Ark. Code Ann. § 9-26-216 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-216
Exemption of a third person from liability
Status: in_force

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, shall not be responsible for determining: (1) the validity of the purported custodian's designation; (2) the propriety of, or the authority under this subchapter for, any act of the purported custodian; (3) the validity or propriety under this subchapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or (4) the propriety of the application of any property of the minor delivered to the purported custodian. Acts 1985, No. 476, § 16; A.S.A. 1947, § 50-949

A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, shall not be responsible for determining:

(1) the validity of the purported custodian's designation;

(2) the propriety of, or the authority under this subchapter for, any act of the purported custodian;

(3) the validity or propriety under this subchapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or

(4) the propriety of the application of any property of the minor delivered to the purported custodian.

Acts 1985, No. 476, § 16; A.S.A. 1947, § 50-949
Ark. Code Ann. § 9-8-102 — AR Code / Title 9 / Chapter 8 / Subchapter 1 / Section 9-8-102
Investigation, study, or supervision involving children - Court order - Fee
Status: in_force

(a) (1) If a court of the State of Arkansas requests or orders a licensed social worker of the court's choice to perform any investigation, study, or supervision involving the custody, placement, adoption, or other pertinent matter with regard to a child or children, the licensed social worker selected by the court may charge a fee that shall not exceed the fair market value of the investigation, study, or supervision. (2) (A) The Division of Children and Family Services of the Department of Human Services shall not be ordered by any court, except the juvenile division of circuit court, to conduct an investigation, study, or supervision unless the court has first determined the responsible party to be indigent. (B) The investigation, study, or supervision is to take place within the State of Arkansas. (b) When the court requests or orders a licensed social worker to perform an investigation, study, or supervision, the court shall specify the party or parties responsible for payment of the fee and may grant a reasonable period of time for payment. (c) If payment is not made within the established time frame as set forth in the court order or as prescribed by rules, the obligation shall be considered a delinquent debt, as defined by rule, and the licensed social worker may recover the fee as provided by law for the recovery of a debt. Amended by Act 2019, No. 315,§ 704, eff. 7/24/2019. Acts 1991, No. 1081, § 2; 1995, No. 1283, § 1; 2001, No. 1420, § 2; 2003, No. 338, § 1

(a) (1) If a court of the State of Arkansas requests or orders a licensed social worker of the court's choice to perform any investigation, study, or supervision involving the custody, placement, adoption, or other pertinent matter with regard to a child or children, the licensed social worker selected by the court may charge a fee that shall not exceed the fair market value of the investigation, study, or supervision. (2) (A) The Division of Children and Family Services of the Department of Human Services shall not be ordered by any court, except the juvenile division of circuit court, to conduct an investigation, study, or supervision unless the court has first determined the responsible party to be indigent. (B) The investigation, study, or supervision is to take place within the State of Arkansas.

(1) If a court of the State of Arkansas requests or orders a licensed social worker of the court's choice to perform any investigation, study, or supervision involving the custody, placement, adoption, or other pertinent matter with regard to a child or children, the licensed social worker selected by the court may charge a fee that shall not exceed the fair market value of the investigation, study, or supervision.

(2) (A) The Division of Children and Family Services of the Department of Human Services shall not be ordered by any court, except the juvenile division of circuit court, to conduct an investigation, study, or supervision unless the court has first determined the responsible party to be indigent. (B) The investigation, study, or supervision is to take place within the State of Arkansas.

(A) The Division of Children and Family Services of the Department of Human Services shall not be ordered by any court, except the juvenile division of circuit court, to conduct an investigation, study, or supervision unless the court has first determined the responsible party to be indigent.

(B) The investigation, study, or supervision is to take place within the State of Arkansas.

(b) When the court requests or orders a licensed social worker to perform an investigation, study, or supervision, the court shall specify the party or parties responsible for payment of the fee and may grant a reasonable period of time for payment.

(c) If payment is not made within the established time frame as set forth in the court order or as prescribed by rules, the obligation shall be considered a delinquent debt, as defined by rule, and the licensed social worker may recover the fee as provided by law for the recovery of a debt.

Amended by Act 2019, No. 315,§ 704, eff. 7/24/2019.

Acts 1991, No. 1081, § 2; 1995, No. 1283, § 1; 2001, No. 1420, § 2; 2003, No. 338, § 1
Ark. Code Ann. § 9-28-115 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-115
Immunity - Definition
Status: in_force

(a) A foster parent approved by a child placement agency licensed by the Department of Human Services shall not be liable for: (1) Damages caused by a foster child; or (2) Injuries to a foster child caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct. (b) A volunteer approved by the department to transport a foster child or client of the department or to supervise visits at the request of the department shall not be liable to a foster child, the client, or the parent or guardian of a foster child for injuries to a foster child or client caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct. (c) An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees under § 19-10-305 . As used in this subsection, "approved volunteer" means a volunteer approved by: (1) The department; and (2) Any organization operating under a memorandum of understanding with the department for the completion of home studies. Acts 2011, No. 591, § 1

(a) A foster parent approved by a child placement agency licensed by the Department of Human Services shall not be liable for: (1) Damages caused by a foster child; or (2) Injuries to a foster child caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.

(1) Damages caused by a foster child; or

(2) Injuries to a foster child caused by acts or omissions of the foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.

(b) A volunteer approved by the department to transport a foster child or client of the department or to supervise visits at the request of the department shall not be liable to a foster child, the client, or the parent or guardian of a foster child for injuries to a foster child or client caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.

(c) An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees under § 19-10-305 . As used in this subsection, "approved volunteer" means a volunteer approved by: (1) The department; and (2) Any organization operating under a memorandum of understanding with the department for the completion of home studies.

(1) The department; and

(2) Any organization operating under a memorandum of understanding with the department for the completion of home studies.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-12-302 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-302
Equitable proceedings
Status: in_force

The action for alimony or divorce shall be by equitable proceedings. Civil Code, § 456; C. & M. Dig., § 3499; Pope's Dig., § 4380; A.S.A. 1947, § 34-1201

The action for alimony or divorce shall be by equitable proceedings.

Civil Code, § 456; C. & M. Dig., § 3499; Pope's Dig., § 4380; A.S.A. 1947, § 34-1201
Ark. Code Ann. § 9-3-109 — AR Code / Title 9 / Chapter 3 / Section 9-3-109
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 2, eff. 8/16/2013 Acts 1941, No. 355, § 9; A.S.A. 1947, § 34-1309

Repealed by Act 2013, No. 1152,§ 2, eff. 8/16/2013

Acts 1941, No. 355, § 9; A.S.A. 1947, § 34-1309
Ark. Code Ann. § 9-11-802 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-802
Definitions
Status: in_force

As used in this subchapter: (1) "Authorized counseling" means marital counseling provided by: (A) A priest; (B) A minister; (C) A rabbi; (D) A clerk of the Religious Society of Friends; (E) Any clergy member of any religious sect or a designated representative; (F) A marriage educator approved by the person who will perform the marriage ceremony; or (G) As defined by § 17-27-102 : (i) A licensed professional counselor; (ii) A licensed associate counselor; (iii) A licensed marriage and family therapist; (iv) A licensed clinical psychologist; or (v) A licensed associate marriage and family therapist; and (2) "Judicial separation" means a judicial proceeding pursuant to § 9-11-809 that results in a court determination that the parties to a covenant marriage live separate and apart. Acts 2001, No. 1486, § 5; 2003, No. 1115, § 1; 2003, No. 1473, § 15

As used in this subchapter:

(1) "Authorized counseling" means marital counseling provided by: (A) A priest; (B) A minister; (C) A rabbi; (D) A clerk of the Religious Society of Friends; (E) Any clergy member of any religious sect or a designated representative; (F) A marriage educator approved by the person who will perform the marriage ceremony; or (G) As defined by § 17-27-102 : (i) A licensed professional counselor; (ii) A licensed associate counselor; (iii) A licensed marriage and family therapist; (iv) A licensed clinical psychologist; or (v) A licensed associate marriage and family therapist; and

(A) A priest;

(B) A minister;

(C) A rabbi;

(D) A clerk of the Religious Society of Friends;

(E) Any clergy member of any religious sect or a designated representative;

(F) A marriage educator approved by the person who will perform the marriage ceremony; or

(G) As defined by § 17-27-102 : (i) A licensed professional counselor; (ii) A licensed associate counselor; (iii) A licensed marriage and family therapist; (iv) A licensed clinical psychologist; or (v) A licensed associate marriage and family therapist; and

(i) A licensed professional counselor;

(ii) A licensed associate counselor;

(iii) A licensed marriage and family therapist;

(iv) A licensed clinical psychologist; or

(v) A licensed associate marriage and family therapist; and

(2) "Judicial separation" means a judicial proceeding pursuant to § 9-11-809 that results in a court determination that the parties to a covenant marriage live separate and apart.

Acts 2001, No. 1486, § 5; 2003, No. 1115, § 1; 2003, No. 1473, § 15
Ark. Code Ann. § 9-20-112 — AR Code / Title 9 / Chapter 20 / Section 9-20-112
Voluntary protective placement
Status: in_force

(a) Any adult may request voluntary protective placement under this chapter. (b) No civil rights are relinquished as a result of voluntary protective placement. (c) Procedures for hearings under this chapter shall be followed with regard to voluntary protective placement. Acts 2005, No. 1811, § 1

(a) Any adult may request voluntary protective placement under this chapter.

(b) No civil rights are relinquished as a result of voluntary protective placement.

(c) Procedures for hearings under this chapter shall be followed with regard to voluntary protective placement.

Acts 2005, No. 1811, § 1
Ark. Code Ann. § 9-11-219 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-219
False return or record - Penalty
Status: in_force

If any person authorized to solemnize any marriage in this state shall willfully make a false return of any marriage or pretended marriage to the clerk and recorder, or if the clerk and recorder shall willfully make a false record of any return of a marriage license made to him or her, the offender shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100). Rev. Stat., ch. 94, § 25; C. & M. Dig., § 7068; Pope's Dig., § 9050; A.S.A. 1947, § 55-225

If any person authorized to solemnize any marriage in this state shall willfully make a false return of any marriage or pretended marriage to the clerk and recorder, or if the clerk and recorder shall willfully make a false record of any return of a marriage license made to him or her, the offender shall be deemed guilty of a misdemeanor and on conviction shall be fined in any sum not less than one hundred dollars ($100).

Rev. Stat., ch. 94, § 25; C. & M. Dig., § 7068; Pope's Dig., § 9050; A.S.A. 1947, § 55-225
Ark. Code Ann. § 9-18-103 — AR Code / Title 9 / Chapter 18 / Section 9-18-103
Orders to reach public employees' retirement benefits
Status: in_force

(a) Notwithstanding § 24-3-212 [repealed] and § 24-7-715 or any other laws of Arkansas limiting the application of legal process to any retirement plans, the Arkansas Teacher Retirement System, the State Police Retirement System, the Arkansas State Highway Employees' Retirement System, the Arkansas Public Employees' Retirement System, the Arkansas Judicial Retirement System, and any other state-supported retirement system shall comply with any qualified domestic relations order as defined in this chapter. (b) The boards of trustees of the state-supported retirement systems shall: (1) Establish rules to implement this chapter; and (2) (A) Adopt a uniform legal form for use in preparing a qualified domestic relations order for each retirement plan. (B) (i) The state-supported retirement system's uniform legal form of the qualified domestic relations order shall be approved by the Legislative Council. (ii) A state-supported retirement system is not required to comply with a qualified domestic relations order that does not substantially follow the uniform legal form approved by the Legislative Council. Amended by Act 2013, No. 44,§ 1, eff. 8/16/2013 Acts 1993, No. 1143, § 3

(a) Notwithstanding § 24-3-212 [repealed] and § 24-7-715 or any other laws of Arkansas limiting the application of legal process to any retirement plans, the Arkansas Teacher Retirement System, the State Police Retirement System, the Arkansas State Highway Employees' Retirement System, the Arkansas Public Employees' Retirement System, the Arkansas Judicial Retirement System, and any other state-supported retirement system shall comply with any qualified domestic relations order as defined in this chapter.

(b) The boards of trustees of the state-supported retirement systems shall: (1) Establish rules to implement this chapter; and (2) (A) Adopt a uniform legal form for use in preparing a qualified domestic relations order for each retirement plan. (B) (i) The state-supported retirement system's uniform legal form of the qualified domestic relations order shall be approved by the Legislative Council. (ii) A state-supported retirement system is not required to comply with a qualified domestic relations order that does not substantially follow the uniform legal form approved by the Legislative Council.

(1) Establish rules to implement this chapter; and

(2) (A) Adopt a uniform legal form for use in preparing a qualified domestic relations order for each retirement plan. (B) (i) The state-supported retirement system's uniform legal form of the qualified domestic relations order shall be approved by the Legislative Council. (ii) A state-supported retirement system is not required to comply with a qualified domestic relations order that does not substantially follow the uniform legal form approved by the Legislative Council.

(A) Adopt a uniform legal form for use in preparing a qualified domestic relations order for each retirement plan.

(B) (i) The state-supported retirement system's uniform legal form of the qualified domestic relations order shall be approved by the Legislative Council. (ii) A state-supported retirement system is not required to comply with a qualified domestic relations order that does not substantially follow the uniform legal form approved by the Legislative Council.

(i) The state-supported retirement system's uniform legal form of the qualified domestic relations order shall be approved by the Legislative Council.

(ii) A state-supported retirement system is not required to comply with a qualified domestic relations order that does not substantially follow the uniform legal form approved by the Legislative Council.

Amended by Act 2013, No. 44,§ 1, eff. 8/16/2013

Acts 1993, No. 1143, § 3
Ark. Code Ann. § 9-28-105 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-105
Preference to relative caregivers for a child in foster care
Status: in_force

In all custodial placements by the Department of Human Services in foster care or adoption, preferential consideration shall be given to an adult relative over a nonrelated caregiver, if: (1) The relative caregiver meets all relevant child protection standards; and (2) It is in the best interest of the child to be placed with the relative caregiver. Acts 2011, No. 591, § 1

In all custodial placements by the Department of Human Services in foster care or adoption, preferential consideration shall be given to an adult relative over a nonrelated caregiver, if:

(1) The relative caregiver meets all relevant child protection standards; and

(2) It is in the best interest of the child to be placed with the relative caregiver.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-15-103 — AR Code / Title 9 / Chapter 15 / Subchapter 1 / Section 9-15-103
Definitions
Status: in_force

As used in this chapter: (1) "Commercial mobile radio service" means commercial mobile service as defined in 47 U.S.C. § 332 ; (2) "County where the petitioner resides" means the county in which the petitioner physically resides at the time the petition is filed and may include a county where the petitioner is located for a short-term stay in a domestic violence shelter; (3) (A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that shall be determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship; and (iii) The frequency of interaction between the two (2) individuals involved in the relationship. (B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context; (4) "Domestic abuse" means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state; (5) "Family or household members" means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together; (6) "In-laws" means persons related by marriage within the second degree of consanguinity; and (7) "Wireless telephone service provider" means a commercial mobile radio service provider or reseller. Amended by Act 2017, No. 577,§ 1, eff. 8/1/2017 Amended by Act 2015, No. 701,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 701,§ 1, eff. 7/22/2015 Acts 1991, No. 266, § 2; 1999, No. 1551, § 1; 2001, No. 1678, § 1; 2005, No. 1676, § 1; 2005, No. 1875, § 1; 2009, No. 698, § 1

As used in this chapter:

(1) "Commercial mobile radio service" means commercial mobile service as defined in 47 U.S.C. § 332 ;

(2) "County where the petitioner resides" means the county in which the petitioner physically resides at the time the petition is filed and may include a county where the petitioner is located for a short-term stay in a domestic violence shelter;

(3) (A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that shall be determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship; and (iii) The frequency of interaction between the two (2) individuals involved in the relationship. (B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;

(A) "Dating relationship" means a romantic or intimate social relationship between two (2) individuals that shall be determined by examining the following factors: (i) The length of the relationship; (ii) The type of the relationship; and (iii) The frequency of interaction between the two (2) individuals involved in the relationship.

(i) The length of the relationship;

(ii) The type of the relationship; and

(iii) The frequency of interaction between the two (2) individuals involved in the relationship.

(B) "Dating relationship" does not include a casual relationship or ordinary fraternization between two (2) individuals in a business or social context;

(4) "Domestic abuse" means: (A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or (B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state;

(A) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or

(B) Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this state;

(5) "Family or household members" means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, in-laws, any children residing in the household, persons who presently or in the past have resided or cohabited together, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together;

(6) "In-laws" means persons related by marriage within the second degree of consanguinity; and

(7) "Wireless telephone service provider" means a commercial mobile radio service provider or reseller.

Amended by Act 2017, No. 577,§ 1, eff. 8/1/2017

Amended by Act 2015, No. 701,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 701,§ 1, eff. 7/22/2015

Acts 1991, No. 266, § 2; 1999, No. 1551, § 1; 2001, No. 1678, § 1; 2005, No. 1676, § 1; 2005, No. 1875, § 1; 2009, No. 698, § 1
Ark. Code Ann. § 9-27-348 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-348
Publication of proceedings
Status: in_force

No information by which the name or identity of a juvenile who is the subject of proceedings under this subchapter may be ascertained shall be published by the news media without written order of the circuit court. Acts 1975, No. 451, § 43; A.S.A. 1947, § 45-443; Acts 2003, No. 1166, § 25

No information by which the name or identity of a juvenile who is the subject of proceedings under this subchapter may be ascertained shall be published by the news media without written order of the circuit court.

Acts 1975, No. 451, § 43; A.S.A. 1947, § 45-443; Acts 2003, No. 1166, § 25
Ark. Code Ann. § 9-27-301 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Juvenile Code of 1989". Acts 1989, No. 273, § 1

This subchapter shall be known and may be cited as the "Arkansas Juvenile Code of 1989".

Acts 1989, No. 273, § 1
Ark. Code Ann. § 9-19-310 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-310
Hearing and order
Status: in_force

(a) Unless the court issues a temporary emergency order pursuant to § 9-19-204 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) the child-custody determination has not been registered and confirmed under § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under § 9-19-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter. (b) The court shall award the fees, costs, and expenses authorized under § 9-19-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate. (c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter. Acts 1999, No. 668, § 310

(a) Unless the court issues a temporary emergency order pursuant to § 9-19-204 , upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) the child-custody determination has not been registered and confirmed under § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under § 9-19-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.

(1) the child-custody determination has not been registered and confirmed under § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter; or (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or

(A) the issuing court did not have jurisdiction under subchapter 2 of this chapter;

(B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter; or

(C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or

(2) the child-custody determination for which enforcement is sought was registered and confirmed under § 9-19-305 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.

(b) The court shall award the fees, costs, and expenses authorized under § 9-19-312 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subchapter.

Acts 1999, No. 668, § 310
Ark. Code Ann. § 9-4-105 — AR Code / Title 9 / Chapter 4 / Section 9-4-105
Disbursement of funds
Status: in_force

(a) The Arkansas Child Abuse/Rape/Domestic Violence Commission may disburse money appropriated from the Domestic Peace Fund exclusively for the following purposes: (1) To satisfy contractual obligations made to perform its duties under this section; (2) To make grants to shelters that meet the requirements of this section; and (3) To compensate the commission or its designee for administration costs associated with the performance of duties under this chapter. (b) The commission shall collect a one-percent-fee not to exceed seven thousand five hundred dollars ($7,500) annually from the fund for administrative and operational costs incurred under this chapter. Acts 2003, No. 1276, § 1

(a) The Arkansas Child Abuse/Rape/Domestic Violence Commission may disburse money appropriated from the Domestic Peace Fund exclusively for the following purposes: (1) To satisfy contractual obligations made to perform its duties under this section; (2) To make grants to shelters that meet the requirements of this section; and (3) To compensate the commission or its designee for administration costs associated with the performance of duties under this chapter.

(1) To satisfy contractual obligations made to perform its duties under this section;

(2) To make grants to shelters that meet the requirements of this section; and

(3) To compensate the commission or its designee for administration costs associated with the performance of duties under this chapter.

(b) The commission shall collect a one-percent-fee not to exceed seven thousand five hundred dollars ($7,500) annually from the fund for administrative and operational costs incurred under this chapter.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-14-105 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-105
Petition for support - Definitions - Limitations period
Status: in_force

(a) The circuit courts in the several counties in this state shall have exclusive jurisdiction in all civil cases and matters relating to the support of a minor child or support owed to a person eighteen (18) years of age or older that accrued during that person's minority. (b) The following may file a petition to require the parent or parents of a minor child to provide support for the minor child: (1) Any parent having physical custody of a minor child; (2) Any other person or agency to whom physical custody of a minor child has been given or relinquished; (3) A minor child by and through his or her guardian or fictive kin; or (4) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when a person to whom physical custody has been relinquished or awarded, parent, or putative father: (A) Is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq.; (B) Is receiving child support services under 45 C.F.R. § 302.33 , as it existed on January 1, 2023; or (C) Has contracted with the Department of Finance and Administration for child support services. (c) (1) Any person eighteen (18) years of age or above to whom support was owed during his or her minority may file a petition for a judgment against the nonsupporting parent or parents. (2) Upon hearing, a judgment may be entered upon proof by a preponderance of the evidence for the amount of support owed and unpaid for the last three (3) years prior to the petitioner reaching the age of majority. (d) As used in this subchapter: (1) "Minor child" means a child less than eighteen (18) years of age; and (2) "Payor parent" means a parent with an obligation to pay support. (e) Any action filed pursuant to this subchapter may be brought at any time up to and including five (5) years from the date the child reaches eighteen (18) years of age. (f) This section shall apply to all actions pending as of March 29, 1991, and filed thereafter and shall retroactively apply to all child support orders now existing. Amended by Act 2023, No. 623,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 927,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 927,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 565,§ 1, eff. 7/22/2015 Acts 1989, No. 383, § 1; 1991, No. 870, § 1; 1993, No. 1242, § 1; 1995, No. 1184, § 6

(a) The circuit courts in the several counties in this state shall have exclusive jurisdiction in all civil cases and matters relating to the support of a minor child or support owed to a person eighteen (18) years of age or older that accrued during that person's minority.

(b) The following may file a petition to require the parent or parents of a minor child to provide support for the minor child: (1) Any parent having physical custody of a minor child; (2) Any other person or agency to whom physical custody of a minor child has been given or relinquished; (3) A minor child by and through his or her guardian or fictive kin; or (4) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when a person to whom physical custody has been relinquished or awarded, parent, or putative father: (A) Is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq.; (B) Is receiving child support services under 45 C.F.R. § 302.33 , as it existed on January 1, 2023; or (C) Has contracted with the Department of Finance and Administration for child support services.

(1) Any parent having physical custody of a minor child;

(2) Any other person or agency to whom physical custody of a minor child has been given or relinquished;

(3) A minor child by and through his or her guardian or fictive kin; or

(4) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when a person to whom physical custody has been relinquished or awarded, parent, or putative father: (A) Is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq.; (B) Is receiving child support services under 45 C.F.R. § 302.33 , as it existed on January 1, 2023; or (C) Has contracted with the Department of Finance and Administration for child support services.

(A) Is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq.;

(B) Is receiving child support services under 45 C.F.R. § 302.33 , as it existed on January 1, 2023; or

(C) Has contracted with the Department of Finance and Administration for child support services.

(c) (1) Any person eighteen (18) years of age or above to whom support was owed during his or her minority may file a petition for a judgment against the nonsupporting parent or parents. (2) Upon hearing, a judgment may be entered upon proof by a preponderance of the evidence for the amount of support owed and unpaid for the last three (3) years prior to the petitioner reaching the age of majority.

(1) Any person eighteen (18) years of age or above to whom support was owed during his or her minority may file a petition for a judgment against the nonsupporting parent or parents.

(2) Upon hearing, a judgment may be entered upon proof by a preponderance of the evidence for the amount of support owed and unpaid for the last three (3) years prior to the petitioner reaching the age of majority.

(d) As used in this subchapter: (1) "Minor child" means a child less than eighteen (18) years of age; and (2) "Payor parent" means a parent with an obligation to pay support.

(1) "Minor child" means a child less than eighteen (18) years of age; and

(2) "Payor parent" means a parent with an obligation to pay support.

(e) Any action filed pursuant to this subchapter may be brought at any time up to and including five (5) years from the date the child reaches eighteen (18) years of age.

(f) This section shall apply to all actions pending as of March 29, 1991, and filed thereafter and shall retroactively apply to all child support orders now existing.

Amended by Act 2023, No. 623,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 927,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 927,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 565,§ 1, eff. 7/22/2015

Acts 1989, No. 383, § 1; 1991, No. 870, § 1; 1993, No. 1242, § 1; 1995, No. 1184, § 6
Ark. Code Ann. § 9-28-106 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-106
Religious preference - Removal of barriers to inter-ethnic adoption
Status: in_force

(a) The Department of Human Services and any other agency or entity that receives federal assistance and is involved in adoption or foster care placement shall not: (1) Discriminate on the basis of the race, color, or national origin of either the adoptive parent, foster parent, or the child involved; or (2) Delay the placement of a child on the basis of race, color, or national origin of the adoptive parent or foster parent. (b) If a child's genetic parent or parents express a preference for placing the child in a foster home or an adoptive home of the same or a similar religious background to that of the genetic parent or parents, the department shall: (1) Place the child with a family that meets the genetic parent's religious preference; or (2) If a family with the same or a similar religious background is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background. Acts 2011, No. 591, § 1

(a) The Department of Human Services and any other agency or entity that receives federal assistance and is involved in adoption or foster care placement shall not: (1) Discriminate on the basis of the race, color, or national origin of either the adoptive parent, foster parent, or the child involved; or (2) Delay the placement of a child on the basis of race, color, or national origin of the adoptive parent or foster parent.

(1) Discriminate on the basis of the race, color, or national origin of either the adoptive parent, foster parent, or the child involved; or

(2) Delay the placement of a child on the basis of race, color, or national origin of the adoptive parent or foster parent.

(b) If a child's genetic parent or parents express a preference for placing the child in a foster home or an adoptive home of the same or a similar religious background to that of the genetic parent or parents, the department shall: (1) Place the child with a family that meets the genetic parent's religious preference; or (2) If a family with the same or a similar religious background is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background.

(1) Place the child with a family that meets the genetic parent's religious preference; or

(2) If a family with the same or a similar religious background is not available, to a family of a different religious background that is knowledgeable and appreciative of the child's religious background.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-28-902 — AR Code / Title 9 / Chapter 28 / Subchapter 9 / Section 9-28-902
Findings
Status: in_force

(a) The General Assembly finds that foster parents providing care for children who are in the custody of the Department of Human Services play an integral, indispensable, and vital role in the state's effort to care for dependent children displaced from their homes. The General Assembly further finds that it is in the best interests of Arkansas's child welfare system to acknowledge foster parents as active and participating members of this system and to support them. (b) When policies regarding foster care and adoptive placement are developed by the Division of Children and Family Services and other child placement agencies, those policies shall be designed to support and aid foster parents. Acts 2007, No. 725, § 1

(a) The General Assembly finds that foster parents providing care for children who are in the custody of the Department of Human Services play an integral, indispensable, and vital role in the state's effort to care for dependent children displaced from their homes. The General Assembly further finds that it is in the best interests of Arkansas's child welfare system to acknowledge foster parents as active and participating members of this system and to support them.

(b) When policies regarding foster care and adoptive placement are developed by the Division of Children and Family Services and other child placement agencies, those policies shall be designed to support and aid foster parents.

Acts 2007, No. 725, § 1
Ark. Code Ann. § 9-3-117 — AR Code / Title 9 / Chapter 3 / Section 9-3-117
Duties of clerks of court
Status: in_force

(a) (1) It shall be the duty of the clerk of the court exercising jurisdiction in matters of residence and domicile to send to the Secretary of State at Little Rock, within thirty (30) days after the issuance of a certificate of residence and domicile in the State of Arkansas, a duplicate of the certificate, and to make and keep on file in his or her office a stub for each certificate so issued by him or her. (2) On the certificate shall be entered a memorandum of all the essential facts set forth in the certificate. (b) (1) It shall also be the duty of the clerk of the court to report to the Secretary of State, within thirty (30) days after the final hearing and decision of the court, the name of every person who was denied residence and domicile under the provisions of this chapter. (2) The clerk shall furnish to the Secretary of State duplicates of all petitions within thirty (30) days after the filing of the petitions and certified copies of other proceedings and orders instituted in or issued out of the court affecting or relating to residence and domicile as provided for under this chapter, as may be required from time to time by the Secretary of State. Acts 1941, No. 355, § 18; A.S.A. 1947, § 34-1318

(a) (1) It shall be the duty of the clerk of the court exercising jurisdiction in matters of residence and domicile to send to the Secretary of State at Little Rock, within thirty (30) days after the issuance of a certificate of residence and domicile in the State of Arkansas, a duplicate of the certificate, and to make and keep on file in his or her office a stub for each certificate so issued by him or her. (2) On the certificate shall be entered a memorandum of all the essential facts set forth in the certificate.

(1) It shall be the duty of the clerk of the court exercising jurisdiction in matters of residence and domicile to send to the Secretary of State at Little Rock, within thirty (30) days after the issuance of a certificate of residence and domicile in the State of Arkansas, a duplicate of the certificate, and to make and keep on file in his or her office a stub for each certificate so issued by him or her.

(2) On the certificate shall be entered a memorandum of all the essential facts set forth in the certificate.

(b) (1) It shall also be the duty of the clerk of the court to report to the Secretary of State, within thirty (30) days after the final hearing and decision of the court, the name of every person who was denied residence and domicile under the provisions of this chapter. (2) The clerk shall furnish to the Secretary of State duplicates of all petitions within thirty (30) days after the filing of the petitions and certified copies of other proceedings and orders instituted in or issued out of the court affecting or relating to residence and domicile as provided for under this chapter, as may be required from time to time by the Secretary of State.

(1) It shall also be the duty of the clerk of the court to report to the Secretary of State, within thirty (30) days after the final hearing and decision of the court, the name of every person who was denied residence and domicile under the provisions of this chapter.

(2) The clerk shall furnish to the Secretary of State duplicates of all petitions within thirty (30) days after the filing of the petitions and certified copies of other proceedings and orders instituted in or issued out of the court affecting or relating to residence and domicile as provided for under this chapter, as may be required from time to time by the Secretary of State.

Acts 1941, No. 355, § 18; A.S.A. 1947, § 34-1318
Ark. Code Ann. § 9-28-211 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-211
Escape from youth services center or facilities
Status: in_force

(a) If any delinquent youth committed to the Division of Youth Services escapes or absents himself or herself from a youth services center or facility without authorization, he or she may be returned to the facility by a law enforcement officer without further proceedings. (b) No law enforcement officer, Department of Human Services State Institutional System Board member, division employee, or other person shall be subject to suit or held criminally or civilly liable for his or her actions provided he or she acts in good faith and without malice in the apprehension and return of escapees. Acts 1995, No. 1261, § 11

(a) If any delinquent youth committed to the Division of Youth Services escapes or absents himself or herself from a youth services center or facility without authorization, he or she may be returned to the facility by a law enforcement officer without further proceedings.

(b) No law enforcement officer, Department of Human Services State Institutional System Board member, division employee, or other person shall be subject to suit or held criminally or civilly liable for his or her actions provided he or she acts in good faith and without malice in the apprehension and return of escapees.

Acts 1995, No. 1261, § 11
Ark. Code Ann. § 9-5-105 — AR Code / Title 9 / Chapter 5 / Section 9-5-105
Receipt of money
Status: in_force

Under this chapter and in the administration of the Arkansas Children's Advocacy Center Fund, the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas shall not accept money or other assistance from the United States Government or any other entity or individual if the acceptance would obligate the State of Arkansas except to the extent that money is available in the fund. Amended by Act 2021, No. 975,§ 4, eff. 7/28/2021. Acts 2007, No. 703, § 5

Under this chapter and in the administration of the Arkansas Children's Advocacy Center Fund, the Department of Finance and Administration and the Children's Advocacy Centers of Arkansas shall not accept money or other assistance from the United States Government or any other entity or individual if the acceptance would obligate the State of Arkansas except to the extent that money is available in the fund.

Amended by Act 2021, No. 975,§ 4, eff. 7/28/2021.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-16-104 — AR Code / Title 9 / Chapter 16 / Section 9-16-104
Division of Children and Family Services - Duties
Status: in_force

(a) The Division of Children and Family Services of the Department of Human Services shall be the lead administrative agency for family preservation services and may receive funding for the implementation of such services. (b) The division shall: (1) Provide the coordination of and planning for the implementation of family preservation services; (2) Provide standards for the family preservation services programs; (3) Monitor the services to ensure they meet measurable standards of performance as set forth in state law and as developed by the division; and (4) Provide the initial training curriculum and approve any on-going curriculum required by providers of family preservation services. Acts 1991, No. 1025, § 4

(a) The Division of Children and Family Services of the Department of Human Services shall be the lead administrative agency for family preservation services and may receive funding for the implementation of such services.

(b) The division shall: (1) Provide the coordination of and planning for the implementation of family preservation services; (2) Provide standards for the family preservation services programs; (3) Monitor the services to ensure they meet measurable standards of performance as set forth in state law and as developed by the division; and (4) Provide the initial training curriculum and approve any on-going curriculum required by providers of family preservation services.

(1) Provide the coordination of and planning for the implementation of family preservation services;

(2) Provide standards for the family preservation services programs;

(3) Monitor the services to ensure they meet measurable standards of performance as set forth in state law and as developed by the division; and

(4) Provide the initial training curriculum and approve any on-going curriculum required by providers of family preservation services.

Acts 1991, No. 1025, § 4
Ark. Code Ann. § 9-34-204 — AR Code / Title 9 / Chapter 34 / Subchapter 2 / Section 9-34-204
Missing Persons Information Clearinghouse
Status: in_force

The Division of Children and Family Services shall utilize the Missing Persons Information Clearinghouse and any other national and state resources to determine whether the child is a missing child. Acts 2001, No. 236, § 1

The Division of Children and Family Services shall utilize the Missing Persons Information Clearinghouse and any other national and state resources to determine whether the child is a missing child.

Acts 2001, No. 236, § 1
Ark. Code Ann. § 9-11-104 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-104
Minimum age - Lack of parental consent or misrepresentation of age - Annulment
Status: in_force

In all cases in which the consent of the parent or parents or guardian is not provided, or there has been a misrepresentation of age by a contracting party, the marriage contract may be set aside and annulled upon the application of the parent or parents or guardian to the circuit court having jurisdiction of the cause. Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102

In all cases in which the consent of the parent or parents or guardian is not provided, or there has been a misrepresentation of age by a contracting party, the marriage contract may be set aside and annulled upon the application of the parent or parents or guardian to the circuit court having jurisdiction of the cause.

Rev. Stat., ch. 94, § 2; C. & M. Dig., § 7037; Pope's Dig., § 9017; Acts 1941, No. 32, § 1; 1961, No. 497, § 1; 1963, No. 72, § 1; 1964 (1st Ex. Sess.), No. 5, § 1; 1971, No. 145, § 1; 1973, No. 79, § 1; 1981, No. 371, § 1; A.S.A. 1947, § 55-102
Ark. Code Ann. § 9-5-106 — AR Code / Title 9 / Chapter 5 / Section 9-5-106
Disbursement of funds
Status: in_force

(a) The Department of Finance and Administration may disburse money appropriated from the Arkansas Children's Advocacy Center Fund for the following purposes: (1) To satisfy contractual obligations entered into by the Children's Advocacy Centers of Arkansas in order for the duties of the Children's Advocacy Centers of Arkansas under this section to be performed; (2) To make grants to child safety centers that meet the requirements of this section; and (3) To compensate the Children's Advocacy Centers of Arkansas or its designee for administration costs associated with the performance of duties under this chapter. (b) The Children's Advocacy Centers of Arkansas may contract with a physician or healthcare entity that specializes in child abuse to provide expert advice, medical evaluations, and medical training to child safety centers. Amended by Act 2021, No. 975,§ 5, eff. 7/28/2021. Acts 2007, No. 703, § 5

(a) The Department of Finance and Administration may disburse money appropriated from the Arkansas Children's Advocacy Center Fund for the following purposes: (1) To satisfy contractual obligations entered into by the Children's Advocacy Centers of Arkansas in order for the duties of the Children's Advocacy Centers of Arkansas under this section to be performed; (2) To make grants to child safety centers that meet the requirements of this section; and (3) To compensate the Children's Advocacy Centers of Arkansas or its designee for administration costs associated with the performance of duties under this chapter.

(1) To satisfy contractual obligations entered into by the Children's Advocacy Centers of Arkansas in order for the duties of the Children's Advocacy Centers of Arkansas under this section to be performed;

(2) To make grants to child safety centers that meet the requirements of this section; and

(3) To compensate the Children's Advocacy Centers of Arkansas or its designee for administration costs associated with the performance of duties under this chapter.

(b) The Children's Advocacy Centers of Arkansas may contract with a physician or healthcare entity that specializes in child abuse to provide expert advice, medical evaluations, and medical training to child safety centers.

Amended by Act 2021, No. 975,§ 5, eff. 7/28/2021.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-26-304 — AR Code / Title 9 / Chapter 26 / Subchapter 3 / Section 9-26-304
Construction
Status: in_force

This subchapter shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it. Acts 1963, No. 530, § 4; A.S.A. 1947, § 50-925

This subchapter shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

Acts 1963, No. 530, § 4; A.S.A. 1947, § 50-925
Ark. Code Ann. § 9-11-215 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-215
Marriage ceremony
Status: in_force

(a) When marriages are solemnized by a minister of the gospel or priest, the ceremony shall be according to the forms and customs of the church or society to which he or she belongs. When solemnized by a civil officer, the form observed shall be the one the officer deems most appropriate. (b) It shall be lawful for religious societies who reject formal ceremonies to join together in marriage persons who are members of the society according to the forms, customs, or rites of the society to which they belong, with the exception that the requirements set forth in the Covenant Marriage Act of 2001, § 9-11-801 et seq., shall be complied with if the parties enter into a covenant marriage. Rev. Stat., ch. 94, §§ 12, 13; C. & M. Dig., §§ 7050, 7051; Pope's Dig., §§ 9030, 9031; A.S.A. 1947, §§ 55-222, 55-223; Acts 2001, No. 1486, § 3

(a) When marriages are solemnized by a minister of the gospel or priest, the ceremony shall be according to the forms and customs of the church or society to which he or she belongs. When solemnized by a civil officer, the form observed shall be the one the officer deems most appropriate.

(b) It shall be lawful for religious societies who reject formal ceremonies to join together in marriage persons who are members of the society according to the forms, customs, or rites of the society to which they belong, with the exception that the requirements set forth in the Covenant Marriage Act of 2001, § 9-11-801 et seq., shall be complied with if the parties enter into a covenant marriage.

Rev. Stat., ch. 94, §§ 12, 13; C. & M. Dig., §§ 7050, 7051; Pope's Dig., §§ 9030, 9031; A.S.A. 1947, §§ 55-222, 55-223; Acts 2001, No. 1486, § 3
Ark. Code Ann. § 9-19-314 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-314
Appeals
Status: in_force

An appeal may be taken from a final order in a proceeding under this subchapter in accordance with the Supreme Court Rules of Appellate Procedure. Unless the court enters a temporary emergency order under § 9-19-204 , the enforcing court may not stay an order enforcing a child-custody determination pending appeal. Acts 1999, No. 668, § 314

An appeal may be taken from a final order in a proceeding under this subchapter in accordance with the Supreme Court Rules of Appellate Procedure. Unless the court enters a temporary emergency order under § 9-19-204 , the enforcing court may not stay an order enforcing a child-custody determination pending appeal.

Acts 1999, No. 668, § 314
Ark. Code Ann. § 9-31-403 — AR Code / Title 9 / Chapter 31 / Subchapter 4 / Section 9-31-403
Definitions
Status: in_force

As used in this subchapter: (1) "Mediation" means a process in which a neutral person or persons help disputants try to resolve a dispute in whole or in part by reaching an agreement without the mediator or mediators imposing the agreement; and (2) "Program" means the Arkansas Youth Mediation Program at the University of Arkansas at Little Rock William H. Bowen School of Law and the University of Arkansas at Fayetteville School of Law. Acts 1999, No. 628, § 3

As used in this subchapter:

(1) "Mediation" means a process in which a neutral person or persons help disputants try to resolve a dispute in whole or in part by reaching an agreement without the mediator or mediators imposing the agreement; and

(2) "Program" means the Arkansas Youth Mediation Program at the University of Arkansas at Little Rock William H. Bowen School of Law and the University of Arkansas at Fayetteville School of Law.

Acts 1999, No. 628, § 3
Ark. Code Ann. § 9-11-806 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-806
Other applicable rules
Status: in_force

A covenant marriage shall be governed by all of the provisions of this title, except as otherwise specifically provided in this subchapter. Acts 2001, No. 1486, § 5

A covenant marriage shall be governed by all of the provisions of this title, except as otherwise specifically provided in this subchapter.

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-33-201 — AR Code / Title 9 / Chapter 33 / Subchapter 2 / Section 9-33-201
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 9, eff. 8/16/2013 Acts 1997, No. 745, § 1

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

Acts 1997, No. 745, § 1
Ark. Code Ann. § 9-28-1301 — AR Code / Title 9 / Chapter 28 / Subchapter 13 / Section 9-28-1301
Definitions
Status: in_force

As used in this subchapter: (1) "Psychiatric residential treatment facility" means the same as defined in § 9-28-402 ; and (2) "Regulated facility" means: (A) A psychiatric residential treatment facility licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and (B) A psychiatric hospital licensed under § 20-9-201 et seq., that admits a child for the purpose of providing behavioral health treatment, regardless of whether the child is placed in an acute, subacute, or otherwise unlicensed bed. Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.

As used in this subchapter:

(1) "Psychiatric residential treatment facility" means the same as defined in § 9-28-402 ; and

(2) "Regulated facility" means: (A) A psychiatric residential treatment facility licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and (B) A psychiatric hospital licensed under § 20-9-201 et seq., that admits a child for the purpose of providing behavioral health treatment, regardless of whether the child is placed in an acute, subacute, or otherwise unlicensed bed.

(A) A psychiatric residential treatment facility licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq.; and

(B) A psychiatric hospital licensed under § 20-9-201 et seq., that admits a child for the purpose of providing behavioral health treatment, regardless of whether the child is placed in an acute, subacute, or otherwise unlicensed bed.

Added by Act 2023, No. 806,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 9-5-107 — AR Code / Title 9 / Chapter 5 / Section 9-5-107
Program requirements
Status: in_force

Each child safety center shall: (1) Provide a comfortable, private, child-friendly setting that is both physically and psychologically safe for diverse populations of children and their families; (2) Be a part of a multidisciplinary team; (3) Have a nonprofit entity responsible for program, fiscal operations established, and implement best administrative practices; (4) Promote policies, practices, and procedures that are culturally competent; (5) Promote forensic interviews that are: (A) Legally sound; (B) Of a neutral, fact-finding nature; and (C) Coordinated to avoid duplicative interviewing; (6) Provide or provide access to, or both, specialized medical evaluations and treatment services to all child safety center clients; (7) Provide team discussion and information-sharing regarding the investigation, case, and status needed on a routine basis by the child and family; and (8) Develop and implement a system for monitoring case progress and tracking case outcomes. Acts 2007, No. 703, § 5

Each child safety center shall:

(1) Provide a comfortable, private, child-friendly setting that is both physically and psychologically safe for diverse populations of children and their families;

(2) Be a part of a multidisciplinary team;

(3) Have a nonprofit entity responsible for program, fiscal operations established, and implement best administrative practices;

(4) Promote policies, practices, and procedures that are culturally competent;

(5) Promote forensic interviews that are: (A) Legally sound; (B) Of a neutral, fact-finding nature; and (C) Coordinated to avoid duplicative interviewing;

(A) Legally sound;

(B) Of a neutral, fact-finding nature; and

(C) Coordinated to avoid duplicative interviewing;

(6) Provide or provide access to, or both, specialized medical evaluations and treatment services to all child safety center clients;

(7) Provide team discussion and information-sharing regarding the investigation, case, and status needed on a routine basis by the child and family; and

(8) Develop and implement a system for monitoring case progress and tracking case outcomes.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-29-203 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-203
Enforcement
Status: in_force

(a) The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this state, means the Department of Human Services which shall receive and act with reference to notices required by Article III. (b) The department shall take appropriate action in the appropriate court as may be necessary to enforce the provisions of this compact and to ensure that the placement of any child shall be for the best interest of that child. Acts 1979, No. 677, § 3; A.S.A. 1947, § 83-1203

(a) The "appropriate public authorities" as used in Article III of the Interstate Compact on the Placement of Children, with reference to this state, means the Department of Human Services which shall receive and act with reference to notices required by Article III.

(b) The department shall take appropriate action in the appropriate court as may be necessary to enforce the provisions of this compact and to ensure that the placement of any child shall be for the best interest of that child.

Acts 1979, No. 677, § 3; A.S.A. 1947, § 83-1203
Ark. Code Ann. § 9-14-502 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-502
Income withholding authorized
Status: in_force

(a) In all decrees and orders that direct the noncustodial parent to provide and maintain healthcare coverage for any child, the court shall include a provision directing the employer to deduct from money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to provide for premiums for healthcare coverage offered by the employer. (b) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to garnish wages, salary, or other employment income pursuant to § 16-110-101 et seq. and withhold amounts from a state tax refund due any person who: (A) Is required by a court or administrative order to provide coverage for costs of health services to a child who is eligible for medical assistance under this section; and (B) Has received payment from a third party for the costs of such services for the child but has not used such payment to reimburse, as appropriate, the custodial parent, the provider of such services, the Department of Human Services, or the office for expenditures for such costs. (2) Any claims for current or past-due child support shall have priority over any claim for the costs of such services. Acts 1991, No. 368, § 1; 1995, No. 1179, § 1

(a) In all decrees and orders that direct the noncustodial parent to provide and maintain healthcare coverage for any child, the court shall include a provision directing the employer to deduct from money, income, or periodic earnings due the noncustodial parent an amount that is sufficient to provide for premiums for healthcare coverage offered by the employer.

(b) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to garnish wages, salary, or other employment income pursuant to § 16-110-101 et seq. and withhold amounts from a state tax refund due any person who: (A) Is required by a court or administrative order to provide coverage for costs of health services to a child who is eligible for medical assistance under this section; and (B) Has received payment from a third party for the costs of such services for the child but has not used such payment to reimburse, as appropriate, the custodial parent, the provider of such services, the Department of Human Services, or the office for expenditures for such costs. (2) Any claims for current or past-due child support shall have priority over any claim for the costs of such services.

(1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration is authorized to garnish wages, salary, or other employment income pursuant to § 16-110-101 et seq. and withhold amounts from a state tax refund due any person who: (A) Is required by a court or administrative order to provide coverage for costs of health services to a child who is eligible for medical assistance under this section; and (B) Has received payment from a third party for the costs of such services for the child but has not used such payment to reimburse, as appropriate, the custodial parent, the provider of such services, the Department of Human Services, or the office for expenditures for such costs.

(A) Is required by a court or administrative order to provide coverage for costs of health services to a child who is eligible for medical assistance under this section; and

(B) Has received payment from a third party for the costs of such services for the child but has not used such payment to reimburse, as appropriate, the custodial parent, the provider of such services, the Department of Human Services, or the office for expenditures for such costs.

(2) Any claims for current or past-due child support shall have priority over any claim for the costs of such services.

Acts 1991, No. 368, § 1; 1995, No. 1179, § 1
Ark. Code Ann. § 9-26-227 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-227
Repealer
Status: in_force

Acts 1967, No. 250, the Arkansas Uniform Gifts to Minors Act, is hereby repealed. To the extent that this subchapter, by virtue of § 9-26-222(b) , does not apply to transfers made in a manner prescribed in the Arkansas Uniform Gifts to Minors Act [repealed] or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the Arkansas Uniform Gifts to Minors Act does not affect those transfers or those powers, duties, and immunities. All other laws and parts of laws in conflict with this subchapter are hereby repealed. Acts 1985, No. 476, § 27; A.S.A. 1947, § 50-954n

Acts 1967, No. 250, the Arkansas Uniform Gifts to Minors Act, is hereby repealed. To the extent that this subchapter, by virtue of § 9-26-222(b) , does not apply to transfers made in a manner prescribed in the Arkansas Uniform Gifts to Minors Act [repealed] or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the Arkansas Uniform Gifts to Minors Act does not affect those transfers or those powers, duties, and immunities. All other laws and parts of laws in conflict with this subchapter are hereby repealed.

Acts 1985, No. 476, § 27; A.S.A. 1947, § 50-954n
Ark. Code Ann. § 9-26-208 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-208
Receipt for custodial property
Status: in_force

A written acknowledgment of delivery by a custodian shall constitute a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this subchapter. Acts 1985, No. 476, § 8; A.S.A. 1947, § 50-941

A written acknowledgment of delivery by a custodian shall constitute a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this subchapter.

Acts 1985, No. 476, § 8; A.S.A. 1947, § 50-941
Ark. Code Ann. § 9-12-101 — AR Code / Title 9 / Chapter 12 / Subchapter 1 / Section 9-12-101
Subsequent marriage before dissolution of prior marriage prohibited
Status: in_force

No subsequent or second marriage shall be contracted by any person during the lifetime of any former husband or wife of the person unless the marriage with the former husband or wife has been dissolved for some one (1) of the causes set forth in the law concerning divorces by a court of competent authority. Rev. Stat., ch. 94, § 6; C. & M. Dig., § 7042; Pope's Dig., § 9022; A.S.A. 1947, § 55-108

No subsequent or second marriage shall be contracted by any person during the lifetime of any former husband or wife of the person unless the marriage with the former husband or wife has been dissolved for some one (1) of the causes set forth in the law concerning divorces by a court of competent authority.

Rev. Stat., ch. 94, § 6; C. & M. Dig., § 7042; Pope's Dig., § 9022; A.S.A. 1947, § 55-108
Ark. Code Ann. § 9-5-112 — AR Code / Title 9 / Chapter 5 / Section 9-5-112
Rights and responsibilities
Status: in_force

(a) The Children's Advocacy Centers of Arkansas or its designee may enter the premises of a child safety center at any time to ensure compliance with this chapter and the rules promulgated by the Children's Advocacy Centers of Arkansas under this chapter. (b) Each child safety center shall submit annually an audit, a budget, bylaws, and policies to the Board of Directors of the Children's Advocacy Centers of Arkansas. (c) The board shall include two (2) financial experts who shall provide financial oversight, review grants, and evaluate each child safety center. Amended by Act 2021, No. 975,§ 8, eff. 7/28/2021. Acts 2007, No. 703, § 5

(a) The Children's Advocacy Centers of Arkansas or its designee may enter the premises of a child safety center at any time to ensure compliance with this chapter and the rules promulgated by the Children's Advocacy Centers of Arkansas under this chapter.

(b) Each child safety center shall submit annually an audit, a budget, bylaws, and policies to the Board of Directors of the Children's Advocacy Centers of Arkansas.

(c) The board shall include two (2) financial experts who shall provide financial oversight, review grants, and evaluate each child safety center.

Amended by Act 2021, No. 975,§ 8, eff. 7/28/2021.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-14-507 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-507
Priority of income withholding claims
Status: in_force

An order of income withholding for healthcare coverage shall have priority over all other legal processes under state law against money, income, or periodic earnings of the noncustodial parent except an order of income withholding for child support. Acts 1991, No. 368, § 5

An order of income withholding for healthcare coverage shall have priority over all other legal processes under state law against money, income, or periodic earnings of the noncustodial parent except an order of income withholding for child support.

Acts 1991, No. 368, § 5
Ark. Code Ann. § 9-5-108 — AR Code / Title 9 / Chapter 5 / Section 9-5-108
Access to specialized medical examinations and psychological examinations
Status: in_force

(a) The child safety centers shall provide or provide access to specialized medical examinations and psychological examinations for their clients, to the extent funding is appropriated and available. (b) Medical providers operating under this chapter shall be capable of performing: (A) A complete medical history; (B) An evaluation of a child or an adolescent for evidence of sexual abuse or sexual assault including photo documentation of examination findings for recognition of genital and anal findings that are clearly normal or normal variants and common patterns of healed injuries; (C) Collection of forensic evidence; (D) Evaluation for sexually transmitted diseases, pregnancy, and other related sexual abuse and assault; (E) Performance of tests and treatment as appropriate; and (F) Testimony in court as to the findings. Acts 2007, No. 703, § 5

(a) The child safety centers shall provide or provide access to specialized medical examinations and psychological examinations for their clients, to the extent funding is appropriated and available.

(b) Medical providers operating under this chapter shall be capable of performing: (A) A complete medical history; (B) An evaluation of a child or an adolescent for evidence of sexual abuse or sexual assault including photo documentation of examination findings for recognition of genital and anal findings that are clearly normal or normal variants and common patterns of healed injuries; (C) Collection of forensic evidence; (D) Evaluation for sexually transmitted diseases, pregnancy, and other related sexual abuse and assault; (E) Performance of tests and treatment as appropriate; and (F) Testimony in court as to the findings.

(A) A complete medical history;

(B) An evaluation of a child or an adolescent for evidence of sexual abuse or sexual assault including photo documentation of examination findings for recognition of genital and anal findings that are clearly normal or normal variants and common patterns of healed injuries;

(C) Collection of forensic evidence;

(D) Evaluation for sexually transmitted diseases, pregnancy, and other related sexual abuse and assault;

(E) Performance of tests and treatment as appropriate; and

(F) Testimony in court as to the findings.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-3-108 — AR Code / Title 9 / Chapter 3 / Section 9-3-108
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 1, eff. 8/16/2013 Acts 1941, No. 355, § 8; A.S.A. 1947, § 34-1308

Repealed by Act 2013, No. 1152,§ 1, eff. 8/16/2013

Acts 1941, No. 355, § 8; A.S.A. 1947, § 34-1308
Ark. Code Ann. § 9-5-109 — AR Code / Title 9 / Chapter 5 / Section 9-5-109
Eligibility for contracts
Status: in_force

(a) A public entity or a nonprofit entity is eligible for a contract under § 9-5-107 if the entity: (1) Has a signed memorandum of understanding as provided by § 9-5-110 ; (2) Operates under the authority of a governing board; (3) Participates on a multidisciplinary team of persons involved in the investigation or prosecution of child abuse cases; (4) Has developed a method of statistical information gathering on children receiving services through the child safety center and shares the statistical information with the statewide organization, the Department of Human Services, and the Attorney General upon request; (5) Has a volunteer program; (6) Employs an executive director who is answerable to the board of directors of the public or nonprofit entity and who is not the exclusive salaried employee of any public agency partner; (7) Provides for ongoing training for child safety center staff to provide best practices in forensic interviewing and medical and mental examinations to children who are examined at child safety centers; and (8) Operates under a working protocol that includes, at a minimum, a statement of: (A) The child safety center's mission; (B) Each agency's role and commitment to the child safety center; (C) The type of cases to be handled by the child safety center; (D) The child safety center's procedures for conducting case reviews and forensic interviews and for ensuring access to specialized medical services and mental health services; and (E) The child safety center's policies regarding confidentiality and conflict resolution. (b) (1) The Children's Advocacy Centers of Arkansas may waive the requirements specified in subsection (a) of this section if the Children's Advocacy Centers of Arkansas determines that the waiver will not adversely affect the child safety center's ability to carry out its duties under this chapter. (2) Any waiver that is granted under subdivision (b)(1) of this section shall be identified in the written contract with the child safety center. (c) Funds shall be withheld from an established child safety center that no longer meets the standards for funding. Amended by Act 2021, No. 975,§ 6, eff. 7/28/2021. Acts 2007, No. 703, § 5

(a) A public entity or a nonprofit entity is eligible for a contract under § 9-5-107 if the entity: (1) Has a signed memorandum of understanding as provided by § 9-5-110 ; (2) Operates under the authority of a governing board; (3) Participates on a multidisciplinary team of persons involved in the investigation or prosecution of child abuse cases; (4) Has developed a method of statistical information gathering on children receiving services through the child safety center and shares the statistical information with the statewide organization, the Department of Human Services, and the Attorney General upon request; (5) Has a volunteer program; (6) Employs an executive director who is answerable to the board of directors of the public or nonprofit entity and who is not the exclusive salaried employee of any public agency partner; (7) Provides for ongoing training for child safety center staff to provide best practices in forensic interviewing and medical and mental examinations to children who are examined at child safety centers; and (8) Operates under a working protocol that includes, at a minimum, a statement of: (A) The child safety center's mission; (B) Each agency's role and commitment to the child safety center; (C) The type of cases to be handled by the child safety center; (D) The child safety center's procedures for conducting case reviews and forensic interviews and for ensuring access to specialized medical services and mental health services; and (E) The child safety center's policies regarding confidentiality and conflict resolution.

(1) Has a signed memorandum of understanding as provided by § 9-5-110 ;

(2) Operates under the authority of a governing board;

(3) Participates on a multidisciplinary team of persons involved in the investigation or prosecution of child abuse cases;

(4) Has developed a method of statistical information gathering on children receiving services through the child safety center and shares the statistical information with the statewide organization, the Department of Human Services, and the Attorney General upon request;

(5) Has a volunteer program;

(6) Employs an executive director who is answerable to the board of directors of the public or nonprofit entity and who is not the exclusive salaried employee of any public agency partner;

(7) Provides for ongoing training for child safety center staff to provide best practices in forensic interviewing and medical and mental examinations to children who are examined at child safety centers; and

(8) Operates under a working protocol that includes, at a minimum, a statement of: (A) The child safety center's mission; (B) Each agency's role and commitment to the child safety center; (C) The type of cases to be handled by the child safety center; (D) The child safety center's procedures for conducting case reviews and forensic interviews and for ensuring access to specialized medical services and mental health services; and (E) The child safety center's policies regarding confidentiality and conflict resolution.

(A) The child safety center's mission;

(B) Each agency's role and commitment to the child safety center;

(C) The type of cases to be handled by the child safety center;

(D) The child safety center's procedures for conducting case reviews and forensic interviews and for ensuring access to specialized medical services and mental health services; and

(E) The child safety center's policies regarding confidentiality and conflict resolution.

(b) (1) The Children's Advocacy Centers of Arkansas may waive the requirements specified in subsection (a) of this section if the Children's Advocacy Centers of Arkansas determines that the waiver will not adversely affect the child safety center's ability to carry out its duties under this chapter. (2) Any waiver that is granted under subdivision (b)(1) of this section shall be identified in the written contract with the child safety center.

(1) The Children's Advocacy Centers of Arkansas may waive the requirements specified in subsection (a) of this section if the Children's Advocacy Centers of Arkansas determines that the waiver will not adversely affect the child safety center's ability to carry out its duties under this chapter.

(2) Any waiver that is granted under subdivision (b)(1) of this section shall be identified in the written contract with the child safety center.

(c) Funds shall be withheld from an established child safety center that no longer meets the standards for funding.

Amended by Act 2021, No. 975,§ 6, eff. 7/28/2021.

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-26-221 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-221
Applicability
Status: in_force

This subchapter shall apply to a transfer within the scope of § 9-26-202 made after March 21, 1985, if: (1) the transfer purports to have been made under the Arkansas Uniform Gifts to Minors Act [repealed]; or (2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Arkansas Uniform Gifts to Minors Act [repealed]" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this subchapter is necessary to validate the transfer. Acts 1985, No. 476, § 21; A.S.A. 1947, § 50-954

This subchapter shall apply to a transfer within the scope of § 9-26-202 made after March 21, 1985, if:

(1) the transfer purports to have been made under the Arkansas Uniform Gifts to Minors Act [repealed]; or

(2) the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Arkansas Uniform Gifts to Minors Act [repealed]" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this subchapter is necessary to validate the transfer.

Acts 1985, No. 476, § 21; A.S.A. 1947, § 50-954
Ark. Code Ann. § 9-28-602 — AR Code / Title 9 / Chapter 28 / Subchapter 6 / Section 9-28-602
Definitions
Status: in_force

As used in this subchapter: (1) "Division" means the Division of Youth Services; (2) "Independent living programs" means residential and nonresidential services provided to youths that may include, but not be limited to: (A) Intensive case management; (B) Adult supervision; (C) Transportation; (D) Vocational and educational assistance; and (E) Counseling, including substance abuse counseling; and (3) "Therapeutic group homes" means small family-like group living facilities that include supportive services to remedy social and behavioral problems of the youths served. Acts 1995, No. 1113, § 2

As used in this subchapter:

(1) "Division" means the Division of Youth Services;

(2) "Independent living programs" means residential and nonresidential services provided to youths that may include, but not be limited to: (A) Intensive case management; (B) Adult supervision; (C) Transportation; (D) Vocational and educational assistance; and (E) Counseling, including substance abuse counseling; and

(A) Intensive case management;

(B) Adult supervision;

(C) Transportation;

(D) Vocational and educational assistance; and

(E) Counseling, including substance abuse counseling; and

(3) "Therapeutic group homes" means small family-like group living facilities that include supportive services to remedy social and behavioral problems of the youths served.

Acts 1995, No. 1113, § 2
Ark. Code Ann. § 9-9-508 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-508
Rules
Status: in_force

The Department of Human Services shall issue such rules as are necessary for implementing this subchapter. Amended by Act 2019, No. 315,§ 711, eff. 7/24/2019. Acts 1985, No. 957, § 5; A.S.A. 1947, § 56-142; Acts 1987, No. 1060, § 3

The Department of Human Services shall issue such rules as are necessary for implementing this subchapter.

Amended by Act 2019, No. 315,§ 711, eff. 7/24/2019.

Acts 1985, No. 957, § 5; A.S.A. 1947, § 56-142; Acts 1987, No. 1060, § 3
Ark. Code Ann. § 9-10-105 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-105
Trial by court
Status: in_force

When the case is ready for trial, if the accused denies being the father of the child, the circuit court shall hear the evidence and decide the case. Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 776; Pope's Dig., § 932; Acts 1955, No. 374, § 2; A.S.A. 1947, § 34-705; Acts 2003, No. 1185, § 12

When the case is ready for trial, if the accused denies being the father of the child, the circuit court shall hear the evidence and decide the case.

Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 776; Pope's Dig., § 932; Acts 1955, No. 374, § 2; A.S.A. 1947, § 34-705; Acts 2003, No. 1185, § 12
Ark. Code Ann. § 9-30-102 — AR Code / Title 9 / Chapter 30 / Section 9-30-102
[Repealed]
Status: repealed

Repealed by Act 2017, No. 897,§ 4, eff. 7/1/2017 Acts 1987, No. 397, § 2; 2003, No. 1224, § 1

Repealed by Act 2017, No. 897,§ 4, eff. 7/1/2017

Acts 1987, No. 397, § 2; 2003, No. 1224, § 1
Ark. Code Ann. § 9-5-115 — AR Code / Title 9 / Chapter 5 / Section 9-5-115
Immunity from civil liability
Status: in_force

The Arkansas Child Abuse/Rape/Domestic Violence Commission and its employees in their official capacities shall be immune from civil liability for performing their duties under this chapter. Acts 2007, No. 703, §§ 5, 18

The Arkansas Child Abuse/Rape/Domestic Violence Commission and its employees in their official capacities shall be immune from civil liability for performing their duties under this chapter.

Acts 2007, No. 703, §§ 5, 18
Ark. Code Ann. § 9-14-227 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-227
Income withholding - Administrative costs - Applicability to unemployment compensation and workers' compensation
Status: in_force

(a) A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to the court-ordered income withholding amount for the administrative cost incurred in each withholding. (b) The income withholding provisions of this subchapter shall apply to unemployment compensation benefits to the extent allowed by §§ 11-10-109 and 11-10-110 . (c) The income withholding provisions of this subchapter shall apply to workers' compensation benefits to the extent allowed by § 11-9-110 . Acts 1985, No. 989, § 12; A.S.A. 1947, § 34-1230; Acts 1987, No. 524, § 1; 1995, No. 1184, § 25

(a) A payor may withhold up to two dollars and fifty cents ($2.50) per pay period in addition to the court-ordered income withholding amount for the administrative cost incurred in each withholding.

(b) The income withholding provisions of this subchapter shall apply to unemployment compensation benefits to the extent allowed by §§ 11-10-109 and 11-10-110 .

(c) The income withholding provisions of this subchapter shall apply to workers' compensation benefits to the extent allowed by § 11-9-110 .

Acts 1985, No. 989, § 12; A.S.A. 1947, § 34-1230; Acts 1987, No. 524, § 1; 1995, No. 1184, § 25
Ark. Code Ann. § 9-19-111 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-111
Taking testimony in another state
Status: in_force

(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. Acts 1999, No. 668, § 111

(a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.

(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

Acts 1999, No. 668, § 111
Ark. Code Ann. § 9-12-316 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-316
Property settlements
Status: in_force

In any divorce suit in which a written property settlement involving real property is entered into by the parties and reference is made to the settlement in the divorce decree, a copy of that portion of the property settlement involving real property shall be filed and recorded with the divorce decree. Acts 1969, No. 398, § 2; A.S.A. 1947, § 34-1214.1

In any divorce suit in which a written property settlement involving real property is entered into by the parties and reference is made to the settlement in the divorce decree, a copy of that portion of the property settlement involving real property shall be filed and recorded with the divorce decree.

Acts 1969, No. 398, § 2; A.S.A. 1947, § 34-1214.1
Ark. Code Ann. § 9-15-102 — AR Code / Title 9 / Chapter 15 / Subchapter 1 / Section 9-15-102
Title
Status: in_force

This chapter shall be known and may be cited as the "Domestic Abuse Act of 1991". Acts 1991, No. 266, § 11

This chapter shall be known and may be cited as the "Domestic Abuse Act of 1991".

Acts 1991, No. 266, § 11
Ark. Code Ann. § 9-27-102 — AR Code / Title 9 / Chapter 27 / Subchapter 1 / Section 9-27-102
Best interest of child
Status: in_force

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. The best interest of the child shall be the standard for juvenile court determinations 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 1995, No. 1337, § 1; 2011, No. 591, § 4

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. The best interest of the child shall be the standard for juvenile court determinations 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 1995, No. 1337, § 1; 2011, No. 591, § 4
Ark. Code Ann. § 9-33-302 — AR Code / Title 9 / Chapter 33 / Subchapter 3 / Section 9-33-302
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 10, eff. 8/16/2013 Acts 1999, No. 1513, § 2

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

Acts 1999, No. 1513, § 2
Ark. Code Ann. § 9-13-401 — AR Code / Title 9 / Chapter 13 / Subchapter 4 / Section 9-13-401
Title
Status: in_force

This subchapter shall be known as the "International Child Abduction Prevention Act". Acts 2005, No. 170, § 1

This subchapter shall be known as the "International Child Abduction Prevention Act".

Acts 2005, No. 170, § 1