-10-307(b) and (c) during the previous month from the uniform filing fees provided for in § 21-6-403 , the uniform court costs provided for in § 16-10-305 , and the fees provided for in this section to the Administration of Justice Funds Section of the Department of Finance and Administration for deposit into the State Administration of Justice Fund.

(c) (1) The abused in a domestic violence petition for relief for a protection order sought under this subchapter shall not bear the cost associated with its filing or the costs associated with the issuance or service of a warrant and witness subpoena. (2) This subsection does not prohibit a judge from assessing costs against a petitioner if the allegations of abuse are determined after a hearing to be false.

(1) The abused in a domestic violence petition for relief for a protection order sought under this subchapter shall not bear the cost associated with its filing or the costs associated with the issuance or service of a warrant and witness subpoena.

(2) This subsection does not prohibit a judge from assessing costs against a petitioner if the allegations of abuse are determined after a hearing to be false.

(d) (1) An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk for deposit as special revenues into the Domestic Violence Shelter Fund if a person is a convicted perpetrator of domestic abuse or is the respondent on a permanent order of protection entered by a court under this chapter. (2) The court clerk shall disburse all court costs collected each month under subdivision (d)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month.

(1) An additional court cost of twenty-five dollars ($25.00) shall be assessed and remitted to the Administration of Justice Funds Section by the court clerk for deposit as special revenues into the Domestic Violence Shelter Fund if a person is a convicted perpetrator of domestic abuse or is the respondent on a permanent order of protection entered by a court under this chapter.

(2) The court clerk shall disburse all court costs collected each month under subdivision (d)(1) of this section to the Administration of Justice Funds Section by the fifteenth working day of the following month.

Amended by Act 2017, No. 583,§ 2, eff. 8/1/2017

Amended by Act 2013, No. 282,§ 2, eff. 3/6/2013

Acts 1991, No. 266, § 9; 1995, No. 401, § 1
Ark. Code Ann. § 9-27-318 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-318
Filing and transfer to criminal division of circuit court
Status: in_force

(a) The state may proceed with a case as a delinquency only when the case involves a juvenile: (1) Fifteen (15) years of age or younger when the alleged delinquent act occurred, except as provided by subdivision (c)(2) of this section; or (2) Less than eighteen (18) years of age when he or she engages in conduct that if committed by an adult would be any misdemeanor. (b) The state may file a motion in the juvenile division of circuit court to transfer a case to the criminal division of circuit court or to designate a juvenile as an extended juvenile jurisdiction offender when a case involves a juvenile: (1) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that if committed by an adult would be: (A) Murder in the second degree, § 5-10-103 ; (B) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4) ; (C) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (D) Aggravated assault, § 5-13-204 ; (E) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (F) Any felony committed while armed with a firearm; (G) Soliciting a minor to join a criminal street gang, § 5-74-203 ; (H) Criminal use of prohibited weapons, § 5-73-104 ; (I) First degree escape, § 5-54-110 ; (J) Second degree escape, § 5-54-111 ; or (K) A felony attempt, solicitation, or conspiracy to commit any of the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Aggravated robbery, § 5-12-103 ; (vi) Rape, § 5-14-103 ; (vii) Battery in the first degree, § 5-13-201 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ; (2) At least fourteen (14) years old when he or she engages in conduct that constitutes a felony under § 5-73-119(a) ; or (3) At least fourteen (14) years old when he or she engages in conduct that, if committed by an adult, constitutes a felony and who has, within the preceding two (2) years, three (3) times been adjudicated as a delinquent juvenile for acts that would have constituted felonies if they had been committed by an adult. (c) A prosecuting attorney may charge a juvenile in either the juvenile or criminal division of circuit court when a case involves a juvenile: (1) At least sixteen (16) years old when he or she engages in conduct that, if committed by an adult, would be any felony; or (2) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that, if committed by an adult, would be: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Kidnapping, § 5-11-102 ; (D) Aggravated robbery, § 5-12-103 ; (E) Rape, § 5-14-103 ; (F) Battery in the first degree, § 5-13-201 ; or (G) Terroristic act, § 5-13-310 . (d) If a prosecuting attorney can file charges in the criminal division of circuit court for an act allegedly committed by a juvenile, the state may file any other criminal charges that arise out of the same act or course of conduct in the same division of the circuit court case if, after a hearing before the juvenile division of circuit court, a transfer is so ordered. (e) Upon the motion of the court or of any party, the judge of the division of circuit court in which a delinquency petition or criminal charges have been filed shall conduct a transfer hearing to determine whether to transfer the case to another division of circuit court. (f) The court shall conduct a transfer hearing within thirty (30) days if the juvenile is detained and no longer than ninety (90) days from the date of the motion to transfer the case. (g) In the transfer hearing, the court shall consider all of the following factors: (1) The seriousness of the alleged offense and whether the protection of society requires prosecution in the criminal division of circuit court; (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted; (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense; (5) The previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence; (6) The sophistication or maturity of the juvenile as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; (7) Whether there are facilities or programs available to the judge of the juvenile division of circuit court that are likely to rehabilitate the juvenile before the expiration of the juvenile's twenty-first birthday; (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense; (9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (10) Any other factors deemed relevant by the judge. (h) (1) The court shall make written findings on all of the factors set forth in subsection (g) of this section. (2) Upon a finding by clear and convincing evidence that a case should be transferred to another division of circuit court, the judge shall enter an order to that effect. (i) Upon a finding by the criminal division of circuit court that a juvenile fourteen (14) through seventeen (17) years of age and charged with the crimes in subdivision (c)(2) of this section should be transferred to the juvenile division of circuit court, the criminal division of circuit court may enter an order to transfer as an extended juvenile jurisdiction case. (j) If a juvenile fourteen (14) or fifteen (15) years of age is found guilty in the criminal division of circuit court for an offense other than an offense listed in subsection (b) or subdivision (c)(2) of this section, the judge shall enter a juvenile delinquency disposition under § 9-27-330 . (k) If the case is transferred to another division, any bail or appearance bond given for the appearance of the juvenile shall continue in effect in the division to which the case is transferred. (l) Any party may appeal from a transfer order. (m) The circuit court may conduct a transfer hearing and an extended juvenile jurisdiction hearing under § 9-27-503 at the same time. Acts 1989, No. 273, § 17; 1991, No. 903, § 1; 1993, No. 1189, § 5; 1994 (2nd Ex. Sess.), No. 39, § 1; 1994 (2nd Ex. Sess.), No. 40, § 1; 1995, No. 797, § 1; 1997, No. 1229, § 7; 1997, No. 1299, § 7; 1999, No. 1192, § 16; 2001, No. 1582, § 2; 2003, No. 1166, § 10; 2003, No. 1809, § 3

(a) The state may proceed with a case as a delinquency only when the case involves a juvenile: (1) Fifteen (15) years of age or younger when the alleged delinquent act occurred, except as provided by subdivision (c)(2) of this section; or (2) Less than eighteen (18) years of age when he or she engages in conduct that if committed by an adult would be any misdemeanor.

(1) Fifteen (15) years of age or younger when the alleged delinquent act occurred, except as provided by subdivision (c)(2) of this section; or

(2) Less than eighteen (18) years of age when he or she engages in conduct that if committed by an adult would be any misdemeanor.

(b) The state may file a motion in the juvenile division of circuit court to transfer a case to the criminal division of circuit court or to designate a juvenile as an extended juvenile jurisdiction offender when a case involves a juvenile: (1) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that if committed by an adult would be: (A) Murder in the second degree, § 5-10-103 ; (B) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4) ; (C) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (D) Aggravated assault, § 5-13-204 ; (E) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (F) Any felony committed while armed with a firearm; (G) Soliciting a minor to join a criminal street gang, § 5-74-203 ; (H) Criminal use of prohibited weapons, § 5-73-104 ; (I) First degree escape, § 5-54-110 ; (J) Second degree escape, § 5-54-111 ; or (K) A felony attempt, solicitation, or conspiracy to commit any of the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Aggravated robbery, § 5-12-103 ; (vi) Rape, § 5-14-103 ; (vii) Battery in the first degree, § 5-13-201 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ; (2) At least fourteen (14) years old when he or she engages in conduct that constitutes a felony under § 5-73-119(a) ; or (3) At least fourteen (14) years old when he or she engages in conduct that, if committed by an adult, constitutes a felony and who has, within the preceding two (2) years, three (3) times been adjudicated as a delinquent juvenile for acts that would have constituted felonies if they had been committed by an adult.

(1) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that if committed by an adult would be: (A) Murder in the second degree, § 5-10-103 ; (B) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4) ; (C) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (D) Aggravated assault, § 5-13-204 ; (E) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (F) Any felony committed while armed with a firearm; (G) Soliciting a minor to join a criminal street gang, § 5-74-203 ; (H) Criminal use of prohibited weapons, § 5-73-104 ; (I) First degree escape, § 5-54-110 ; (J) Second degree escape, § 5-54-111 ; or (K) A felony attempt, solicitation, or conspiracy to commit any of the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Aggravated robbery, § 5-12-103 ; (vi) Rape, § 5-14-103 ; (vii) Battery in the first degree, § 5-13-201 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ;

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

(B) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4) ;

(C) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ;

(D) Aggravated assault, § 5-13-204 ;

(E) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ;

(F) Any felony committed while armed with a firearm;

(G) Soliciting a minor to join a criminal street gang, § 5-74-203 ;

(H) Criminal use of prohibited weapons, § 5-73-104 ;

(I) First degree escape, § 5-54-110 ;

(J) Second degree escape, § 5-54-111 ; or

(K) A felony attempt, solicitation, or conspiracy to commit any of the following offenses: (i) Capital murder, § 5-10-101 ; (ii) Murder in the first degree, § 5-10-102 ; (iii) Murder in the second degree, § 5-10-103 ; (iv) Kidnapping, § 5-11-102 ; (v) Aggravated robbery, § 5-12-103 ; (vi) Rape, § 5-14-103 ; (vii) Battery in the first degree, § 5-13-201 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ;

(i) Capital murder, § 5-10-101 ;

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

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

(iv) Kidnapping, § 5-11-102 ;

(v) Aggravated robbery, § 5-12-103 ;

(vi) Rape, § 5-14-103 ;

(vii) Battery in the first degree, § 5-13-201 ;

(viii) First degree escape, § 5-54-110 ; and

(ix) Second degree escape, § 5-54-111 ;

(2) At least fourteen (14) years old when he or she engages in conduct that constitutes a felony under § 5-73-119(a) ; or

(3) At least fourteen (14) years old when he or she engages in conduct that, if committed by an adult, constitutes a felony and who has, within the preceding two (2) years, three (3) times been adjudicated as a delinquent juvenile for acts that would have constituted felonies if they had been committed by an adult.

(c) A prosecuting attorney may charge a juvenile in either the juvenile or criminal division of circuit court when a case involves a juvenile: (1) At least sixteen (16) years old when he or she engages in conduct that, if committed by an adult, would be any felony; or (2) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that, if committed by an adult, would be: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Kidnapping, § 5-11-102 ; (D) Aggravated robbery, § 5-12-103 ; (E) Rape, § 5-14-103 ; (F) Battery in the first degree, § 5-13-201 ; or (G) Terroristic act, § 5-13-310 .

(1) At least sixteen (16) years old when he or she engages in conduct that, if committed by an adult, would be any felony; or

(2) Fourteen (14) or fifteen (15) years old when he or she engages in conduct that, if committed by an adult, would be: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Kidnapping, § 5-11-102 ; (D) Aggravated robbery, § 5-12-103 ; (E) Rape, § 5-14-103 ; (F) Battery in the first degree, § 5-13-201 ; or (G) Terroristic act, § 5-13-310 .

(A) Capital murder, § 5-10-101 ;

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

(C) Kidnapping, § 5-11-102 ;

(D) Aggravated robbery, § 5-12-103 ;

(E) Rape, § 5-14-103 ;

(F) Battery in the first degree, § 5-13-201 ; or

(G) Terroristic act, § 5-13-310 .

(d) If a prosecuting attorney can file charges in the criminal division of circuit court for an act allegedly committed by a juvenile, the state may file any other criminal charges that arise out of the same act or course of conduct in the same division of the circuit court case if, after a hearing before the juvenile division of circuit court, a transfer is so ordered.

(e) Upon the motion of the court or of any party, the judge of the division of circuit court in which a delinquency petition or criminal charges have been filed shall conduct a transfer hearing to determine whether to transfer the case to another division of circuit court.

(f) The court shall conduct a transfer hearing within thirty (30) days if the juvenile is detained and no longer than ninety (90) days from the date of the motion to transfer the case.

(g) In the transfer hearing, the court shall consider all of the following factors: (1) The seriousness of the alleged offense and whether the protection of society requires prosecution in the criminal division of circuit court; (2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; (3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted; (4) The culpability of the juvenile, including the level of planning and participation in the alleged offense; (5) The previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence; (6) The sophistication or maturity of the juvenile as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult; (7) Whether there are facilities or programs available to the judge of the juvenile division of circuit court that are likely to rehabilitate the juvenile before the expiration of the juvenile's twenty-first birthday; (8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense; (9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and (10) Any other factors deemed relevant by the judge.

(1) The seriousness of the alleged offense and whether the protection of society requires prosecution in the criminal division of circuit court;

(2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted;

(4) The culpability of the juvenile, including the level of planning and participation in the alleged offense;

(5) The previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence;

(6) The sophistication or maturity of the juvenile as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult;

(7) Whether there are facilities or programs available to the judge of the juvenile division of circuit court that are likely to rehabilitate the juvenile before the expiration of the juvenile's twenty-first birthday;

(8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense;

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

(10) Any other factors deemed relevant by the judge.

(h) (1) The court shall make written findings on all of the factors set forth in subsection (g) of this section. (2) Upon a finding by clear and convincing evidence that a case should be transferred to another division of circuit court, the judge shall enter an order to that effect.

(1) The court shall make written findings on all of the factors set forth in subsection (g) of this section.

(2) Upon a finding by clear and convincing evidence that a case should be transferred to another division of circuit court, the judge shall enter an order to that effect.

(i) Upon a finding by the criminal division of circuit court that a juvenile fourteen (14) through seventeen (17) years of age and charged with the crimes in subdivision (c)(2) of this section should be transferred to the juvenile division of circuit court, the criminal division of circuit court may enter an order to transfer as an extended juvenile jurisdiction case.

(j) If a juvenile fourteen (14) or fifteen (15) years of age is found guilty in the criminal division of circuit court for an offense other than an offense listed in subsection (b) or subdivision (c)(2) of this section, the judge shall enter a juvenile delinquency disposition under § 9-27-330 .

(k) If the case is transferred to another division, any bail or appearance bond given for the appearance of the juvenile shall continue in effect in the division to which the case is transferred.

(l) Any party may appeal from a transfer order.

(m) The circuit court may conduct a transfer hearing and an extended juvenile jurisdiction hearing under § 9-27-503 at the same time.

Acts 1989, No. 273, § 17; 1991, No. 903, § 1; 1993, No. 1189, § 5; 1994 (2nd Ex. Sess.), No. 39, § 1; 1994 (2nd Ex. Sess.), No. 40, § 1; 1995, No. 797, § 1; 1997, No. 1229, § 7; 1997, No. 1299, § 7; 1999, No. 1192, § 16; 2001, No. 1582, § 2; 2003, No. 1166, § 10; 2003, No. 1809, § 3
Ark. Code Ann. § 9-29-201 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-201
Text of Compact
Status: in_force

The Interstate Compact on the Placement of Children is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN ARTICLE I Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangement for the care of children will be promoted. ARTICLE II Definitions As used in this compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control; (b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof, a court of a party state, a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state; (c) "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons; (d) "Placement" means: (1) The arrangement for the care of a child in a family, free or boarding home or in a child-caring agency or institution but does not include any institution caring for individuals with mental illness, intellectual disabilities, or epilepsy or any institution primarily educational in character, and any hospital or other medical facility; and (2) The arrangement for the care of a child in the home of his or her parent, other relative, or non-agency guardian in a receiving state when the sending agency is any entity other than a parent, relative, guardian or non-agency guardian making the arrangement for care as a plan exempt under Article VIII(a) of the compact. (e) (1) "Foster care" means the care of a child on a twenty-four-hour-a-day basis away from the home of the child's parent or parents. The care may be by a relative of the child, by a non-related individual, by a group home, or by a residential facility or any other entity. (2) In addition, if twenty-four-hour-a-day care is provided by the child's parents by reason of a court ordered placement and not by virtue of the parent-child relationship, the care is foster care. (3) "Foster care" shall not include placement in a residential facility by a parent if a child welfare agency or court is not involved with the parent or child through an open case or investigation. (f) (1) "Priority placement" means whenever a court, upon request or on its own motion or where court approval is required, determines that a proposed priority placement of a child from one (1) state into another state is necessary because placement is with a relative and: (A) The child is under four (4) years of age, including older siblings sought to be placed with the same proposed placement; (B) The child is in an emergency placement; (C) The court finds that the child has a substantial relationship with the proposed placement resource; or (D) There is an unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian. (2) The state agency has thirty (30) days to complete a request for a priority placement. (3) Requests for placement shall not be expedited or given priority except as outlined in this subsection. (g) "Home study" means a written report that is obtained after an investigation of a household and that may include a criminal background check, including a fingerprint-based criminal background check in the national crime information database and a local criminal background check on any person in the household sixteen (16) years of age and older. ARTICLE III Conditions for Placement (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child; (2) The identity and address or addresses of the parents or legal guardian; (3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child; (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. (e) (1) If the home study is denied, the sending state agency shall present the home study to the juvenile division judge in the sending state. (2) The sending state juvenile division judge shall review the home study and make specific written findings of fact regarding the concerns outlined in the home study. (3) If the sending state juvenile division court finds that the health and safety concerns cannot be addressed or cured by services, the court will not make the placement. ARTICLE IV Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children. ARTICLE V Retention of Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one (1) or more services in respect of such case by the latter as agent for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof. ARTICLE VI Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that: 1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and 2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. ARTICLE VII Compact Administrator The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE VIII Limitations This compact shall not apply to: (a) (1) Except as provided under subdivision (a)(2) of this section, the sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state. (2) If the guardianship is established as a prelude to a non-relative adoption or to avoid compliance with this compact, the guardian shall comply with this compact. (b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. ARTICLE IX Enactment and Withdrawal This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. ARTICLE X Construction and Severability 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, person, or circumstance is 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. Amended by Act 2013, No. 751,§ 1, eff. 8/16/2013 Acts 1979, No. 677, § 1; A.S.A. 1947, § 83-1201; Acts 2003, No. 1809, § 15; 2007, No. 372, § 1

The Interstate Compact on the Placement of Children is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

ARTICLE I Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangement for the care of children will be promoted.

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangement for the care of children will be promoted.

ARTICLE II Definitions As used in this compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control; (b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof, a court of a party state, a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state; (c) "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons; (d) "Placement" means: (1) The arrangement for the care of a child in a family, free or boarding home or in a child-caring agency or institution but does not include any institution caring for individuals with mental illness, intellectual disabilities, or epilepsy or any institution primarily educational in character, and any hospital or other medical facility; and (2) The arrangement for the care of a child in the home of his or her parent, other relative, or non-agency guardian in a receiving state when the sending agency is any entity other than a parent, relative, guardian or non-agency guardian making the arrangement for care as a plan exempt under Article VIII(a) of the compact. (e) (1) "Foster care" means the care of a child on a twenty-four-hour-a-day basis away from the home of the child's parent or parents. The care may be by a relative of the child, by a non-related individual, by a group home, or by a residential facility or any other entity. (2) In addition, if twenty-four-hour-a-day care is provided by the child's parents by reason of a court ordered placement and not by virtue of the parent-child relationship, the care is foster care. (3) "Foster care" shall not include placement in a residential facility by a parent if a child welfare agency or court is not involved with the parent or child through an open case or investigation. (f) (1) "Priority placement" means whenever a court, upon request or on its own motion or where court approval is required, determines that a proposed priority placement of a child from one (1) state into another state is necessary because placement is with a relative and: (A) The child is under four (4) years of age, including older siblings sought to be placed with the same proposed placement; (B) The child is in an emergency placement; (C) The court finds that the child has a substantial relationship with the proposed placement resource; or (D) There is an unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian. (2) The state agency has thirty (30) days to complete a request for a priority placement. (3) Requests for placement shall not be expedited or given priority except as outlined in this subsection. (g) "Home study" means a written report that is obtained after an investigation of a household and that may include a criminal background check, including a fingerprint-based criminal background check in the national crime information database and a local criminal background check on any person in the household sixteen (16) years of age and older.

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control;

(b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof, a court of a party state, a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state;

(c) "Receiving state" means the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons;

(d) "Placement" means: (1) The arrangement for the care of a child in a family, free or boarding home or in a child-caring agency or institution but does not include any institution caring for individuals with mental illness, intellectual disabilities, or epilepsy or any institution primarily educational in character, and any hospital or other medical facility; and (2) The arrangement for the care of a child in the home of his or her parent, other relative, or non-agency guardian in a receiving state when the sending agency is any entity other than a parent, relative, guardian or non-agency guardian making the arrangement for care as a plan exempt under Article VIII(a) of the compact.

(1) The arrangement for the care of a child in a family, free or boarding home or in a child-caring agency or institution but does not include any institution caring for individuals with mental illness, intellectual disabilities, or epilepsy or any institution primarily educational in character, and any hospital or other medical facility; and

(2) The arrangement for the care of a child in the home of his or her parent, other relative, or non-agency guardian in a receiving state when the sending agency is any entity other than a parent, relative, guardian or non-agency guardian making the arrangement for care as a plan exempt under Article VIII(a) of the compact.

(e) (1) "Foster care" means the care of a child on a twenty-four-hour-a-day basis away from the home of the child's parent or parents. The care may be by a relative of the child, by a non-related individual, by a group home, or by a residential facility or any other entity. (2) In addition, if twenty-four-hour-a-day care is provided by the child's parents by reason of a court ordered placement and not by virtue of the parent-child relationship, the care is foster care. (3) "Foster care" shall not include placement in a residential facility by a parent if a child welfare agency or court is not involved with the parent or child through an open case or investigation.

(1) "Foster care" means the care of a child on a twenty-four-hour-a-day basis away from the home of the child's parent or parents. The care may be by a relative of the child, by a non-related individual, by a group home, or by a residential facility or any other entity.

(2) In addition, if twenty-four-hour-a-day care is provided by the child's parents by reason of a court ordered placement and not by virtue of the parent-child relationship, the care is foster care.

(3) "Foster care" shall not include placement in a residential facility by a parent if a child welfare agency or court is not involved with the parent or child through an open case or investigation.

(f) (1) "Priority placement" means whenever a court, upon request or on its own motion or where court approval is required, determines that a proposed priority placement of a child from one (1) state into another state is necessary because placement is with a relative and: (A) The child is under four (4) years of age, including older siblings sought to be placed with the same proposed placement; (B) The child is in an emergency placement; (C) The court finds that the child has a substantial relationship with the proposed placement resource; or (D) There is an unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian. (2) The state agency has thirty (30) days to complete a request for a priority placement. (3) Requests for placement shall not be expedited or given priority except as outlined in this subsection.

(1) "Priority placement" means whenever a court, upon request or on its own motion or where court approval is required, determines that a proposed priority placement of a child from one (1) state into another state is necessary because placement is with a relative and: (A) The child is under four (4) years of age, including older siblings sought to be placed with the same proposed placement; (B) The child is in an emergency placement; (C) The court finds that the child has a substantial relationship with the proposed placement resource; or (D) There is an unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian.

(A) The child is under four (4) years of age, including older siblings sought to be placed with the same proposed placement;

(B) The child is in an emergency placement;

(C) The court finds that the child has a substantial relationship with the proposed placement resource; or

(D) There is an unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian.

(2) The state agency has thirty (30) days to complete a request for a priority placement.

(3) Requests for placement shall not be expedited or given priority except as outlined in this subsection.

(g) "Home study" means a written report that is obtained after an investigation of a household and that may include a criminal background check, including a fingerprint-based criminal background check in the national crime information database and a local criminal background check on any person in the household sixteen (16) years of age and older.

ARTICLE III Conditions for Placement (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child; (2) The identity and address or addresses of the parents or legal guardian; (3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child; (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. (e) (1) If the home study is denied, the sending state agency shall present the home study to the juvenile division judge in the sending state. (2) The sending state juvenile division judge shall review the home study and make specific written findings of fact regarding the concerns outlined in the home study. (3) If the sending state juvenile division court finds that the health and safety concerns cannot be addressed or cured by services, the court will not make the placement.

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date and place of birth of the child; (2) The identity and address or addresses of the parents or legal guardian; (3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child; (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which placement is proposed to be made.

(1) The name, date and place of birth of the child;

(2) The identity and address or addresses of the parents or legal guardian;

(3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child;

(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.

(e) (1) If the home study is denied, the sending state agency shall present the home study to the juvenile division judge in the sending state. (2) The sending state juvenile division judge shall review the home study and make specific written findings of fact regarding the concerns outlined in the home study. (3) If the sending state juvenile division court finds that the health and safety concerns cannot be addressed or cured by services, the court will not make the placement.

(1) If the home study is denied, the sending state agency shall present the home study to the juvenile division judge in the sending state.

(2) The sending state juvenile division judge shall review the home study and make specific written findings of fact regarding the concerns outlined in the home study.

(3) If the sending state juvenile division court finds that the health and safety concerns cannot be addressed or cured by services, the court will not make the placement.

ARTICLE IV Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.

ARTICLE V Retention of Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one (1) or more services in respect of such case by the latter as agent for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one (1) or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state, nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that: 1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and 2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:

1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

ARTICLE VII Compact Administrator The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII Limitations This compact shall not apply to: (a) (1) Except as provided under subdivision (a)(2) of this section, the sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state. (2) If the guardianship is established as a prelude to a non-relative adoption or to avoid compliance with this compact, the guardian shall comply with this compact. (b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

This compact shall not apply to:

(a) (1) Except as provided under subdivision (a)(2) of this section, the sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state. (2) If the guardianship is established as a prelude to a non-relative adoption or to avoid compliance with this compact, the guardian shall comply with this compact.

(1) Except as provided under subdivision (a)(2) of this section, the sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.

(2) If the guardianship is established as a prelude to a non-relative adoption or to avoid compliance with this compact, the guardian shall comply with this compact.

(b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

ARTICLE IX Enactment and Withdrawal This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X Construction and Severability 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, person, or circumstance is 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, person, or circumstance is 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.

Amended by Act 2013, No. 751,§ 1, eff. 8/16/2013

Acts 1979, No. 677, § 1; A.S.A. 1947, § 83-1201; Acts 2003, No. 1809, § 15; 2007, No. 372, § 1
Ark. Code Ann. § 9-28-601 — AR Code / Title 9 / Chapter 28 / Subchapter 6 / Section 9-28-601
Legislative intent
Status: in_force

In a significant number of cases, the health, safety, welfare, and basic emotional needs of children are not being met by remaining with their families. In certain situations, therapeutic group homes and independent living programs can provide the sense of structure, continuity, stability, and the positive role models that are necessary for a child to become a productive citizen, and these alternative living environments are far less expensive than maintaining a child in the penal system. Therefore, it is the intent of this legislation to establish independent living programs for youths in strategic areas throughout Arkansas for the purpose of intervention. Acts 1995, No. 1113, § 1; 1997, No. 885, § 1

In a significant number of cases, the health, safety, welfare, and basic emotional needs of children are not being met by remaining with their families. In certain situations, therapeutic group homes and independent living programs can provide the sense of structure, continuity, stability, and the positive role models that are necessary for a child to become a productive citizen, and these alternative living environments are far less expensive than maintaining a child in the penal system. Therefore, it is the intent of this legislation to establish independent living programs for youths in strategic areas throughout Arkansas for the purpose of intervention.

Acts 1995, No. 1113, § 1; 1997, No. 885, § 1
Ark. Code Ann. § 9-9-410 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-410
Subsidy agreements - Duration
Status: in_force

(a) (1) The subsidy agreement shall be binding and constitute an obligation against the State of Arkansas until the adopted child reaches the age of eighteen (18) years or the benefits available to him or her under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer qualify for a subsidy under the current rules for subsidized adoptions. (2) (A) The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents. (B) The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child. (b) If funding for the subsidized program is discontinued, all contracts that have been executed under this section and §§ 9-9-408 and 9-9-411 shall continue to be honored and shall be a valid claim against the State of Arkansas in keeping with the original subsidy agreement as long as eligibility for the subsidy continues under § 9-9-411 . (c) The subsidy agreement may be extended until the age of twenty-one (21) years if the child has a documented disability or condition that prevents the child from existing independently from the adoptive family. To be eligible for the extended subsidy, the family of the child must have applied for supplemental security income benefits prior to the child's turning eighteen (18) years and have been denied. Amended by Act 2015, No. 1018,§ 2, eff. 7/22/2015 Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 945, § 7

(a) (1) The subsidy agreement shall be binding and constitute an obligation against the State of Arkansas until the adopted child reaches the age of eighteen (18) years or the benefits available to him or her under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer qualify for a subsidy under the current rules for subsidized adoptions. (2) (A) The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents. (B) The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child.

(1) The subsidy agreement shall be binding and constitute an obligation against the State of Arkansas until the adopted child reaches the age of eighteen (18) years or the benefits available to him or her under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer qualify for a subsidy under the current rules for subsidized adoptions.

(2) (A) The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents. (B) The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child.

(A) The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents.

(B) The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child.

(b) If funding for the subsidized program is discontinued, all contracts that have been executed under this section and §§ 9-9-408 and 9-9-411 shall continue to be honored and shall be a valid claim against the State of Arkansas in keeping with the original subsidy agreement as long as eligibility for the subsidy continues under § 9-9-411 .

(c) The subsidy agreement may be extended until the age of twenty-one (21) years if the child has a documented disability or condition that prevents the child from existing independently from the adoptive family. To be eligible for the extended subsidy, the family of the child must have applied for supplemental security income benefits prior to the child's turning eighteen (18) years and have been denied.

Amended by Act 2015, No. 1018,§ 2, eff. 7/22/2015

Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 945, § 7