Ark. Code Ann. § 9-27-355 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-355
Placement of juveniles
Status: in_force

(a) The court shall not specify a particular provider for placement of a foster child. (b) (1) (A) When the Department of Human Services takes custody of a juvenile under § 12-18-1001 , or when the court determines that a juvenile shall be removed from his or her home under this subchapter, the department shall conduct an immediate assessment to locate: (i) A noncustodial parent of the juvenile; (ii) Recommended relatives of the juvenile, including each grandparent of the juvenile, and all parents of the juvenile's sibling if the parent has custody of the sibling; and (iii) Fictive kin identified by the juvenile as one (1) or more persons who play or have a significant positive role in his or her life. (B) (i) If there is a safety issue identified from a Child Maltreatment Central Registry check or criminal background check, the department is not required to provide further assessment or notice to the persons identified under subdivision (b)(1)(A) of this section. (ii) If there is not a safety issue identified in a Child Maltreatment Central Registry check or criminal background check regarding all the persons identified under subdivision (b)(1)(A) of this section, the department shall provide in writing to the persons identified the following notice: (a) A statement saying that the juvenile has been or is being removed from his or her parent; (b) An explanation concerning how to participate and be considered for care, placement, and family time with the juvenile; (c) Information needed for a child welfare safety check and home study, if the person is interested in placement; (d) Information about provisional relative foster care, fictive kin, and other supportive benefits available through the department; (e) A statement saying that failure to timely respond may result in the loss of opportunities to be involved in the care, placement, and family time with the juvenile; and (f) The name, phone number, email address, and physical address of the caseworker and supervisor assigned to the case. (C) If the court has not transferred custody to a noncustodial parent, relative, or other individual, or the department has not placed the juvenile in provisional relative placement or fictive kin placement, the department shall continue its assessment under subdivisions (b)(1)(A) and (B) of this section throughout the case. (D) The department shall provide upon request of the court, parties to the proceeding, or counsel for the parties to the proceeding a record of the efforts made to locate the noncustodial parent, relatives, fictive kin, or other persons identified under subdivision (b)(1)(A) of this section and the results of the assessment, including the following information concerning the identified person: (i) Name; (ii) Last known address and phone number; (iii) The appropriateness of placement based on the department's assessment of the person; and (iv) Other identifying or relevant information to the extent known by the department. (E) (i) A relative or fictive kin identified by the department under subdivision (b)(1)(A) of this section shall be given preferential consideration for placement if the relative or fictive kin meets all relevant protective standards and it is in the best interest of the juvenile to be placed with the relative or fictive kin. (ii) In all placements, preferential consideration for a relative or fictive kin shall be given at all stages of the case. (iii) If the court denies placement with a relative or fictive kin, the court shall make specific findings of fact in writing regarding the considerations given to the relative or fictive kin and the reasons the placement was denied. (iv) The court shall not base its decision to place the juvenile solely upon the consideration of the relationship formed between the juvenile and a foster parent. (F) (i) The court may transfer custody to any relative or any other person recommended by the department, the parent, or any party upon review of a home study, including criminal background and child maltreatment reports, and a finding that custody is in the best interest of the child. (ii) A home study is not required for a parent of a juvenile. (2) Placement or custody of a juvenile in the home of a relative, fictive kin, or other person shall not relieve the department of its responsibility to actively implement the goal of the case. (3) (A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until the home is opened as a regular foster home, as a provisional foster home if the person is a relative to one (1) of the children in the sibling group, including step-siblings, or the court grants custody of the juvenile to the relative, fictive kin, or other person after a written approved home study is presented to the court. (B) For placement only with a relative or fictive kin: (i) The juvenile and the juvenile's siblings or step-siblings may be placed in the home of a relative or fictive kin on a provisional basis for up to six (6) months pending the relative or fictive kin's home being opened as a regular foster home; (ii) (a) If the relative or fictive kin opts to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until the relative or fictive kin meets all of the requirements and his or her home is opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board payment from the department for no more than six (6) months unless fully opened as a foster home; (iii) Until the relative or fictive kin's home is opened as a regular foster home, the relative or fictive kin may: (a) Apply for and receive benefits that the relative or fictive kin may be entitled to due to the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program; and (b) Receive child support or any federal benefits paid on behalf of the juvenile in the relative or fictive kin's home; and (iv) If the relative or fictive kin's home is not fully licensed as a foster home after six (6) months of the placement of the juvenile and the siblings or step-siblings in the home: (a) The department shall remove the juvenile and any of the siblings or step-siblings from the relative or fictive kin's home and close the relative or fictive kin's provisional foster home; or (b) The court shall remove custody from the department and grant custody of the juvenile to the relative or fictive kin subject to the limitations outlined in subdivision (b)(4) of this section. (4) If the court grants custody of the juvenile and any siblings or step-siblings to the relative, fictive kin, or other person: (A) (i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative, fictive kin, or other person. (ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative, fictive kin, or other person, placed in the custody of the department, and then remain or be returned to the home of the relative, fictive kin, or other person while remaining in the custody of the department; (B) (i) The relative, fictive kin, or other person shall not receive any financial assistance, including board payments, from the department, except for financial assistance for which the relative, fictive kin, or other person has applied and for which the relative, fictive kin, or other person qualifies under the program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy. (ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a monthly board payment from the department for no more than six (6) months unless fully opened as a foster home; and (C) The department shall not be ordered to pay the equivalent of board payments, adoption subsidies, or guardianship subsidies to the relative, fictive kin, or other person as reasonable efforts to prevent removal of custody from the relative, fictive kin, or other person. (5) In an action under this subsection concerning placement of a juvenile, the circuit court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age. (c) (1) (A) The court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for a period of: (i) No longer than sixty (60) days; or (ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department. (B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days. (C) A trial home placement with a parent who did not have custody of the juvenile at the time of the removal of the juvenile and placement into the custody of the department may occur only after the court or the department determines that: (i) The trial home placement is in the best interest of the juvenile; (ii) The noncustodial parent does not have a restriction on contact with the juvenile; and (iii) There is no safety concern with the trial home placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and supportive services. (2) (A) At every stage of the case, the court shall consider the least restrictive placement for the juvenile and assess safety concerns that prevent either a trial home placement or the juvenile from being returned to or placed in the custody of the parent of the juvenile. (B) The court shall detail the safety concerns in subdivision (c)(2)(A) of this section in its written order. (C) Failure to complete a case plan is not a sufficient reason alone to deny the placement of the juvenile in the home of a parent of the juvenile. (D) A trial home placement may be made with a parent of the juvenile or the person from whom custody of the juvenile was removed. (3) At the end of the trial home placement: (A) The court shall place custody of the juvenile with the parent of the juvenile or the person from whom custody of the juvenile was removed; or (B) The department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402 . (d) When a juvenile leaves the custody of the department and the court grants custody to the parent or another person, the department is no longer legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction. Amended by Act 2023, No. 363,§ 14, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 13, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 12, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 168,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 541,§ 9, eff. 7/24/2019. Amended by Act 2017, No. 1116,§ 1, eff. 8/1/2017 Amended by Act 2013, No. 1055,§ 21, eff. 8/16/2013 Amended by Act 2013, No. 1055,§ 13, eff. 8/16/2013 Amended by Act 2013, No. 478,§ 1, eff. 8/16/2013 Acts 2003, No. 1319, § 26; 2005, No. 874, § 1; 2007, No. 587, §§ 26, 27; 2011, No. 591, § 7

(a) The court shall not specify a particular provider for placement of a foster child.

(b) (1) (A) When the Department of Human Services takes custody of a juvenile under § 12-18-1001 , or when the court determines that a juvenile shall be removed from his or her home under this subchapter, the department shall conduct an immediate assessment to locate: (i) A noncustodial parent of the juvenile; (ii) Recommended relatives of the juvenile, including each grandparent of the juvenile, and all parents of the juvenile's sibling if the parent has custody of the sibling; and (iii) Fictive kin identified by the juvenile as one (1) or more persons who play or have a significant positive role in his or her life. (B) (i) If there is a safety issue identified from a Child Maltreatment Central Registry check or criminal background check, the department is not required to provide further assessment or notice to the persons identified under subdivision (b)(1)(A) of this section. (ii) If there is not a safety issue identified in a Child Maltreatment Central Registry check or criminal background check regarding all the persons identified under subdivision (b)(1)(A) of this section, the department shall provide in writing to the persons identified the following notice: (a) A statement saying that the juvenile has been or is being removed from his or her parent; (b) An explanation concerning how to participate and be considered for care, placement, and family time with the juvenile; (c) Information needed for a child welfare safety check and home study, if the person is interested in placement; (d) Information about provisional relative foster care, fictive kin, and other supportive benefits available through the department; (e) A statement saying that failure to timely respond may result in the loss of opportunities to be involved in the care, placement, and family time with the juvenile; and (f) The name, phone number, email address, and physical address of the caseworker and supervisor assigned to the case. (C) If the court has not transferred custody to a noncustodial parent, relative, or other individual, or the department has not placed the juvenile in provisional relative placement or fictive kin placement, the department shall continue its assessment under subdivisions (b)(1)(A) and (B) of this section throughout the case. (D) The department shall provide upon request of the court, parties to the proceeding, or counsel for the parties to the proceeding a record of the efforts made to locate the noncustodial parent, relatives, fictive kin, or other persons identified under subdivision (b)(1)(A) of this section and the results of the assessment, including the following information concerning the identified person: (i) Name; (ii) Last known address and phone number; (iii) The appropriateness of placement based on the department's assessment of the person; and (iv) Other identifying or relevant information to the extent known by the department. (E) (i) A relative or fictive kin identified by the department under subdivision (b)(1)(A) of this section shall be given preferential consideration for placement if the relative or fictive kin meets all relevant protective standards and it is in the best interest of the juvenile to be placed with the relative or fictive kin. (ii) In all placements, preferential consideration for a relative or fictive kin shall be given at all stages of the case. (iii) If the court denies placement with a relative or fictive kin, the court shall make specific findings of fact in writing regarding the considerations given to the relative or fictive kin and the reasons the placement was denied. (iv) The court shall not base its decision to place the juvenile solely upon the consideration of the relationship formed between the juvenile and a foster parent. (F) (i) The court may transfer custody to any relative or any other person recommended by the department, the parent, or any party upon review of a home study, including criminal background and child maltreatment reports, and a finding that custody is in the best interest of the child. (ii) A home study is not required for a parent of a juvenile. (2) Placement or custody of a juvenile in the home of a relative, fictive kin, or other person shall not relieve the department of its responsibility to actively implement the goal of the case. (3) (A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until the home is opened as a regular foster home, as a provisional foster home if the person is a relative to one (1) of the children in the sibling group, including step-siblings, or the court grants custody of the juvenile to the relative, fictive kin, or other person after a written approved home study is presented to the court. (B) For placement only with a relative or fictive kin: (i) The juvenile and the juvenile's siblings or step-siblings may be placed in the home of a relative or fictive kin on a provisional basis for up to six (6) months pending the relative or fictive kin's home being opened as a regular foster home; (ii) (a) If the relative or fictive kin opts to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until the relative or fictive kin meets all of the requirements and his or her home is opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board payment from the department for no more than six (6) months unless fully opened as a foster home; (iii) Until the relative or fictive kin's home is opened as a regular foster home, the relative or fictive kin may: (a) Apply for and receive benefits that the relative or fictive kin may be entitled to due to the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program; and (b) Receive child support or any federal benefits paid on behalf of the juvenile in the relative or fictive kin's home; and (iv) If the relative or fictive kin's home is not fully licensed as a foster home after six (6) months of the placement of the juvenile and the siblings or step-siblings in the home: (a) The department shall remove the juvenile and any of the siblings or step-siblings from the relative or fictive kin's home and close the relative or fictive kin's provisional foster home; or (b) The court shall remove custody from the department and grant custody of the juvenile to the relative or fictive kin subject to the limitations outlined in subdivision (b)(4) of this section. (4) If the court grants custody of the juvenile and any siblings or step-siblings to the relative, fictive kin, or other person: (A) (i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative, fictive kin, or other person. (ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative, fictive kin, or other person, placed in the custody of the department, and then remain or be returned to the home of the relative, fictive kin, or other person while remaining in the custody of the department; (B) (i) The relative, fictive kin, or other person shall not receive any financial assistance, including board payments, from the department, except for financial assistance for which the relative, fictive kin, or other person has applied and for which the relative, fictive kin, or other person qualifies under the program guidelines, such as the Transitional Employment Assistance Program, the Supplemental Nutrition Assistance Program, Medicaid, and a federal adoption subsidy. (ii) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a monthly board payment from the department for no more than six (6) months unless fully opened as a foster home; and (C) The department shall not be ordered to pay the equivalent of board payments, adoption subsidies, or guardianship subsidies to the relative, fictive kin, or other person as reasonable efforts to prevent removal of custody from the relative, fictive kin, or other person. (5) In an action under this subsection concerning placement of a juvenile, the circuit court may consider the preferences of the juvenile if the juvenile is of a sufficient age and capacity to reason, regardless of the juvenile's chronological age.

(1) (A) When the Department of Human Services takes custody of a juvenile under § 12-18-1001 , or when the court determines that a juvenile shall be removed from his or her home under this subchapter, the department shall conduct an immediate assessment to locate: (i) A noncustodial parent of the juvenile; (ii) Recommended relatives of the juvenile, including each grandparent of the juvenile, and all parents of the juvenile's sibling if the parent has custody of the sibling; and (iii) Fictive kin identified by the juvenile as one (1) or more persons who play or have a significant positive role in his or her life. (B) (i) If there is a safety issue identified from a Child Maltreatment Central Registry check or criminal background check, the department is not required to provide further assessment or notice to the persons identified under subdivision (b)(1)(A) of this section. (ii) If there is not a safety issue identified in a Child Maltreatment Central Registry check or criminal background check regarding all the persons identified under subdivision (b)(1)(A) of this section, the department shall provide in writing to the persons identified the following notice: (a) A statement saying that the juvenile has been or is being removed from his or her parent; (b) An explanation concerning how to participate and be considered for care, placement, and family time with the juvenile; (c) Information needed for a child welfare safety check and home study, if the person is interested in placement; (d) Information about provisional relative foster care, fictive kin, and other supportive benefits available through the department; (e) A statement saying that failure to timely respond may result in the loss of opportunities to be involved in the care, placement, and family time with the juvenile; and (f) The name, phone number, email address, and physical address of the caseworker and supervisor assigned to the case. (C) If the court has not transferred custody to a noncustodial parent, relative, or other individual, or the department has not placed the juvenile in provisional relative placement or fictive kin placement, the department shall continue its assessment under subdivisions (b)(1)(A) and (B) of this section throughout the case. (D) The department shall provide upon request of the court, parties to the proceeding, or counsel for the parties to the proceeding a record of the efforts made to locate the noncustodial parent, relatives, fictive kin, or other persons identified under subdivision (b)(1)(A) of this section and the results of the assessment, including the following information concerning the identified person: (i) Name; (ii) Last known address and phone number; (iii) The appropriateness of placement based on the department's assessment of the person; and (iv) Other identifying or relevant information to the extent known by the department. (E) (i) A relative or fictive kin identified by the department under subdivision (b)(1)(A) of this section shall be given preferential consideration for placement if the relative or fictive kin meets all relevant protective standards and it is in the best interest of the juvenile to be placed with the relative or fictive kin. (ii) In all placements, preferential consideration for a relative or fictive kin shall be given at all stages of the case. (iii) If the court denies placement with a relative or fictive kin, the court shall make specific findings of fact in writing regarding the considerations given to the relative or fictive kin and the reasons the placement was denied. (iv) The court shall not base its decision to place the juvenile solely upon the consideration of the relationship formed between the juvenile and a foster parent. (F) (i) The court may transfer custody to any relative or any other person recommended by the department, the parent, or any party upon review of a home study, including criminal background and child maltreatment reports, and a finding that custody is in the best interest of the child. (ii) A home study is not required for a parent of a juvenile.

(A) When the Department of Human Services takes custody of a juvenile under § 12-18-1001 , or when the court determines that a juvenile shall be removed from his or her home under this subchapter, the department shall conduct an immediate assessment to locate: (i) A noncustodial parent of the juvenile; (ii) Recommended relatives of the juvenile, including each grandparent of the juvenile, and all parents of the juvenile's sibling if the parent has custody of the sibling; and (iii) Fictive kin identified by the juvenile as one (1) or more persons who play or have a significant positive role in his or her life.

(i) A noncustodial parent of the juvenile;

(ii) Recommended relatives of the juvenile, including each grandparent of the juvenile, and all parents of the juvenile's sibling if the parent has custody of the sibling; and

(iii) Fictive kin identified by the juvenile as one (1) or more persons who play or have a significant positive role in his or her life.

(B) (i) If there is a safety issue identified from a Child Maltreatment Central Registry check or criminal background check, the department is not required to provide further assessment or notice to the persons identified under subdivision (b)(1)(A) of this section. (ii) If there is not a safety issue identified in a Child Maltreatment Central Registry check or criminal background check regarding all the persons identified under subdivision (b)(1)(A) of this section, the department shall provide in writing to the persons identified the following notice: (a) A statement saying that the juvenile has been or is being removed from his or her parent; (b) An explanation concerning how to participate and be considered for care, placement, and family time with the juvenile; (c) Information needed for a child welfare safety check and home study, if the person is interested in placement; (d) Information about provisional relative foster care, fictive kin, and other supportive benefits available through the department; (e) A statement saying that failure to timely respond may result in the loss of opportunities to be involved in the care, placement, and family time with the juvenile; and (f) The name, phone number, email address, and physical address of the caseworker and supervisor assigned to the case.

(i) If there is a safety issue identified from a Child Maltreatment Central Registry check or criminal background check, the department is not required to provide further assessment or notice to the persons identified under subdivision (b)(1)(A) of this section.

(ii) If there is not a safety issue identified in a Child Maltreatment Central Registry check or criminal background check regarding all the persons identified under subdivision (b)(1)(A) of this section, the department shall provide in writing to the persons identified the following notice: (a) A statement saying that the juvenile has been or is being removed from his or her parent; (b) An explanation concerning how to participate and be considered for care, placement, and family time with the juvenile; (c) Information needed for a child welfare safety check and home study, if the person is interested in placement; (d) Information about provisional relative foster care, fictive kin, and other supportive benefits available through the department; (e) A statement saying that failure to timely respond may result in the loss of opportunities to be involved in the care, placement, and family time with the juvenile; and (f) The name, phone number, email address, and physical address of the caseworker and supervisor assigned to the case.

(a) A statement saying that the juvenile has been or is being removed from his or her parent;

(b) An explanation concerning how to participate and be considered for care, placement, and family time with the juvenile;

(c) Information needed for a child welfare safety check and home study, if the person is interested in placement;

(d) Information about provisional relative foster care, fictive kin, and other supportive benefits available through the department;

(e) A statement saying that failure to timely respond may result in the loss of opportunities to be involved in the care, placement, and family time with the juvenile; and

(f) The name, phone number, email address, and physical address of the caseworker and supervisor assigned to the case.

(C) If the court has not transferred custody to a noncustodial parent, relative, or other individual, or the department has not placed the juvenile in provisional relative placement or fictive kin placement, the department shall continue its assessment under subdivisions (b)(1)(A) and (B) of this section throughout the case.

(D) The department shall provide upon request of the court, parties to the proceeding, or counsel for the parties to the proceeding a record of the efforts made to locate the noncustodial parent, relatives, fictive kin, or other persons identified under subdivision (b)(1)(A) of this section and the results of the assessment, including the following information concerning the identified person: (i) Name; (ii) Last known address and phone number; (iii) The appropriateness of placement based on the department's assessment of the person; and (iv) Other identifying or relevant information to the extent known by the department.

(i) Name;

(ii) Last known address and phone number;

(iii) The appropriateness of placement based on the department's assessment of the person; and

(iv) Other identifying or relevant information to the extent known by the department.

(E) (i) A relative or fictive kin identified by the department under subdivision (b)(1)(A) of this section shall be given preferential consideration for placement if the relative or fictive kin meets all relevant protective standards and it is in the best interest of the juvenile to be placed with the relative or fictive kin. (ii) In all placements, preferential consideration for a relative or fictive kin shall be given at all stages of the case. (iii) If the court denies placement with a relative or fictive kin, the court shall make specific findings of fact in writing regarding the considerations given to the relative or fictive kin and the reasons the placement was denied. (iv) The court shall not base its decision to place the juvenile solely upon the consideration of the relationship formed between the juvenile and a foster parent.

(i) A relative or fictive kin identified by the department under subdivision (b)(1)(A) of this section shall be given preferential consideration for placement if the relative or fictive kin meets all relevant protective standards and it is in the best interest of the juvenile to be placed with the relative or fictive kin.

(ii) In all placements, preferential consideration for a relative or fictive kin shall be given at all stages of the case.

(iii) If the court denies placement with a relative or fictive kin, the court shall make specific findings of fact in writing regarding the considerations given to the relative or fictive kin and the reasons the placement was denied.

(iv) The court shall not base its decision to place the juvenile solely upon the consideration of the relationship formed between the juvenile and a foster parent.

(F) (i) The court may transfer custody to any relative or any other person recommended by the department, the parent, or any party upon review of a home study, including criminal background and child maltreatment reports, and a finding that custody is in the best interest of the child. (ii) A home study is not required for a parent of a juvenile.

(i) The court may transfer custody to any relative or any other person recommended by the department, the parent, or any party upon review of a home study, including criminal background and child maltreatment reports, and a finding that custody is in the best interest of the child.

(ii) A home study is not required for a parent of a juvenile.

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

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

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

(B) For placement only with a relative or fictive kin: (i) The juvenile and the juvenile's siblings or step-siblings may be placed in the home of a relative or fictive kin on a provisional basis for up to six (6) months pending the relative or fictive kin's home being opened as a regular foster home; (ii) (a) If the relative or fictive kin opts to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until the relative or fictive kin meets all of the requirements and his or her home is opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board payment from the department for no more than six (6) months unless fully opened as a foster home; (iii) Until the relative or fictive kin's home is opened as a regular foster home, the relative or fictive kin may: (a) Apply for and receive benefits that the relative or fictive kin may be entitled to due to the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program; and (b) Receive child support or any federal benefits paid on behalf of the juvenile in the relative or fictive kin's home; and (iv) If the relative or fictive kin's home is not fully licensed as a foster home after six (6) months of the placement of the juvenile and the siblings or step-siblings in the home: (a) The department shall remove the juvenile and any of the siblings or step-siblings from the relative or fictive kin's home and close the relative or fictive kin's provisional foster home; or (b) The court shall remove custody from the department and grant custody of the juvenile to the relative or fictive kin subject to the limitations outlined in subdivision (b)(4) of this section.

(i) The juvenile and the juvenile's siblings or step-siblings may be placed in the home of a relative or fictive kin on a provisional basis for up to six (6) months pending the relative or fictive kin's home being opened as a regular foster home;

(ii) (a) If the relative or fictive kin opts to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until the relative or fictive kin meets all of the requirements and his or her home is opened as a regular foster home. (b) A relative or fictive kin who has his or her home opened as a provisional foster home may receive a board payment from the department for no more than six (6) months unless fully opened as a foster home;

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

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

(iii) Until the relative or fictive kin's home is opened as a regular foster home, the relative or fictive kin may: (a) Apply for and receive benefits that the relative or fictive kin may be entitled to due to the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program; and (b) Receive child support or any federal benefits paid on behalf of the juvenile in the relative or fictive kin's home; and

(a) Apply for and receive benefits that the relative or fictive kin may be entitled to due to the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401 , and the Supplemental Nutrition Assistance Program; and

(b) Receive child support or any federal benefits paid on behalf of the juvenile in the relative or fictive kin's home; and

(iv) If the relative or fictive kin's home is not fully licensed as a foster home after six (6) months of the placement of the juvenile and the siblings or step-siblings in the home: (a) The department shall remove the juvenile and any of the siblings or step-siblings from the relative or fictive kin's home and close the relative or fictive kin's provisional foster home; or (b) The court shall remove custody from the department and grant custody of the juvenile to the relative or fictive kin subject to the limitations outlined in subdivision (b)(4) of this section.

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

(b) The court shall remove custody from the department and grant custody of the juvenile to the relative or fictive kin subject to the limitations outlined in subdivision (b)(4) of this section.

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

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

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

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

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

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

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

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

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

(c) (1) (A) The court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for a period of: (i) No longer than sixty (60) days; or (ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department. (B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days. (C) A trial home placement with a parent who did not have custody of the juvenile at the time of the removal of the juvenile and placement into the custody of the department may occur only after the court or the department determines that: (i) The trial home placement is in the best interest of the juvenile; (ii) The noncustodial parent does not have a restriction on contact with the juvenile; and (iii) There is no safety concern with the trial home placement after reviewing: (a) The criminal background of the noncustodial parent; (b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and (c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and supportive services. (2) (A) At every stage of the case, the court shall consider the least restrictive placement for the juvenile and assess safety concerns that prevent either a trial home placement or the juvenile from being returned to or placed in the custody of the parent of the juvenile. (B) The court shall detail the safety concerns in subdivision (c)(2)(A) of this section in its written order. (C) Failure to complete a case plan is not a sufficient reason alone to deny the placement of the juvenile in the home of a parent of the juvenile. (D) A trial home placement may be made with a parent of the juvenile or the person from whom custody of the juvenile was removed. (3) At the end of the trial home placement: (A) The court shall place custody of the juvenile with the parent of the juvenile or the person from whom custody of the juvenile was removed; or (B) The department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402 .

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

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

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

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

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

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

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

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

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

(a) The criminal background of the noncustodial parent;

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

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

(2) (A) At every stage of the case, the court shall consider the least restrictive placement for the juvenile and assess safety concerns that prevent either a trial home placement or the juvenile from being returned to or placed in the custody of the parent of the juvenile. (B) The court shall detail the safety concerns in subdivision (c)(2)(A) of this section in its written order. (C) Failure to complete a case plan is not a sufficient reason alone to deny the placement of the juvenile in the home of a parent of the juvenile. (D) A trial home placement may be made with a parent of the juvenile or the person from whom custody of the juvenile was removed.

(A) At every stage of the case, the court shall consider the least restrictive placement for the juvenile and assess safety concerns that prevent either a trial home placement or the juvenile from being returned to or placed in the custody of the parent of the juvenile.

(B) The court shall detail the safety concerns in subdivision (c)(2)(A) of this section in its written order.

(C) Failure to complete a case plan is not a sufficient reason alone to deny the placement of the juvenile in the home of a parent of the juvenile.

(D) A trial home placement may be made with a parent of the juvenile or the person from whom custody of the juvenile was removed.

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

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

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

(d) When a juvenile leaves the custody of the department and the court grants custody to the parent or another person, the department is no longer legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction.

Amended by Act 2023, No. 363,§ 14, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 13, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 12, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 11, eff. 8/1/2023.

Amended by Act 2023, No. 168,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 541,§ 9, eff. 7/24/2019.

Amended by Act 2017, No. 1116,§ 1, eff. 8/1/2017

Amended by Act 2013, No. 1055,§ 21, eff. 8/16/2013

Amended by Act 2013, No. 1055,§ 13, eff. 8/16/2013

Amended by Act 2013, No. 478,§ 1, eff. 8/16/2013

Acts 2003, No. 1319, § 26; 2005, No. 874, § 1; 2007, No. 587, §§ 26, 27; 2011, No. 591, § 7
Ark. Code Ann. § 9-13-406 — AR Code / Title 9 / Chapter 13 / Subchapter 4 / Section 9-13-406
Abduction prevention measures
Status: in_force

(a) If the court finds that it is in the best interest of the child to take measures to protect the child from international child abduction under this subchapter, then the court may take any of the following actions: (1) Appoint a person as the sole managing custodian of the child other than the parent or custodian who presents a risk of international child abduction; (2) Change the existing order regarding custody or visitation to avoid the risk of international child abduction; (3) Order supervised visitation to prevent the child from becoming a victim of international child abduction for any of the following who present a risk of international child abduction under this subchapter: (A) The parent; (B) The custodian; or (C) Any other individual who has been granted visitation rights; (4) Enjoin the parent, custodian, or any person acting on behalf of the parent or custodian who presents a risk of international child abduction from: (A) Disrupting or removing the child from the school or childcare facility in which the child is enrolled; or (B) Approaching the child at any location other than a site designated for supervised visitation; (5) Order passport and travel controls, including controls that prohibit the parent, custodian, or any person acting on the behalf of the parent or custodian who presents a risk of international child abduction: (A) From removing the child from this state or the United States; (B) To surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and (C) From applying on behalf of the child for a new or replacement passport or international travel visa; (6) Require the parent or custodian who presents a risk of international child abduction to provide: (A) To the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy: (i) Written notice of the court-ordered passport and travel restrictions for the child; and (ii) A properly authenticated copy of the court order detailing the restrictions and documentation of the parent's or custodian's agreement to the restrictions; and (B) To the court, proof of receipt of the written notice required by subdivision (a)(6)(A)(i) of this section by the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy; (7) Order the parent, custodian, or person acting on behalf of the parent or custodian who presents a risk of international child abduction to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by that person to a foreign country; (8) Authorize the appropriate law enforcement agencies to take measures to prevent the child from becoming a victim of international child abduction; or (9) Include in the court's order provisions that: (A) Identify the United States as the country of habitual residence of the child; (B) Define the basis for the court's exercise of jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.; (C) State the manner in which notice and opportunity to be heard were given to other parties to the matter, including the parent or custodian; (D) State a thorough description of the following: (i) Who has custody of the child; (ii) Who has visitation rights with the child; (iii) Whose visitation rights must be supervised; (iv) The specific requirements of any ordered supervised visitation as applied to each person with visitation rights; and (v) Any other limitations regarding custody or visitation; and (E) State that a party's violation of the order may subject the party to a civil penalty, a criminal penalty under § 5-26-501 et seq., or to both civil and criminal penalties. (b) (1) If a court orders supervised visitation under subdivision (a)(3) of this section, the court shall order the supervised visitation to continue until the court finds that supervised visitation is no longer necessary or until the child reaches eighteen (18) years of age. (2) If the court orders supervised visitation under subdivision (a)(3) of this section, the court's order regarding supervised visitation shall require: (A) That the supervisor be present with the child at all times; (B) That the supervised visitation takes place at all times at a visitation center or other location that is adequate to prevent the child from becoming a victim of international child abduction; and (C) The usage of all necessary security professionals, protocols, procedures, or devices that are: (i) Adequate to prevent the child from becoming a victim of international child abduction; (ii) Available in the geographic area of the supervised visitation location; and (iii) Recognized in the security profession as effective in securing a location and the safety of a person. (c) The court shall consider the requests of the parent or custodian who does not pose a risk of international child abduction when determining the best methods to prevent the international abduction of a child at risk of becoming a victim of international child abduction. Acts 2005, No. 170, § 1

(a) If the court finds that it is in the best interest of the child to take measures to protect the child from international child abduction under this subchapter, then the court may take any of the following actions: (1) Appoint a person as the sole managing custodian of the child other than the parent or custodian who presents a risk of international child abduction; (2) Change the existing order regarding custody or visitation to avoid the risk of international child abduction; (3) Order supervised visitation to prevent the child from becoming a victim of international child abduction for any of the following who present a risk of international child abduction under this subchapter: (A) The parent; (B) The custodian; or (C) Any other individual who has been granted visitation rights; (4) Enjoin the parent, custodian, or any person acting on behalf of the parent or custodian who presents a risk of international child abduction from: (A) Disrupting or removing the child from the school or childcare facility in which the child is enrolled; or (B) Approaching the child at any location other than a site designated for supervised visitation; (5) Order passport and travel controls, including controls that prohibit the parent, custodian, or any person acting on the behalf of the parent or custodian who presents a risk of international child abduction: (A) From removing the child from this state or the United States; (B) To surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and (C) From applying on behalf of the child for a new or replacement passport or international travel visa; (6) Require the parent or custodian who presents a risk of international child abduction to provide: (A) To the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy: (i) Written notice of the court-ordered passport and travel restrictions for the child; and (ii) A properly authenticated copy of the court order detailing the restrictions and documentation of the parent's or custodian's agreement to the restrictions; and (B) To the court, proof of receipt of the written notice required by subdivision (a)(6)(A)(i) of this section by the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy; (7) Order the parent, custodian, or person acting on behalf of the parent or custodian who presents a risk of international child abduction to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by that person to a foreign country; (8) Authorize the appropriate law enforcement agencies to take measures to prevent the child from becoming a victim of international child abduction; or (9) Include in the court's order provisions that: (A) Identify the United States as the country of habitual residence of the child; (B) Define the basis for the court's exercise of jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.; (C) State the manner in which notice and opportunity to be heard were given to other parties to the matter, including the parent or custodian; (D) State a thorough description of the following: (i) Who has custody of the child; (ii) Who has visitation rights with the child; (iii) Whose visitation rights must be supervised; (iv) The specific requirements of any ordered supervised visitation as applied to each person with visitation rights; and (v) Any other limitations regarding custody or visitation; and (E) State that a party's violation of the order may subject the party to a civil penalty, a criminal penalty under § 5-26-501 et seq., or to both civil and criminal penalties.

(1) Appoint a person as the sole managing custodian of the child other than the parent or custodian who presents a risk of international child abduction;

(2) Change the existing order regarding custody or visitation to avoid the risk of international child abduction;

(3) Order supervised visitation to prevent the child from becoming a victim of international child abduction for any of the following who present a risk of international child abduction under this subchapter: (A) The parent; (B) The custodian; or (C) Any other individual who has been granted visitation rights;

(A) The parent;

(B) The custodian; or

(C) Any other individual who has been granted visitation rights;

(4) Enjoin the parent, custodian, or any person acting on behalf of the parent or custodian who presents a risk of international child abduction from: (A) Disrupting or removing the child from the school or childcare facility in which the child is enrolled; or (B) Approaching the child at any location other than a site designated for supervised visitation;

(A) Disrupting or removing the child from the school or childcare facility in which the child is enrolled; or

(B) Approaching the child at any location other than a site designated for supervised visitation;

(5) Order passport and travel controls, including controls that prohibit the parent, custodian, or any person acting on the behalf of the parent or custodian who presents a risk of international child abduction: (A) From removing the child from this state or the United States; (B) To surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and (C) From applying on behalf of the child for a new or replacement passport or international travel visa;

(A) From removing the child from this state or the United States;

(B) To surrender any passport issued in the child's name, including any passport issued in the name of both the parent and the child; and

(C) From applying on behalf of the child for a new or replacement passport or international travel visa;

(6) Require the parent or custodian who presents a risk of international child abduction to provide: (A) To the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy: (i) Written notice of the court-ordered passport and travel restrictions for the child; and (ii) A properly authenticated copy of the court order detailing the restrictions and documentation of the parent's or custodian's agreement to the restrictions; and (B) To the court, proof of receipt of the written notice required by subdivision (a)(6)(A)(i) of this section by the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy;

(A) To the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy: (i) Written notice of the court-ordered passport and travel restrictions for the child; and (ii) A properly authenticated copy of the court order detailing the restrictions and documentation of the parent's or custodian's agreement to the restrictions; and

(i) Written notice of the court-ordered passport and travel restrictions for the child; and

(ii) A properly authenticated copy of the court order detailing the restrictions and documentation of the parent's or custodian's agreement to the restrictions; and

(B) To the court, proof of receipt of the written notice required by subdivision (a)(6)(A)(i) of this section by the Office of Children's Issues within the United States Department of State and the relevant foreign consulate or embassy;

(7) Order the parent, custodian, or person acting on behalf of the parent or custodian who presents a risk of international child abduction to execute a bond or deposit security in an amount sufficient to offset the cost of recovering the child if the child is abducted by that person to a foreign country;

(8) Authorize the appropriate law enforcement agencies to take measures to prevent the child from becoming a victim of international child abduction; or

(9) Include in the court's order provisions that: (A) Identify the United States as the country of habitual residence of the child; (B) Define the basis for the court's exercise of jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.; (C) State the manner in which notice and opportunity to be heard were given to other parties to the matter, including the parent or custodian; (D) State a thorough description of the following: (i) Who has custody of the child; (ii) Who has visitation rights with the child; (iii) Whose visitation rights must be supervised; (iv) The specific requirements of any ordered supervised visitation as applied to each person with visitation rights; and (v) Any other limitations regarding custody or visitation; and (E) State that a party's violation of the order may subject the party to a civil penalty, a criminal penalty under § 5-26-501 et seq., or to both civil and criminal penalties.

(A) Identify the United States as the country of habitual residence of the child;

(B) Define the basis for the court's exercise of jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act, § 9-19-101 et seq.;

(C) State the manner in which notice and opportunity to be heard were given to other parties to the matter, including the parent or custodian;

(D) State a thorough description of the following: (i) Who has custody of the child; (ii) Who has visitation rights with the child; (iii) Whose visitation rights must be supervised; (iv) The specific requirements of any ordered supervised visitation as applied to each person with visitation rights; and (v) Any other limitations regarding custody or visitation; and

(i) Who has custody of the child;

(ii) Who has visitation rights with the child;

(iii) Whose visitation rights must be supervised;

(iv) The specific requirements of any ordered supervised visitation as applied to each person with visitation rights; and

(v) Any other limitations regarding custody or visitation; and

(E) State that a party's violation of the order may subject the party to a civil penalty, a criminal penalty under § 5-26-501 et seq., or to both civil and criminal penalties.

(b) (1) If a court orders supervised visitation under subdivision (a)(3) of this section, the court shall order the supervised visitation to continue until the court finds that supervised visitation is no longer necessary or until the child reaches eighteen (18) years of age. (2) If the court orders supervised visitation under subdivision (a)(3) of this section, the court's order regarding supervised visitation shall require: (A) That the supervisor be present with the child at all times; (B) That the supervised visitation takes place at all times at a visitation center or other location that is adequate to prevent the child from becoming a victim of international child abduction; and (C) The usage of all necessary security professionals, protocols, procedures, or devices that are: (i) Adequate to prevent the child from becoming a victim of international child abduction; (ii) Available in the geographic area of the supervised visitation location; and (iii) Recognized in the security profession as effective in securing a location and the safety of a person.

(1) If a court orders supervised visitation under subdivision (a)(3) of this section, the court shall order the supervised visitation to continue until the court finds that supervised visitation is no longer necessary or until the child reaches eighteen (18) years of age.

(2) If the court orders supervised visitation under subdivision (a)(3) of this section, the court's order regarding supervised visitation shall require: (A) That the supervisor be present with the child at all times; (B) That the supervised visitation takes place at all times at a visitation center or other location that is adequate to prevent the child from becoming a victim of international child abduction; and (C) The usage of all necessary security professionals, protocols, procedures, or devices that are: (i) Adequate to prevent the child from becoming a victim of international child abduction; (ii) Available in the geographic area of the supervised visitation location; and (iii) Recognized in the security profession as effective in securing a location and the safety of a person.

(A) That the supervisor be present with the child at all times;

(B) That the supervised visitation takes place at all times at a visitation center or other location that is adequate to prevent the child from becoming a victim of international child abduction; and

(C) The usage of all necessary security professionals, protocols, procedures, or devices that are: (i) Adequate to prevent the child from becoming a victim of international child abduction; (ii) Available in the geographic area of the supervised visitation location; and (iii) Recognized in the security profession as effective in securing a location and the safety of a person.

(i) Adequate to prevent the child from becoming a victim of international child abduction;

(ii) Available in the geographic area of the supervised visitation location; and

(iii) Recognized in the security profession as effective in securing a location and the safety of a person.

(c) The court shall consider the requests of the parent or custodian who does not pose a risk of international child abduction when determining the best methods to prevent the international abduction of a child at risk of becoming a victim of international child abduction.

Acts 2005, No. 170, § 1
Ark. Code Ann. § 9-27-320 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-320
Fingerprinting or photographing
Status: in_force

(a) (1) When a juvenile is arrested for any offense that if committed by an adult would constitute a Class Y, Class A, or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency. (2) In the case of an allegation of delinquency, a juvenile shall not be photographed or fingerprinted under this subchapter by any law enforcement agency unless he or she has been taken into custody for the commission of an offense that, if committed by an adult, would constitute a Class Y, Class A, or Class B felony. (b) (1) Copies of a juvenile's fingerprints and photographs shall be made available only to other law enforcement agencies, the Arkansas Crime Information Center, prosecuting attorneys, and the juvenile division of circuit court. (2) Photographs and fingerprints of juveniles adjudicated delinquent for offenses for which they could have been tried as adults shall be made available to prosecuting attorneys and circuit courts for use at sentencing in subsequent adult criminal proceedings against those same individuals. (3) (A) When a juvenile departs without authorization from a youth services center or other facility operated by the Division of Youth Services for the care of delinquent juveniles, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Youth Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Youth Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (B) When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal on the grounds of mental disease or defect for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Aging, Adult, and Behavioral Health Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (C) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director of the juvenile detention facility deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (c) Each law enforcement agency in the state shall keep a separate file of photographs and fingerprints, it being the intention that the photographs and fingerprints of juveniles not be kept in the same file with those of adults. (d) When a juvenile is adjudicated delinquent for an offense for which the juvenile could be charged as an adult: (1) The arresting law enforcement agency shall ensure that the fingerprints and photograph of the juvenile have been properly taken and submitted; and (2) The court shall submit the adjudicated delinquent information to the center. (e) If the juvenile is found not to have committed the alleged delinquent act, the court may order a law enforcement agency to return all pictures and fingerprints to the circuit court and shall order the law enforcement agency that took the juvenile into custody to mark the arrest record with the notation "found not to have committed the alleged offense". (f) The center shall create a form to be used for the reporting and expungement of juvenile information. (g) If the juvenile is arrested for a Class Y, Class A, or Class B felony but not charged, the prosecuting attorney shall submit the information to the center and the arrest shall be removed from the center's records. Amended by Act 2017, No. 913,§ 26, eff. 8/1/2017 Amended by Act 2015, No. 1016,§ 2A, eff. 7/22/2015 Acts 1989, No. 273, § 19; 1993, No. 535, § 4; 1993, No. 551, § 4; 1994 (2nd Ex. Sess.), No. 69, § 3; 1994 (2nd Ex. Sess.), No. 70, § 3; 1997, No. 332, § 1; 2001, No. 177, § 1; 2001, No. 1712, § 1; 2003, No. 1166, § 11

(a) (1) When a juvenile is arrested for any offense that if committed by an adult would constitute a Class Y, Class A, or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency. (2) In the case of an allegation of delinquency, a juvenile shall not be photographed or fingerprinted under this subchapter by any law enforcement agency unless he or she has been taken into custody for the commission of an offense that, if committed by an adult, would constitute a Class Y, Class A, or Class B felony.

(1) When a juvenile is arrested for any offense that if committed by an adult would constitute a Class Y, Class A, or Class B felony, the juvenile shall be photographed and fingerprinted by the law enforcement agency.

(2) In the case of an allegation of delinquency, a juvenile shall not be photographed or fingerprinted under this subchapter by any law enforcement agency unless he or she has been taken into custody for the commission of an offense that, if committed by an adult, would constitute a Class Y, Class A, or Class B felony.

(b) (1) Copies of a juvenile's fingerprints and photographs shall be made available only to other law enforcement agencies, the Arkansas Crime Information Center, prosecuting attorneys, and the juvenile division of circuit court. (2) Photographs and fingerprints of juveniles adjudicated delinquent for offenses for which they could have been tried as adults shall be made available to prosecuting attorneys and circuit courts for use at sentencing in subsequent adult criminal proceedings against those same individuals. (3) (A) When a juvenile departs without authorization from a youth services center or other facility operated by the Division of Youth Services for the care of delinquent juveniles, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Youth Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Youth Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (B) When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal on the grounds of mental disease or defect for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Aging, Adult, and Behavioral Health Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (C) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director of the juvenile detention facility deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.

(1) Copies of a juvenile's fingerprints and photographs shall be made available only to other law enforcement agencies, the Arkansas Crime Information Center, prosecuting attorneys, and the juvenile division of circuit court.

(2) Photographs and fingerprints of juveniles adjudicated delinquent for offenses for which they could have been tried as adults shall be made available to prosecuting attorneys and circuit courts for use at sentencing in subsequent adult criminal proceedings against those same individuals.

(3) (A) When a juvenile departs without authorization from a youth services center or other facility operated by the Division of Youth Services for the care of delinquent juveniles, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Youth Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Youth Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (B) When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal on the grounds of mental disease or defect for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Aging, Adult, and Behavioral Health Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare. (C) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director of the juvenile detention facility deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.

(A) When a juvenile departs without authorization from a youth services center or other facility operated by the Division of Youth Services for the care of delinquent juveniles, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Youth Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Youth Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.

(B) When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal on the grounds of mental disease or defect for an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information the Director of the Division of Aging, Adult, and Behavioral Health Services deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.

(C) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director of the juvenile detention facility deems necessary to aid in the apprehension of the juvenile and to safeguard the public welfare.

(c) Each law enforcement agency in the state shall keep a separate file of photographs and fingerprints, it being the intention that the photographs and fingerprints of juveniles not be kept in the same file with those of adults.

(d) When a juvenile is adjudicated delinquent for an offense for which the juvenile could be charged as an adult: (1) The arresting law enforcement agency shall ensure that the fingerprints and photograph of the juvenile have been properly taken and submitted; and (2) The court shall submit the adjudicated delinquent information to the center.

(1) The arresting law enforcement agency shall ensure that the fingerprints and photograph of the juvenile have been properly taken and submitted; and

(2) The court shall submit the adjudicated delinquent information to the center.

(e) If the juvenile is found not to have committed the alleged delinquent act, the court may order a law enforcement agency to return all pictures and fingerprints to the circuit court and shall order the law enforcement agency that took the juvenile into custody to mark the arrest record with the notation "found not to have committed the alleged offense".

(f) The center shall create a form to be used for the reporting and expungement of juvenile information.

(g) If the juvenile is arrested for a Class Y, Class A, or Class B felony but not charged, the prosecuting attorney shall submit the information to the center and the arrest shall be removed from the center's records.

Amended by Act 2017, No. 913,§ 26, eff. 8/1/2017

Amended by Act 2015, No. 1016,§ 2A, eff. 7/22/2015

Acts 1989, No. 273, § 19; 1993, No. 535, § 4; 1993, No. 551, § 4; 1994 (2nd Ex. Sess.), No. 69, § 3; 1994 (2nd Ex. Sess.), No. 70, § 3; 1997, No. 332, § 1; 2001, No. 177, § 1; 2001, No. 1712, § 1; 2003, No. 1166, § 11
Ark. Code Ann. § 9-20-113 — AR Code / Title 9 / Chapter 20 / Section 9-20-113
Evaluations
Status: in_force

(a) The Department of Human Services may petition the circuit court for an order of temporary custody for the purpose of having an adult evaluated if during the course of an investigation under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., the department determines that: (1) Immediate removal is necessary to protect the adult from imminent danger to his or her health or safety; (2) Available protective services have been offered to alleviate the danger and have been refused; and (3) An adequate assessment of the following cannot be made in the adult's place of residence: (A) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (B) The adult's mental or physical impairment and ability to protect himself or herself from adult maltreatment. (b) Upon good cause being shown, the court may issue an order for temporary custody for the purpose of having the adult evaluated. Acts 2005, No. 1811, § 1; 2007, No. 497, § 2; 2011, No. 793, § 6

(a) The Department of Human Services may petition the circuit court for an order of temporary custody for the purpose of having an adult evaluated if during the course of an investigation under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., the department determines that: (1) Immediate removal is necessary to protect the adult from imminent danger to his or her health or safety; (2) Available protective services have been offered to alleviate the danger and have been refused; and (3) An adequate assessment of the following cannot be made in the adult's place of residence: (A) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (B) The adult's mental or physical impairment and ability to protect himself or herself from adult maltreatment.

(1) Immediate removal is necessary to protect the adult from imminent danger to his or her health or safety;

(2) Available protective services have been offered to alleviate the danger and have been refused; and

(3) An adequate assessment of the following cannot be made in the adult's place of residence: (A) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or (B) The adult's mental or physical impairment and ability to protect himself or herself from adult maltreatment.

(A) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or

(B) The adult's mental or physical impairment and ability to protect himself or herself from adult maltreatment.

(b) Upon good cause being shown, the court may issue an order for temporary custody for the purpose of having the adult evaluated.

Acts 2005, No. 1811, § 1; 2007, No. 497, § 2; 2011, No. 793, § 6
Ark. Code Ann. § 9-26-225 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-225
Severability
Status: in_force

If any provisions of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end provisions of this subchapter are severable. Acts 1985, No. 476, § 25

If any provisions of this subchapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subchapter which can be given effect without the invalid provision or application, and to this end provisions of this subchapter are severable.

Acts 1985, No. 476, § 25
Ark. Code Ann. § 9-28-104 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-104
Best interest of the child
Status: in_force

(a) The General Assembly recognizes that children are defenseless and that there is no greater moral obligation upon the General Assembly than to provide for the protection of our children and that our child welfare system needs to be strengthened by establishing a clear policy of the state that the best interests of the children must be paramount and shall have precedence at every stage of juvenile court proceedings. (b) The best interest of the child shall be the standard for recommendations made by employees of the Department of Human Services as to whether a child should be reunited with his or her family or removed from or remain in a home wherein the child has been abused or neglected. Acts 2011, No. 591, § 1

(a) The General Assembly recognizes that children are defenseless and that there is no greater moral obligation upon the General Assembly than to provide for the protection of our children and that our child welfare system needs to be strengthened by establishing a clear policy of the state that the best interests of the children must be paramount and shall have precedence at every stage of juvenile court proceedings.

(b) The best interest of the child shall be the standard for recommendations made by employees of the Department of Human Services as to whether a child should be reunited with his or her family or removed from or remain in a home wherein the child has been abused or neglected.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-11-705 — AR Code / Title 9 / Chapter 11 / Subchapter 7 / Section 9-11-705
Marriages solemnized by municipal court judges
Status: in_force

All marriages solemnized by municipal court judges prior to July 20, 1987, are declared valid ab initio. Acts 1987, No. 394, § 2

All marriages solemnized by municipal court judges prior to July 20, 1987, are declared valid ab initio.

Acts 1987, No. 394, § 2
Ark. Code Ann. § 9-26-213 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-213
Powers of custodian
Status: in_force

(a) A custodian, acting in a custodial capacity, shall have all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This section does not relieve a custodian from liability for breach of § 9-26-212 . Acts 1985, No. 476, § 13; A.S.A. 1947, § 50-946

(a) A custodian, acting in a custodial capacity, shall have all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.

(b) This section does not relieve a custodian from liability for breach of § 9-26-212 .

Acts 1985, No. 476, § 13; A.S.A. 1947, § 50-946
Ark. Code Ann. § 9-6-103 — AR Code / Title 9 / Chapter 6 / Section 9-6-103
Establishment - Purpose and criteria
Status: in_force

(a) The Department of Finance and Administration shall establish the Arkansas Domestic Violence Shelter Grant Program to assist in the funding of domestic violence shelters in Arkansas. (b) The purpose and criteria of the program is to: (1) Annually evaluate each shelter receiving funds under this chapter for compliance with the program, fiscal, and training requirements under this chapter; (2) Promulgate rules for the evaluation of each shelter receiving funds under this chapter; (3) Adopt a uniform system of recordkeeping to ensure the proper handling of funds by a shelter receiving funds under this chapter; (4) Provide training and technical assistance to shelters receiving funds under this chapter 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. (c) The department shall establish rules to implement this chapter. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

(a) The Department of Finance and Administration shall establish the Arkansas Domestic Violence Shelter Grant Program to assist in the funding of domestic violence shelters in Arkansas.

(b) The purpose and criteria of the program is to: (1) Annually evaluate each shelter receiving funds under this chapter for compliance with the program, fiscal, and training requirements under this chapter; (2) Promulgate rules for the evaluation of each shelter receiving funds under this chapter; (3) Adopt a uniform system of recordkeeping to ensure the proper handling of funds by a shelter receiving funds under this chapter; (4) Provide training and technical assistance to shelters receiving funds under this chapter 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 receiving funds under this chapter for compliance with the program, fiscal, and training requirements under this chapter;

(2) Promulgate rules for the evaluation of each shelter receiving funds under this chapter;

(3) Adopt a uniform system of recordkeeping to ensure the proper handling of funds by a shelter receiving funds under this chapter;

(4) Provide training and technical assistance to shelters receiving funds under this chapter 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.

(c) The department shall establish rules to implement this chapter.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-9-209 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-209
Withdrawal of consent
Status: in_force

(a) A consent to adoption cannot be withdrawn after the entry of a decree of adoption. (b) (1) (A) A natural person may withdraw his or her consent to adopt within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after the consent to adopt is signed or the child is born, whichever is later, by filing an affidavit with the probate division clerk of the circuit court in the county designated by the consent as the county in which the guardianship petition will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. (B) (i) If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or a legal holiday, the natural person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit. (2) If a natural person is consenting to the adoption, the consent shall state that the person has the right of withdrawal of consent and shall provide the address of the probate division clerk of the circuit court of the county in which the guardianship will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. (3) If a natural person is consenting to the adoption, the consent shall state that the person may waive the ten-day period for the withdrawal of consent for an adoption and elect to limit the maximum time for the withdrawal of consent for an adoption to five (5) days. (c) (1) The court may excuse the period for filing a withdrawal of consent under subsection (b) of this section for a biological parent if a stepparent is adopting. (2) The period for filing a withdrawal of consent under subsection (b) of this section does not apply to: (A) An agency as defined in § 9-9-202 ; (B) A minor: (i) Who is over twelve (12) years of age; and (ii) Whose consent to adoption is required; (C) An adult to be adopted; or (D) The spouse of an adult to be adopted. Amended by Act 2023, No. 639,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 993,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 506,§ 1, eff. 7/28/2021. Acts 1977, No. 735, § 9; A.S.A. 1947, § 56-209; Acts 1991, No. 774, § 2; 1995, No. 1284, § 1; 2003, No. 1185, § 7; 2005, No. 437, § 3; 2009, No. 230, § 1

(a) A consent to adoption cannot be withdrawn after the entry of a decree of adoption.

(b) (1) (A) A natural person may withdraw his or her consent to adopt within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after the consent to adopt is signed or the child is born, whichever is later, by filing an affidavit with the probate division clerk of the circuit court in the county designated by the consent as the county in which the guardianship petition will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. (B) (i) If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or a legal holiday, the natural person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit. (2) If a natural person is consenting to the adoption, the consent shall state that the person has the right of withdrawal of consent and shall provide the address of the probate division clerk of the circuit court of the county in which the guardianship will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. (3) If a natural person is consenting to the adoption, the consent shall state that the person may waive the ten-day period for the withdrawal of consent for an adoption and elect to limit the maximum time for the withdrawal of consent for an adoption to five (5) days.

(1) (A) A natural person may withdraw his or her consent to adopt within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after the consent to adopt is signed or the child is born, whichever is later, by filing an affidavit with the probate division clerk of the circuit court in the county designated by the consent as the county in which the guardianship petition will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship. (B) (i) If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or a legal holiday, the natural person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit.

(A) A natural person may withdraw his or her consent to adopt within ten (10) calendar days, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, five (5) calendar days after the consent to adopt is signed or the child is born, whichever is later, by filing an affidavit with the probate division clerk of the circuit court in the county designated by the consent as the county in which the guardianship petition will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship.

(B) (i) If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or a legal holiday, the natural person may file the affidavit the next working day. (ii) No fee shall be charged for the filing of the affidavit.

(i) If the ten-day period, or, if a waiver of the ten-day period is elected under subdivision (b)(3) of this section, the five-day period ends on a weekend or a legal holiday, the natural person may file the affidavit the next working day.

(ii) No fee shall be charged for the filing of the affidavit.

(2) If a natural person is consenting to the adoption, the consent shall state that the person has the right of withdrawal of consent and shall provide the address of the probate division clerk of the circuit court of the county in which the guardianship will be filed, if there is a guardianship, or where the petition for adoption will be filed, if there is no guardianship.

(3) If a natural person is consenting to the adoption, the consent shall state that the person may waive the ten-day period for the withdrawal of consent for an adoption and elect to limit the maximum time for the withdrawal of consent for an adoption to five (5) days.

(c) (1) The court may excuse the period for filing a withdrawal of consent under subsection (b) of this section for a biological parent if a stepparent is adopting. (2) The period for filing a withdrawal of consent under subsection (b) of this section does not apply to: (A) An agency as defined in § 9-9-202 ; (B) A minor: (i) Who is over twelve (12) years of age; and (ii) Whose consent to adoption is required; (C) An adult to be adopted; or (D) The spouse of an adult to be adopted.

(1) The court may excuse the period for filing a withdrawal of consent under subsection (b) of this section for a biological parent if a stepparent is adopting.

(2) The period for filing a withdrawal of consent under subsection (b) of this section does not apply to: (A) An agency as defined in § 9-9-202 ; (B) A minor: (i) Who is over twelve (12) years of age; and (ii) Whose consent to adoption is required; (C) An adult to be adopted; or (D) The spouse of an adult to be adopted.

(A) An agency as defined in § 9-9-202 ;

(B) A minor: (i) Who is over twelve (12) years of age; and (ii) Whose consent to adoption is required;

(i) Who is over twelve (12) years of age; and

(ii) Whose consent to adoption is required;

(C) An adult to be adopted; or

(D) The spouse of an adult to be adopted.

Amended by Act 2023, No. 639,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 993,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 506,§ 1, eff. 7/28/2021.

Acts 1977, No. 735, § 9; A.S.A. 1947, § 56-209; Acts 1991, No. 774, § 2; 1995, No. 1284, § 1; 2003, No. 1185, § 7; 2005, No. 437, § 3; 2009, No. 230, § 1
Ark. Code Ann. § 9-5-102 — AR Code / Title 9 / Chapter 5 / Section 9-5-102
Statewide purpose
Status: in_force

The statewide purpose of this chapter is to establish a program that provides a comprehensive, multidisciplinary, nonprofit, and coordinated response to the investigation of sexual abuse of children and serious physical abuse of children in a child-focused and child-friendly facility known as a "child safety center". Acts 2007, No. 703, § 5

The statewide purpose of this chapter is to establish a program that provides a comprehensive, multidisciplinary, nonprofit, and coordinated response to the investigation of sexual abuse of children and serious physical abuse of children in a child-focused and child-friendly facility known as a "child safety center".

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-27-362 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-362
Emancipation of juveniles
Status: in_force

(a) A petition for emancipation may be filed in a circuit court by any party to a dependency-neglect, dependency, family in need of services, or delinquency case. (b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian. (c) The circuit court may emancipate a juvenile in a dependency-neglect, dependency, family in need of services, or delinquency case. (d) (1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that: (A) The juvenile is at least seventeen (17) years of age; (B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian; (C) The juvenile has an appropriate place to live; (D) The juvenile has been managing or has the ability to manage his or her own financial affairs; (E) The juvenile has a legal source of income, such as employment or a trust fund; (F) The juvenile has healthcare coverage or a realistic plan on how to meet his or her health needs; (G) The juvenile agrees to comply with the compulsory school attendance laws; and (H) Emancipation is in the best interest of the juvenile. (2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision. (3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem. (e) An order of emancipation has the following effects: (1) The juvenile has the right to obtain and consent to all medical care, including counseling; (2) The juvenile has the right to enter into contracts; (3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs; (4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law; (5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile; (6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court; (7) The juvenile may not marry without parental permission pursuant to § 9-11-102 ; (8) The juvenile is not relieved from compulsory school attendance; (9) The Department of Human Services is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile; (10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support; (11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile; (12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol; (13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and (14) No statute of limitations is affected. Acts 2005, No. 1990, § 19; 2009, No. 956, § 24

(a) A petition for emancipation may be filed in a circuit court by any party to a dependency-neglect, dependency, family in need of services, or delinquency case.

(b) The petition shall be served along with a notice of hearing to the juvenile's parent, legal guardian, or legal custodian.

(c) The circuit court may emancipate a juvenile in a dependency-neglect, dependency, family in need of services, or delinquency case.

(d) (1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that: (A) The juvenile is at least seventeen (17) years of age; (B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian; (C) The juvenile has an appropriate place to live; (D) The juvenile has been managing or has the ability to manage his or her own financial affairs; (E) The juvenile has a legal source of income, such as employment or a trust fund; (F) The juvenile has healthcare coverage or a realistic plan on how to meet his or her health needs; (G) The juvenile agrees to comply with the compulsory school attendance laws; and (H) Emancipation is in the best interest of the juvenile. (2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision. (3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.

(1) The court may emancipate the juvenile after a hearing on the petition if the petitioner shows by a preponderance of the evidence that: (A) The juvenile is at least seventeen (17) years of age; (B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian; (C) The juvenile has an appropriate place to live; (D) The juvenile has been managing or has the ability to manage his or her own financial affairs; (E) The juvenile has a legal source of income, such as employment or a trust fund; (F) The juvenile has healthcare coverage or a realistic plan on how to meet his or her health needs; (G) The juvenile agrees to comply with the compulsory school attendance laws; and (H) Emancipation is in the best interest of the juvenile.

(A) The juvenile is at least seventeen (17) years of age;

(B) The juvenile is willing to live separate and apart from his or her parent, legal guardian, or legal custodian;

(C) The juvenile has an appropriate place to live;

(D) The juvenile has been managing or has the ability to manage his or her own financial affairs;

(E) The juvenile has a legal source of income, such as employment or a trust fund;

(F) The juvenile has healthcare coverage or a realistic plan on how to meet his or her health needs;

(G) The juvenile agrees to comply with the compulsory school attendance laws; and

(H) Emancipation is in the best interest of the juvenile.

(2) The court shall consider the wishes of the parent, legal guardian, or legal custodian in making its decision.

(3) If the juvenile has an attorney ad litem, the court shall consider the recommendation of the attorney ad litem.

(e) An order of emancipation has the following effects: (1) The juvenile has the right to obtain and consent to all medical care, including counseling; (2) The juvenile has the right to enter into contracts; (3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs; (4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law; (5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile; (6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court; (7) The juvenile may not marry without parental permission pursuant to § 9-11-102 ; (8) The juvenile is not relieved from compulsory school attendance; (9) The Department of Human Services is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile; (10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support; (11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile; (12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol; (13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and (14) No statute of limitations is affected.

(1) The juvenile has the right to obtain and consent to all medical care, including counseling;

(2) The juvenile has the right to enter into contracts;

(3) The juvenile has the right to enroll himself or herself in school, college, or other educational programs;

(4) The juvenile has the right to obtain a driver's license without consent of a parent or other adult so long as the juvenile complies with the remaining requirements of the driver's license law;

(5) The juvenile's parent, legal guardian, or legal custodian is no longer legally responsible for the juvenile;

(6) The juvenile may still be charged with a delinquency and prosecuted in juvenile court;

(7) The juvenile may not marry without parental permission pursuant to § 9-11-102 ;

(8) The juvenile is not relieved from compulsory school attendance;

(9) The Department of Human Services is not relieved from the responsibility of providing independent living services and funding for which the juvenile is eligible upon request by the juvenile;

(10) Child support orders are not terminated but may cease upon entry of an order from the court that issued the order of child support;

(11) Until the juvenile reaches the age of majority, the juvenile remains eligible for federal programs and services as a juvenile;

(12) The juvenile is not permitted to obtain items prohibited for sale to or possession by a minor, such as tobacco or alcohol;

(13) The juvenile remains subject to state and federal laws enacted for the protection of persons under eighteen (18) years of age such as the prohibition against a juvenile's obtaining a tattoo; and

(14) No statute of limitations is affected.

Acts 2005, No. 1990, § 19; 2009, No. 956, § 24
Ark. Code Ann. § 9-27-341 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-341
Termination of parental rights - Definition
Status: in_force

(a) (1) (A) This section shall be a remedy available only to the Department of Human Services or a court-appointed attorney ad litem. (B) This section shall not be available for private litigants or other agencies. (2) (A) This section shall be used only in cases in which the department is attempting to clear a juvenile for permanent placement by terminating the parental rights of a parent and putative parent based on the definition of "parent" and "putative father" under § 9-27-303 . (B) This section shall not be used to terminate the rights of a putative parent if a court of competent jurisdiction has previously determined under § 9-27-325 that the rights of the putative parent have not attached. (3) The intent of this section is to provide permanency in a juvenile's life in all instances in which the return of a juvenile to the family home is contrary to the juvenile's health, safety, or welfare and it appears from the evidence that a return to the family home cannot be accomplished in a reasonable period of time as viewed from the juvenile's perspective. (4) The court shall rely upon the record of the parent's compliance in the entire dependency-neglect case and evidence presented at the termination hearing in making its decision on whether it is in the best interest of the juvenile to terminate parental rights. (b) (1) (A) The circuit court may consider a petition to terminate parental rights if the court finds that there is an appropriate permanency placement plan for the juvenile. (B) This section does not require that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights or as a prerequisite to the court's considering a petition to terminate parental rights. (2) (A) The petitioner shall serve the petition to terminate parental rights as required under Rule 5 of the Arkansas Rules of Civil Procedure, except: (i) Service shall be made as required under Rule 4 of the Arkansas Rules of Civil Procedure if the: (a) Parent was not served under Rule 4 of the Arkansas Rules of Civil Procedure at the initiation of the proceeding; (b) Parent is not represented by an attorney; or (c) Initiation of the proceeding was more than two (2) years ago; or (ii) When the court orders service of the petition to terminate parental rights as required under Rule 4 of the Arkansas Rules of Civil Procedure. (B) The petitioner shall check with the Putative Father Registry if the name or whereabouts of the putative father is unknown. (3) An order forever terminating parental rights shall be based upon a finding by clear and convincing evidence: (A) That it is in the best interest of the juvenile, including consideration of the following factors: (i) The likelihood that the juvenile will be adopted if the termination petition is granted; and (ii) The potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent, parents, or putative parent or parents; and (B) Of one (1) or more of the following grounds: (i) (a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent. (b) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued out of the home of the noncustodial parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that prevented the child from safely being placed in the parent's home, the conditions have not been remedied by the parent. (c) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(i) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (ii) (a) The juvenile has lived outside the home of the parent for a period of twelve (12) months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the juvenile. (b) To find willful failure to maintain meaningful contact, it must be shown that the parent was not prevented from visiting or having contact with the juvenile by the juvenile's custodian or any other person, taking into consideration the distance of the juvenile's placement from the parent's home. (c) Material support consists of either financial contributions or food, shelter, clothing, or other necessities when the contribution has been requested by the juvenile's custodian or ordered by a court of competent jurisdiction. (d) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(ii) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (iii) (a) The parent is not the biological parent of the juvenile and the welfare of the juvenile can best be served by terminating the parental rights of the parent. (b) A termination of parental rights under subdivision (b)(3)(B)(iii) (a) of this section shall not be considered an involuntary termination; (iv) A parent has abandoned the juvenile; (v) (a) A parent has executed consent to termination of parental rights or adoption of the juvenile, subject to the court's approval. (b) If the consent is executed under oath by a person authorized to administer the oath, the parent is not required to execute the consent in the presence of the court unless required by federal law or federal regulations; (vi) (a) The court has found the juvenile or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the juvenile's parent or parents or stepparent or stepparents. (b) Such findings by the juvenile division of circuit court shall constitute grounds for immediate termination of the parental rights of one (1) or both of the parents; (vii) (a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile's health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent's circumstances that prevent the placement of the juvenile in the custody of the parent. (b) The department shall make reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services. (c) For purposes of this subdivision (b)(3)(B)(vii), the inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies. (d) Subdivision (b)(3)(B)(vii) (a) of this section does not apply if the factors or issues have not been adjudicated by the court or the parent is not provided with proper notice of the factors or issues; (viii) The parent is sentenced in a criminal proceeding for a period of time that would constitute a substantial period of the juvenile's life; (ix) (a) The parent is found by a court of competent jurisdiction, including the juvenile division of the circuit court, to: (1) Have committed murder or manslaughter of any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter; (2) Have committed a felony battery that results in serious bodily injury to any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any juvenile; (3) (A) Have subjected any juvenile to aggravated circumstances. (B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child; (4) (A) Have had his or her parental rights involuntarily terminated as to a child. (B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or (5) Have abandoned an infant, as defined in § 9-27-303 . (b) This subchapter does not require reunification of a surviving child with a parent who has been found guilty of any of the offenses listed in subdivision (b)(3)(B)(ix) (a) of this section; or (x) (a) A putative parent who fails to establish or maintain meaningful contacts with his or her juvenile after: (1) Being named and served as a party in a dependency-neglect proceeding; (2) Receiving notice of a dependency-neglect proceeding under § 9-27-311 or § 9-27-325 ; and (3) The court finds that the rights of the putative parent with regard to the juvenile have attached. (b) To find willful failure to maintain meaningful contact, it shall be shown that the putative parent was not prevented from visiting or having contact with the juvenile by the custodian of the juvenile or any other person, taking into consideration the distance of the juvenile's placement from the putative parent's home. (c) A termination of parental rights under subdivision (b)(3)(B)(x) (a) of this section shall not be considered an involuntary termination. (d) (1) Subdivision (b)(3)(B)(x) (a) of this section does not apply to a putative parent whose rights have not attached to a juvenile. (2) If a court finds that the rights of the putative parent have not attached to the juvenile, the court shall dismiss the putative parent from the petition to terminate parental rights and enter an order finding that no further notice is due to the putative parent. (c) (1) An order terminating the relationship between parent and juvenile: (A) Divests the parent and the juvenile of all legal rights, powers, and obligations with respect to each other, including the right to withhold consent to adoption, except the right of the juvenile to inherit from the parent, that is terminated only by a final order of adoption; and (B) (i) Divests a putative parent and the juvenile of all rights, powers, and obligations with respect to the putative parent and the juvenile if the rights of the putative parent have attached under § 9-27-325(n) before or during the termination proceeding. (ii) The divesting of all the rights, powers, and obligations of the putative parent and the juvenile shall be based on the same authority, requirements, limitations, and other provisions that apply to the termination of the rights of a parent, including without limitation the provision requiring the dismissal of a putative parent as a party to a case without further notice to the putative parent. (2) (A) Termination of the relationship between a juvenile and one parent shall not affect the relationship between the juvenile and the other parent if those rights are legally established. (B) A court may terminate the rights of one parent and not the other parent if the court finds that it is in the best interest of the child. (3) An order terminating parental rights under this section: (A) May authorize the department to consent to adoption of the juvenile; and (B) Dismisses the parent or putative parent subject to the termination of parental rights as a party to the case without further notice to the parent or putative parent required. (d) (1) The court shall conduct and complete a termination of parental rights hearing within ninety (90) days from the date the petition for termination of parental rights is filed unless continued for good cause as articulated in the written order of the court. (2) (A) The court may continue a termination of parental rights hearing for up to one hundred eighty (180) days from the date the petition for termination of parental rights is filed in extraordinary circumstances. (B) As used in this subdivision (d)(2), "extraordinary circumstances" includes without limitation the following circumstances: (i) The Supreme Court orders the suspension of in-person court proceedings; and (ii) One (1) of the following has occurred: (a) The President of the United States has declared a national emergency; or (b) The Governor has declared a state of emergency or a statewide public health emergency. (e) A written order shall be filed by the court or by a party or party's counsel as designated by the court within thirty (30) days of the date of the termination hearing or before the next hearing, whichever is sooner. (f) After the termination of parental rights hearing, the court shall review the case at least every six (6) months, and a permanency planning hearing shall be held each year following the initial permanency hearing until permanency is achieved for that juvenile. (g) (1) (A) A parent may withdraw consent to termination of parental rights within ten (10) calendar days after it was signed by filing an affidavit with the circuit clerk in the county designated by the consent as the county in which the termination of parental rights will be filed. (B) If the ten-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. (C) No fee shall be charged for the filing of the affidavit. (2) The consent to terminate parental rights shall state that the person has the right of withdrawal of consent and shall provide the address of the circuit clerk of the county in which the termination of parental rights will be filed. (h) Upon the entry of an order terminating parental rights the: (1) Department is relieved of all responsibility for providing reunification services to the parent whose parental rights are terminated; (2) Appointed parent counsel is relieved of his or her representation of the parent whose parental rights are terminated except as provided under Rules 6-9 and 6-10 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas; (3) Appointed parent counsel shall be reappointed to represent a parent who successfully appeals the termination of his or her parental rights if the parent is indigent; and (4) Parent whose parental rights are terminated or a putative parent who after receiving notice is determined by a court to not have rights attached to the juvenile is not entitled to: (A) Notice of any court proceeding concerning the juvenile, including a petition for adoption concerning the juvenile; and (B) An opportunity to be heard in any court proceeding concerning the juvenile. Amended by Act 2021, No. 813,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 813,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 813,§ 5, eff. 7/28/2021. Amended by Act 2020F, No. 144,§ 41, eff. 4/20/2020. Amended by Act 2019, No. 985,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 985,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 541,§ 8, eff. 7/24/2019. Amended by Act 2019, No. 541,§ 7, eff. 7/24/2019. Amended by Act 2019, No. 541,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 541,§ 5, eff. 7/24/2019. Amended by Act 2017, No. 1111,§ 4, eff. 8/1/2017 Amended by Act 2017, No. 1111,§ 3, eff. 8/1/2017 Amended by Act 2017, No. 995,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 1024,§ 6, eff. 7/22/2015 Amended by Act 2015, No. 1024,§ 5, eff. 7/22/2015 Amended by Act 2015, No. 1022,§ 4, eff. 7/22/2015 Amended by Act 2013, No. 1055,§ 20, eff. 8/16/2013 Amended by Act 2013, No. 1055,§ 11, eff. 8/16/2013 Acts 1989, No. 273, § 40; 1991, No. 557, § 1; 1995, No. 811, § 1; 1995, No. 909, § 1; 1995, No. 1335, § 7; 1995, No. 1337, § 10; 1997, No. 1227, § 13; 1999, No. 401, § 14; 1999, No. 1306, § 1; 2001, No. 1503, § 14; 2003, No. 1166, § 19; 2003, No. 1319, §§ 23, 24; 2005, No. 1990, § 18; 2007, No. 587, §§ 21-23; 2009, No. 956, §§ 20, 21; 2011, No. 792, § 10; 2011, No. 1175, § 9 See Act 2020F, No. 144, § 42.

(a) (1) (A) This section shall be a remedy available only to the Department of Human Services or a court-appointed attorney ad litem. (B) This section shall not be available for private litigants or other agencies. (2) (A) This section shall be used only in cases in which the department is attempting to clear a juvenile for permanent placement by terminating the parental rights of a parent and putative parent based on the definition of "parent" and "putative father" under § 9-27-303 . (B) This section shall not be used to terminate the rights of a putative parent if a court of competent jurisdiction has previously determined under § 9-27-325 that the rights of the putative parent have not attached. (3) The intent of this section is to provide permanency in a juvenile's life in all instances in which the return of a juvenile to the family home is contrary to the juvenile's health, safety, or welfare and it appears from the evidence that a return to the family home cannot be accomplished in a reasonable period of time as viewed from the juvenile's perspective. (4) The court shall rely upon the record of the parent's compliance in the entire dependency-neglect case and evidence presented at the termination hearing in making its decision on whether it is in the best interest of the juvenile to terminate parental rights.

(1) (A) This section shall be a remedy available only to the Department of Human Services or a court-appointed attorney ad litem. (B) This section shall not be available for private litigants or other agencies.

(A) This section shall be a remedy available only to the Department of Human Services or a court-appointed attorney ad litem.

(B) This section shall not be available for private litigants or other agencies.

(2) (A) This section shall be used only in cases in which the department is attempting to clear a juvenile for permanent placement by terminating the parental rights of a parent and putative parent based on the definition of "parent" and "putative father" under § 9-27-303 . (B) This section shall not be used to terminate the rights of a putative parent if a court of competent jurisdiction has previously determined under § 9-27-325 that the rights of the putative parent have not attached.

(A) This section shall be used only in cases in which the department is attempting to clear a juvenile for permanent placement by terminating the parental rights of a parent and putative parent based on the definition of "parent" and "putative father" under § 9-27-303 .

(B) This section shall not be used to terminate the rights of a putative parent if a court of competent jurisdiction has previously determined under § 9-27-325 that the rights of the putative parent have not attached.

(3) The intent of this section is to provide permanency in a juvenile's life in all instances in which the return of a juvenile to the family home is contrary to the juvenile's health, safety, or welfare and it appears from the evidence that a return to the family home cannot be accomplished in a reasonable period of time as viewed from the juvenile's perspective.

(4) The court shall rely upon the record of the parent's compliance in the entire dependency-neglect case and evidence presented at the termination hearing in making its decision on whether it is in the best interest of the juvenile to terminate parental rights.

(b) (1) (A) The circuit court may consider a petition to terminate parental rights if the court finds that there is an appropriate permanency placement plan for the juvenile. (B) This section does not require that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights or as a prerequisite to the court's considering a petition to terminate parental rights. (2) (A) The petitioner shall serve the petition to terminate parental rights as required under Rule 5 of the Arkansas Rules of Civil Procedure, except: (i) Service shall be made as required under Rule 4 of the Arkansas Rules of Civil Procedure if the: (a) Parent was not served under Rule 4 of the Arkansas Rules of Civil Procedure at the initiation of the proceeding; (b) Parent is not represented by an attorney; or (c) Initiation of the proceeding was more than two (2) years ago; or (ii) When the court orders service of the petition to terminate parental rights as required under Rule 4 of the Arkansas Rules of Civil Procedure. (B) The petitioner shall check with the Putative Father Registry if the name or whereabouts of the putative father is unknown. (3) An order forever terminating parental rights shall be based upon a finding by clear and convincing evidence: (A) That it is in the best interest of the juvenile, including consideration of the following factors: (i) The likelihood that the juvenile will be adopted if the termination petition is granted; and (ii) The potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent, parents, or putative parent or parents; and (B) Of one (1) or more of the following grounds: (i) (a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent. (b) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued out of the home of the noncustodial parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that prevented the child from safely being placed in the parent's home, the conditions have not been remedied by the parent. (c) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(i) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (ii) (a) The juvenile has lived outside the home of the parent for a period of twelve (12) months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the juvenile. (b) To find willful failure to maintain meaningful contact, it must be shown that the parent was not prevented from visiting or having contact with the juvenile by the juvenile's custodian or any other person, taking into consideration the distance of the juvenile's placement from the parent's home. (c) Material support consists of either financial contributions or food, shelter, clothing, or other necessities when the contribution has been requested by the juvenile's custodian or ordered by a court of competent jurisdiction. (d) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(ii) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (iii) (a) The parent is not the biological parent of the juvenile and the welfare of the juvenile can best be served by terminating the parental rights of the parent. (b) A termination of parental rights under subdivision (b)(3)(B)(iii) (a) of this section shall not be considered an involuntary termination; (iv) A parent has abandoned the juvenile; (v) (a) A parent has executed consent to termination of parental rights or adoption of the juvenile, subject to the court's approval. (b) If the consent is executed under oath by a person authorized to administer the oath, the parent is not required to execute the consent in the presence of the court unless required by federal law or federal regulations; (vi) (a) The court has found the juvenile or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the juvenile's parent or parents or stepparent or stepparents. (b) Such findings by the juvenile division of circuit court shall constitute grounds for immediate termination of the parental rights of one (1) or both of the parents; (vii) (a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile's health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent's circumstances that prevent the placement of the juvenile in the custody of the parent. (b) The department shall make reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services. (c) For purposes of this subdivision (b)(3)(B)(vii), the inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies. (d) Subdivision (b)(3)(B)(vii) (a) of this section does not apply if the factors or issues have not been adjudicated by the court or the parent is not provided with proper notice of the factors or issues; (viii) The parent is sentenced in a criminal proceeding for a period of time that would constitute a substantial period of the juvenile's life; (ix) (a) The parent is found by a court of competent jurisdiction, including the juvenile division of the circuit court, to: (1) Have committed murder or manslaughter of any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter; (2) Have committed a felony battery that results in serious bodily injury to any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any juvenile; (3) (A) Have subjected any juvenile to aggravated circumstances. (B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child; (4) (A) Have had his or her parental rights involuntarily terminated as to a child. (B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or (5) Have abandoned an infant, as defined in § 9-27-303 . (b) This subchapter does not require reunification of a surviving child with a parent who has been found guilty of any of the offenses listed in subdivision (b)(3)(B)(ix) (a) of this section; or (x) (a) A putative parent who fails to establish or maintain meaningful contacts with his or her juvenile after: (1) Being named and served as a party in a dependency-neglect proceeding; (2) Receiving notice of a dependency-neglect proceeding under § 9-27-311 or § 9-27-325 ; and (3) The court finds that the rights of the putative parent with regard to the juvenile have attached. (b) To find willful failure to maintain meaningful contact, it shall be shown that the putative parent was not prevented from visiting or having contact with the juvenile by the custodian of the juvenile or any other person, taking into consideration the distance of the juvenile's placement from the putative parent's home. (c) A termination of parental rights under subdivision (b)(3)(B)(x) (a) of this section shall not be considered an involuntary termination. (d) (1) Subdivision (b)(3)(B)(x) (a) of this section does not apply to a putative parent whose rights have not attached to a juvenile. (2) If a court finds that the rights of the putative parent have not attached to the juvenile, the court shall dismiss the putative parent from the petition to terminate parental rights and enter an order finding that no further notice is due to the putative parent.

(1) (A) The circuit court may consider a petition to terminate parental rights if the court finds that there is an appropriate permanency placement plan for the juvenile. (B) This section does not require that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights or as a prerequisite to the court's considering a petition to terminate parental rights.

(A) The circuit court may consider a petition to terminate parental rights if the court finds that there is an appropriate permanency placement plan for the juvenile.

(B) This section does not require that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights or as a prerequisite to the court's considering a petition to terminate parental rights.

(2) (A) The petitioner shall serve the petition to terminate parental rights as required under Rule 5 of the Arkansas Rules of Civil Procedure, except: (i) Service shall be made as required under Rule 4 of the Arkansas Rules of Civil Procedure if the: (a) Parent was not served under Rule 4 of the Arkansas Rules of Civil Procedure at the initiation of the proceeding; (b) Parent is not represented by an attorney; or (c) Initiation of the proceeding was more than two (2) years ago; or (ii) When the court orders service of the petition to terminate parental rights as required under Rule 4 of the Arkansas Rules of Civil Procedure. (B) The petitioner shall check with the Putative Father Registry if the name or whereabouts of the putative father is unknown.

(A) The petitioner shall serve the petition to terminate parental rights as required under Rule 5 of the Arkansas Rules of Civil Procedure, except: (i) Service shall be made as required under Rule 4 of the Arkansas Rules of Civil Procedure if the: (a) Parent was not served under Rule 4 of the Arkansas Rules of Civil Procedure at the initiation of the proceeding; (b) Parent is not represented by an attorney; or (c) Initiation of the proceeding was more than two (2) years ago; or (ii) When the court orders service of the petition to terminate parental rights as required under Rule 4 of the Arkansas Rules of Civil Procedure.

(i) Service shall be made as required under Rule 4 of the Arkansas Rules of Civil Procedure if the: (a) Parent was not served under Rule 4 of the Arkansas Rules of Civil Procedure at the initiation of the proceeding; (b) Parent is not represented by an attorney; or (c) Initiation of the proceeding was more than two (2) years ago; or

(a) Parent was not served under Rule 4 of the Arkansas Rules of Civil Procedure at the initiation of the proceeding;

(b) Parent is not represented by an attorney; or

(c) Initiation of the proceeding was more than two (2) years ago; or

(ii) When the court orders service of the petition to terminate parental rights as required under Rule 4 of the Arkansas Rules of Civil Procedure.

(B) The petitioner shall check with the Putative Father Registry if the name or whereabouts of the putative father is unknown.

(3) An order forever terminating parental rights shall be based upon a finding by clear and convincing evidence: (A) That it is in the best interest of the juvenile, including consideration of the following factors: (i) The likelihood that the juvenile will be adopted if the termination petition is granted; and (ii) The potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent, parents, or putative parent or parents; and (B) Of one (1) or more of the following grounds: (i) (a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent. (b) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued out of the home of the noncustodial parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that prevented the child from safely being placed in the parent's home, the conditions have not been remedied by the parent. (c) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(i) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (ii) (a) The juvenile has lived outside the home of the parent for a period of twelve (12) months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the juvenile. (b) To find willful failure to maintain meaningful contact, it must be shown that the parent was not prevented from visiting or having contact with the juvenile by the juvenile's custodian or any other person, taking into consideration the distance of the juvenile's placement from the parent's home. (c) Material support consists of either financial contributions or food, shelter, clothing, or other necessities when the contribution has been requested by the juvenile's custodian or ordered by a court of competent jurisdiction. (d) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(ii) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (iii) (a) The parent is not the biological parent of the juvenile and the welfare of the juvenile can best be served by terminating the parental rights of the parent. (b) A termination of parental rights under subdivision (b)(3)(B)(iii) (a) of this section shall not be considered an involuntary termination; (iv) A parent has abandoned the juvenile; (v) (a) A parent has executed consent to termination of parental rights or adoption of the juvenile, subject to the court's approval. (b) If the consent is executed under oath by a person authorized to administer the oath, the parent is not required to execute the consent in the presence of the court unless required by federal law or federal regulations; (vi) (a) The court has found the juvenile or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the juvenile's parent or parents or stepparent or stepparents. (b) Such findings by the juvenile division of circuit court shall constitute grounds for immediate termination of the parental rights of one (1) or both of the parents; (vii) (a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile's health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent's circumstances that prevent the placement of the juvenile in the custody of the parent. (b) The department shall make reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services. (c) For purposes of this subdivision (b)(3)(B)(vii), the inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies. (d) Subdivision (b)(3)(B)(vii) (a) of this section does not apply if the factors or issues have not been adjudicated by the court or the parent is not provided with proper notice of the factors or issues; (viii) The parent is sentenced in a criminal proceeding for a period of time that would constitute a substantial period of the juvenile's life; (ix) (a) The parent is found by a court of competent jurisdiction, including the juvenile division of the circuit court, to: (1) Have committed murder or manslaughter of any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter; (2) Have committed a felony battery that results in serious bodily injury to any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any juvenile; (3) (A) Have subjected any juvenile to aggravated circumstances. (B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child; (4) (A) Have had his or her parental rights involuntarily terminated as to a child. (B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or (5) Have abandoned an infant, as defined in § 9-27-303 . (b) This subchapter does not require reunification of a surviving child with a parent who has been found guilty of any of the offenses listed in subdivision (b)(3)(B)(ix) (a) of this section; or (x) (a) A putative parent who fails to establish or maintain meaningful contacts with his or her juvenile after: (1) Being named and served as a party in a dependency-neglect proceeding; (2) Receiving notice of a dependency-neglect proceeding under § 9-27-311 or § 9-27-325 ; and (3) The court finds that the rights of the putative parent with regard to the juvenile have attached. (b) To find willful failure to maintain meaningful contact, it shall be shown that the putative parent was not prevented from visiting or having contact with the juvenile by the custodian of the juvenile or any other person, taking into consideration the distance of the juvenile's placement from the putative parent's home. (c) A termination of parental rights under subdivision (b)(3)(B)(x) (a) of this section shall not be considered an involuntary termination. (d) (1) Subdivision (b)(3)(B)(x) (a) of this section does not apply to a putative parent whose rights have not attached to a juvenile. (2) If a court finds that the rights of the putative parent have not attached to the juvenile, the court shall dismiss the putative parent from the petition to terminate parental rights and enter an order finding that no further notice is due to the putative parent.

(A) That it is in the best interest of the juvenile, including consideration of the following factors: (i) The likelihood that the juvenile will be adopted if the termination petition is granted; and (ii) The potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent, parents, or putative parent or parents; and

(i) The likelihood that the juvenile will be adopted if the termination petition is granted; and

(ii) The potential harm, specifically addressing the effect on the health and safety of the child, caused by returning the child to the custody of the parent, parents, or putative parent or parents; and

(B) Of one (1) or more of the following grounds: (i) (a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent. (b) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued out of the home of the noncustodial parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that prevented the child from safely being placed in the parent's home, the conditions have not been remedied by the parent. (c) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(i) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (ii) (a) The juvenile has lived outside the home of the parent for a period of twelve (12) months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the juvenile. (b) To find willful failure to maintain meaningful contact, it must be shown that the parent was not prevented from visiting or having contact with the juvenile by the juvenile's custodian or any other person, taking into consideration the distance of the juvenile's placement from the parent's home. (c) Material support consists of either financial contributions or food, shelter, clothing, or other necessities when the contribution has been requested by the juvenile's custodian or ordered by a court of competent jurisdiction. (d) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(ii) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months; (iii) (a) The parent is not the biological parent of the juvenile and the welfare of the juvenile can best be served by terminating the parental rights of the parent. (b) A termination of parental rights under subdivision (b)(3)(B)(iii) (a) of this section shall not be considered an involuntary termination; (iv) A parent has abandoned the juvenile; (v) (a) A parent has executed consent to termination of parental rights or adoption of the juvenile, subject to the court's approval. (b) If the consent is executed under oath by a person authorized to administer the oath, the parent is not required to execute the consent in the presence of the court unless required by federal law or federal regulations; (vi) (a) The court has found the juvenile or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the juvenile's parent or parents or stepparent or stepparents. (b) Such findings by the juvenile division of circuit court shall constitute grounds for immediate termination of the parental rights of one (1) or both of the parents; (vii) (a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile's health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent's circumstances that prevent the placement of the juvenile in the custody of the parent. (b) The department shall make reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services. (c) For purposes of this subdivision (b)(3)(B)(vii), the inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies. (d) Subdivision (b)(3)(B)(vii) (a) of this section does not apply if the factors or issues have not been adjudicated by the court or the parent is not provided with proper notice of the factors or issues; (viii) The parent is sentenced in a criminal proceeding for a period of time that would constitute a substantial period of the juvenile's life; (ix) (a) The parent is found by a court of competent jurisdiction, including the juvenile division of the circuit court, to: (1) Have committed murder or manslaughter of any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter; (2) Have committed a felony battery that results in serious bodily injury to any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any juvenile; (3) (A) Have subjected any juvenile to aggravated circumstances. (B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child; (4) (A) Have had his or her parental rights involuntarily terminated as to a child. (B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or (5) Have abandoned an infant, as defined in § 9-27-303 . (b) This subchapter does not require reunification of a surviving child with a parent who has been found guilty of any of the offenses listed in subdivision (b)(3)(B)(ix) (a) of this section; or (x) (a) A putative parent who fails to establish or maintain meaningful contacts with his or her juvenile after: (1) Being named and served as a party in a dependency-neglect proceeding; (2) Receiving notice of a dependency-neglect proceeding under § 9-27-311 or § 9-27-325 ; and (3) The court finds that the rights of the putative parent with regard to the juvenile have attached. (b) To find willful failure to maintain meaningful contact, it shall be shown that the putative parent was not prevented from visiting or having contact with the juvenile by the custodian of the juvenile or any other person, taking into consideration the distance of the juvenile's placement from the putative parent's home. (c) A termination of parental rights under subdivision (b)(3)(B)(x) (a) of this section shall not be considered an involuntary termination. (d) (1) Subdivision (b)(3)(B)(x) (a) of this section does not apply to a putative parent whose rights have not attached to a juvenile. (2) If a court finds that the rights of the putative parent have not attached to the juvenile, the court shall dismiss the putative parent from the petition to terminate parental rights and enter an order finding that no further notice is due to the putative parent.

(i) (a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent. (b) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued out of the home of the noncustodial parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that prevented the child from safely being placed in the parent's home, the conditions have not been remedied by the parent. (c) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(i) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months;

(a) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued to be out of the custody of the parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent.

(b) That a juvenile has been adjudicated by the court to be dependent-neglected and has continued out of the home of the noncustodial parent for twelve (12) months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that prevented the child from safely being placed in the parent's home, the conditions have not been remedied by the parent.

(c) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(i) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months;

(ii) (a) The juvenile has lived outside the home of the parent for a period of twelve (12) months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the juvenile. (b) To find willful failure to maintain meaningful contact, it must be shown that the parent was not prevented from visiting or having contact with the juvenile by the juvenile's custodian or any other person, taking into consideration the distance of the juvenile's placement from the parent's home. (c) Material support consists of either financial contributions or food, shelter, clothing, or other necessities when the contribution has been requested by the juvenile's custodian or ordered by a court of competent jurisdiction. (d) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(ii) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months;

(a) The juvenile has lived outside the home of the parent for a period of twelve (12) months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the juvenile.

(b) To find willful failure to maintain meaningful contact, it must be shown that the parent was not prevented from visiting or having contact with the juvenile by the juvenile's custodian or any other person, taking into consideration the distance of the juvenile's placement from the parent's home.

(c) Material support consists of either financial contributions or food, shelter, clothing, or other necessities when the contribution has been requested by the juvenile's custodian or ordered by a court of competent jurisdiction.

(d) It is not necessary that the twelve-month period referenced in subdivision (b)(3)(B)(ii) (a) of this section immediately precede the filing of the petition for termination of parental rights or that it be for twelve (12) consecutive months;

(iii) (a) The parent is not the biological parent of the juvenile and the welfare of the juvenile can best be served by terminating the parental rights of the parent. (b) A termination of parental rights under subdivision (b)(3)(B)(iii) (a) of this section shall not be considered an involuntary termination;

(a) The parent is not the biological parent of the juvenile and the welfare of the juvenile can best be served by terminating the parental rights of the parent.

(b) A termination of parental rights under subdivision (b)(3)(B)(iii) (a) of this section shall not be considered an involuntary termination;

(iv) A parent has abandoned the juvenile;

(v) (a) A parent has executed consent to termination of parental rights or adoption of the juvenile, subject to the court's approval. (b) If the consent is executed under oath by a person authorized to administer the oath, the parent is not required to execute the consent in the presence of the court unless required by federal law or federal regulations;

(a) A parent has executed consent to termination of parental rights or adoption of the juvenile, subject to the court's approval.

(b) If the consent is executed under oath by a person authorized to administer the oath, the parent is not required to execute the consent in the presence of the court unless required by federal law or federal regulations;

(vi) (a) The court has found the juvenile or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the juvenile's parent or parents or stepparent or stepparents. (b) Such findings by the juvenile division of circuit court shall constitute grounds for immediate termination of the parental rights of one (1) or both of the parents;

(a) The court has found the juvenile or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the juvenile's parent or parents or stepparent or stepparents.

(b) Such findings by the juvenile division of circuit court shall constitute grounds for immediate termination of the parental rights of one (1) or both of the parents;

(vii) (a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile's health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent's circumstances that prevent the placement of the juvenile in the custody of the parent. (b) The department shall make reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services. (c) For purposes of this subdivision (b)(3)(B)(vii), the inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies. (d) Subdivision (b)(3)(B)(vii) (a) of this section does not apply if the factors or issues have not been adjudicated by the court or the parent is not provided with proper notice of the factors or issues;

(a) That other factors or issues arose subsequent to the filing of the original petition for dependency-neglect that demonstrate that placement of the juvenile in the custody of the parent is contrary to the juvenile's health, safety, or welfare and that, despite the offer of appropriate family services, the parent has manifested the incapacity or indifference to remedy the subsequent issues or factors or rehabilitate the parent's circumstances that prevent the placement of the juvenile in the custody of the parent.

(b) The department shall make reasonable accommodations in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to parents with disabilities in order to allow them meaningful access to reunification and family preservation services.

(c) For purposes of this subdivision (b)(3)(B)(vii), the inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies.

(d) Subdivision (b)(3)(B)(vii) (a) of this section does not apply if the factors or issues have not been adjudicated by the court or the parent is not provided with proper notice of the factors or issues;

(viii) The parent is sentenced in a criminal proceeding for a period of time that would constitute a substantial period of the juvenile's life;

(ix) (a) The parent is found by a court of competent jurisdiction, including the juvenile division of the circuit court, to: (1) Have committed murder or manslaughter of any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter; (2) Have committed a felony battery that results in serious bodily injury to any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any juvenile; (3) (A) Have subjected any juvenile to aggravated circumstances. (B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child; (4) (A) Have had his or her parental rights involuntarily terminated as to a child. (B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or (5) Have abandoned an infant, as defined in § 9-27-303 . (b) This subchapter does not require reunification of a surviving child with a parent who has been found guilty of any of the offenses listed in subdivision (b)(3)(B)(ix) (a) of this section; or

(a) The parent is found by a court of competent jurisdiction, including the juvenile division of the circuit court, to: (1) Have committed murder or manslaughter of any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter; (2) Have committed a felony battery that results in serious bodily injury to any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any juvenile; (3) (A) Have subjected any juvenile to aggravated circumstances. (B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child; (4) (A) Have had his or her parental rights involuntarily terminated as to a child. (B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or (5) Have abandoned an infant, as defined in § 9-27-303 .

(1) Have committed murder or manslaughter of any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit the murder or manslaughter;

(2) Have committed a felony battery that results in serious bodily injury to any juvenile or to have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any juvenile;

(3) (A) Have subjected any juvenile to aggravated circumstances. (B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child;

(A) Have subjected any juvenile to aggravated circumstances.

(B) "Aggravated circumstances" means: (i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; (ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or (iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child;

(i) A juvenile has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification;

(ii) A juvenile has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or

(iii) A child or a sibling has been neglected or abused to the extent that the abuse or neglect could endanger the life of the child;

(4) (A) Have had his or her parental rights involuntarily terminated as to a child. (B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or

(A) Have had his or her parental rights involuntarily terminated as to a child.

(B) It is an affirmative defense to the termination of parental rights based on a prior involuntary termination of parental rights that the parent has remedied the conditions that caused the prior involuntary termination of parental rights; or

(5) Have abandoned an infant, as defined in § 9-27-303 .

(b) This subchapter does not require reunification of a surviving child with a parent who has been found guilty of any of the offenses listed in subdivision (b)(3)(B)(ix) (a) of this section; or

(x) (a) A putative parent who fails to establish or maintain meaningful contacts with his or her juvenile after: (1) Being named and served as a party in a dependency-neglect proceeding; (2) Receiving notice of a dependency-neglect proceeding under § 9-27-311 or § 9-27-325 ; and (3) The court finds that the rights of the putative parent with regard to the juvenile have attached. (b) To find willful failure to maintain meaningful contact, it shall be shown that the putative parent was not prevented from visiting or having contact with the juvenile by the custodian of the juvenile or any other person, taking into consideration the distance of the juvenile's placement from the putative parent's home. (c) A termination of parental rights under subdivision (b)(3)(B)(x) (a) of this section shall not be considered an involuntary termination. (d) (1) Subdivision (b)(3)(B)(x) (a) of this section does not apply to a putative parent whose rights have not attached to a juvenile. (2) If a court finds that the rights of the putative parent have not attached to the juvenile, the court shall dismiss the putative parent from the petition to terminate parental rights and enter an order finding that no further notice is due to the putative parent.

(a) A putative parent who fails to establish or maintain meaningful contacts with his or her juvenile after: (1) Being named and served as a party in a dependency-neglect proceeding; (2) Receiving notice of a dependency-neglect proceeding under § 9-27-311 or § 9-27-325 ; and (3) The court finds that the rights of the putative parent with regard to the juvenile have attached.

(1) Being named and served as a party in a dependency-neglect proceeding;

(2) Receiving notice of a dependency-neglect proceeding under § 9-27-311 or § 9-27-325 ; and

(3) The court finds that the rights of the putative parent with regard to the juvenile have attached.

(b) To find willful failure to maintain meaningful contact, it shall be shown that the putative parent was not prevented from visiting or having contact with the juvenile by the custodian of the juvenile or any other person, taking into consideration the distance of the juvenile's placement from the putative parent's home.

(c) A termination of parental rights under subdivision (b)(3)(B)(x) (a) of this section shall not be considered an involuntary termination.

(d) (1) Subdivision (b)(3)(B)(x) (a) of this section does not apply to a putative parent whose rights have not attached to a juvenile. (2) If a court finds that the rights of the putative parent have not attached to the juvenile, the court shall dismiss the putative parent from the petition to terminate parental rights and enter an order finding that no further notice is due to the putative parent.

(1) Subdivision (b)(3)(B)(x) (a) of this section does not apply to a putative parent whose rights have not attached to a juvenile.

(2) If a court finds that the rights of the putative parent have not attached to the juvenile, the court shall dismiss the putative parent from the petition to terminate parental rights and enter an order finding that no further notice is due to the putative parent.

(c) (1) An order terminating the relationship between parent and juvenile: (A) Divests the parent and the juvenile of all legal rights, powers, and obligations with respect to each other, including the right to withhold consent to adoption, except the right of the juvenile to inherit from the parent, that is terminated only by a final order of adoption; and (B) (i) Divests a putative parent and the juvenile of all rights, powers, and obligations with respect to the putative parent and the juvenile if the rights of the putative parent have attached under § 9-27-325(n) before or during the termination proceeding. (ii) The divesting of all the rights, powers, and obligations of the putative parent and the juvenile shall be based on the same authority, requirements, limitations, and other provisions that apply to the termination of the rights of a parent, including without limitation the provision requiring the dismissal of a putative parent as a party to a case without further notice to the putative parent. (2) (A) Termination of the relationship between a juvenile and one parent shall not affect the relationship between the juvenile and the other parent if those rights are legally established. (B) A court may terminate the rights of one parent and not the other parent if the court finds that it is in the best interest of the child. (3) An order terminating parental rights under this section: (A) May authorize the department to consent to adoption of the juvenile; and (B) Dismisses the parent or putative parent subject to the termination of parental rights as a party to the case without further notice to the parent or putative parent required.

(1) An order terminating the relationship between parent and juvenile: (A) Divests the parent and the juvenile of all legal rights, powers, and obligations with respect to each other, including the right to withhold consent to adoption, except the right of the juvenile to inherit from the parent, that is terminated only by a final order of adoption; and (B) (i) Divests a putative parent and the juvenile of all rights, powers, and obligations with respect to the putative parent and the juvenile if the rights of the putative parent have attached under § 9-27-325(n) before or during the termination proceeding. (ii) The divesting of all the rights, powers, and obligations of the putative parent and the juvenile shall be based on the same authority, requirements, limitations, and other provisions that apply to the termination of the rights of a parent, including without limitation the provision requiring the dismissal of a putative parent as a party to a case without further notice to the putative parent.

(A) Divests the parent and the juvenile of all legal rights, powers, and obligations with respect to each other, including the right to withhold consent to adoption, except the right of the juvenile to inherit from the parent, that is terminated only by a final order of adoption; and

(B) (i) Divests a putative parent and the juvenile of all rights, powers, and obligations with respect to the putative parent and the juvenile if the rights of the putative parent have attached under § 9-27-325(n) before or during the termination proceeding. (ii) The divesting of all the rights, powers, and obligations of the putative parent and the juvenile shall be based on the same authority, requirements, limitations, and other provisions that apply to the termination of the rights of a parent, including without limitation the provision requiring the dismissal of a putative parent as a party to a case without further notice to the putative parent.

(i) Divests a putative parent and the juvenile of all rights, powers, and obligations with respect to the putative parent and the juvenile if the rights of the putative parent have attached under § 9-27-325(n) before or during the termination proceeding.

(ii) The divesting of all the rights, powers, and obligations of the putative parent and the juvenile shall be based on the same authority, requirements, limitations, and other provisions that apply to the termination of the rights of a parent, including without limitation the provision requiring the dismissal of a putative parent as a party to a case without further notice to the putative parent.

(2) (A) Termination of the relationship between a juvenile and one parent shall not affect the relationship between the juvenile and the other parent if those rights are legally established. (B) A court may terminate the rights of one parent and not the other parent if the court finds that it is in the best interest of the child.

(A) Termination of the relationship between a juvenile and one parent shall not affect the relationship between the juvenile and the other parent if those rights are legally established.

(B) A court may terminate the rights of one parent and not the other parent if the court finds that it is in the best interest of the child.

(3) An order terminating parental rights under this section: (A) May authorize the department to consent to adoption of the juvenile; and (B) Dismisses the parent or putative parent subject to the termination of parental rights as a party to the case without further notice to the parent or putative parent required.

(A) May authorize the department to consent to adoption of the juvenile; and

(B) Dismisses the parent or putative parent subject to the termination of parental rights as a party to the case without further notice to the parent or putative parent required.

(d) (1) The court shall conduct and complete a termination of parental rights hearing within ninety (90) days from the date the petition for termination of parental rights is filed unless continued for good cause as articulated in the written order of the court. (2) (A) The court may continue a termination of parental rights hearing for up to one hundred eighty (180) days from the date the petition for termination of parental rights is filed in extraordinary circumstances. (B) As used in this subdivision (d)(2), "extraordinary circumstances" includes without limitation the following circumstances: (i) The Supreme Court orders the suspension of in-person court proceedings; and (ii) One (1) of the following has occurred: (a) The President of the United States has declared a national emergency; or (b) The Governor has declared a state of emergency or a statewide public health emergency.

(1) The court shall conduct and complete a termination of parental rights hearing within ninety (90) days from the date the petition for termination of parental rights is filed unless continued for good cause as articulated in the written order of the court.

(2) (A) The court may continue a termination of parental rights hearing for up to one hundred eighty (180) days from the date the petition for termination of parental rights is filed in extraordinary circumstances. (B) As used in this subdivision (d)(2), "extraordinary circumstances" includes without limitation the following circumstances: (i) The Supreme Court orders the suspension of in-person court proceedings; and (ii) One (1) of the following has occurred: (a) The President of the United States has declared a national emergency; or (b) The Governor has declared a state of emergency or a statewide public health emergency.

(A) The court may continue a termination of parental rights hearing for up to one hundred eighty (180) days from the date the petition for termination of parental rights is filed in extraordinary circumstances.

(B) As used in this subdivision (d)(2), "extraordinary circumstances" includes without limitation the following circumstances: (i) The Supreme Court orders the suspension of in-person court proceedings; and (ii) One (1) of the following has occurred: (a) The President of the United States has declared a national emergency; or (b) The Governor has declared a state of emergency or a statewide public health emergency.

(i) The Supreme Court orders the suspension of in-person court proceedings; and

(ii) One (1) of the following has occurred: (a) The President of the United States has declared a national emergency; or (b) The Governor has declared a state of emergency or a statewide public health emergency.

(a) The President of the United States has declared a national emergency; or

(b) The Governor has declared a state of emergency or a statewide public health emergency.

(e) A written order shall be filed by the court or by a party or party's counsel as designated by the court within thirty (30) days of the date of the termination hearing or before the next hearing, whichever is sooner.

(f) After the termination of parental rights hearing, the court shall review the case at least every six (6) months, and a permanency planning hearing shall be held each year following the initial permanency hearing until permanency is achieved for that juvenile.

(g) (1) (A) A parent may withdraw consent to termination of parental rights within ten (10) calendar days after it was signed by filing an affidavit with the circuit clerk in the county designated by the consent as the county in which the termination of parental rights will be filed. (B) If the ten-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. (C) No fee shall be charged for the filing of the affidavit. (2) The consent to terminate parental rights shall state that the person has the right of withdrawal of consent and shall provide the address of the circuit clerk of the county in which the termination of parental rights will be filed.

(1) (A) A parent may withdraw consent to termination of parental rights within ten (10) calendar days after it was signed by filing an affidavit with the circuit clerk in the county designated by the consent as the county in which the termination of parental rights will be filed. (B) If the ten-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day. (C) No fee shall be charged for the filing of the affidavit.

(A) A parent may withdraw consent to termination of parental rights within ten (10) calendar days after it was signed by filing an affidavit with the circuit clerk in the county designated by the consent as the county in which the termination of parental rights will be filed.

(B) If the ten-day period ends on a weekend or legal holiday, the person may file the affidavit the next working day.

(C) No fee shall be charged for the filing of the affidavit.

(2) The consent to terminate parental rights shall state that the person has the right of withdrawal of consent and shall provide the address of the circuit clerk of the county in which the termination of parental rights will be filed.

(h) Upon the entry of an order terminating parental rights the: (1) Department is relieved of all responsibility for providing reunification services to the parent whose parental rights are terminated; (2) Appointed parent counsel is relieved of his or her representation of the parent whose parental rights are terminated except as provided under Rules 6-9 and 6-10 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas; (3) Appointed parent counsel shall be reappointed to represent a parent who successfully appeals the termination of his or her parental rights if the parent is indigent; and (4) Parent whose parental rights are terminated or a putative parent who after receiving notice is determined by a court to not have rights attached to the juvenile is not entitled to: (A) Notice of any court proceeding concerning the juvenile, including a petition for adoption concerning the juvenile; and (B) An opportunity to be heard in any court proceeding concerning the juvenile.

(1) Department is relieved of all responsibility for providing reunification services to the parent whose parental rights are terminated;

(2) Appointed parent counsel is relieved of his or her representation of the parent whose parental rights are terminated except as provided under Rules 6-9 and 6-10 of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas;

(3) Appointed parent counsel shall be reappointed to represent a parent who successfully appeals the termination of his or her parental rights if the parent is indigent; and

(4) Parent whose parental rights are terminated or a putative parent who after receiving notice is determined by a court to not have rights attached to the juvenile is not entitled to: (A) Notice of any court proceeding concerning the juvenile, including a petition for adoption concerning the juvenile; and (B) An opportunity to be heard in any court proceeding concerning the juvenile.

(A) Notice of any court proceeding concerning the juvenile, including a petition for adoption concerning the juvenile; and

(B) An opportunity to be heard in any court proceeding concerning the juvenile.

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

Amended by Act 2021, No. 813,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 813,§ 5, eff. 7/28/2021.

Amended by Act 2020F, No. 144,§ 41, eff. 4/20/2020.

Amended by Act 2019, No. 985,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 985,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 541,§ 8, eff. 7/24/2019.

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

Amended by Act 2019, No. 541,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 541,§ 5, eff. 7/24/2019.

Amended by Act 2017, No. 1111,§ 4, eff. 8/1/2017

Amended by Act 2017, No. 1111,§ 3, eff. 8/1/2017

Amended by Act 2017, No. 995,§ 1, eff. 8/1/2017

Amended by Act 2015, No. 1024,§ 6, eff. 7/22/2015

Amended by Act 2015, No. 1024,§ 5, eff. 7/22/2015

Amended by Act 2015, No. 1022,§ 4, eff. 7/22/2015

Amended by Act 2013, No. 1055,§ 20, eff. 8/16/2013

Amended by Act 2013, No. 1055,§ 11, eff. 8/16/2013

Acts 1989, No. 273, § 40; 1991, No. 557, § 1; 1995, No. 811, § 1; 1995, No. 909, § 1; 1995, No. 1335, § 7; 1995, No. 1337, § 10; 1997, No. 1227, § 13; 1999, No. 401, § 14; 1999, No. 1306, § 1; 2001, No. 1503, § 14; 2003, No. 1166, § 19; 2003, No. 1319, §§ 23, 24; 2005, No. 1990, § 18; 2007, No. 587, §§ 21-23; 2009, No. 956, §§ 20, 21; 2011, No. 792, § 10; 2011, No. 1175, § 9

See Act 2020F, No. 144, § 42.