Ark. Code Ann. § 9-27-368 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-368
Risk and needs assessments
Status: in_force

(a) The Administrative Office of the Courts shall work with the circuit courts to implement a validated risk and needs assessment that shall be provided to the juvenile divisions of the circuit courts to be used at delinquency disposition hearings and to aid in juvenile treatment plans. (b) A juvenile division circuit court judge shall have the discretion to designate either a trained juvenile intake or probation officer to conduct the validated risk and needs assessment in the court of the circuit court judge. (c) (1) The juvenile intake or probation officer conducting the risk and needs assessment shall interview the juvenile and the juvenile's parent, guardian, or custodian. (2) Information gathered by the juvenile intake or probation officer during the intake process implemented to complete the risk and needs assessment shall be confidential and shall not be used against the juvenile in the delinquency proceeding. (3) The juvenile intake or probation officer conducting the risk and needs assessment shall not discuss any offense for which the juvenile is currently charged during the intake assessment. (d) A risk and needs assessment prepared for a delinquency disposition hearing shall be provided to the necessary parties seven (7) days in advance and presented to the court at the disposition hearing. (e) (1) The court may order an updated risk and needs assessment that should be updated when there are significant changes in the juvenile's treatment plan. (2) Any revisions or updates to the risk and needs assessment shall be provided to the necessary parties seven (7) days in advance of a court hearing in the delinquency proceeding. (f) Juvenile risk and needs assessments may be provided to the Division of Youth Services personnel, service providers, and other necessary persons designated by the court to provide appropriate treatment and case plan services. Added by Act 2015, No. 1023,§ 1, eff. 7/22/2015

(a) The Administrative Office of the Courts shall work with the circuit courts to implement a validated risk and needs assessment that shall be provided to the juvenile divisions of the circuit courts to be used at delinquency disposition hearings and to aid in juvenile treatment plans.

(b) A juvenile division circuit court judge shall have the discretion to designate either a trained juvenile intake or probation officer to conduct the validated risk and needs assessment in the court of the circuit court judge.

(c) (1) The juvenile intake or probation officer conducting the risk and needs assessment shall interview the juvenile and the juvenile's parent, guardian, or custodian. (2) Information gathered by the juvenile intake or probation officer during the intake process implemented to complete the risk and needs assessment shall be confidential and shall not be used against the juvenile in the delinquency proceeding. (3) The juvenile intake or probation officer conducting the risk and needs assessment shall not discuss any offense for which the juvenile is currently charged during the intake assessment.

(1) The juvenile intake or probation officer conducting the risk and needs assessment shall interview the juvenile and the juvenile's parent, guardian, or custodian.

(2) Information gathered by the juvenile intake or probation officer during the intake process implemented to complete the risk and needs assessment shall be confidential and shall not be used against the juvenile in the delinquency proceeding.

(3) The juvenile intake or probation officer conducting the risk and needs assessment shall not discuss any offense for which the juvenile is currently charged during the intake assessment.

(d) A risk and needs assessment prepared for a delinquency disposition hearing shall be provided to the necessary parties seven (7) days in advance and presented to the court at the disposition hearing.

(e) (1) The court may order an updated risk and needs assessment that should be updated when there are significant changes in the juvenile's treatment plan. (2) Any revisions or updates to the risk and needs assessment shall be provided to the necessary parties seven (7) days in advance of a court hearing in the delinquency proceeding.

(1) The court may order an updated risk and needs assessment that should be updated when there are significant changes in the juvenile's treatment plan.

(2) Any revisions or updates to the risk and needs assessment shall be provided to the necessary parties seven (7) days in advance of a court hearing in the delinquency proceeding.

(f) Juvenile risk and needs assessments may be provided to the Division of Youth Services personnel, service providers, and other necessary persons designated by the court to provide appropriate treatment and case plan services.

Added by Act 2015, No. 1023,§ 1, eff. 7/22/2015
Ark. Code Ann. § 9-33-304 — AR Code / Title 9 / Chapter 33 / Subchapter 3 / Section 9-33-304
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 10, eff. 8/16/2013 Acts 1999, No. 1513, § 4; 2007, No. 827, § 125

Repealed by Act 2013, No. 1152,§ 10, eff. 8/16/2013

Acts 1999, No. 1513, § 4; 2007, No. 827, § 125
Ark. Code Ann. § 9-11-503 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-503
Rights generally
Status: in_force

(a) A married person may bargain, sell, assign, and transfer his or her separate personal property, carry on any trade or business, and perform any labor or services on his or her sole and separate account. (b) The earnings of any married person from the trade, business, labor, or services shall be his or her sole and separate property and may be used or invested in the person's own name. (c) He or she may sue alone or be sued in the courts of this state on account of the property, business, or services. Acts 1873, No. 126, § 3, p. 382; C. & M. Dig., § 5581; Pope's Dig., § 7231; Acts 1981, No. 873, § 1; A.S.A. 1947, § 55-402

(a) A married person may bargain, sell, assign, and transfer his or her separate personal property, carry on any trade or business, and perform any labor or services on his or her sole and separate account.

(b) The earnings of any married person from the trade, business, labor, or services shall be his or her sole and separate property and may be used or invested in the person's own name.

(c) He or she may sue alone or be sued in the courts of this state on account of the property, business, or services.

Acts 1873, No. 126, § 3, p. 382; C. & M. Dig., § 5581; Pope's Dig., § 7231; Acts 1981, No. 873, § 1; A.S.A. 1947, § 55-402
Ark. Code Ann. § 9-10-109 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-109
Child support following finding of paternity
Status: in_force

(a) (1) (A) Subsequent to the execution of an acknowledgment of paternity by the father and mother of a child pursuant to § 20-18-408 or § 20-18-409 , or a similar acknowledgment executed during the child's minority, or subsequent to a finding by the court that the putative father in a paternity action is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit court as if it were a case involving a child born of a marriage in awarding custody, visitation, setting amounts of support, costs, and attorney's fees, and directing payments through the clerk of the court, or through the Arkansas Child Support Clearinghouse if the case was brought pursuant to Title IV-D of the Social Security Act 42 U.S.C. § 651 et seq. (B) All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq. (2) The court may provide for the payment of support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls prior to graduation from high school so long as such support is conditional on the child's remaining in school. (3) The court may also provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent. (b) (1) (A) All orders directing payments through the registry of the court or through the Arkansas Child Support Clearinghouse shall set forth a fee to be paid by the noncustodial parent or obligated spouse in the amount of thirty-six dollars ($36.00) per year. (B) The fee shall be collected from the noncustodial parent or obligated spouse at the time of the first support payment and during the anniversary month of the entry of the order each year thereafter, or nine dollars ($9.00) per quarter at the option of the obligated parent, until no children remain minor and the support obligation is extinguished and any arrears are completely satisfied. (2) The clerk upon direction from the court and as an alternative to collecting the annual fee during the anniversary month each year after entry of the order may prorate the first fee collected at the time of the first payment of support under the order to the number of months remaining in the calendar year and thereafter collect all fees as provided in this subsection during the month of January of each year. (3) (A) Payments made for this fee shall be made on an annual basis in the form of a check or money order payable to the clerk of the court or other such legal tender that the clerk may accept. (B) This fee payment shall be separate and apart from the support payment, and under no circumstances shall the support payment be reduced to fulfill the payment of this fee. (4) Upon the nonpayment of the annual fee by the noncustodial parent within ninety (90) days, the clerk may notify the payor under the order of income withholding for child support who shall withhold the fee in addition to any support and remit it to the clerk. (5) (A) All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter. (B) (i) Until all necessary data processing equipment has been acquired, at least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter. (ii) The acquisition and update of software for the automated data system shall be a permitted use of these funds. (C) (i) All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "support collection costs fund". (ii) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court. (c) The clerk of the court shall maintain accurate records of all support orders and payments under this section. (d) The clerk may accept the support payment in any form of cash or commercial paper, including personal checks, and may require that the custodial parent or nonobligated spouse be named as payee thereon. Acts 1979, No. 71, § 1; 1985, No. 988, § 2; A.S.A. 1947, § 34-706.1; Acts 1987, No. 599, § 2; 1989 (3rd Ex. Sess.), No. 54, § 2; 1991, No. 1008, § 1; 1991, No. 1098, § 1; 1991, No. 1102, § 1; 1995, No. 1091, § 2; 1997, No. 208, § 6; 1997, No. 1296, §§ 5, 6; 1999, No. 1514, § 1

(a) (1) (A) Subsequent to the execution of an acknowledgment of paternity by the father and mother of a child pursuant to § 20-18-408 or § 20-18-409 , or a similar acknowledgment executed during the child's minority, or subsequent to a finding by the court that the putative father in a paternity action is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit court as if it were a case involving a child born of a marriage in awarding custody, visitation, setting amounts of support, costs, and attorney's fees, and directing payments through the clerk of the court, or through the Arkansas Child Support Clearinghouse if the case was brought pursuant to Title IV-D of the Social Security Act 42 U.S.C. § 651 et seq. (B) All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq. (2) The court may provide for the payment of support beyond the eighteenth birthday of the child to address the educational needs of a child whose eighteenth birthday falls prior to graduation from high school so long as such support is conditional on the child's remaining in school. (3) The court may also provide for the continuation of support for an individual with a disability that affects the ability of the individual to live independently from the custodial parent.

(1) (A) Subsequent to the execution of an acknowledgment of paternity by the father and mother of a child pursuant to § 20-18-408 or § 20-18-409 , or a similar acknowledgment executed during the child's minority, or subsequent to a finding by the court that the putative father in a paternity action is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit court as if it were a case involving a child born of a marriage in awarding custody, visitation, setting amounts of support, costs, and attorney's fees, and directing payments through the clerk of the court, or through the Arkansas Child Support Clearinghouse if the case was brought pursuant to Title IV-D of the Social Security Act 42 U.S.C. § 651 et seq. (B) All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq.

(A) Subsequent to the execution of an acknowledgment of paternity by the father and mother of a child pursuant to § 20-18-408 or § 20-18-409 , or a similar acknowledgment executed during the child's minority, or subsequent to a finding by the court that the putative father in a paternity action is the father of the child, the court shall follow the same guidelines, procedures, and requirements as set forth in the laws of this state applicable to child support orders and judgments entered by the circuit court as if it were a case involving a child born of a marriage in awarding custody, visitation, setting amounts of support, costs, and attorney's fees, and directing payments through the clerk of the court, or through the Arkansas Child Support Clearinghouse if the case was brought pursuant to Title IV-D of the Social Security Act 42 U.S.C. § 651 et seq.

(B) All child support payments paid by income withholding shall be subject to the provisions set forth in § 9-14-801 et seq.

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

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

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

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

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

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

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

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

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

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

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

(5) (A) All moneys collected by the clerk as a fee as provided in this subsection shall be used by the clerk's office to offset administrative costs as a result of this subchapter. (B) (i) Until all necessary data processing equipment has been acquired, at least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter. (ii) The acquisition and update of software for the automated data system shall be a permitted use of these funds. (C) (i) All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "support collection costs fund". (ii) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court.

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

(B) (i) Until all necessary data processing equipment has been acquired, at least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter. (ii) The acquisition and update of software for the automated data system shall be a permitted use of these funds.

(i) Until all necessary data processing equipment has been acquired, at least twenty percent (20%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated data system for use in administering the requirements of this subchapter.

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

(C) (i) All fees collected under this subsection shall be paid into the county treasury to the credit of the fund to be known as the "support collection costs fund". (ii) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court.

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

(ii) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this subdivision (b)(5) by the quorum court at the direction of the clerk of the court.

(c) The clerk of the court shall maintain accurate records of all support orders and payments under this section.

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

Acts 1979, No. 71, § 1; 1985, No. 988, § 2; A.S.A. 1947, § 34-706.1; Acts 1987, No. 599, § 2; 1989 (3rd Ex. Sess.), No. 54, § 2; 1991, No. 1008, § 1; 1991, No. 1098, § 1; 1991, No. 1102, § 1; 1995, No. 1091, § 2; 1997, No. 208, § 6; 1997, No. 1296, §§ 5, 6; 1999, No. 1514, § 1
Ark. Code Ann. § 9-4-103 — AR Code / Title 9 / Chapter 4 / Section 9-4-103
Duties of the Arkansas Child Abuse/Rape/Domestic Violence Commission
Status: in_force

(a) Regarding the administration of the Domestic Peace Fund and an entity receiving funding under this chapter, the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee, to the extent funding is appropriated and available, shall: (1) Annually evaluate each shelter for compliance with the program, fiscal, and training requirements under this chapter; (2) Promulgate rules, procedures, and forms for the evaluation of each shelter; (3) Adopt a uniform system of recordkeeping to ensure the proper handling of funds by shelters; (4) Provide training and technical assistance to shelters to ensure minimum standards of service delivery; (5) Serve as a clearinghouse for information relating to domestic abuse; and (6) Provide educational programs on domestic abuse for the benefit of the general public, victims, specific groups of persons, and other persons as needed. (b) (1) The commission may enter into contracts with any entity to fulfill its duties under this chapter. (2) The entity must meet the following requirements: (A) The entity is organized as a statewide nonprofit corporation that provides services, community education, and technical assistance to domestic violence shelters in the state; and (B) The entity is affiliated with one (1) or more of the following: (i) The National Coalition Against Domestic Violence; (ii) The National Network to End Domestic Violence; or (iii) The Battered Women's Justice Project. Amended by Act 2019, No. 315,§ 702, eff. 7/24/2019. Acts 2003, No. 1276, § 1

(a) Regarding the administration of the Domestic Peace Fund and an entity receiving funding under this chapter, the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee, to the extent funding is appropriated and available, shall: (1) Annually evaluate each shelter for compliance with the program, fiscal, and training requirements under this chapter; (2) Promulgate rules, procedures, and forms for the evaluation of each shelter; (3) Adopt a uniform system of recordkeeping to ensure the proper handling of funds by shelters; (4) Provide training and technical assistance to shelters to ensure minimum standards of service delivery; (5) Serve as a clearinghouse for information relating to domestic abuse; and (6) Provide educational programs on domestic abuse for the benefit of the general public, victims, specific groups of persons, and other persons as needed.

(1) Annually evaluate each shelter for compliance with the program, fiscal, and training requirements under this chapter;

(2) Promulgate rules, procedures, and forms for the evaluation of each shelter;

(3) Adopt a uniform system of recordkeeping to ensure the proper handling of funds by shelters;

(4) Provide training and technical assistance to shelters to ensure minimum standards of service delivery;

(5) Serve as a clearinghouse for information relating to domestic abuse; and

(6) Provide educational programs on domestic abuse for the benefit of the general public, victims, specific groups of persons, and other persons as needed.

(b) (1) The commission may enter into contracts with any entity to fulfill its duties under this chapter. (2) The entity must meet the following requirements: (A) The entity is organized as a statewide nonprofit corporation that provides services, community education, and technical assistance to domestic violence shelters in the state; and (B) The entity is affiliated with one (1) or more of the following: (i) The National Coalition Against Domestic Violence; (ii) The National Network to End Domestic Violence; or (iii) The Battered Women's Justice Project.

(1) The commission may enter into contracts with any entity to fulfill its duties under this chapter.

(2) The entity must meet the following requirements: (A) The entity is organized as a statewide nonprofit corporation that provides services, community education, and technical assistance to domestic violence shelters in the state; and (B) The entity is affiliated with one (1) or more of the following: (i) The National Coalition Against Domestic Violence; (ii) The National Network to End Domestic Violence; or (iii) The Battered Women's Justice Project.

(A) The entity is organized as a statewide nonprofit corporation that provides services, community education, and technical assistance to domestic violence shelters in the state; and

(B) The entity is affiliated with one (1) or more of the following: (i) The National Coalition Against Domestic Violence; (ii) The National Network to End Domestic Violence; or (iii) The Battered Women's Justice Project.

(i) The National Coalition Against Domestic Violence;

(ii) The National Network to End Domestic Violence; or

(iii) The Battered Women's Justice Project.

Amended by Act 2019, No. 315,§ 702, eff. 7/24/2019.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-32-101 — AR Code / Title 9 / Chapter 32 / Subchapter 1 / Section 9-32-101
Collaboration of state agencies to form and implement statewide child abduction response teams
Status: in_force

(a) (1) The following agencies shall collaborate in a multiagency effort to rescue abducted or endangered children, implement one (1) or more statewide child abduction response teams, and allocate the respective resources of each agency to cases involving missing or endangered children: (A) Office of the Attorney General; (B) Division of Arkansas State Police; (C) Criminal Justice Institute; (D) Arkansas State Game and Fish Commission; (E) Arkansas Sheriffs' Association; (F) Division of Emergency Management; (G) Arkansas Association of Chiefs of Police; (H) Division of Community Correction; and (I) Office of the Prosecutor Coordinator. (2) Each agency listed under subdivision (a)(1) of this section shall: (A) Execute a memorandum of understanding concerning the guidelines for the implementation of one (1) or more statewide child abduction response teams; and (B) Respectively coordinate the available resources of the agency to implement one (1) or more statewide child abduction response teams and adhere to the executed memorandum of understanding. (b) The Division of Arkansas State Police shall: (1) Assemble one (1) or more statewide child abduction response teams; and (2) Ensure that the agencies listed under subsection (a) of this section work in partnership to: (A) Respond to child abduction incidents; and (B) Provide preventative measures for child abduction. (c) The Criminal Justice Institute shall coordinate the certification and recertification of each statewide child abduction response team. Amended by Act 2019, No. 913,§ 1, eff. 7/24/2019.

(a) (1) The following agencies shall collaborate in a multiagency effort to rescue abducted or endangered children, implement one (1) or more statewide child abduction response teams, and allocate the respective resources of each agency to cases involving missing or endangered children: (A) Office of the Attorney General; (B) Division of Arkansas State Police; (C) Criminal Justice Institute; (D) Arkansas State Game and Fish Commission; (E) Arkansas Sheriffs' Association; (F) Division of Emergency Management; (G) Arkansas Association of Chiefs of Police; (H) Division of Community Correction; and (I) Office of the Prosecutor Coordinator. (2) Each agency listed under subdivision (a)(1) of this section shall: (A) Execute a memorandum of understanding concerning the guidelines for the implementation of one (1) or more statewide child abduction response teams; and (B) Respectively coordinate the available resources of the agency to implement one (1) or more statewide child abduction response teams and adhere to the executed memorandum of understanding.

(1) The following agencies shall collaborate in a multiagency effort to rescue abducted or endangered children, implement one (1) or more statewide child abduction response teams, and allocate the respective resources of each agency to cases involving missing or endangered children: (A) Office of the Attorney General; (B) Division of Arkansas State Police; (C) Criminal Justice Institute; (D) Arkansas State Game and Fish Commission; (E) Arkansas Sheriffs' Association; (F) Division of Emergency Management; (G) Arkansas Association of Chiefs of Police; (H) Division of Community Correction; and (I) Office of the Prosecutor Coordinator.

(A) Office of the Attorney General;

(B) Division of Arkansas State Police;

(C) Criminal Justice Institute;

(D) Arkansas State Game and Fish Commission;

(E) Arkansas Sheriffs' Association;

(F) Division of Emergency Management;

(G) Arkansas Association of Chiefs of Police;

(H) Division of Community Correction; and

(I) Office of the Prosecutor Coordinator.

(2) Each agency listed under subdivision (a)(1) of this section shall: (A) Execute a memorandum of understanding concerning the guidelines for the implementation of one (1) or more statewide child abduction response teams; and (B) Respectively coordinate the available resources of the agency to implement one (1) or more statewide child abduction response teams and adhere to the executed memorandum of understanding.

(A) Execute a memorandum of understanding concerning the guidelines for the implementation of one (1) or more statewide child abduction response teams; and

(B) Respectively coordinate the available resources of the agency to implement one (1) or more statewide child abduction response teams and adhere to the executed memorandum of understanding.

(b) The Division of Arkansas State Police shall: (1) Assemble one (1) or more statewide child abduction response teams; and (2) Ensure that the agencies listed under subsection (a) of this section work in partnership to: (A) Respond to child abduction incidents; and (B) Provide preventative measures for child abduction.

(1) Assemble one (1) or more statewide child abduction response teams; and

(2) Ensure that the agencies listed under subsection (a) of this section work in partnership to: (A) Respond to child abduction incidents; and (B) Provide preventative measures for child abduction.

(A) Respond to child abduction incidents; and

(B) Provide preventative measures for child abduction.

(c) The Criminal Justice Institute shall coordinate the certification and recertification of each statewide child abduction response team.

Amended by Act 2019, No. 913,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 9-15-214 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-214
Denial of relief prohibited
Status: in_force

The circuit court shall not deny a petitioner relief solely because the act of domestic or family violence and the filing of the petition did not occur within one hundred twenty (120) days. Acts 1999, No. 1551, § 7

The circuit court shall not deny a petitioner relief solely because the act of domestic or family violence and the filing of the petition did not occur within one hundred twenty (120) days.

Acts 1999, No. 1551, § 7
Ark. Code Ann. § 9-20-114 — AR Code / Title 9 / Chapter 20 / Section 9-20-114
Emergency custody
Status: in_force

(a) The Department of Human Services or a law enforcement official may take a maltreated adult into emergency custody, or any person in charge of a hospital or similar institution or any physician treating any maltreated adult may keep the maltreated adult in custody, whether or not medical treatment is required, if the circumstances or condition of the maltreated adult are such that returning to or continuing at the maltreated adult's place of residence or in the care or custody of a parent, guardian, or other person responsible for the maltreated adult's care presents imminent danger to the maltreated adult's health or safety, and the maltreated adult either: (1) Lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents imminent danger to his or her health or safety; or (2) Has a mental impairment or a physical impairment that prevents the maltreated adult from protecting himself or herself from imminent danger to his or her health or safety. (b) Emergency custody shall not exceed seventy-two (72) hours unless the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody shall be extended through the next business day following the weekend or holiday. (c) A person who takes a maltreated adult into emergency custody shall notify the department immediately upon taking the adult into emergency custody. (d) The department may release custody of an adult within the seventy-two (72) hours if the adult is no longer in circumstances or conditions that present imminent danger to the adult's health or safety. (e) (1) If emergency custody is exercised under this section, the person exercising the custody or an authorized employee of the department may consent to having the maltreated adult transported by a law enforcement officer or by an emergency medical services provider if medically appropriate, even if the adult objects. (2) No court order shall be required for transport by law enforcement or an emergency medical services provider. (3) A law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider are immune from criminal and civil liability for injury, death, or loss that allegedly arises from good faith action taken in accordance with this subsection. (4) There is a presumption of good faith on the part of a law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider that act in accordance with subdivisions (e)(1) and (2) of this section. Amended by Act 2017, No. 579,§ 2, eff. 8/1/2017 Acts 2005, No. 1811, § 1; 2007, No. 283, § 2; 2007, No. 497, § 3

(a) The Department of Human Services or a law enforcement official may take a maltreated adult into emergency custody, or any person in charge of a hospital or similar institution or any physician treating any maltreated adult may keep the maltreated adult in custody, whether or not medical treatment is required, if the circumstances or condition of the maltreated adult are such that returning to or continuing at the maltreated adult's place of residence or in the care or custody of a parent, guardian, or other person responsible for the maltreated adult's care presents imminent danger to the maltreated adult's health or safety, and the maltreated adult either: (1) Lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents imminent danger to his or her health or safety; or (2) Has a mental impairment or a physical impairment that prevents the maltreated adult from protecting himself or herself from imminent danger to his or her health or safety.

(1) Lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents imminent danger to his or her health or safety; or

(2) Has a mental impairment or a physical impairment that prevents the maltreated adult from protecting himself or herself from imminent danger to his or her health or safety.

(b) Emergency custody shall not exceed seventy-two (72) hours unless the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody shall be extended through the next business day following the weekend or holiday.

(c) A person who takes a maltreated adult into emergency custody shall notify the department immediately upon taking the adult into emergency custody.

(d) The department may release custody of an adult within the seventy-two (72) hours if the adult is no longer in circumstances or conditions that present imminent danger to the adult's health or safety.

(e) (1) If emergency custody is exercised under this section, the person exercising the custody or an authorized employee of the department may consent to having the maltreated adult transported by a law enforcement officer or by an emergency medical services provider if medically appropriate, even if the adult objects. (2) No court order shall be required for transport by law enforcement or an emergency medical services provider. (3) A law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider are immune from criminal and civil liability for injury, death, or loss that allegedly arises from good faith action taken in accordance with this subsection. (4) There is a presumption of good faith on the part of a law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider that act in accordance with subdivisions (e)(1) and (2) of this section.

(1) If emergency custody is exercised under this section, the person exercising the custody or an authorized employee of the department may consent to having the maltreated adult transported by a law enforcement officer or by an emergency medical services provider if medically appropriate, even if the adult objects.

(2) No court order shall be required for transport by law enforcement or an emergency medical services provider.

(3) A law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider are immune from criminal and civil liability for injury, death, or loss that allegedly arises from good faith action taken in accordance with this subsection.

(4) There is a presumption of good faith on the part of a law enforcement officer, an emergency medical services provider, and the employees of an emergency medical services provider that act in accordance with subdivisions (e)(1) and (2) of this section.

Amended by Act 2017, No. 579,§ 2, eff. 8/1/2017

Acts 2005, No. 1811, § 1; 2007, No. 283, § 2; 2007, No. 497, § 3
Ark. Code Ann. § 9-30-108 — AR Code / Title 9 / Chapter 30 / Section 9-30-108
Criteria for grants or loans
Status: in_force

Regarding the Children's Trust Fund, in making grants or loans to a local council, the Department of Human Services shall consider the degree to which the local council meets the following criteria: (1) (A) Has as its primary purpose the development and facilitation of a community prevention program in a specific geographical area. (B) The prevention programs shall utilize trained volunteers and existing community resources wherever practicable; (2) Does not provide direct services except on a demonstration project basis, or as a facilitator of interagency projects; and (3) Demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance. Amended by Act 2017, No. 897,§ 10, eff. 7/1/2017 Acts 1987, No. 397, § 10; 2003, No. 1224, § 2

Regarding the Children's Trust Fund, in making grants or loans to a local council, the Department of Human Services shall consider the degree to which the local council meets the following criteria:

(1) (A) Has as its primary purpose the development and facilitation of a community prevention program in a specific geographical area. (B) The prevention programs shall utilize trained volunteers and existing community resources wherever practicable;

(A) Has as its primary purpose the development and facilitation of a community prevention program in a specific geographical area.

(B) The prevention programs shall utilize trained volunteers and existing community resources wherever practicable;

(2) Does not provide direct services except on a demonstration project basis, or as a facilitator of interagency projects; and

(3) Demonstrates a willingness and ability to provide prevention program models and consultation to organizations and communities regarding prevention program development and maintenance.

Amended by Act 2017, No. 897,§ 10, eff. 7/1/2017

Acts 1987, No. 397, § 10; 2003, No. 1224, § 2
Ark. Code Ann. § 9-28-1302 — AR Code / Title 9 / Chapter 28 / Subchapter 13 / Section 9-28-1302
Quality of care - Quality assurance reviews
Status: in_force

(a) The Department of Human Services shall promulgate rules setting minimum standards and metrics governing the quality of care provided by a regulated facility to a child. (b) Quality of care standards shall include that a regulated facility shall provide: (1) Trauma-informed programming and clinical services and, when applicable, evidence-based treatments; (2) Services that will be short-term, target treatment episodes to reduce the likelihood of re-entry into residential treatment settings; (3) Services that are family-driven and youth-guided; (4) Mental health services and clinical services provided by clinical staff as appropriate for the child's needs; (5) Educational services in compliance with state and federal law and rules of the Department of Education; (6) Coordination of all needs including medical, dental, and other needs; and (7) Clinical discharge planning throughout the child's stay that includes the custodian and child involvement. (c) (1) The Department of Human Services and its designees may inspect and investigate the quality of care for behavioral health provided to any child admitted to a regulated facility, whether or not the child is an Arkansas resident. (2) The Department of Human Services or any other public agency having authority or responsibility with respect to child maltreatment, including without limitation the Medicaid Fraud Control Unit of the Attorney General's office, may investigate any alleged or suspected child maltreatment in any regulated facility. (d) The Department of Human Services shall conduct quality assurance reviews for each regulated facility, consisting of the following: (1) A review of treatment structure including without limitation: (A) Observation of paraprofessional and direct-care staff interaction with patients; (B) Review of daily activity structure outside of school and treatment; (C) Review of paraprofessional and direct-care staff training and personnel records; (D) Review of staff-to-client ratios; and (E) Completion of client interviews; (2) An analysis of referral data, statistics, and psychotropic medication prescriptions; (3) An on-site visit of a regulated facility's operation, to be conducted at least once per year; and (4) Technical assistance and ongoing quality assurance and collaboration as needed. (e) This subchapter does not require any additional licensure or certification for a regulated facility. Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.

(a) The Department of Human Services shall promulgate rules setting minimum standards and metrics governing the quality of care provided by a regulated facility to a child.

(b) Quality of care standards shall include that a regulated facility shall provide: (1) Trauma-informed programming and clinical services and, when applicable, evidence-based treatments; (2) Services that will be short-term, target treatment episodes to reduce the likelihood of re-entry into residential treatment settings; (3) Services that are family-driven and youth-guided; (4) Mental health services and clinical services provided by clinical staff as appropriate for the child's needs; (5) Educational services in compliance with state and federal law and rules of the Department of Education; (6) Coordination of all needs including medical, dental, and other needs; and (7) Clinical discharge planning throughout the child's stay that includes the custodian and child involvement.

(1) Trauma-informed programming and clinical services and, when applicable, evidence-based treatments;

(2) Services that will be short-term, target treatment episodes to reduce the likelihood of re-entry into residential treatment settings;

(3) Services that are family-driven and youth-guided;

(4) Mental health services and clinical services provided by clinical staff as appropriate for the child's needs;

(5) Educational services in compliance with state and federal law and rules of the Department of Education;

(6) Coordination of all needs including medical, dental, and other needs; and

(7) Clinical discharge planning throughout the child's stay that includes the custodian and child involvement.

(c) (1) The Department of Human Services and its designees may inspect and investigate the quality of care for behavioral health provided to any child admitted to a regulated facility, whether or not the child is an Arkansas resident. (2) The Department of Human Services or any other public agency having authority or responsibility with respect to child maltreatment, including without limitation the Medicaid Fraud Control Unit of the Attorney General's office, may investigate any alleged or suspected child maltreatment in any regulated facility.

(1) The Department of Human Services and its designees may inspect and investigate the quality of care for behavioral health provided to any child admitted to a regulated facility, whether or not the child is an Arkansas resident.

(2) The Department of Human Services or any other public agency having authority or responsibility with respect to child maltreatment, including without limitation the Medicaid Fraud Control Unit of the Attorney General's office, may investigate any alleged or suspected child maltreatment in any regulated facility.

(d) The Department of Human Services shall conduct quality assurance reviews for each regulated facility, consisting of the following: (1) A review of treatment structure including without limitation: (A) Observation of paraprofessional and direct-care staff interaction with patients; (B) Review of daily activity structure outside of school and treatment; (C) Review of paraprofessional and direct-care staff training and personnel records; (D) Review of staff-to-client ratios; and (E) Completion of client interviews; (2) An analysis of referral data, statistics, and psychotropic medication prescriptions; (3) An on-site visit of a regulated facility's operation, to be conducted at least once per year; and (4) Technical assistance and ongoing quality assurance and collaboration as needed.

(1) A review of treatment structure including without limitation: (A) Observation of paraprofessional and direct-care staff interaction with patients; (B) Review of daily activity structure outside of school and treatment; (C) Review of paraprofessional and direct-care staff training and personnel records; (D) Review of staff-to-client ratios; and (E) Completion of client interviews;

(A) Observation of paraprofessional and direct-care staff interaction with patients;

(B) Review of daily activity structure outside of school and treatment;

(C) Review of paraprofessional and direct-care staff training and personnel records;

(D) Review of staff-to-client ratios; and

(E) Completion of client interviews;

(2) An analysis of referral data, statistics, and psychotropic medication prescriptions;

(3) An on-site visit of a regulated facility's operation, to be conducted at least once per year; and

(4) Technical assistance and ongoing quality assurance and collaboration as needed.

(e) This subchapter does not require any additional licensure or certification for a regulated facility.

Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 9-14-109 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-109
Automatic assignment of rights
Status: in_force

(a) By accepting public assistance for or on behalf of a dependent child, which public assistance is provided by the Department of Human Services under the Transitional Employment Assistance Program, i.e., Temporary Assistance for Needy Families Program, the recipient thereof shall be deemed to have assigned to the appropriate division of the Department of Human Services and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration any rights to child support from any other person as the recipient may have: (1) In his or her own behalf or on behalf of any other family member for whom the recipient is receiving such assistance; and (2) Accrued at the time such assistance, or any portion thereof, is accepted, to the extent possible under federal law. (b) The appropriate division of the Department of Human Services shall give notice in writing to each applicant for such assistance. The notice shall state that acceptance of the assistance will invoke the provisions of subsection (a) of this section and will result in an automatic assignment under subsection (a) of this section. (c) When a child is placed in the custody of the Department of Human Services, any right to support from any person on behalf of the child shall be deemed to have been assigned to the appropriate division of the Department of Human Services and the office for the period of time that the child remains in the custody of the state. Acts 1997, No. 1296, § 14; 2001, No. 1248, § 5

(a) By accepting public assistance for or on behalf of a dependent child, which public assistance is provided by the Department of Human Services under the Transitional Employment Assistance Program, i.e., Temporary Assistance for Needy Families Program, the recipient thereof shall be deemed to have assigned to the appropriate division of the Department of Human Services and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration any rights to child support from any other person as the recipient may have: (1) In his or her own behalf or on behalf of any other family member for whom the recipient is receiving such assistance; and (2) Accrued at the time such assistance, or any portion thereof, is accepted, to the extent possible under federal law.

(1) In his or her own behalf or on behalf of any other family member for whom the recipient is receiving such assistance; and

(2) Accrued at the time such assistance, or any portion thereof, is accepted, to the extent possible under federal law.

(b) The appropriate division of the Department of Human Services shall give notice in writing to each applicant for such assistance. The notice shall state that acceptance of the assistance will invoke the provisions of subsection (a) of this section and will result in an automatic assignment under subsection (a) of this section.

(c) When a child is placed in the custody of the Department of Human Services, any right to support from any person on behalf of the child shall be deemed to have been assigned to the appropriate division of the Department of Human Services and the office for the period of time that the child remains in the custody of the state.

Acts 1997, No. 1296, § 14; 2001, No. 1248, § 5
Ark. Code Ann. § 9-25-101 — AR Code / Title 9 / Chapter 25 / Section 9-25-101
Age of majority - Exceptions
Status: in_force

(a) All persons of the age of eighteen (18) years shall be considered to have reached the age of majority and be of full age for all purposes. Until the age of eighteen (18) years is attained, they shall be considered minors. (b) (1) Any law of the State of Arkansas that presently requires a person to be of a minimum age of twenty-one (21) years to enjoy any privilege or right or to do any act or to participate in any event, election, or other activity shall be deemed to require that person to be of a minimum age of eighteen (18) years. (2) However, this section shall not repeal, amend, or otherwise affect any existing laws concerning or in any way relating to beer, wines, spirituous, vinous, malt liquors, or other alcoholic beverages, tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers, and the sale thereof to persons under twenty-one (21) years of age. Amended by Act 2019, No. 580,§ 5, eff. 9/1/2019. Acts 1873, No. 78, § 1, p. 185; C. & M. Dig., § 4986; Pope's Dig., § 6215; Acts 1975, No. 892, § 1; A.S.A. 1947, § 57-103

(a) All persons of the age of eighteen (18) years shall be considered to have reached the age of majority and be of full age for all purposes. Until the age of eighteen (18) years is attained, they shall be considered minors.

(b) (1) Any law of the State of Arkansas that presently requires a person to be of a minimum age of twenty-one (21) years to enjoy any privilege or right or to do any act or to participate in any event, election, or other activity shall be deemed to require that person to be of a minimum age of eighteen (18) years. (2) However, this section shall not repeal, amend, or otherwise affect any existing laws concerning or in any way relating to beer, wines, spirituous, vinous, malt liquors, or other alcoholic beverages, tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers, and the sale thereof to persons under twenty-one (21) years of age.

(1) Any law of the State of Arkansas that presently requires a person to be of a minimum age of twenty-one (21) years to enjoy any privilege or right or to do any act or to participate in any event, election, or other activity shall be deemed to require that person to be of a minimum age of eighteen (18) years.

(2) However, this section shall not repeal, amend, or otherwise affect any existing laws concerning or in any way relating to beer, wines, spirituous, vinous, malt liquors, or other alcoholic beverages, tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers, and the sale thereof to persons under twenty-one (21) years of age.

Amended by Act 2019, No. 580,§ 5, eff. 9/1/2019.

Acts 1873, No. 78, § 1, p. 185; C. & M. Dig., § 4986; Pope's Dig., § 6215; Acts 1975, No. 892, § 1; A.S.A. 1947, § 57-103
Ark. Code Ann. § 9-9-202 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-202
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Child" means a son or daughter, whether by birth or by adoption; (2) "Court" means all probate divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 - 9-27-339 , 9-27-340 [repealed], and 9-27-341 - 9-27-345 and, when the context requires, means the court of any other state empowered to grant petitions for adoption; (3) "Minor" means an individual under the age of eighteen (18) years; (4) "Adult" means any individual who is not a minor; (5) "Agency" means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption; (6) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity; (7) "Abandonment" means the failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable presumption of abandonment; (8) "Neglect" means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child: (a) To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or (b) To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child's well-being, which causes or threatens to cause the significant impairment of the child's physical, mental, or emotional health, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment; (9) "Refusal to consent" means the unreasonable refusal to consent by a parent not having custody of a child to the termination of parental rights contrary to the best interest of the child; (10) "Abuse" means any injury, sexual abuse, or sexual exploitation inflicted by a person upon a child other than by accidental means, or an injury which is at variance with the history given of it. Acts 1977, No. 735, § 2; 1985, No. 879, § 1; A.S.A. 1947, § 56-202; Acts 1993, No. 758, § 2

As used in this subchapter, unless the context otherwise requires:

(1) "Child" means a son or daughter, whether by birth or by adoption;

(2) "Court" means all probate divisions of circuit courts in this state, or the juvenile divisions of circuit courts when exercising jurisdiction over adoption cases pursuant to §§ 9-27-301 - 9-27-339 , 9-27-340 [repealed], and 9-27-341 - 9-27-345 and, when the context requires, means the court of any other state empowered to grant petitions for adoption;

(3) "Minor" means an individual under the age of eighteen (18) years;

(4) "Adult" means any individual who is not a minor;

(5) "Agency" means any person certified, licensed, or otherwise specially empowered by law or rule to place minors for adoption;

(6) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity;

(7) "Abandonment" means the failure of the parent to provide reasonable support and to maintain regular contact with the child through statement or contact, when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future, and failure to support or maintain regular contact with the child without just cause for a period of one (1) year shall constitute a rebuttable presumption of abandonment;

(8) "Neglect" means the failure or refusal, including acts or omissions, of a person legally responsible for the care and maintenance of a child: (a) To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or (b) To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child's well-being, which causes or threatens to cause the significant impairment of the child's physical, mental, or emotional health, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment;

(a) To prevent the abuse of the child when the person legally responsible knows or has reasonable cause to know the child is or has been abused; or

(b) To provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the child's well-being, which causes or threatens to cause the significant impairment of the child's physical, mental, or emotional health, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected, or when the child is being furnished with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized religious denomination by a duly accredited practitioner thereof in lieu of medical treatment;

(9) "Refusal to consent" means the unreasonable refusal to consent by a parent not having custody of a child to the termination of parental rights contrary to the best interest of the child;

(10) "Abuse" means any injury, sexual abuse, or sexual exploitation inflicted by a person upon a child other than by accidental means, or an injury which is at variance with the history given of it.

Acts 1977, No. 735, § 2; 1985, No. 879, § 1; A.S.A. 1947, § 56-202; Acts 1993, No. 758, § 2
Ark. Code Ann. § 9-15-204 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-204
Hearing - Service
Status: in_force

(a) (1) When a petition for an order of protection is filed pursuant to this chapter, the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition for an order of protection is filed or at the next court date, whichever is later. (2) A denial of an ex parte temporary order of relief does not deny the petitioner the right to a full hearing on the merits. (b) (1) Service of a copy of the petition, the ex parte temporary order of protection, if issued, and notice of the date and place set for the hearing described in subdivision (a)(1) of this section shall be made upon the respondent: (A) At least five (5) days before the date of the hearing; and (B) In accordance with the applicable rules of service under the Arkansas Rules of Civil Procedure. (2) If service cannot be made on the respondent, the court may set a new date for the hearing. (c) This section does not preclude the court from setting an earlier hearing. Amended by Act 2023, No. 111,§ 1, eff. 8/1/2023. Acts 1991, No. 266, § 4; 1997, No. 895, § 1; 2009, No. 698, § 5

(a) (1) When a petition for an order of protection is filed pursuant to this chapter, the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition for an order of protection is filed or at the next court date, whichever is later. (2) A denial of an ex parte temporary order of relief does not deny the petitioner the right to a full hearing on the merits.

(1) When a petition for an order of protection is filed pursuant to this chapter, the court shall order a hearing to be held on the petition for the order of protection not later than thirty (30) days from the date on which the petition for an order of protection is filed or at the next court date, whichever is later.

(2) A denial of an ex parte temporary order of relief does not deny the petitioner the right to a full hearing on the merits.

(b) (1) Service of a copy of the petition, the ex parte temporary order of protection, if issued, and notice of the date and place set for the hearing described in subdivision (a)(1) of this section shall be made upon the respondent: (A) At least five (5) days before the date of the hearing; and (B) In accordance with the applicable rules of service under the Arkansas Rules of Civil Procedure. (2) If service cannot be made on the respondent, the court may set a new date for the hearing.

(1) Service of a copy of the petition, the ex parte temporary order of protection, if issued, and notice of the date and place set for the hearing described in subdivision (a)(1) of this section shall be made upon the respondent: (A) At least five (5) days before the date of the hearing; and (B) In accordance with the applicable rules of service under the Arkansas Rules of Civil Procedure.

(A) At least five (5) days before the date of the hearing; and

(B) In accordance with the applicable rules of service under the Arkansas Rules of Civil Procedure.

(2) If service cannot be made on the respondent, the court may set a new date for the hearing.

(c) This section does not preclude the court from setting an earlier hearing.

Amended by Act 2023, No. 111,§ 1, eff. 8/1/2023.

Acts 1991, No. 266, § 4; 1997, No. 895, § 1; 2009, No. 698, § 5
Ark. Code Ann. § 9-13-109 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-109
Drug testing - Proceedings concerning child custody, visitation, or welfare of child - Definition
Status: in_force

(a) For purposes of this section, "drug" means any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq. (b) In a proceeding concerning child custody, child visitation, or the welfare of a child, the court may order drug testing of a party upon application of a party or by its own motion. (c) The court may assess the cost of the drug testing to a party or parties or otherwise order or arrange payment of the cost of drug testing. Acts 2005, No. 430, § 1

(a) For purposes of this section, "drug" means any controlled substance as defined by the Uniform Controlled Substances Act, § 5-64-101 et seq.

(b) In a proceeding concerning child custody, child visitation, or the welfare of a child, the court may order drug testing of a party upon application of a party or by its own motion.

(c) The court may assess the cost of the drug testing to a party or parties or otherwise order or arrange payment of the cost of drug testing.

Acts 2005, No. 430, § 1
Ark. Code Ann. § 9-12-317 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-317
Dissolution of estates by the entirety or survivorship
Status: in_force

(a) Hereafter, when any circuit court in this state renders a final decree of divorce, any estate by the entirety or survivorship in real or personal property held by the parties to the divorce shall be automatically dissolved unless the court order specifically provides otherwise, and in the division and partition of the property, the parties shall be treated as tenants in common. (b) Notwithstanding subsection (a) of this section or any other law to the contrary, when one (1) of the parties to the estate by the entirety has been found guilty or has pleaded guilty or nolo contendere to a felony during the marriage and within three (3) years of filing the complaint for divorce and the other party to the divorce did not benefit from the felony, the circuit judge may award the property to the spouse who did not commit the felony or to both parties in any proportion deemed equitable by the circuit judge. (c) However, when a circuit court in this state renders an absolute divorce from the bonds of matrimony or a divorce from bed and board, and the court dissolves estates by the entirety or survivorship in real or personal property under this section, the court may distribute the property as provided in § 9-12-315 . The court shall set forth its reasons in writing in the decree for making an other than equal distribution to each party, when all the property is considered together, taking into account the factors enumerated in § 9-12-315(a)(1) . Acts 1947, No. 340, § 1; 1975, No. 457, § 1; A.S.A. 1947, § 34-1215; Acts 1991, No. 1160, § 1; 1997, No. 1119, § 1

(a) Hereafter, when any circuit court in this state renders a final decree of divorce, any estate by the entirety or survivorship in real or personal property held by the parties to the divorce shall be automatically dissolved unless the court order specifically provides otherwise, and in the division and partition of the property, the parties shall be treated as tenants in common.

(b) Notwithstanding subsection (a) of this section or any other law to the contrary, when one (1) of the parties to the estate by the entirety has been found guilty or has pleaded guilty or nolo contendere to a felony during the marriage and within three (3) years of filing the complaint for divorce and the other party to the divorce did not benefit from the felony, the circuit judge may award the property to the spouse who did not commit the felony or to both parties in any proportion deemed equitable by the circuit judge.

(c) However, when a circuit court in this state renders an absolute divorce from the bonds of matrimony or a divorce from bed and board, and the court dissolves estates by the entirety or survivorship in real or personal property under this section, the court may distribute the property as provided in § 9-12-315 . The court shall set forth its reasons in writing in the decree for making an other than equal distribution to each party, when all the property is considered together, taking into account the factors enumerated in § 9-12-315(a)(1) .

Acts 1947, No. 340, § 1; 1975, No. 457, § 1; A.S.A. 1947, § 34-1215; Acts 1991, No. 1160, § 1; 1997, No. 1119, § 1
Ark. Code Ann. § 9-14-103 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-103
Quarterly report of funds, moneys, etc., received for child support
Status: in_force

(a) (1) (A) Upon application of any interested person to any judge of any court of record having jurisdiction of the cause of action, the court may require any person receiving as guardian of the person, either by adoption of law or order of any court, any funds, moneys, credits, goods, chattels, or anything of value for the support, maintenance, care, or custody of a minor child to file a verified quarterly report of all moneys or goods received therefor. (B) The report shall state the items, goods, or services, the date purchased, and from whom purchased. (2) The quarterly report shall be filed with the clerk of the court or other body rendering the original order or decree between the first and fifteenth day of the calendar month immediately following the end of each calendar quarter. (b) (1) This section shall apply to all awards, orders, or decrees made by any court or legally constituted body making such award. (2) Any report required to be made under this section shall be a public record. (c) It is the purpose of this section and the intention of the General Assembly that any funds, moneys, credits, chattels, goods, or anything of value that have been or are ordered, decreed, adjudged, adjudicated, or awarded for the use and benefit of any minor child shall be used and inure solely to the use and benefit of the minor child for which it is or was ordered paid. Acts 1969, No. 301, §§ 1-3; A.S.A. 1947, §§ 34-2443 -- 34-2445

(a) (1) (A) Upon application of any interested person to any judge of any court of record having jurisdiction of the cause of action, the court may require any person receiving as guardian of the person, either by adoption of law or order of any court, any funds, moneys, credits, goods, chattels, or anything of value for the support, maintenance, care, or custody of a minor child to file a verified quarterly report of all moneys or goods received therefor. (B) The report shall state the items, goods, or services, the date purchased, and from whom purchased. (2) The quarterly report shall be filed with the clerk of the court or other body rendering the original order or decree between the first and fifteenth day of the calendar month immediately following the end of each calendar quarter.

(1) (A) Upon application of any interested person to any judge of any court of record having jurisdiction of the cause of action, the court may require any person receiving as guardian of the person, either by adoption of law or order of any court, any funds, moneys, credits, goods, chattels, or anything of value for the support, maintenance, care, or custody of a minor child to file a verified quarterly report of all moneys or goods received therefor. (B) The report shall state the items, goods, or services, the date purchased, and from whom purchased.

(A) Upon application of any interested person to any judge of any court of record having jurisdiction of the cause of action, the court may require any person receiving as guardian of the person, either by adoption of law or order of any court, any funds, moneys, credits, goods, chattels, or anything of value for the support, maintenance, care, or custody of a minor child to file a verified quarterly report of all moneys or goods received therefor.

(B) The report shall state the items, goods, or services, the date purchased, and from whom purchased.

(2) The quarterly report shall be filed with the clerk of the court or other body rendering the original order or decree between the first and fifteenth day of the calendar month immediately following the end of each calendar quarter.

(b) (1) This section shall apply to all awards, orders, or decrees made by any court or legally constituted body making such award. (2) Any report required to be made under this section shall be a public record.

(1) This section shall apply to all awards, orders, or decrees made by any court or legally constituted body making such award.

(2) Any report required to be made under this section shall be a public record.

(c) It is the purpose of this section and the intention of the General Assembly that any funds, moneys, credits, chattels, goods, or anything of value that have been or are ordered, decreed, adjudged, adjudicated, or awarded for the use and benefit of any minor child shall be used and inure solely to the use and benefit of the minor child for which it is or was ordered paid.

Acts 1969, No. 301, §§ 1-3; A.S.A. 1947, §§ 34-2443 -- 34-2445
Ark. Code Ann. § 9-3-103 — AR Code / Title 9 / Chapter 3 / Section 9-3-103
Jurisdiction of courts
Status: in_force

Exclusive jurisdiction to declare a person a resident domiciled in the State of Arkansas is conferred upon the circuit courts. Acts 1941, No. 355, § 4; A.S.A. 1947, § 34-1304

Exclusive jurisdiction to declare a person a resident domiciled in the State of Arkansas is conferred upon the circuit courts.

Acts 1941, No. 355, § 4; A.S.A. 1947, § 34-1304
Ark. Code Ann. § 9-26-201 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-201
Definitions
Status: in_force

As used in this subchapter: (1) "Adult" means an individual who has attained the age of twenty-one (21) years. (2) "Benefit plan" means an employer's plan for the benefit of an employee or partner. (3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. (4) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. (5) "Court" means any circuit court of competent jurisdiction. (6) "Custodial property" means (i) any interest in property transferred to a custodian under this subchapter; and (ii) the income from and proceeds of that interest in property. (7) "Custodian" means a person so designated under § 9-26-209 or successor or substitute custodian designated under § 9-26-218 . (8) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law. (9) "Legal representative" means an individual's personal representative or conservator. (10) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption. (11) "Minor" means an individual who has not attained the age of twenty-one (21) years. (12) "Person" means an individual, corporation, organization, or other legal entity. (13) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. (14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. (15) "Transfer" means a transaction that creates custodial property under § 9-26-209 . (16) "Transferor" means a person who makes a transfer under this subchapter. (17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers. Acts 1985, No. 476, § 1; A.S.A. 1947, § 50-934

As used in this subchapter:

(1) "Adult" means an individual who has attained the age of twenty-one (21) years.

(2) "Benefit plan" means an employer's plan for the benefit of an employee or partner.

(3) "Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others.

(4) "Conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.

(5) "Court" means any circuit court of competent jurisdiction.

(6) "Custodial property" means (i) any interest in property transferred to a custodian under this subchapter; and (ii) the income from and proceeds of that interest in property.

(7) "Custodian" means a person so designated under § 9-26-209 or successor or substitute custodian designated under § 9-26-218 .

(8) "Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.

(9) "Legal representative" means an individual's personal representative or conservator.

(10) "Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

(11) "Minor" means an individual who has not attained the age of twenty-one (21) years.

(12) "Person" means an individual, corporation, organization, or other legal entity.

(13) "Personal representative" means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.

(14) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(15) "Transfer" means a transaction that creates custodial property under § 9-26-209 .

(16) "Transferor" means a person who makes a transfer under this subchapter.

(17) "Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.

Acts 1985, No. 476, § 1; A.S.A. 1947, § 50-934
Ark. Code Ann. § 9-29-205 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-205
Agreements with other states pursuant to the compact
Status: in_force

The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states under paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision, or agency thereof shall not be binding unless it has the approval in writing of the Secretary of the Department of Human Services in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state. Amended by Act 2019, No. 910,§ 5146, eff. 7/1/2019. Acts 1979, No. 677, § 5; A.S.A. 1947, § 83-1205

The officers and agencies of this state and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states under paragraph (b) of Article V of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision, or agency thereof shall not be binding unless it has the approval in writing of the Secretary of the Department of Human Services in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.

Amended by Act 2019, No. 910,§ 5146, eff. 7/1/2019.

Acts 1979, No. 677, § 5; A.S.A. 1947, § 83-1205
Ark. Code Ann. § 9-15-207 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-207
Order of protection - Enforcement - Penalties - Criminal jurisdiction
Status: in_force

(a) Any order of protection granted under this chapter is enforceable by a law enforcement agency with proper jurisdiction. (b) An order of protection shall include a notice to the respondent or party restrained that: (1) A violation of the order of protection is a Class A misdemeanor carrying a maximum penalty of one (1) year's imprisonment in the county jail or a fine of up to one thousand dollars ($1,000), or both; (2) A violation of an order of protection under this section within five (5) years of a previous conviction for violation of an order of protection is a Class D felony; (3) It is unlawful for an individual who is subject to an order of protection or convicted of a misdemeanor of domestic violence to ship, transport, or possess a firearm or ammunition under 18 U.S.C. § 922(g)(8) and (9) as it existed on January 1, 2019; (4) A conviction of violation of an order of protection under this section within five (5) years of a previous conviction for violation of an order of protection is a Class D felony; (5) A person who is a respondent or an enjoined party is restrained from harassing, stalking, or threatening a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party; and (6) A person who is a respondent or an enjoined party is restrained from engaging in other conduct that would place a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party in reasonable fear of bodily injury. (c) For respondents eighteen (18) years of age or older or emancipated minors, jurisdiction for the criminal offense of violating the terms of an order of protection is with the circuit court or other courts having jurisdiction over criminal matters. (d) (1) In the final order of protection, the petitioner's home or business address may be excluded from notice to the respondent. (2) A court shall also order that the petitioner's copy of the order of protection be excluded from any address where the respondent happens to reside. (e) A law enforcement officer shall not arrest a petitioner for the violation of an order of protection issued against a respondent. (f) When a law enforcement officer has probable cause to believe that a respondent has violated an order of protection and has been presented verification of the existence of the order of protection, the officer may arrest the respondent without a warrant whether or not the violation occurred in the presence of the officer if the order of protection was obtained according to this chapter and the Arkansas Rules of Criminal Procedure. (g) An order of protection issued by a court of competent jurisdiction in any county of this state is enforceable in every county of this state by any court or law enforcement officer. (h) An order of protection shall include either: (1) A finding that the respondent presents a credible threat to the physical safety of a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party; or (2) An explicit prohibition against the use, attempted use, or threatened use of physical force against the person named in the order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party which would reasonably be expected to cause bodily injury. Amended by Act 2019, No. 908,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 908,§ 1, eff. 7/24/2019. Acts 1991, No. 266, § 10; 1999, No. 1551, § 4; 2001, No. 1469, § 1; 2007, No. 676, § 2; 2009, No. 331, § 2; 2009, No. 698, § 8

(a) Any order of protection granted under this chapter is enforceable by a law enforcement agency with proper jurisdiction.

(b) An order of protection shall include a notice to the respondent or party restrained that: (1) A violation of the order of protection is a Class A misdemeanor carrying a maximum penalty of one (1) year's imprisonment in the county jail or a fine of up to one thousand dollars ($1,000), or both; (2) A violation of an order of protection under this section within five (5) years of a previous conviction for violation of an order of protection is a Class D felony; (3) It is unlawful for an individual who is subject to an order of protection or convicted of a misdemeanor of domestic violence to ship, transport, or possess a firearm or ammunition under 18 U.S.C. § 922(g)(8) and (9) as it existed on January 1, 2019; (4) A conviction of violation of an order of protection under this section within five (5) years of a previous conviction for violation of an order of protection is a Class D felony; (5) A person who is a respondent or an enjoined party is restrained from harassing, stalking, or threatening a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party; and (6) A person who is a respondent or an enjoined party is restrained from engaging in other conduct that would place a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party in reasonable fear of bodily injury.

(1) A violation of the order of protection is a Class A misdemeanor carrying a maximum penalty of one (1) year's imprisonment in the county jail or a fine of up to one thousand dollars ($1,000), or both;

(2) A violation of an order of protection under this section within five (5) years of a previous conviction for violation of an order of protection is a Class D felony;

(3) It is unlawful for an individual who is subject to an order of protection or convicted of a misdemeanor of domestic violence to ship, transport, or possess a firearm or ammunition under 18 U.S.C. § 922(g)(8) and (9) as it existed on January 1, 2019;

(4) A conviction of violation of an order of protection under this section within five (5) years of a previous conviction for violation of an order of protection is a Class D felony;

(5) A person who is a respondent or an enjoined party is restrained from harassing, stalking, or threatening a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party; and

(6) A person who is a respondent or an enjoined party is restrained from engaging in other conduct that would place a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party in reasonable fear of bodily injury.

(c) For respondents eighteen (18) years of age or older or emancipated minors, jurisdiction for the criminal offense of violating the terms of an order of protection is with the circuit court or other courts having jurisdiction over criminal matters.

(d) (1) In the final order of protection, the petitioner's home or business address may be excluded from notice to the respondent. (2) A court shall also order that the petitioner's copy of the order of protection be excluded from any address where the respondent happens to reside.

(1) In the final order of protection, the petitioner's home or business address may be excluded from notice to the respondent.

(2) A court shall also order that the petitioner's copy of the order of protection be excluded from any address where the respondent happens to reside.

(e) A law enforcement officer shall not arrest a petitioner for the violation of an order of protection issued against a respondent.

(f) When a law enforcement officer has probable cause to believe that a respondent has violated an order of protection and has been presented verification of the existence of the order of protection, the officer may arrest the respondent without a warrant whether or not the violation occurred in the presence of the officer if the order of protection was obtained according to this chapter and the Arkansas Rules of Criminal Procedure.

(g) An order of protection issued by a court of competent jurisdiction in any county of this state is enforceable in every county of this state by any court or law enforcement officer.

(h) An order of protection shall include either: (1) A finding that the respondent presents a credible threat to the physical safety of a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party; or (2) An explicit prohibition against the use, attempted use, or threatened use of physical force against the person named in the order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party which would reasonably be expected to cause bodily injury.

(1) A finding that the respondent presents a credible threat to the physical safety of a person named in an order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party; or

(2) An explicit prohibition against the use, attempted use, or threatened use of physical force against the person named in the order of protection as a family or household member, a child of the family or household member, or a child of the respondent or enjoined party which would reasonably be expected to cause bodily injury.

Amended by Act 2019, No. 908,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 908,§ 1, eff. 7/24/2019.

Acts 1991, No. 266, § 10; 1999, No. 1551, § 4; 2001, No. 1469, § 1; 2007, No. 676, § 2; 2009, No. 331, § 2; 2009, No. 698, § 8
Ark. Code Ann. § 9-27-501 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-501
Extended juvenile jurisdiction designation
Status: in_force

(a) The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the: (1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502 ; (2) (A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502 , and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity; (3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Battery in the first degree, § 5-13-201 ; (G) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4) ; (H) Aggravated assault, § 5-13-204 ; (I) Terroristic act, § 5-13-310 ; (J) Rape, § 5-14-103 ; (K) Sexual assault in the second degree, § 5-14-125 ; (L) First degree escape, § 5-54-110 ; (M) Second degree escape, § 5-54-111 ; (N) Criminal use of prohibited weapons, § 5-73-104 ; (O) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (P) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (Q) Any felony involving a firearm; (R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or (S) 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) Battery in the first degree, § 5-13-201 ; (vii) Rape, § 5-14-103 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ; or (4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony. (b) The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section. Amended by Act 2023, No. 692,§ 1, eff. 8/1/2023. Acts 1999, No. 1192, § 1; 2003, No. 1809, § 13

(a) The state may request an extended juvenile jurisdiction designation in a delinquency petition or file a separate motion if the: (1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502 ; (2) (A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502 , and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity; (3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Battery in the first degree, § 5-13-201 ; (G) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4) ; (H) Aggravated assault, § 5-13-204 ; (I) Terroristic act, § 5-13-310 ; (J) Rape, § 5-14-103 ; (K) Sexual assault in the second degree, § 5-14-125 ; (L) First degree escape, § 5-54-110 ; (M) Second degree escape, § 5-54-111 ; (N) Criminal use of prohibited weapons, § 5-73-104 ; (O) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (P) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (Q) Any felony involving a firearm; (R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or (S) 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) Battery in the first degree, § 5-13-201 ; (vii) Rape, § 5-14-103 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ; or (4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.

(1) Juvenile, under thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 , and the state has overcome presumptions of lack of fitness to proceed and lack of capacity as set forth in § 9-27-502 ;

(2) (A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 . (B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502 , and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;

(A) Juvenile, thirteen (13) years of age at the time of the alleged offense, is charged with capital murder, § 5-10-101 , or murder in the first degree, § 5-10-102 .

(B) However, juveniles thirteen (13) years of age at the time of the alleged offense shall have an evaluation pursuant to § 9-27-502 , and the burden will be upon the juvenile to establish lack of fitness to proceed and lack of capacity;

(3) Juvenile, fourteen (14) or fifteen (15) years of age at the time of the alleged offense, is charged with any of the following crimes: (A) Capital murder, § 5-10-101 ; (B) Murder in the first degree, § 5-10-102 ; (C) Murder in the second degree, § 5-10-103 ; (D) Kidnapping, § 5-11-102 ; (E) Aggravated robbery, § 5-12-103 ; (F) Battery in the first degree, § 5-13-201 ; (G) Battery in the second degree in violation of § 5-13-202(a)(2), (3), or (4) ; (H) Aggravated assault, § 5-13-204 ; (I) Terroristic act, § 5-13-310 ; (J) Rape, § 5-14-103 ; (K) Sexual assault in the second degree, § 5-14-125 ; (L) First degree escape, § 5-54-110 ; (M) Second degree escape, § 5-54-111 ; (N) Criminal use of prohibited weapons, § 5-73-104 ; (O) Possession of a handgun on school property, § 5-73-119(b)(1)(A) ; (P) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; (Q) Any felony involving a firearm; (R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or (S) 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) Battery in the first degree, § 5-13-201 ; (vii) Rape, § 5-14-103 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ; or

(A) Capital murder, § 5-10-101 ;

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

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

(D) Kidnapping, § 5-11-102 ;

(E) Aggravated robbery, § 5-12-103 ;

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

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

(H) Aggravated assault, § 5-13-204 ;

(I) Terroristic act, § 5-13-310 ;

(J) Rape, § 5-14-103 ;

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

(L) First degree escape, § 5-54-110 ;

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

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

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

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

(Q) Any felony involving a firearm;

(R) Soliciting or recruiting a minor to join or to remain a member of a criminal gang, organization, or enterprise, § 5-74-203 ; or

(S) 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) Battery in the first degree, § 5-13-201 ; (vii) Rape, § 5-14-103 ; (viii) First degree escape, § 5-54-110 ; and (ix) Second degree escape, § 5-54-111 ; or

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

(vii) Rape, § 5-14-103 ;

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

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

(4) Juvenile is at least sixteen (16) years of age when he or she engages in conduct that, if committed by an adult, would be a felony.

(b) The juvenile's attorney may file a motion to request extended juvenile jurisdiction if the state could have filed pursuant to subsection (a) of this section.

Amended by Act 2023, No. 692,§ 1, eff. 8/1/2023.

Acts 1999, No. 1192, § 1; 2003, No. 1809, § 13
Ark. Code Ann. § 9-30-103 — AR Code / Title 9 / Chapter 30 / Section 9-30-103
Definitions
Status: in_force

As used in this chapter: (1) "Child" means a person under eighteen (18) years of age; (2) (A) "Child abuse" means any nonaccidental physical injury, mental injury, sexual abuse, or sexual exploitation inflicted by those legally responsible for the care and maintenance of the child, or an injury that is at variance with the history given. (B) "Child abuse" encompasses both acts and omissions; (3) "Local council" means an organization consisting of an employee of the Department of Human Services, an employee of the Department of Health, an employee of a public secondary or elementary school, an employee of the county sheriff's office or a city police department, a citizen at large, and any other persons deemed necessary by the Department of Human Services, including, but not limited to, representatives from other groups or entities involved with child abuse and neglect or family violence; (4) "Neglect" means: (A) Failure to provide, by those legally responsible for: (i) The care and maintenance of the child and the proper or necessary support; (ii) Education, as required by law; or (iii) Medical, surgical, or any other care necessary for his or her well-being; or (B) (i) Any maltreatment of the child. (ii) The term includes both acts and omissions. (iii) This chapter shall not be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment; (5) "Parenting-from-prison program" means classes or services provided to incarcerated parents at any detention or correctional facility; (6) (A) "Prevention program" means a system of direct provision of child abuse and neglect primary and secondary prevention services to a child or guardian and includes research programs related to prevention of child abuse and neglect. (B) (i) "Primary prevention" means programs and services designed to promote the general welfare of children and families. (ii) "Secondary prevention" means the identification of children who are in circumstances in which there is a high risk that abuse or neglect will occur and assistance is necessary and appropriate to prevent abuse or neglect from occurring; and (7) "Program for the children of prisoners" means school or community-based services provided to: (A) The children of individuals incarcerated in any detention or correctional facility; or (B) The caregivers of children of individuals incarcerated in any detention or correctional facility. Amended by Act 2017, No. 897,§ 5, eff. 7/1/2017 Acts 1987, No. 397, § 3; 2003, No. 1224, § 1

As used in this chapter:

(1) "Child" means a person under eighteen (18) years of age;

(2) (A) "Child abuse" means any nonaccidental physical injury, mental injury, sexual abuse, or sexual exploitation inflicted by those legally responsible for the care and maintenance of the child, or an injury that is at variance with the history given. (B) "Child abuse" encompasses both acts and omissions;

(A) "Child abuse" means any nonaccidental physical injury, mental injury, sexual abuse, or sexual exploitation inflicted by those legally responsible for the care and maintenance of the child, or an injury that is at variance with the history given.

(B) "Child abuse" encompasses both acts and omissions;

(3) "Local council" means an organization consisting of an employee of the Department of Human Services, an employee of the Department of Health, an employee of a public secondary or elementary school, an employee of the county sheriff's office or a city police department, a citizen at large, and any other persons deemed necessary by the Department of Human Services, including, but not limited to, representatives from other groups or entities involved with child abuse and neglect or family violence;

(4) "Neglect" means: (A) Failure to provide, by those legally responsible for: (i) The care and maintenance of the child and the proper or necessary support; (ii) Education, as required by law; or (iii) Medical, surgical, or any other care necessary for his or her well-being; or (B) (i) Any maltreatment of the child. (ii) The term includes both acts and omissions. (iii) This chapter shall not be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment;

(A) Failure to provide, by those legally responsible for: (i) The care and maintenance of the child and the proper or necessary support; (ii) Education, as required by law; or (iii) Medical, surgical, or any other care necessary for his or her well-being; or

(i) The care and maintenance of the child and the proper or necessary support;

(ii) Education, as required by law; or

(iii) Medical, surgical, or any other care necessary for his or her well-being; or

(B) (i) Any maltreatment of the child. (ii) The term includes both acts and omissions. (iii) This chapter shall not be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment;

(i) Any maltreatment of the child.

(ii) The term includes both acts and omissions.

(iii) This chapter shall not be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment;

(5) "Parenting-from-prison program" means classes or services provided to incarcerated parents at any detention or correctional facility;

(6) (A) "Prevention program" means a system of direct provision of child abuse and neglect primary and secondary prevention services to a child or guardian and includes research programs related to prevention of child abuse and neglect. (B) (i) "Primary prevention" means programs and services designed to promote the general welfare of children and families. (ii) "Secondary prevention" means the identification of children who are in circumstances in which there is a high risk that abuse or neglect will occur and assistance is necessary and appropriate to prevent abuse or neglect from occurring; and

(A) "Prevention program" means a system of direct provision of child abuse and neglect primary and secondary prevention services to a child or guardian and includes research programs related to prevention of child abuse and neglect.

(B) (i) "Primary prevention" means programs and services designed to promote the general welfare of children and families. (ii) "Secondary prevention" means the identification of children who are in circumstances in which there is a high risk that abuse or neglect will occur and assistance is necessary and appropriate to prevent abuse or neglect from occurring; and

(i) "Primary prevention" means programs and services designed to promote the general welfare of children and families.

(ii) "Secondary prevention" means the identification of children who are in circumstances in which there is a high risk that abuse or neglect will occur and assistance is necessary and appropriate to prevent abuse or neglect from occurring; and

(7) "Program for the children of prisoners" means school or community-based services provided to: (A) The children of individuals incarcerated in any detention or correctional facility; or (B) The caregivers of children of individuals incarcerated in any detention or correctional facility.

(A) The children of individuals incarcerated in any detention or correctional facility; or

(B) The caregivers of children of individuals incarcerated in any detention or correctional facility.

Amended by Act 2017, No. 897,§ 5, eff. 7/1/2017

Acts 1987, No. 397, § 3; 2003, No. 1224, § 1
Ark. Code Ann. § 9-14-239 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-239
Suspension of license for failure to pay child support - Definitions
Status: in_force

(a) As used in this section: (1) "Department" means the Department of Finance and Administration or its duly authorized agents; (2) "License" means an Arkansas driver's license issued pursuant to the Motor Vehicle Driver's License Act, § 27-16-101 et seq., and § 27-20-101 et seq., or an occupational, professional, or business license regulated under Title 17 of this Code and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of this Code; (3) "Office" means the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; (4) "Other licensing entity" means any other state agency, department, board, commission, municipality, or any entity within the State of Arkansas or the United States that issues or renews an occupational, professional, or business license regulated under Title 17 of this Code and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of this Code; and (5) "Permanent license plate" means the license plate, issued by the department, that by law must be affixed to every vehicle as defined by § 27-14-1002 and every motorized cycle as defined by § 27-20-101 . (b) (1) (A) Unless an obligor executes an installment agreement or makes other necessary and proper arrangements with the office, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor whenever the office determines that one (1) of the following conditions exists: (i) The obligor is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to three (3) months' obligation or more; or (ii) The obligor is the subject of an outstanding failure to appear warrant, a body attachment, or a bench warrant related to a child support proceeding. (B) Prior to the notification to suspend the license of the obligor, the office shall determine whether the obligor holds a license or permanent license plate with the department or other licensing entity. (2) (A) The office shall notify the obligor that a request will be made to the department to suspend the license or permanent license plate sixty (60) days after the notification unless a hearing with the office is requested in writing within thirty (30) days to determine whether one (1) of the conditions of suspension does not exist. (B) Notification shall be sufficient under this subdivision (b)(2) if mailed to the obligor at either the last known address provided to the court by the obligor pursuant to § 9-14-205 or to the address used by the obligor on the license or the application for a permanent license plate. (c) Following a determination by the office under subdivision (b)(1) of this section, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor. (d) (1) The department or other licensing entity, upon receipt of the notification, shall immediately suspend the license or permanent license plate of the obligor. (2) This suspension shall remain in effect until the department or other licensing entity is notified by the office to release the suspension. (e) (1) If the obligor enters into an installment agreement or makes other necessary and proper arrangements with the office to pay child support, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor. (2) In the case of fraud or mistake, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor, as appropriate. (f) The office and the department are authorized to promulgate rules necessary to carry out this section in the interests of justice and equity. (g) The office is authorized to seek an injunction in the circuit court of the county in which the child support order was entered, restraining the obligor from driving or from any licensed or permitted activity during the time the obligor's license or permanent license plate is suspended. (h) (1) (A) Any obligor whose license or permanent license plate has been suspended may appeal to the circuit court of the county in which the child support order was entered or transferred, within thirty (30) days after the effective date of the suspension, by filing a petition with a copy of the notice of the suspension attached, or with a copy of the final administrative hearing decision of the office, with the clerk of the circuit court and causing a summons to be served on the Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (B) For persons paying child support pursuant to § 9-17-501 or § 9-17-507 , the foreign order shall be registered by the office pursuant to § 9-17-601 et seq. (2) The case shall be tried de novo. (3) The circuit judges are vested with jurisdiction to determine whether the petitioner is entitled to a license or permanent license plate or whether the decision of the hearing officer should be affirmed, modified, or reversed. (i) Nothing provided in this section shall be interpreted to prohibit the circuit court from suspending a permanent license plate or a license through contempt proceedings resulting from the nonpayment of child support. Amended by Act 2019, No. 315,§ 715, eff. 7/24/2019. Acts 1995, No. 752, § 1; 1997, No. 1296, § 33; 1999, No. 1514, §§ 17, 18; 2003, No. 1020, § 8; 2003, No. 1185, § 17

(a) As used in this section: (1) "Department" means the Department of Finance and Administration or its duly authorized agents; (2) "License" means an Arkansas driver's license issued pursuant to the Motor Vehicle Driver's License Act, § 27-16-101 et seq., and § 27-20-101 et seq., or an occupational, professional, or business license regulated under Title 17 of this Code and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of this Code; (3) "Office" means the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration; (4) "Other licensing entity" means any other state agency, department, board, commission, municipality, or any entity within the State of Arkansas or the United States that issues or renews an occupational, professional, or business license regulated under Title 17 of this Code and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of this Code; and (5) "Permanent license plate" means the license plate, issued by the department, that by law must be affixed to every vehicle as defined by § 27-14-1002 and every motorized cycle as defined by § 27-20-101 .

(1) "Department" means the Department of Finance and Administration or its duly authorized agents;

(2) "License" means an Arkansas driver's license issued pursuant to the Motor Vehicle Driver's License Act, § 27-16-101 et seq., and § 27-20-101 et seq., or an occupational, professional, or business license regulated under Title 17 of this Code and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of this Code;

(3) "Office" means the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration;

(4) "Other licensing entity" means any other state agency, department, board, commission, municipality, or any entity within the State of Arkansas or the United States that issues or renews an occupational, professional, or business license regulated under Title 17 of this Code and all other licenses regulated under Titles 2-6, 8, 9, 14, 15, 20, 22, 23, and 27 of this Code; and

(5) "Permanent license plate" means the license plate, issued by the department, that by law must be affixed to every vehicle as defined by § 27-14-1002 and every motorized cycle as defined by § 27-20-101 .

(b) (1) (A) Unless an obligor executes an installment agreement or makes other necessary and proper arrangements with the office, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor whenever the office determines that one (1) of the following conditions exists: (i) The obligor is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to three (3) months' obligation or more; or (ii) The obligor is the subject of an outstanding failure to appear warrant, a body attachment, or a bench warrant related to a child support proceeding. (B) Prior to the notification to suspend the license of the obligor, the office shall determine whether the obligor holds a license or permanent license plate with the department or other licensing entity. (2) (A) The office shall notify the obligor that a request will be made to the department to suspend the license or permanent license plate sixty (60) days after the notification unless a hearing with the office is requested in writing within thirty (30) days to determine whether one (1) of the conditions of suspension does not exist. (B) Notification shall be sufficient under this subdivision (b)(2) if mailed to the obligor at either the last known address provided to the court by the obligor pursuant to § 9-14-205 or to the address used by the obligor on the license or the application for a permanent license plate.

(1) (A) Unless an obligor executes an installment agreement or makes other necessary and proper arrangements with the office, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor whenever the office determines that one (1) of the following conditions exists: (i) The obligor is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to three (3) months' obligation or more; or (ii) The obligor is the subject of an outstanding failure to appear warrant, a body attachment, or a bench warrant related to a child support proceeding. (B) Prior to the notification to suspend the license of the obligor, the office shall determine whether the obligor holds a license or permanent license plate with the department or other licensing entity.

(A) Unless an obligor executes an installment agreement or makes other necessary and proper arrangements with the office, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor whenever the office determines that one (1) of the following conditions exists: (i) The obligor is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to three (3) months' obligation or more; or (ii) The obligor is the subject of an outstanding failure to appear warrant, a body attachment, or a bench warrant related to a child support proceeding.

(i) The obligor is delinquent on a court-ordered child support payment or an adjudicated arrearage in an amount equal to three (3) months' obligation or more; or

(ii) The obligor is the subject of an outstanding failure to appear warrant, a body attachment, or a bench warrant related to a child support proceeding.

(B) Prior to the notification to suspend the license of the obligor, the office shall determine whether the obligor holds a license or permanent license plate with the department or other licensing entity.

(2) (A) The office shall notify the obligor that a request will be made to the department to suspend the license or permanent license plate sixty (60) days after the notification unless a hearing with the office is requested in writing within thirty (30) days to determine whether one (1) of the conditions of suspension does not exist. (B) Notification shall be sufficient under this subdivision (b)(2) if mailed to the obligor at either the last known address provided to the court by the obligor pursuant to § 9-14-205 or to the address used by the obligor on the license or the application for a permanent license plate.

(A) The office shall notify the obligor that a request will be made to the department to suspend the license or permanent license plate sixty (60) days after the notification unless a hearing with the office is requested in writing within thirty (30) days to determine whether one (1) of the conditions of suspension does not exist.

(B) Notification shall be sufficient under this subdivision (b)(2) if mailed to the obligor at either the last known address provided to the court by the obligor pursuant to § 9-14-205 or to the address used by the obligor on the license or the application for a permanent license plate.

(c) Following a determination by the office under subdivision (b)(1) of this section, the office shall notify the department or other licensing entity to suspend the license or permanent license plate of the obligor.

(d) (1) The department or other licensing entity, upon receipt of the notification, shall immediately suspend the license or permanent license plate of the obligor. (2) This suspension shall remain in effect until the department or other licensing entity is notified by the office to release the suspension.

(1) The department or other licensing entity, upon receipt of the notification, shall immediately suspend the license or permanent license plate of the obligor.

(2) This suspension shall remain in effect until the department or other licensing entity is notified by the office to release the suspension.

(e) (1) If the obligor enters into an installment agreement or makes other necessary and proper arrangements with the office to pay child support, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor. (2) In the case of fraud or mistake, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor, as appropriate.

(1) If the obligor enters into an installment agreement or makes other necessary and proper arrangements with the office to pay child support, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor.

(2) In the case of fraud or mistake, the office shall immediately notify the department or other licensing entity to restore the license or permanent license plate of the obligor, as appropriate.

(f) The office and the department are authorized to promulgate rules necessary to carry out this section in the interests of justice and equity.

(g) The office is authorized to seek an injunction in the circuit court of the county in which the child support order was entered, restraining the obligor from driving or from any licensed or permitted activity during the time the obligor's license or permanent license plate is suspended.

(h) (1) (A) Any obligor whose license or permanent license plate has been suspended may appeal to the circuit court of the county in which the child support order was entered or transferred, within thirty (30) days after the effective date of the suspension, by filing a petition with a copy of the notice of the suspension attached, or with a copy of the final administrative hearing decision of the office, with the clerk of the circuit court and causing a summons to be served on the Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (B) For persons paying child support pursuant to § 9-17-501 or § 9-17-507 , the foreign order shall be registered by the office pursuant to § 9-17-601 et seq. (2) The case shall be tried de novo. (3) The circuit judges are vested with jurisdiction to determine whether the petitioner is entitled to a license or permanent license plate or whether the decision of the hearing officer should be affirmed, modified, or reversed.

(1) (A) Any obligor whose license or permanent license plate has been suspended may appeal to the circuit court of the county in which the child support order was entered or transferred, within thirty (30) days after the effective date of the suspension, by filing a petition with a copy of the notice of the suspension attached, or with a copy of the final administrative hearing decision of the office, with the clerk of the circuit court and causing a summons to be served on the Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (B) For persons paying child support pursuant to § 9-17-501 or § 9-17-507 , the foreign order shall be registered by the office pursuant to § 9-17-601 et seq.

(A) Any obligor whose license or permanent license plate has been suspended may appeal to the circuit court of the county in which the child support order was entered or transferred, within thirty (30) days after the effective date of the suspension, by filing a petition with a copy of the notice of the suspension attached, or with a copy of the final administrative hearing decision of the office, with the clerk of the circuit court and causing a summons to be served on the Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(B) For persons paying child support pursuant to § 9-17-501 or § 9-17-507 , the foreign order shall be registered by the office pursuant to § 9-17-601 et seq.

(2) The case shall be tried de novo.

(3) The circuit judges are vested with jurisdiction to determine whether the petitioner is entitled to a license or permanent license plate or whether the decision of the hearing officer should be affirmed, modified, or reversed.

(i) Nothing provided in this section shall be interpreted to prohibit the circuit court from suspending a permanent license plate or a license through contempt proceedings resulting from the nonpayment of child support.

Amended by Act 2019, No. 315,§ 715, eff. 7/24/2019.

Acts 1995, No. 752, § 1; 1997, No. 1296, § 33; 1999, No. 1514, §§ 17, 18; 2003, No. 1020, § 8; 2003, No. 1185, § 17
Ark. Code Ann. § 9-14-806 — AR Code / Title 9 / Chapter 14 / Subchapter 8 / Section 9-14-806
Electronic funds transfer and electronic data information election
Status: in_force

(a) Employers may remit income withholding for child support by electronic funds transfer and electronic data interchange transaction. (b) The Title IV-D agency shall notify the employer when a case is assigned or transferred to the clearinghouse, at which time the employer shall begin or continue income withholding for child support and may remit such payments to the clearinghouse by electronic funds transfer and electronic data interchange transactions. Amended by Act 2019, No. 904,§ 12, eff. 1/1/2020. Acts 1995, No. 1344, § 6

(a) Employers may remit income withholding for child support by electronic funds transfer and electronic data interchange transaction.

(b) The Title IV-D agency shall notify the employer when a case is assigned or transferred to the clearinghouse, at which time the employer shall begin or continue income withholding for child support and may remit such payments to the clearinghouse by electronic funds transfer and electronic data interchange transactions.

Amended by Act 2019, No. 904,§ 12, eff. 1/1/2020.

Acts 1995, No. 1344, § 6
Ark. Code Ann. § 9-14-235 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-235
Arrearages - Payment after duty to support ceases - Definition
Status: in_force

(a) If a child support arrearage or judgment exists at the time when any child entitled to support reaches the age of majority, is emancipated, or dies, or when the obligor's current duty to pay child support otherwise ceases, the obligor shall continue to pay an amount equal to the court-ordered child support, or an amount to be determined by a court based on the application of guidelines for child support under the family support chart, until such time as the child support arrearage or judgment has been satisfied. (b) Enforcement through income withholding, intercept of unemployment benefits or workers' compensation benefits, income tax intercept, additional payments ordered to be paid on the child support arrearage or judgment, contempt proceedings, or any other means of collection shall be available for the collection of a child support arrearage or judgment until the child support arrearage or judgment is satisfied. (c) Income withholding under § 9-14-221 may be used to satisfy a child support arrearage or judgment. (d) As used in this section, "judgment" means unpaid child support and medical bills, interest, attorney's fees, or costs associated with a child support case when such has been reduced to judgment by the court or become a judgment by operation of law. (e) The purpose of this section is to allow the enforcement and collection of child support arrearages and judgments after the obligor's duty to pay support ceases. Amended by Act 2013, No. 317,§ 1, eff. 8/16/2013 Acts 1989, No. 507, § 1; 1995, No. 1184, § 38; 2001, No. 1248, § 14

(a) If a child support arrearage or judgment exists at the time when any child entitled to support reaches the age of majority, is emancipated, or dies, or when the obligor's current duty to pay child support otherwise ceases, the obligor shall continue to pay an amount equal to the court-ordered child support, or an amount to be determined by a court based on the application of guidelines for child support under the family support chart, until such time as the child support arrearage or judgment has been satisfied.

(b) Enforcement through income withholding, intercept of unemployment benefits or workers' compensation benefits, income tax intercept, additional payments ordered to be paid on the child support arrearage or judgment, contempt proceedings, or any other means of collection shall be available for the collection of a child support arrearage or judgment until the child support arrearage or judgment is satisfied.

(c) Income withholding under § 9-14-221 may be used to satisfy a child support arrearage or judgment.

(d) As used in this section, "judgment" means unpaid child support and medical bills, interest, attorney's fees, or costs associated with a child support case when such has been reduced to judgment by the court or become a judgment by operation of law.

(e) The purpose of this section is to allow the enforcement and collection of child support arrearages and judgments after the obligor's duty to pay support ceases.

Amended by Act 2013, No. 317,§ 1, eff. 8/16/2013

Acts 1989, No. 507, § 1; 1995, No. 1184, § 38; 2001, No. 1248, § 14
Ark. Code Ann. § 9-27-343 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-343
Appeals
Status: in_force

(a) All appeals from juvenile cases shall be made to the Supreme Court or to the Court of Appeals in the time and manner provided for appeals in the Arkansas Rules of Appellate Procedure. (b) In delinquency cases, the petitioner may appeal only under those circumstances that would permit the state to appeal in criminal proceedings. (c) Pending an appeal from any case involving a juvenile out-of-home placement, the juvenile division of circuit court retains jurisdiction to conduct further hearings. Acts 1989, No. 273, § 42; 1999, No. 401, § 15; 2003, No. 1166, § 21; 2003, No. 1319, § 25

(a) All appeals from juvenile cases shall be made to the Supreme Court or to the Court of Appeals in the time and manner provided for appeals in the Arkansas Rules of Appellate Procedure.

(b) In delinquency cases, the petitioner may appeal only under those circumstances that would permit the state to appeal in criminal proceedings.

(c) Pending an appeal from any case involving a juvenile out-of-home placement, the juvenile division of circuit court retains jurisdiction to conduct further hearings.

Acts 1989, No. 273, § 42; 1999, No. 401, § 15; 2003, No. 1166, § 21; 2003, No. 1319, § 25
Ark. Code Ann. § 9-19-209 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-209
Information to be submitted to court
Status: in_force

(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any; (2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and (3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons. (b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. (c) If the declaration as to any of the items described in subdivisions (a)(1)-(3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case. (d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. (e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice. Acts 1999, No. 668, § 209

(a) In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party: (1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any; (2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and (3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(1) has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;

(2) knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and

(3) knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.

(b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subdivisions (a)(1)-(3) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.

Acts 1999, No. 668, § 209
Ark. Code Ann. § 9-15-210 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-210
Contempt proceedings
Status: in_force

When a petitioner or any law enforcement officer files an affidavit with a circuit court that has issued an order of protection under the provisions of this chapter alleging that the respondent or person restrained has violated the order, the court may issue an order to the respondent or person restrained requiring that person to appear and show cause why he or she should not be found in contempt. Acts 1991, No. 266, § 10

When a petitioner or any law enforcement officer files an affidavit with a circuit court that has issued an order of protection under the provisions of this chapter alleging that the respondent or person restrained has violated the order, the court may issue an order to the respondent or person restrained requiring that person to appear and show cause why he or she should not be found in contempt.

Acts 1991, No. 266, § 10
Ark. Code Ann. § 9-3-104 — AR Code / Title 9 / Chapter 3 / Section 9-3-104
Administration by Secretary of State
Status: in_force

The Secretary of State shall be the administrative officer of this chapter. Acts 1941, No. 355, § 2; A.S.A. 1947, § 34-1302

The Secretary of State shall be the administrative officer of this chapter.

Acts 1941, No. 355, § 2; A.S.A. 1947, § 34-1302
Ark. Code Ann. § 9-27-508 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-508
Extended juvenile jurisdiction records
Status: in_force

(a) Records of juveniles who are designated as extended juvenile jurisdiction offenders shall be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult, or until the juvenile's twenty-first birthday, whichever is longer. (b) (1) If an adult sentence is imposed upon an extended juvenile jurisdiction offender, the records of that case shall be considered adult criminal records. (2) (A) The juvenile division of circuit court shall enter an order transferring the juvenile records to the clerk who is the custodian of adult criminal records. (B) The clerk shall assign a criminal division of circuit court docket number and shall maintain the file as if the case had originated in the criminal division of circuit court. Acts 1999, No. 1192, § 8; 2001, No. 1582, § 5

(a) Records of juveniles who are designated as extended juvenile jurisdiction offenders shall be kept for ten (10) years after the last adjudication of delinquency, date of plea of guilty or nolo contendere, or finding of guilt as an adult, or until the juvenile's twenty-first birthday, whichever is longer.

(b) (1) If an adult sentence is imposed upon an extended juvenile jurisdiction offender, the records of that case shall be considered adult criminal records. (2) (A) The juvenile division of circuit court shall enter an order transferring the juvenile records to the clerk who is the custodian of adult criminal records. (B) The clerk shall assign a criminal division of circuit court docket number and shall maintain the file as if the case had originated in the criminal division of circuit court.

(1) If an adult sentence is imposed upon an extended juvenile jurisdiction offender, the records of that case shall be considered adult criminal records.

(2) (A) The juvenile division of circuit court shall enter an order transferring the juvenile records to the clerk who is the custodian of adult criminal records. (B) The clerk shall assign a criminal division of circuit court docket number and shall maintain the file as if the case had originated in the criminal division of circuit court.

(A) The juvenile division of circuit court shall enter an order transferring the juvenile records to the clerk who is the custodian of adult criminal records.

(B) The clerk shall assign a criminal division of circuit court docket number and shall maintain the file as if the case had originated in the criminal division of circuit court.

Acts 1999, No. 1192, § 8; 2001, No. 1582, § 5
Ark. Code Ann. § 9-28-1101 — AR Code / Title 9 / Chapter 28 / Subchapter 11 / Section 9-28-1101
[Repealed]
Status: repealed

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 540,§ 8, eff. 8/1/2017 Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 540,§ 8, eff. 8/1/2017

Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013
Ark. Code Ann. § 9-14-402 — AR Code / Title 9 / Chapter 14 / Subchapter 4 / Section 9-14-402
[Repealed]
Status: repealed

Repealed by Act 2021, No. 470,§ 3, eff. 7/28/2021. Acts 1989, No. 682, § 1; 1995, No. 1184, § 16

Repealed by Act 2021, No. 470,§ 3, eff. 7/28/2021.

Acts 1989, No. 682, § 1; 1995, No. 1184, § 16
Ark. Code Ann. § 9-28-102 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-102
Creation of the Division of Children and Family Services
Status: in_force

There is created the Division of Children and Family Services within the Department of Human Services. Acts 2011, No. 591, § 1

There is created the Division of Children and Family Services within the Department of Human Services.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-32-203 — AR Code / Title 9 / Chapter 32 / Subchapter 2 / Section 9-32-203
Quarterly performance reports
Status: in_force

(a) (1) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services are hereby directed to issue to the Senate Interim Committee on Children and Youth a quarterly report on the performance of the child welfare system. (2) These quarterly reports will be known as the "Division of Youth Services of the Department of Human Services Quarterly Performance Report", the "Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services Quarterly Performance Report", and the "Division of Children and Family Services of the Department of Human Services Quarterly Performance Report" and shall be transmitted to the Senate Interim Committee on Children and Youth no later than sixty (60) calendar days after the end of each calendar quarter. (b) The Division of Youth Services of the Department of Human Services Quarterly Performance Report, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services Quarterly Performance Report, and the Division of Children and Family Services of the Department of Human Services Quarterly Performance Report shall include without limitation: (1) Client outcome information; (2) Case status information; (3) Compliance information; (4) Management indicators; and (5) Other data agreed to by the Senate Interim Committee on Children and Youth, the Division of Aging, Adult, and Behavioral Health Services, the Division of Children and Family Services, and the Division of Youth Services. (c) The Division of Aging, Adult, and Behavioral Health Services shall report information by mental health catchment areas with actual totals. (d) (1) The Division of Children and Family Services shall report on the number of children in foster care who experienced two (2) or more placements in care and the number of children in foster care who have run away at the end of each quarter. (2) The data shall include, but not be limited to, the number of placements, the race and age of the children experiencing multiple moves, and runaway status. (3) This data shall be reported by regional areas in the annual report. (e) (1) The Division of Children and Family Services shall report on the fatality or near fatality of a child that is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq. (2) The data on a reported fatality or near fatality shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of the incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the Department of Human Services; and (H) Services offered or provided by the department presently and in the past. (3) The data of a fatality shall also include the name of the child. (f) (1) The department shall report Child Abuse Hotline reports received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department. (2) The data on a report of maltreatment on a foster child shall include the: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and type of placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department. (g) (1) The department shall report when a child dies if that child was in an out-of-home placement as defined under § 9-27-303 . (2) The data on the death of a child in an out-of-home placement shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department. (h) The department shall report any noncase-specific recommendations of the department's internal Child Death Review Committee. Amended by Act 2017, No. 913,§ 30, eff. 8/1/2017 Amended by Act 2013, No. 1181,§ 2, eff. 8/16/2013 Acts 1995, No. 1222, § 3; 1997, No. 312, § 4; 2001, No. 1727, § 2; 2003, No. 178, § 1; 2003, No. 1809, § 16; 2009, No. 674, § 2

(a) (1) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services are hereby directed to issue to the Senate Interim Committee on Children and Youth a quarterly report on the performance of the child welfare system. (2) These quarterly reports will be known as the "Division of Youth Services of the Department of Human Services Quarterly Performance Report", the "Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services Quarterly Performance Report", and the "Division of Children and Family Services of the Department of Human Services Quarterly Performance Report" and shall be transmitted to the Senate Interim Committee on Children and Youth no later than sixty (60) calendar days after the end of each calendar quarter.

(1) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services are hereby directed to issue to the Senate Interim Committee on Children and Youth a quarterly report on the performance of the child welfare system.

(2) These quarterly reports will be known as the "Division of Youth Services of the Department of Human Services Quarterly Performance Report", the "Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services Quarterly Performance Report", and the "Division of Children and Family Services of the Department of Human Services Quarterly Performance Report" and shall be transmitted to the Senate Interim Committee on Children and Youth no later than sixty (60) calendar days after the end of each calendar quarter.

(b) The Division of Youth Services of the Department of Human Services Quarterly Performance Report, the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services Quarterly Performance Report, and the Division of Children and Family Services of the Department of Human Services Quarterly Performance Report shall include without limitation: (1) Client outcome information; (2) Case status information; (3) Compliance information; (4) Management indicators; and (5) Other data agreed to by the Senate Interim Committee on Children and Youth, the Division of Aging, Adult, and Behavioral Health Services, the Division of Children and Family Services, and the Division of Youth Services.

(1) Client outcome information;

(2) Case status information;

(3) Compliance information;

(4) Management indicators; and

(5) Other data agreed to by the Senate Interim Committee on Children and Youth, the Division of Aging, Adult, and Behavioral Health Services, the Division of Children and Family Services, and the Division of Youth Services.

(c) The Division of Aging, Adult, and Behavioral Health Services shall report information by mental health catchment areas with actual totals.

(d) (1) The Division of Children and Family Services shall report on the number of children in foster care who experienced two (2) or more placements in care and the number of children in foster care who have run away at the end of each quarter. (2) The data shall include, but not be limited to, the number of placements, the race and age of the children experiencing multiple moves, and runaway status. (3) This data shall be reported by regional areas in the annual report.

(1) The Division of Children and Family Services shall report on the number of children in foster care who experienced two (2) or more placements in care and the number of children in foster care who have run away at the end of each quarter.

(2) The data shall include, but not be limited to, the number of placements, the race and age of the children experiencing multiple moves, and runaway status.

(3) This data shall be reported by regional areas in the annual report.

(e) (1) The Division of Children and Family Services shall report on the fatality or near fatality of a child that is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq. (2) The data on a reported fatality or near fatality shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of the incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the Department of Human Services; and (H) Services offered or provided by the department presently and in the past. (3) The data of a fatality shall also include the name of the child.

(1) The Division of Children and Family Services shall report on the fatality or near fatality of a child that is reported to the Child Abuse Hotline under the Child Maltreatment Act, § 12-18-101 et seq.

(2) The data on a reported fatality or near fatality shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death or incident; (C) Allegations or preliminary cause of death or incident; (D) County and type of placement of the child at the time of the incident; (E) Generic relationship of the alleged offender to the child; (F) Agency conducting the investigation; (G) Legal action by the Department of Human Services; and (H) Services offered or provided by the department presently and in the past.

(A) Age, race, and gender of the child;

(B) Date of the child's death or incident;

(C) Allegations or preliminary cause of death or incident;

(D) County and type of placement of the child at the time of the incident;

(E) Generic relationship of the alleged offender to the child;

(F) Agency conducting the investigation;

(G) Legal action by the Department of Human Services; and

(H) Services offered or provided by the department presently and in the past.

(3) The data of a fatality shall also include the name of the child.

(f) (1) The department shall report Child Abuse Hotline reports received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department. (2) The data on a report of maltreatment on a foster child shall include the: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and type of placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department.

(1) The department shall report Child Abuse Hotline reports received on a child in the custody of the department, and the department may identify if the child maltreatment act or omission occurred before or after the child was placed in the custody of the department.

(2) The data on a report of maltreatment on a foster child shall include the: (A) Age, race, and gender of the child; (B) Allegations of maltreatment; (C) County and type of placement of the child at the time of the incident; (D) Generic relationship of the alleged offender to the child; and (E) Action taken by the department.

(A) Age, race, and gender of the child;

(B) Allegations of maltreatment;

(C) County and type of placement of the child at the time of the incident;

(D) Generic relationship of the alleged offender to the child; and

(E) Action taken by the department.

(g) (1) The department shall report when a child dies if that child was in an out-of-home placement as defined under § 9-27-303 . (2) The data on the death of a child in an out-of-home placement shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department.

(1) The department shall report when a child dies if that child was in an out-of-home placement as defined under § 9-27-303 .

(2) The data on the death of a child in an out-of-home placement shall include the: (A) Age, race, and gender of the child; (B) Date of the child's death; (C) Preliminary cause of death; (D) County and type of placement of the child at the time of the incident; and (E) Action by the department.

(A) Age, race, and gender of the child;

(B) Date of the child's death;

(C) Preliminary cause of death;

(D) County and type of placement of the child at the time of the incident; and

(E) Action by the department.

(h) The department shall report any noncase-specific recommendations of the department's internal Child Death Review Committee.

Amended by Act 2017, No. 913,§ 30, eff. 8/1/2017

Amended by Act 2013, No. 1181,§ 2, eff. 8/16/2013

Acts 1995, No. 1222, § 3; 1997, No. 312, § 4; 2001, No. 1727, § 2; 2003, No. 178, § 1; 2003, No. 1809, § 16; 2009, No. 674, § 2
Ark. Code Ann. § 9-28-703 — AR Code / Title 9 / Chapter 28 / Subchapter 7 / Section 9-28-703
Sanctions - Position
Status: in_force

(a) The Division of Youth Services may impose any community-based sanction on a juvenile in its custody or who is in aftercare as a result of having been committed. (b) The court may impose community-based sanctions as an original disposition, revocation of probation, or as a contempt sanction. (c) The community-based provider may not independently impose the community-based sanctions. Acts 1997, No. 710, § 3

(a) The Division of Youth Services may impose any community-based sanction on a juvenile in its custody or who is in aftercare as a result of having been committed.

(b) The court may impose community-based sanctions as an original disposition, revocation of probation, or as a contempt sanction.

(c) The community-based provider may not independently impose the community-based sanctions.

Acts 1997, No. 710, § 3
Ark. Code Ann. § 9-27-345 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-345
Admissibility of evidence
Status: in_force

(a) Juvenile adjudications of delinquency for offenses for which the juvenile could have been tried as an adult may be used at the sentencing phase in subsequent adult criminal proceedings against those same individuals. (b) (1) No other evidence adduced against a juvenile in any proceeding under this subchapter nor the fact of adjudication or disposition shall be admissible evidence against the juvenile in any civil, criminal, or other proceeding. (2) However, the evidence shall be admissible when proper in subsequent proceedings against the same juvenile under this subchapter. Acts 1989, No. 273, § 44; 1993, No. 535, § 5; 1993, No. 551, § 5

(a) Juvenile adjudications of delinquency for offenses for which the juvenile could have been tried as an adult may be used at the sentencing phase in subsequent adult criminal proceedings against those same individuals.

(b) (1) No other evidence adduced against a juvenile in any proceeding under this subchapter nor the fact of adjudication or disposition shall be admissible evidence against the juvenile in any civil, criminal, or other proceeding. (2) However, the evidence shall be admissible when proper in subsequent proceedings against the same juvenile under this subchapter.

(1) No other evidence adduced against a juvenile in any proceeding under this subchapter nor the fact of adjudication or disposition shall be admissible evidence against the juvenile in any civil, criminal, or other proceeding.

(2) However, the evidence shall be admissible when proper in subsequent proceedings against the same juvenile under this subchapter.

Acts 1989, No. 273, § 44; 1993, No. 535, § 5; 1993, No. 551, § 5
Ark. Code Ann. § 9-15-218 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-218
Commercial mobile radio service accounts - Transfer order
Status: in_force

(a) Commencing July 1, 2017, at an initial or subsequent hearing on a petition filed under this subchapter, to ensure that the petitioner may maintain his or her existing wireless telephone number and the wireless numbers of minor children in the petitioner's care, the court may issue an order directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner if the petitioner: (1) Is not the account holder; and (2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection. (b) (1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) of this section shall be a separate order that is directed to the wireless telephone service provider. (2) The order shall list: (A) The name and billing telephone number of the account holder; (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and (C) Each telephone number to be transferred to the petitioner. (3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this subchapter. (4) The order shall be served on the wireless telephone service provider's agent for service of process listed with the Secretary of State. (5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when: (A) The account holder has already terminated the account; (B) Differences in network technology prevent the functionality of a device on the network; or (C) There are geographic or other limitations on network or service availability. (c) (1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b) of this section, the petitioner shall assume: (A) Financial responsibility for the transferred wireless telephone number or numbers; (B) Monthly service costs; and (C) Costs for any mobile device associated with the wireless telephone number or numbers. (2) A transfer ordered under subsection (a) of this section does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including without limitation identification, financial information, and customer preferences. (d) This section does not affect the ability of the court to apportion the assets and debts of the parties, or the ability to determine the temporary use, possession, and control of personal property under § 9-12-301 et seq. (e) Notwithstanding any other provision of the law, a wireless telephone service provider, or an officer, employee, assign, or agent of the wireless telephone service provider is not civilly liable for action taken in compliance with an order issued under this subchapter or for a failure to process an order issued under this subchapter. Added by Act 2017, No. 577,§ 2, eff. 8/1/2017

(a) Commencing July 1, 2017, at an initial or subsequent hearing on a petition filed under this subchapter, to ensure that the petitioner may maintain his or her existing wireless telephone number and the wireless numbers of minor children in the petitioner's care, the court may issue an order directing a wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number or numbers to the petitioner if the petitioner: (1) Is not the account holder; and (2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection.

(1) Is not the account holder; and

(2) Proves by a preponderance of the evidence that the petitioner and any minor children in the petitioner's care are the primary users of the wireless telephone numbers that will be ordered transferred by a court under this subsection.

(b) (1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) of this section shall be a separate order that is directed to the wireless telephone service provider. (2) The order shall list: (A) The name and billing telephone number of the account holder; (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and (C) Each telephone number to be transferred to the petitioner. (3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this subchapter. (4) The order shall be served on the wireless telephone service provider's agent for service of process listed with the Secretary of State. (5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when: (A) The account holder has already terminated the account; (B) Differences in network technology prevent the functionality of a device on the network; or (C) There are geographic or other limitations on network or service availability.

(1) An order transferring the billing responsibility for and rights to the wireless telephone number or numbers to a petitioner under subsection (a) of this section shall be a separate order that is directed to the wireless telephone service provider.

(2) The order shall list: (A) The name and billing telephone number of the account holder; (B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and (C) Each telephone number to be transferred to the petitioner.

(A) The name and billing telephone number of the account holder;

(B) The name and contact information of the petitioner to whom the telephone number or numbers will be transferred; and

(C) Each telephone number to be transferred to the petitioner.

(3) The court shall ensure that the petitioner's contact information is not provided to the account holder in proceedings held under this subchapter.

(4) The order shall be served on the wireless telephone service provider's agent for service of process listed with the Secretary of State.

(5) The wireless service provider shall notify the requesting party if the wireless telephone service provider cannot operationally or technically effectuate the order due to certain circumstances, including when: (A) The account holder has already terminated the account; (B) Differences in network technology prevent the functionality of a device on the network; or (C) There are geographic or other limitations on network or service availability.

(A) The account holder has already terminated the account;

(B) Differences in network technology prevent the functionality of a device on the network; or

(C) There are geographic or other limitations on network or service availability.

(c) (1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b) of this section, the petitioner shall assume: (A) Financial responsibility for the transferred wireless telephone number or numbers; (B) Monthly service costs; and (C) Costs for any mobile device associated with the wireless telephone number or numbers. (2) A transfer ordered under subsection (a) of this section does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including without limitation identification, financial information, and customer preferences.

(1) Upon a wireless telephone service provider's transfer of billing responsibility for and rights to a wireless telephone number or numbers to a petitioner under subsection (b) of this section, the petitioner shall assume: (A) Financial responsibility for the transferred wireless telephone number or numbers; (B) Monthly service costs; and (C) Costs for any mobile device associated with the wireless telephone number or numbers.

(A) Financial responsibility for the transferred wireless telephone number or numbers;

(B) Monthly service costs; and

(C) Costs for any mobile device associated with the wireless telephone number or numbers.

(2) A transfer ordered under subsection (a) of this section does not preclude a wireless telephone service provider from applying any routine and customary requirements for account establishment to the petitioner as part of the transfer of billing responsibility for a wireless telephone number or numbers and any devices attached to that number or numbers, including without limitation identification, financial information, and customer preferences.

(d) This section does not affect the ability of the court to apportion the assets and debts of the parties, or the ability to determine the temporary use, possession, and control of personal property under § 9-12-301 et seq.

(e) Notwithstanding any other provision of the law, a wireless telephone service provider, or an officer, employee, assign, or agent of the wireless telephone service provider is not civilly liable for action taken in compliance with an order issued under this subchapter or for a failure to process an order issued under this subchapter.

Added by Act 2017, No. 577,§ 2, eff. 8/1/2017
Ark. Code Ann. § 9-25-103 — AR Code / Title 9 / Chapter 25 / Section 9-25-103
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 8, eff. 8/16/2013 Acts 1873, No. 126, § 7, p. 382; C. & M. Dig., § 5585; Pope's Dig., § 7235; A.S.A. 1947, § 57-107

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

Acts 1873, No. 126, § 7, p. 382; C. & M. Dig., § 5585; Pope's Dig., § 7235; A.S.A. 1947, § 57-107
Ark. Code Ann. § 9-28-801 — AR Code / Title 9 / Chapter 28 / Subchapter 8 / Section 9-28-801
Facility to house older juvenile offenders established
Status: in_force

(a) The Division of Youth Services shall establish a separate facility to house offenders between the ages of eighteen (18) and twenty-one (21) who have been committed to the division. (b) The facility shall be in operation by July 1, 2000, and shall be contingent upon funding. Acts 1999, No. 1272, § 1

(a) The Division of Youth Services shall establish a separate facility to house offenders between the ages of eighteen (18) and twenty-one (21) who have been committed to the division.

(b) The facility shall be in operation by July 1, 2000, and shall be contingent upon funding.

Acts 1999, No. 1272, § 1
Ark. Code Ann. § 9-27-337 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-337
Six-month reviews required
Status: in_force

(a) (1) The court shall review every case of dependency-neglect or families in need of services when: (A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placement for the juvenile; or (B) A juvenile is returned to the parent from whom the child was removed, another fit parent, guardian, or custodian and the court has not discontinued orders for family services. (2) (A) The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child and shall be scheduled by the court following the adjudication and disposition hearing. (B) It shall be reviewed every six (6) months thereafter until permanency is achieved. (3) A six-month review hearing shall not be required for a juvenile who: (A) Is over eighteen (18) years of age; and (B) Has elected to remain in extended foster care or to return to extended foster care under § 9-27-306(a)(1)(B)(ii) . (b) The court may require these cases to be reviewed prior to the sixth-month review hearing, and the court shall announce the date, time, and place of the hearing. (c) At any time during the pendency of any case of dependency-neglect or families in need of services in which an out-of-home placement has occurred, any party may request the court to review the case, and the party requesting the hearing shall provide reasonable notice to all parties. (d) At any time during the course of a case, the department, the attorney ad litem, or the court can request a hearing on whether or not reunification services should be terminated pursuant to § 9-27-327(a)(2) . (e) (1) In each case in which a juvenile has been placed in an out-of-home placement, the court shall conduct a hearing to review the case sufficiently to determine the future status of the juvenile based upon the best interest of the juvenile. (2) (A) The court shall determine and include in its orders the following: (i) Whether the case plan, services, and placement meet the special needs and best interest of the juvenile, with the juvenile's health, safety, and educational needs specifically addressed; (ii) Whether the state has made reasonable efforts to provide family services; (iii) Whether the parent or parents or person from whom custody was removed has demonstrated progress toward the goals of the case plan and whether completion of the goals has benefited the parent in remedying the issues that prevent the safe return of the juvenile; (iv) Whether the case plan is moving toward an appropriate permanency plan under § 9-27-338 for the juvenile; (v) Whether the visitation plan is appropriate for the juvenile, the parent or parents, and any siblings, if separated; and (vi) (a) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home, either permanently or for a trial placement. (b) At any time the court determines that the health and safety of the child can be adequately protected and it is in the best interest of the child, the court shall return the child to a parent or parents from whom custody was removed. (B) (i) The court may order any studies, evaluations, or post-disposition reports, if needed. (ii) All studies, evaluations, or post-disposition reports shall be provided in writing to all parties and counsel at least two (2) days before the review hearing. (iii) All parties shall be given a fair opportunity to controvert any part of a study, evaluation, or post-disposition report. (3) (A) In making its findings, the court shall consider the following: (i) The extent of compliance with the case plan, including without limitation a review of the department's care for the health, safety, and education of the juvenile while he or she has been in an out-of-home placement; (ii) The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement; (iii) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home; and (iv) An appropriate permanency plan under § 9-27-338 for the juvenile, including concurrent planning. (B) Incompletion of the case plan under subdivision (e)(3)(A)(i) of this section is an insufficient reason by itself to deny the juvenile's return to the family home. (f) Each six-month review hearing shall be completed, and the written order under subsection (e) of this section shall be filed by the court or by a party or a party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or before the next hearing, whichever is sooner. Amended by Act 2021, No. 791,§ 3, eff. 7/28/2021. Amended by Act 2017, No. 701,§ 4, eff. 8/1/2017 Amended by Act 2013, No. 490,§ 1, eff. 8/16/2013 Acts 1989, No. 273, § 36; 1995, No. 404, § 1; 1995, No. 533, § 12; 1995, No. 1337, § 8; 1997, No. 1227, § 11; 1999, No. 401, § 12; 2001, No. 987, § 5; 2001, No. 1503, § 11; 2005, No. 1191, § 3; 2005, No. 1990, § 17; 2007, No. 587, § 20

(a) (1) The court shall review every case of dependency-neglect or families in need of services when: (A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placement for the juvenile; or (B) A juvenile is returned to the parent from whom the child was removed, another fit parent, guardian, or custodian and the court has not discontinued orders for family services. (2) (A) The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child and shall be scheduled by the court following the adjudication and disposition hearing. (B) It shall be reviewed every six (6) months thereafter until permanency is achieved. (3) A six-month review hearing shall not be required for a juvenile who: (A) Is over eighteen (18) years of age; and (B) Has elected to remain in extended foster care or to return to extended foster care under § 9-27-306(a)(1)(B)(ii) .

(1) The court shall review every case of dependency-neglect or families in need of services when: (A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placement for the juvenile; or (B) A juvenile is returned to the parent from whom the child was removed, another fit parent, guardian, or custodian and the court has not discontinued orders for family services.

(A) A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placement for the juvenile; or

(B) A juvenile is returned to the parent from whom the child was removed, another fit parent, guardian, or custodian and the court has not discontinued orders for family services.

(2) (A) The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child and shall be scheduled by the court following the adjudication and disposition hearing. (B) It shall be reviewed every six (6) months thereafter until permanency is achieved.

(A) The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child and shall be scheduled by the court following the adjudication and disposition hearing.

(B) It shall be reviewed every six (6) months thereafter until permanency is achieved.

(3) A six-month review hearing shall not be required for a juvenile who: (A) Is over eighteen (18) years of age; and (B) Has elected to remain in extended foster care or to return to extended foster care under § 9-27-306(a)(1)(B)(ii) .

(A) Is over eighteen (18) years of age; and

(B) Has elected to remain in extended foster care or to return to extended foster care under § 9-27-306(a)(1)(B)(ii) .

(b) The court may require these cases to be reviewed prior to the sixth-month review hearing, and the court shall announce the date, time, and place of the hearing.

(c) At any time during the pendency of any case of dependency-neglect or families in need of services in which an out-of-home placement has occurred, any party may request the court to review the case, and the party requesting the hearing shall provide reasonable notice to all parties.

(d) At any time during the course of a case, the department, the attorney ad litem, or the court can request a hearing on whether or not reunification services should be terminated pursuant to § 9-27-327(a)(2) .

(e) (1) In each case in which a juvenile has been placed in an out-of-home placement, the court shall conduct a hearing to review the case sufficiently to determine the future status of the juvenile based upon the best interest of the juvenile. (2) (A) The court shall determine and include in its orders the following: (i) Whether the case plan, services, and placement meet the special needs and best interest of the juvenile, with the juvenile's health, safety, and educational needs specifically addressed; (ii) Whether the state has made reasonable efforts to provide family services; (iii) Whether the parent or parents or person from whom custody was removed has demonstrated progress toward the goals of the case plan and whether completion of the goals has benefited the parent in remedying the issues that prevent the safe return of the juvenile; (iv) Whether the case plan is moving toward an appropriate permanency plan under § 9-27-338 for the juvenile; (v) Whether the visitation plan is appropriate for the juvenile, the parent or parents, and any siblings, if separated; and (vi) (a) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home, either permanently or for a trial placement. (b) At any time the court determines that the health and safety of the child can be adequately protected and it is in the best interest of the child, the court shall return the child to a parent or parents from whom custody was removed. (B) (i) The court may order any studies, evaluations, or post-disposition reports, if needed. (ii) All studies, evaluations, or post-disposition reports shall be provided in writing to all parties and counsel at least two (2) days before the review hearing. (iii) All parties shall be given a fair opportunity to controvert any part of a study, evaluation, or post-disposition report. (3) (A) In making its findings, the court shall consider the following: (i) The extent of compliance with the case plan, including without limitation a review of the department's care for the health, safety, and education of the juvenile while he or she has been in an out-of-home placement; (ii) The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement; (iii) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home; and (iv) An appropriate permanency plan under § 9-27-338 for the juvenile, including concurrent planning. (B) Incompletion of the case plan under subdivision (e)(3)(A)(i) of this section is an insufficient reason by itself to deny the juvenile's return to the family home.

(1) In each case in which a juvenile has been placed in an out-of-home placement, the court shall conduct a hearing to review the case sufficiently to determine the future status of the juvenile based upon the best interest of the juvenile.

(2) (A) The court shall determine and include in its orders the following: (i) Whether the case plan, services, and placement meet the special needs and best interest of the juvenile, with the juvenile's health, safety, and educational needs specifically addressed; (ii) Whether the state has made reasonable efforts to provide family services; (iii) Whether the parent or parents or person from whom custody was removed has demonstrated progress toward the goals of the case plan and whether completion of the goals has benefited the parent in remedying the issues that prevent the safe return of the juvenile; (iv) Whether the case plan is moving toward an appropriate permanency plan under § 9-27-338 for the juvenile; (v) Whether the visitation plan is appropriate for the juvenile, the parent or parents, and any siblings, if separated; and (vi) (a) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home, either permanently or for a trial placement. (b) At any time the court determines that the health and safety of the child can be adequately protected and it is in the best interest of the child, the court shall return the child to a parent or parents from whom custody was removed. (B) (i) The court may order any studies, evaluations, or post-disposition reports, if needed. (ii) All studies, evaluations, or post-disposition reports shall be provided in writing to all parties and counsel at least two (2) days before the review hearing. (iii) All parties shall be given a fair opportunity to controvert any part of a study, evaluation, or post-disposition report.

(A) The court shall determine and include in its orders the following: (i) Whether the case plan, services, and placement meet the special needs and best interest of the juvenile, with the juvenile's health, safety, and educational needs specifically addressed; (ii) Whether the state has made reasonable efforts to provide family services; (iii) Whether the parent or parents or person from whom custody was removed has demonstrated progress toward the goals of the case plan and whether completion of the goals has benefited the parent in remedying the issues that prevent the safe return of the juvenile; (iv) Whether the case plan is moving toward an appropriate permanency plan under § 9-27-338 for the juvenile; (v) Whether the visitation plan is appropriate for the juvenile, the parent or parents, and any siblings, if separated; and (vi) (a) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home, either permanently or for a trial placement. (b) At any time the court determines that the health and safety of the child can be adequately protected and it is in the best interest of the child, the court shall return the child to a parent or parents from whom custody was removed.

(i) Whether the case plan, services, and placement meet the special needs and best interest of the juvenile, with the juvenile's health, safety, and educational needs specifically addressed;

(ii) Whether the state has made reasonable efforts to provide family services;

(iii) Whether the parent or parents or person from whom custody was removed has demonstrated progress toward the goals of the case plan and whether completion of the goals has benefited the parent in remedying the issues that prevent the safe return of the juvenile;

(iv) Whether the case plan is moving toward an appropriate permanency plan under § 9-27-338 for the juvenile;

(v) Whether the visitation plan is appropriate for the juvenile, the parent or parents, and any siblings, if separated; and

(vi) (a) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home, either permanently or for a trial placement. (b) At any time the court determines that the health and safety of the child can be adequately protected and it is in the best interest of the child, the court shall return the child to a parent or parents from whom custody was removed.

(a) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home, either permanently or for a trial placement.

(b) At any time the court determines that the health and safety of the child can be adequately protected and it is in the best interest of the child, the court shall return the child to a parent or parents from whom custody was removed.

(B) (i) The court may order any studies, evaluations, or post-disposition reports, if needed. (ii) All studies, evaluations, or post-disposition reports shall be provided in writing to all parties and counsel at least two (2) days before the review hearing. (iii) All parties shall be given a fair opportunity to controvert any part of a study, evaluation, or post-disposition report.

(i) The court may order any studies, evaluations, or post-disposition reports, if needed.

(ii) All studies, evaluations, or post-disposition reports shall be provided in writing to all parties and counsel at least two (2) days before the review hearing.

(iii) All parties shall be given a fair opportunity to controvert any part of a study, evaluation, or post-disposition report.

(3) (A) In making its findings, the court shall consider the following: (i) The extent of compliance with the case plan, including without limitation a review of the department's care for the health, safety, and education of the juvenile while he or she has been in an out-of-home placement; (ii) The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement; (iii) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home; and (iv) An appropriate permanency plan under § 9-27-338 for the juvenile, including concurrent planning. (B) Incompletion of the case plan under subdivision (e)(3)(A)(i) of this section is an insufficient reason by itself to deny the juvenile's return to the family home.

(A) In making its findings, the court shall consider the following: (i) The extent of compliance with the case plan, including without limitation a review of the department's care for the health, safety, and education of the juvenile while he or she has been in an out-of-home placement; (ii) The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement; (iii) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home; and (iv) An appropriate permanency plan under § 9-27-338 for the juvenile, including concurrent planning.

(i) The extent of compliance with the case plan, including without limitation a review of the department's care for the health, safety, and education of the juvenile while he or she has been in an out-of-home placement;

(ii) The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement;

(iii) Whether the juvenile should be returned to his or her parent or parents and whether or not the juvenile's health and safety can be protected by his or her parent or parents if returned home; and

(iv) An appropriate permanency plan under § 9-27-338 for the juvenile, including concurrent planning.

(B) Incompletion of the case plan under subdivision (e)(3)(A)(i) of this section is an insufficient reason by itself to deny the juvenile's return to the family home.

(f) Each six-month review hearing shall be completed, and the written order under subsection (e) of this section shall be filed by the court or by a party or a party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or before the next hearing, whichever is sooner.

Amended by Act 2021, No. 791,§ 3, eff. 7/28/2021.

Amended by Act 2017, No. 701,§ 4, eff. 8/1/2017

Amended by Act 2013, No. 490,§ 1, eff. 8/16/2013

Acts 1989, No. 273, § 36; 1995, No. 404, § 1; 1995, No. 533, § 12; 1995, No. 1337, § 8; 1997, No. 1227, § 11; 1999, No. 401, § 12; 2001, No. 987, § 5; 2001, No. 1503, § 11; 2005, No. 1191, § 3; 2005, No. 1990, § 17; 2007, No. 587, § 20
Ark. Code Ann. § 9-11-601 — AR Code / Title 9 / Chapter 11 / Subchapter 6 / Section 9-11-601
Obligations to support spouse unaffected by subchapter
Status: in_force

Nothing in this subchapter shall be construed to release the plaintiff from any legal obligation the plaintiff may be under to support the defendant out of the plaintiff's estate, the same as if this subchapter had not been enacted. Acts 1905, No. 337, § 4, p. 794; C. & M. Dig., § 3564; Pope's Dig., § 4450; Acts 1981, No. 714, § 12; A.S.A. 1947, § 59-704

Nothing in this subchapter shall be construed to release the plaintiff from any legal obligation the plaintiff may be under to support the defendant out of the plaintiff's estate, the same as if this subchapter had not been enacted.

Acts 1905, No. 337, § 4, p. 794; C. & M. Dig., § 3564; Pope's Dig., § 4450; Acts 1981, No. 714, § 12; A.S.A. 1947, § 59-704