Ark. Code Ann. § 9-14-234 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-234
Arrearages - Redirection of child support - Finality of judgment - Definition
Status: in_force

(a) As used in this section, "physical custodian" means a natural or adoptive parent, a guardian, or a person or agency who has or is anticipated to have custody of a child or children for more than eight (8) consecutive weeks, other than court-ordered visitation, during which there is an obligation to pay support for the child or children. (b) Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or the Arkansas Child Support Clearinghouse shall be final judgment subject to writ of garnishment or execution as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order. (c) (1) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion. (2) However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent. (d) (1) In cases brought pursuant to Title IV-D of the Social Security Act, a change in the physical custodian of a child or children, other than a party to the child support order, shall require written notice to the clerk of the court to redirect the child support to the present physical custodian when that physical custodian has or is anticipated to have custody of the child or children for more than eight (8) consecutive weeks, other than court-ordered visitation, during which there is an obligation to pay child support. (2) Any custodial parent who leaves a child in the physical custody of a third party for more than eight (8) consecutive weeks shall be presumed to have notice of the redirection of child support payments. (e) (1) Notice to the clerk of the court shall: (A) Be in writing; and (B) Contain the following: (i) The style of the case and the court docket number; (ii) The names and addresses of each parent, guardian, or other caretaker; (iii) The name of each child for whom child support is owed; (iv) The name and address of the physical custodian along with a statement from the custodial parent or physical custodian that states that the child has resided or is anticipated to reside with the physical custodian for more than eight (8) consecutive weeks other than court-ordered visitation; (v) A statement that a parent, guardian, or other caretaker is required to file written objections within ten (10) days of the date on which he or she receives notice; and (vi) An affidavit attesting that a copy of the notice required under subdivision (d)(1) of this section has been provided by personal service or by certified mail, restricted delivery, return receipt requested to each parent, guardian, or other caretaker, and to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (2) Notification is sufficient under this section if the notice is mailed to each parent, guardian, or other caretaker at: (A) The last known address provided to the court by the parent, guardian, or other caretaker; or (B) An address that is verified by the physical custodian or custodial parent. (f) If no objection to the redirection of child support is filed with the clerk of the court within ten (10) days, the clerk or the Office of Child Support Enforcement clearinghouse shall redirect current child support payments to the physical custodian and so note the redirection on the payment records of the case. (g) If an objection to redirection of child support is filed with the clerk of the court, the custodial parent, physical custodian, or the Office of Child Support Enforcement may petition the court for an order to redirect child support payments to the physical custodian. (h) All current child support payments shall: (1) Follow the child or children; and (2) Be payable to: (A) The physical custodian; or (B) A judicially appointed conservator or guardian who has a legal and fiduciary duty to the custodial parent or child. (i) (1) The amount of accrued arrearages or overdue support to which a physical custodian is entitled shall be prorated and payable to the physical custodian for the period of actual custody of any child or children for whom support is owed. (2) If there has been more than one (1) physical custodian, each shall be entitled to receive accrued arrearages or overdue support for the period of their custody of any child or children for whom support is owed, unless the court, for good cause shown and in the best interests of the child or children, shall find otherwise. (j) Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section. Amended by Act 2019, No. 904,§ 8, eff. 1/1/2020. Amended by Act 2019, No. 904,§ 7, eff. 1/1/2020. Acts 1989, No. 383, § 2; 1995, No. 1180, § 1; 1995, No. 1184, § 24; 1997, No. 1296, § 31

(a) As used in this section, "physical custodian" means a natural or adoptive parent, a guardian, or a person or agency who has or is anticipated to have custody of a child or children for more than eight (8) consecutive weeks, other than court-ordered visitation, during which there is an obligation to pay support for the child or children.

(b) Any decree, judgment, or order that contains a provision for the payment of money for the support and care of any child or children through the registry of the court or the Arkansas Child Support Clearinghouse shall be final judgment subject to writ of garnishment or execution as to any installment or payment of money that has accrued until the time either party moves through proper motion filed with the court and served on the other party to set aside, alter, or modify the decree, judgment, or order.

(c) (1) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion. (2) However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent.

(1) The court may not set aside, alter, or modify any decree, judgment, or order that has accrued unpaid support prior to the filing of the motion.

(2) However, the court may offset against future support to be paid those amounts accruing during time periods other than reasonable visitation in which the noncustodial parent had physical custody of the child with the knowledge and consent of the custodial parent.

(d) (1) In cases brought pursuant to Title IV-D of the Social Security Act, a change in the physical custodian of a child or children, other than a party to the child support order, shall require written notice to the clerk of the court to redirect the child support to the present physical custodian when that physical custodian has or is anticipated to have custody of the child or children for more than eight (8) consecutive weeks, other than court-ordered visitation, during which there is an obligation to pay child support. (2) Any custodial parent who leaves a child in the physical custody of a third party for more than eight (8) consecutive weeks shall be presumed to have notice of the redirection of child support payments.

(1) In cases brought pursuant to Title IV-D of the Social Security Act, a change in the physical custodian of a child or children, other than a party to the child support order, shall require written notice to the clerk of the court to redirect the child support to the present physical custodian when that physical custodian has or is anticipated to have custody of the child or children for more than eight (8) consecutive weeks, other than court-ordered visitation, during which there is an obligation to pay child support.

(2) Any custodial parent who leaves a child in the physical custody of a third party for more than eight (8) consecutive weeks shall be presumed to have notice of the redirection of child support payments.

(e) (1) Notice to the clerk of the court shall: (A) Be in writing; and (B) Contain the following: (i) The style of the case and the court docket number; (ii) The names and addresses of each parent, guardian, or other caretaker; (iii) The name of each child for whom child support is owed; (iv) The name and address of the physical custodian along with a statement from the custodial parent or physical custodian that states that the child has resided or is anticipated to reside with the physical custodian for more than eight (8) consecutive weeks other than court-ordered visitation; (v) A statement that a parent, guardian, or other caretaker is required to file written objections within ten (10) days of the date on which he or she receives notice; and (vi) An affidavit attesting that a copy of the notice required under subdivision (d)(1) of this section has been provided by personal service or by certified mail, restricted delivery, return receipt requested to each parent, guardian, or other caretaker, and to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. (2) Notification is sufficient under this section if the notice is mailed to each parent, guardian, or other caretaker at: (A) The last known address provided to the court by the parent, guardian, or other caretaker; or (B) An address that is verified by the physical custodian or custodial parent.

(1) Notice to the clerk of the court shall: (A) Be in writing; and (B) Contain the following: (i) The style of the case and the court docket number; (ii) The names and addresses of each parent, guardian, or other caretaker; (iii) The name of each child for whom child support is owed; (iv) The name and address of the physical custodian along with a statement from the custodial parent or physical custodian that states that the child has resided or is anticipated to reside with the physical custodian for more than eight (8) consecutive weeks other than court-ordered visitation; (v) A statement that a parent, guardian, or other caretaker is required to file written objections within ten (10) days of the date on which he or she receives notice; and (vi) An affidavit attesting that a copy of the notice required under subdivision (d)(1) of this section has been provided by personal service or by certified mail, restricted delivery, return receipt requested to each parent, guardian, or other caretaker, and to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(A) Be in writing; and

(B) Contain the following: (i) The style of the case and the court docket number; (ii) The names and addresses of each parent, guardian, or other caretaker; (iii) The name of each child for whom child support is owed; (iv) The name and address of the physical custodian along with a statement from the custodial parent or physical custodian that states that the child has resided or is anticipated to reside with the physical custodian for more than eight (8) consecutive weeks other than court-ordered visitation; (v) A statement that a parent, guardian, or other caretaker is required to file written objections within ten (10) days of the date on which he or she receives notice; and (vi) An affidavit attesting that a copy of the notice required under subdivision (d)(1) of this section has been provided by personal service or by certified mail, restricted delivery, return receipt requested to each parent, guardian, or other caretaker, and to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(i) The style of the case and the court docket number;

(ii) The names and addresses of each parent, guardian, or other caretaker;

(iii) The name of each child for whom child support is owed;

(iv) The name and address of the physical custodian along with a statement from the custodial parent or physical custodian that states that the child has resided or is anticipated to reside with the physical custodian for more than eight (8) consecutive weeks other than court-ordered visitation;

(v) A statement that a parent, guardian, or other caretaker is required to file written objections within ten (10) days of the date on which he or she receives notice; and

(vi) An affidavit attesting that a copy of the notice required under subdivision (d)(1) of this section has been provided by personal service or by certified mail, restricted delivery, return receipt requested to each parent, guardian, or other caretaker, and to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(2) Notification is sufficient under this section if the notice is mailed to each parent, guardian, or other caretaker at: (A) The last known address provided to the court by the parent, guardian, or other caretaker; or (B) An address that is verified by the physical custodian or custodial parent.

(A) The last known address provided to the court by the parent, guardian, or other caretaker; or

(B) An address that is verified by the physical custodian or custodial parent.

(f) If no objection to the redirection of child support is filed with the clerk of the court within ten (10) days, the clerk or the Office of Child Support Enforcement clearinghouse shall redirect current child support payments to the physical custodian and so note the redirection on the payment records of the case.

(g) If an objection to redirection of child support is filed with the clerk of the court, the custodial parent, physical custodian, or the Office of Child Support Enforcement may petition the court for an order to redirect child support payments to the physical custodian.

(h) All current child support payments shall: (1) Follow the child or children; and (2) Be payable to: (A) The physical custodian; or (B) A judicially appointed conservator or guardian who has a legal and fiduciary duty to the custodial parent or child.

(1) Follow the child or children; and

(2) Be payable to: (A) The physical custodian; or (B) A judicially appointed conservator or guardian who has a legal and fiduciary duty to the custodial parent or child.

(A) The physical custodian; or

(B) A judicially appointed conservator or guardian who has a legal and fiduciary duty to the custodial parent or child.

(i) (1) The amount of accrued arrearages or overdue support to which a physical custodian is entitled shall be prorated and payable to the physical custodian for the period of actual custody of any child or children for whom support is owed. (2) If there has been more than one (1) physical custodian, each shall be entitled to receive accrued arrearages or overdue support for the period of their custody of any child or children for whom support is owed, unless the court, for good cause shown and in the best interests of the child or children, shall find otherwise.

(1) The amount of accrued arrearages or overdue support to which a physical custodian is entitled shall be prorated and payable to the physical custodian for the period of actual custody of any child or children for whom support is owed.

(2) If there has been more than one (1) physical custodian, each shall be entitled to receive accrued arrearages or overdue support for the period of their custody of any child or children for whom support is owed, unless the court, for good cause shown and in the best interests of the child or children, shall find otherwise.

(j) Nothing in this section shall be construed to limit the jurisdiction of the court to proceed to enforce a decree, judgment, or order for the support of a minor child or children through contempt proceedings when the arrearage is reduced to judgment under subsection (b) of this section.

Amended by Act 2019, No. 904,§ 8, eff. 1/1/2020.

Amended by Act 2019, No. 904,§ 7, eff. 1/1/2020.

Acts 1989, No. 383, § 2; 1995, No. 1180, § 1; 1995, No. 1184, § 24; 1997, No. 1296, § 31
Ark. Code Ann. § 9-4-112 — AR Code / Title 9 / Chapter 4 / Section 9-4-112
Immunity from civil liability
Status: in_force

The Arkansas Child Abuse/Rape/Domestic Violence Commission, its employees, and its designees shall be immune from civil liability for performing their duties under this chapter. Acts 2003, No. 1276, § 1

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

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-13-101 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-101
Award of custody - Definition
Status: in_force

(a) (1) (A) (i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child. (ii) In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and mental capacity to reason, regardless of chronological age. (iii) In an action for divorce, an award of joint custody is favored in Arkansas. (iv) (a) In an action concerning an original child custody determination in a divorce or paternity matter, there is a rebuttable presumption that joint custody is in the best interest of the child. (b) The presumption that joint custody is in the best interest of the child may be rebutted: (1) If the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; (2) If the parties have reached an agreement on all issues related to custody of the child; (3) If one (1) of the parties does not request sole, primary, or joint custody; or (4) If a rebuttable presumption described in subsection (c) or subsection (d) of this section is established by the evidence. (c) The circuit court may enter an order to reduce areas of conflict in a manner determined appropriate by the court. (B) When a court order holds that it is in the best interest of a child to award custody to a grandparent, the award of custody shall be made without regard to the sex of the grandparent. (2) (A) Upon petition by a grandparent who meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section, a circuit court shall grant the grandparent a right to intervene pursuant to Rule 24(a) of the Arkansas Rules of Civil Procedure. (B) (i) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or younger when: (a) The grandchild resided with the grandparent for at least six (6) continuous months prior to the grandchild's first birthday; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (ii) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or older when: (a) The grandchild resided with this grandparent for at least one (1) continuous year regardless of age; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (iii) Notice to a grandparent shall be given by the moving party. (3) For purposes of this section, "grandparent" does not mean a parent of a putative father of a child. (4) (A) The party that initiates a child custody proceeding shall notify the circuit court of the name and address of any grandparent who is entitled to notice under the provisions of subdivision (a)(2) of this section. (B) The notice shall be in accordance with § 16-55-114 . (5) As used in this section, "joint custody" means the approximate and reasonable equal division of time with the child by both parents individually as agreed to by the parents or as ordered by the court. (b) (1) (A) (i) When in the best interest of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents consistent with subdivision (a)(1)(A) of this section. (ii) To this effect, the circuit court shall consider awarding joint custody of a child to the parents in making an order for custody. (iii) If, at any time, the circuit court finds by a preponderance of the evidence that one (1) parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending joint-custody arrangement and the circuit court is unable to enter an order that will reduce areas of conflict caused by the disruptive parent, the circuit court may deem such behavior as a material change of circumstances and may change a joint custody order to an order of primary custody to the nondisruptive parent. (iv) If a modification of a child custody decree is based on the active duty status of a parent as a member of the United States Armed Forces deployed outside of the United States or the federal active duty status of a parent as a member of a state National Guard or reserve component: (a) Any modification of the child custody decree shall: (1) Be temporary; and (2) Revert back to the previous child custody decree at the end of the deployment or federal active duty unless both parties consent to a modification that continues after the deployment or federal active duty; and (b) The deployment or federal active duty status shall be considered the equivalent of daily parental presence and parental involvement with the child. (v) Child support under a joint custody order is issued at the discretion of the court and shall: (a) Be consistent with Supreme Court Administrative Order No. 10 - Child Support Guidelines; or (b) Deviate from Supreme Court Administrative Order No. 10 - Child Support Guidelines as permitted by the rule. (vi) A court shall consider the best interest of the child when making a child custody determination. (vii) (a) A parent who is not granted sole, primary, or joint custody of his or her child is entitled to reasonable parenting time with the child unless the court finds after a hearing that parenting time between the parent and the child would seriously endanger the physical, mental, or emotional health of the child. (b) At the request of a party, a court shall issue a written order that: (1) Is specific as to the frequency, timing, duration, condition, and method of scheduling parenting time with a parent who is not granted sole, primary, or joint custody of his or her child; and (2) Takes into consideration the developmental age of the child. (B) If a grandparent meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section and is a party to the proceedings, the circuit court may consider the continuing contact between the child and a grandparent who is a party, and the circuit court may consider orders to assure the continuing contact between the grandparent and the child. (2) To this effect, in making an order for custody, the court may consider, among other facts, which party is more likely to allow the child or children frequent and continuing contact with the noncustodial parent and the noncustodial grandparent who meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section. (3) After a hearing on the merits of a child custody action, if a court determines that the presumption in subdivision (a)(1)(A)(iv) (a) of this section is rebutted, the court shall enter a written order that includes the following: (A) Facts, findings, and conclusions of law concerning the basis for the court's determination; and (B) A parenting time schedule that: (i) Maximizes the amount of time that each parent has with the child; and (ii) Is consistent with the best interest of the child. (c) (1) If a party to an action concerning custody of or a right to visitation with a child has committed an act of domestic violence against the party making the allegation or a family or household member of either party and such allegations are proven by a preponderance of the evidence, the circuit court must consider the effect of such domestic violence upon the best interests of the child, whether or not the child was physically injured or personally witnessed the abuse, together with such facts and circumstances as the circuit court deems relevant in making a directive pursuant to this section. (2) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse. (d) (1) If a party to an action concerning custody of or a right to visitation with a child is a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., the circuit court may not award custody or unsupervised visitation of the child to the sex offender unless the circuit court makes a specific finding that the sex offender poses no danger to the child. (2) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the care or custody of a sex offender or to have unsupervised visitation with a sex offender. (3) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the home of a sex offender or to have unsupervised visitation in a home in which a sex offender resides. (e) (1) The Director of the Administrative Office of the Courts is authorized to establish an attorney ad litem program to represent children in circuit court cases in which custody is an issue. (2) When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child. (3) (A) The Supreme Court, with the advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in custody cases. (B) (i) In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications. (ii) The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications. (4) When attorneys are appointed pursuant to subdivision (e)(2) of this section, the fees for services and reimbursable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts. (5) (A) When a circuit judge orders the payment of funds for the fees and expenses authorized by this section, the circuit judge shall transmit a copy of the order to the office, which is authorized to pay the funds. (B) The circuit court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay. (6) The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid pursuant to this section. (7) In order to ensure that each judicial district will have an appropriate amount of funds to utilize for ad litem representation in custody cases, the funds appropriated shall be apportioned based upon a formula developed by the office and approved by the Arkansas Judicial Council, Inc. and the Administrative Rules Subcommittee of the Legislative Council. (8) (A) The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case. (B) Statistics shall include the ages of children served, whether the custody issue arises at a divorce or post-divorce stage, whether psychological services were ordered, and any other relevant information. Amended by Act 2021, No. 604,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 604,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 604,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 604,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 713, eff. 7/24/2019. Amended by Act 2019, No. 906,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1156,§ 3, eff. 8/16/2013 Amended by Act 2013, No. 1156,§ 2, eff. 8/16/2013 Amended by Act 2013, No. 1156,§ 1, eff. 8/16/2013 Acts 1979, No. 278, § 1; A.S.A. 1947, § 34-2726; Acts 1997, No. 905, § 1; 1997, No. 1328 § 1; 1999, No. 708, § 2; 2001, No. 1235, § 1; 2001, No. 1497, § 1; 2003, No. 92, § 1; 2005, No. 80, § 1; 2007, No. 56, § 1; 2011, No. 344, § 2

(a) (1) (A) (i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child. (ii) In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and mental capacity to reason, regardless of chronological age. (iii) In an action for divorce, an award of joint custody is favored in Arkansas. (iv) (a) In an action concerning an original child custody determination in a divorce or paternity matter, there is a rebuttable presumption that joint custody is in the best interest of the child. (b) The presumption that joint custody is in the best interest of the child may be rebutted: (1) If the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; (2) If the parties have reached an agreement on all issues related to custody of the child; (3) If one (1) of the parties does not request sole, primary, or joint custody; or (4) If a rebuttable presumption described in subsection (c) or subsection (d) of this section is established by the evidence. (c) The circuit court may enter an order to reduce areas of conflict in a manner determined appropriate by the court. (B) When a court order holds that it is in the best interest of a child to award custody to a grandparent, the award of custody shall be made without regard to the sex of the grandparent. (2) (A) Upon petition by a grandparent who meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section, a circuit court shall grant the grandparent a right to intervene pursuant to Rule 24(a) of the Arkansas Rules of Civil Procedure. (B) (i) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or younger when: (a) The grandchild resided with the grandparent for at least six (6) continuous months prior to the grandchild's first birthday; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (ii) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or older when: (a) The grandchild resided with this grandparent for at least one (1) continuous year regardless of age; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (iii) Notice to a grandparent shall be given by the moving party. (3) For purposes of this section, "grandparent" does not mean a parent of a putative father of a child. (4) (A) The party that initiates a child custody proceeding shall notify the circuit court of the name and address of any grandparent who is entitled to notice under the provisions of subdivision (a)(2) of this section. (B) The notice shall be in accordance with § 16-55-114 . (5) As used in this section, "joint custody" means the approximate and reasonable equal division of time with the child by both parents individually as agreed to by the parents or as ordered by the court.

(1) (A) (i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child. (ii) In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and mental capacity to reason, regardless of chronological age. (iii) In an action for divorce, an award of joint custody is favored in Arkansas. (iv) (a) In an action concerning an original child custody determination in a divorce or paternity matter, there is a rebuttable presumption that joint custody is in the best interest of the child. (b) The presumption that joint custody is in the best interest of the child may be rebutted: (1) If the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; (2) If the parties have reached an agreement on all issues related to custody of the child; (3) If one (1) of the parties does not request sole, primary, or joint custody; or (4) If a rebuttable presumption described in subsection (c) or subsection (d) of this section is established by the evidence. (c) The circuit court may enter an order to reduce areas of conflict in a manner determined appropriate by the court. (B) When a court order holds that it is in the best interest of a child to award custody to a grandparent, the award of custody shall be made without regard to the sex of the grandparent.

(A) (i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child. (ii) In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and mental capacity to reason, regardless of chronological age. (iii) In an action for divorce, an award of joint custody is favored in Arkansas. (iv) (a) In an action concerning an original child custody determination in a divorce or paternity matter, there is a rebuttable presumption that joint custody is in the best interest of the child. (b) The presumption that joint custody is in the best interest of the child may be rebutted: (1) If the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; (2) If the parties have reached an agreement on all issues related to custody of the child; (3) If one (1) of the parties does not request sole, primary, or joint custody; or (4) If a rebuttable presumption described in subsection (c) or subsection (d) of this section is established by the evidence. (c) The circuit court may enter an order to reduce areas of conflict in a manner determined appropriate by the court.

(i) In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.

(ii) In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and mental capacity to reason, regardless of chronological age.

(iii) In an action for divorce, an award of joint custody is favored in Arkansas.

(iv) (a) In an action concerning an original child custody determination in a divorce or paternity matter, there is a rebuttable presumption that joint custody is in the best interest of the child. (b) The presumption that joint custody is in the best interest of the child may be rebutted: (1) If the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; (2) If the parties have reached an agreement on all issues related to custody of the child; (3) If one (1) of the parties does not request sole, primary, or joint custody; or (4) If a rebuttable presumption described in subsection (c) or subsection (d) of this section is established by the evidence. (c) The circuit court may enter an order to reduce areas of conflict in a manner determined appropriate by the court.

(a) In an action concerning an original child custody determination in a divorce or paternity matter, there is a rebuttable presumption that joint custody is in the best interest of the child.

(b) The presumption that joint custody is in the best interest of the child may be rebutted: (1) If the court finds by clear and convincing evidence that joint custody is not in the best interest of the child; (2) If the parties have reached an agreement on all issues related to custody of the child; (3) If one (1) of the parties does not request sole, primary, or joint custody; or (4) If a rebuttable presumption described in subsection (c) or subsection (d) of this section is established by the evidence.

(1) If the court finds by clear and convincing evidence that joint custody is not in the best interest of the child;

(2) If the parties have reached an agreement on all issues related to custody of the child;

(3) If one (1) of the parties does not request sole, primary, or joint custody; or

(4) If a rebuttable presumption described in subsection (c) or subsection (d) of this section is established by the evidence.

(c) The circuit court may enter an order to reduce areas of conflict in a manner determined appropriate by the court.

(B) When a court order holds that it is in the best interest of a child to award custody to a grandparent, the award of custody shall be made without regard to the sex of the grandparent.

(2) (A) Upon petition by a grandparent who meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section, a circuit court shall grant the grandparent a right to intervene pursuant to Rule 24(a) of the Arkansas Rules of Civil Procedure. (B) (i) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or younger when: (a) The grandchild resided with the grandparent for at least six (6) continuous months prior to the grandchild's first birthday; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (ii) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or older when: (a) The grandchild resided with this grandparent for at least one (1) continuous year regardless of age; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (iii) Notice to a grandparent shall be given by the moving party.

(A) Upon petition by a grandparent who meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section, a circuit court shall grant the grandparent a right to intervene pursuant to Rule 24(a) of the Arkansas Rules of Civil Procedure.

(B) (i) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or younger when: (a) The grandchild resided with the grandparent for at least six (6) continuous months prior to the grandchild's first birthday; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (ii) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or older when: (a) The grandchild resided with this grandparent for at least one (1) continuous year regardless of age; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated. (iii) Notice to a grandparent shall be given by the moving party.

(i) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or younger when: (a) The grandchild resided with the grandparent for at least six (6) continuous months prior to the grandchild's first birthday; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.

(a) The grandchild resided with the grandparent for at least six (6) continuous months prior to the grandchild's first birthday;

(b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and

(c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.

(ii) A grandparent shall be entitled to notice and shall be granted an opportunity to be heard in any child custody proceeding involving a grandchild who is twelve (12) months of age or older when: (a) The grandchild resided with this grandparent for at least one (1) continuous year regardless of age; (b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and (c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.

(a) The grandchild resided with this grandparent for at least one (1) continuous year regardless of age;

(b) The grandparent was the primary caregiver for and financial supporter of the grandchild during the time the grandchild resided with the grandparent; and

(c) The continuous custody occurred within one (1) year of the date the child custody proceeding was initiated.

(iii) Notice to a grandparent shall be given by the moving party.

(3) For purposes of this section, "grandparent" does not mean a parent of a putative father of a child.

(4) (A) The party that initiates a child custody proceeding shall notify the circuit court of the name and address of any grandparent who is entitled to notice under the provisions of subdivision (a)(2) of this section. (B) The notice shall be in accordance with § 16-55-114 .

(A) The party that initiates a child custody proceeding shall notify the circuit court of the name and address of any grandparent who is entitled to notice under the provisions of subdivision (a)(2) of this section.

(B) The notice shall be in accordance with § 16-55-114 .

(5) As used in this section, "joint custody" means the approximate and reasonable equal division of time with the child by both parents individually as agreed to by the parents or as ordered by the court.

(b) (1) (A) (i) When in the best interest of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents consistent with subdivision (a)(1)(A) of this section. (ii) To this effect, the circuit court shall consider awarding joint custody of a child to the parents in making an order for custody. (iii) If, at any time, the circuit court finds by a preponderance of the evidence that one (1) parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending joint-custody arrangement and the circuit court is unable to enter an order that will reduce areas of conflict caused by the disruptive parent, the circuit court may deem such behavior as a material change of circumstances and may change a joint custody order to an order of primary custody to the nondisruptive parent. (iv) If a modification of a child custody decree is based on the active duty status of a parent as a member of the United States Armed Forces deployed outside of the United States or the federal active duty status of a parent as a member of a state National Guard or reserve component: (a) Any modification of the child custody decree shall: (1) Be temporary; and (2) Revert back to the previous child custody decree at the end of the deployment or federal active duty unless both parties consent to a modification that continues after the deployment or federal active duty; and (b) The deployment or federal active duty status shall be considered the equivalent of daily parental presence and parental involvement with the child. (v) Child support under a joint custody order is issued at the discretion of the court and shall: (a) Be consistent with Supreme Court Administrative Order No. 10 - Child Support Guidelines; or (b) Deviate from Supreme Court Administrative Order No. 10 - Child Support Guidelines as permitted by the rule. (vi) A court shall consider the best interest of the child when making a child custody determination. (vii) (a) A parent who is not granted sole, primary, or joint custody of his or her child is entitled to reasonable parenting time with the child unless the court finds after a hearing that parenting time between the parent and the child would seriously endanger the physical, mental, or emotional health of the child. (b) At the request of a party, a court shall issue a written order that: (1) Is specific as to the frequency, timing, duration, condition, and method of scheduling parenting time with a parent who is not granted sole, primary, or joint custody of his or her child; and (2) Takes into consideration the developmental age of the child. (B) If a grandparent meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section and is a party to the proceedings, the circuit court may consider the continuing contact between the child and a grandparent who is a party, and the circuit court may consider orders to assure the continuing contact between the grandparent and the child. (2) To this effect, in making an order for custody, the court may consider, among other facts, which party is more likely to allow the child or children frequent and continuing contact with the noncustodial parent and the noncustodial grandparent who meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section. (3) After a hearing on the merits of a child custody action, if a court determines that the presumption in subdivision (a)(1)(A)(iv) (a) of this section is rebutted, the court shall enter a written order that includes the following: (A) Facts, findings, and conclusions of law concerning the basis for the court's determination; and (B) A parenting time schedule that: (i) Maximizes the amount of time that each parent has with the child; and (ii) Is consistent with the best interest of the child.

(1) (A) (i) When in the best interest of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents consistent with subdivision (a)(1)(A) of this section. (ii) To this effect, the circuit court shall consider awarding joint custody of a child to the parents in making an order for custody. (iii) If, at any time, the circuit court finds by a preponderance of the evidence that one (1) parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending joint-custody arrangement and the circuit court is unable to enter an order that will reduce areas of conflict caused by the disruptive parent, the circuit court may deem such behavior as a material change of circumstances and may change a joint custody order to an order of primary custody to the nondisruptive parent. (iv) If a modification of a child custody decree is based on the active duty status of a parent as a member of the United States Armed Forces deployed outside of the United States or the federal active duty status of a parent as a member of a state National Guard or reserve component: (a) Any modification of the child custody decree shall: (1) Be temporary; and (2) Revert back to the previous child custody decree at the end of the deployment or federal active duty unless both parties consent to a modification that continues after the deployment or federal active duty; and (b) The deployment or federal active duty status shall be considered the equivalent of daily parental presence and parental involvement with the child. (v) Child support under a joint custody order is issued at the discretion of the court and shall: (a) Be consistent with Supreme Court Administrative Order No. 10 - Child Support Guidelines; or (b) Deviate from Supreme Court Administrative Order No. 10 - Child Support Guidelines as permitted by the rule. (vi) A court shall consider the best interest of the child when making a child custody determination. (vii) (a) A parent who is not granted sole, primary, or joint custody of his or her child is entitled to reasonable parenting time with the child unless the court finds after a hearing that parenting time between the parent and the child would seriously endanger the physical, mental, or emotional health of the child. (b) At the request of a party, a court shall issue a written order that: (1) Is specific as to the frequency, timing, duration, condition, and method of scheduling parenting time with a parent who is not granted sole, primary, or joint custody of his or her child; and (2) Takes into consideration the developmental age of the child. (B) If a grandparent meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section and is a party to the proceedings, the circuit court may consider the continuing contact between the child and a grandparent who is a party, and the circuit court may consider orders to assure the continuing contact between the grandparent and the child.

(A) (i) When in the best interest of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents consistent with subdivision (a)(1)(A) of this section. (ii) To this effect, the circuit court shall consider awarding joint custody of a child to the parents in making an order for custody. (iii) If, at any time, the circuit court finds by a preponderance of the evidence that one (1) parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending joint-custody arrangement and the circuit court is unable to enter an order that will reduce areas of conflict caused by the disruptive parent, the circuit court may deem such behavior as a material change of circumstances and may change a joint custody order to an order of primary custody to the nondisruptive parent. (iv) If a modification of a child custody decree is based on the active duty status of a parent as a member of the United States Armed Forces deployed outside of the United States or the federal active duty status of a parent as a member of a state National Guard or reserve component: (a) Any modification of the child custody decree shall: (1) Be temporary; and (2) Revert back to the previous child custody decree at the end of the deployment or federal active duty unless both parties consent to a modification that continues after the deployment or federal active duty; and (b) The deployment or federal active duty status shall be considered the equivalent of daily parental presence and parental involvement with the child. (v) Child support under a joint custody order is issued at the discretion of the court and shall: (a) Be consistent with Supreme Court Administrative Order No. 10 - Child Support Guidelines; or (b) Deviate from Supreme Court Administrative Order No. 10 - Child Support Guidelines as permitted by the rule. (vi) A court shall consider the best interest of the child when making a child custody determination. (vii) (a) A parent who is not granted sole, primary, or joint custody of his or her child is entitled to reasonable parenting time with the child unless the court finds after a hearing that parenting time between the parent and the child would seriously endanger the physical, mental, or emotional health of the child. (b) At the request of a party, a court shall issue a written order that: (1) Is specific as to the frequency, timing, duration, condition, and method of scheduling parenting time with a parent who is not granted sole, primary, or joint custody of his or her child; and (2) Takes into consideration the developmental age of the child.

(i) When in the best interest of a child, custody shall be awarded in such a way so as to assure the frequent and continuing contact of the child with both parents consistent with subdivision (a)(1)(A) of this section.

(ii) To this effect, the circuit court shall consider awarding joint custody of a child to the parents in making an order for custody.

(iii) If, at any time, the circuit court finds by a preponderance of the evidence that one (1) parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt a current or pending joint-custody arrangement and the circuit court is unable to enter an order that will reduce areas of conflict caused by the disruptive parent, the circuit court may deem such behavior as a material change of circumstances and may change a joint custody order to an order of primary custody to the nondisruptive parent.

(iv) If a modification of a child custody decree is based on the active duty status of a parent as a member of the United States Armed Forces deployed outside of the United States or the federal active duty status of a parent as a member of a state National Guard or reserve component: (a) Any modification of the child custody decree shall: (1) Be temporary; and (2) Revert back to the previous child custody decree at the end of the deployment or federal active duty unless both parties consent to a modification that continues after the deployment or federal active duty; and (b) The deployment or federal active duty status shall be considered the equivalent of daily parental presence and parental involvement with the child.

(a) Any modification of the child custody decree shall: (1) Be temporary; and (2) Revert back to the previous child custody decree at the end of the deployment or federal active duty unless both parties consent to a modification that continues after the deployment or federal active duty; and

(1) Be temporary; and

(2) Revert back to the previous child custody decree at the end of the deployment or federal active duty unless both parties consent to a modification that continues after the deployment or federal active duty; and

(b) The deployment or federal active duty status shall be considered the equivalent of daily parental presence and parental involvement with the child.

(v) Child support under a joint custody order is issued at the discretion of the court and shall: (a) Be consistent with Supreme Court Administrative Order No. 10 - Child Support Guidelines; or (b) Deviate from Supreme Court Administrative Order No. 10 - Child Support Guidelines as permitted by the rule.

(a) Be consistent with Supreme Court Administrative Order No. 10 - Child Support Guidelines; or

(b) Deviate from Supreme Court Administrative Order No. 10 - Child Support Guidelines as permitted by the rule.

(vi) A court shall consider the best interest of the child when making a child custody determination.

(vii) (a) A parent who is not granted sole, primary, or joint custody of his or her child is entitled to reasonable parenting time with the child unless the court finds after a hearing that parenting time between the parent and the child would seriously endanger the physical, mental, or emotional health of the child. (b) At the request of a party, a court shall issue a written order that: (1) Is specific as to the frequency, timing, duration, condition, and method of scheduling parenting time with a parent who is not granted sole, primary, or joint custody of his or her child; and (2) Takes into consideration the developmental age of the child.

(a) A parent who is not granted sole, primary, or joint custody of his or her child is entitled to reasonable parenting time with the child unless the court finds after a hearing that parenting time between the parent and the child would seriously endanger the physical, mental, or emotional health of the child.

(b) At the request of a party, a court shall issue a written order that: (1) Is specific as to the frequency, timing, duration, condition, and method of scheduling parenting time with a parent who is not granted sole, primary, or joint custody of his or her child; and (2) Takes into consideration the developmental age of the child.

(1) Is specific as to the frequency, timing, duration, condition, and method of scheduling parenting time with a parent who is not granted sole, primary, or joint custody of his or her child; and

(2) Takes into consideration the developmental age of the child.

(B) If a grandparent meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section and is a party to the proceedings, the circuit court may consider the continuing contact between the child and a grandparent who is a party, and the circuit court may consider orders to assure the continuing contact between the grandparent and the child.

(2) To this effect, in making an order for custody, the court may consider, among other facts, which party is more likely to allow the child or children frequent and continuing contact with the noncustodial parent and the noncustodial grandparent who meets the requirements of subdivision (a)(2)(B)(i) or subdivision (a)(2)(B)(ii) of this section.

(3) After a hearing on the merits of a child custody action, if a court determines that the presumption in subdivision (a)(1)(A)(iv) (a) of this section is rebutted, the court shall enter a written order that includes the following: (A) Facts, findings, and conclusions of law concerning the basis for the court's determination; and (B) A parenting time schedule that: (i) Maximizes the amount of time that each parent has with the child; and (ii) Is consistent with the best interest of the child.

(A) Facts, findings, and conclusions of law concerning the basis for the court's determination; and

(B) A parenting time schedule that: (i) Maximizes the amount of time that each parent has with the child; and (ii) Is consistent with the best interest of the child.

(i) Maximizes the amount of time that each parent has with the child; and

(ii) Is consistent with the best interest of the child.

(c) (1) If a party to an action concerning custody of or a right to visitation with a child has committed an act of domestic violence against the party making the allegation or a family or household member of either party and such allegations are proven by a preponderance of the evidence, the circuit court must consider the effect of such domestic violence upon the best interests of the child, whether or not the child was physically injured or personally witnessed the abuse, together with such facts and circumstances as the circuit court deems relevant in making a directive pursuant to this section. (2) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse.

(1) If a party to an action concerning custody of or a right to visitation with a child has committed an act of domestic violence against the party making the allegation or a family or household member of either party and such allegations are proven by a preponderance of the evidence, the circuit court must consider the effect of such domestic violence upon the best interests of the child, whether or not the child was physically injured or personally witnessed the abuse, together with such facts and circumstances as the circuit court deems relevant in making a directive pursuant to this section.

(2) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the custody of an abusive parent in cases in which there is a finding by a preponderance of the evidence that the parent has engaged in a pattern of domestic abuse.

(d) (1) If a party to an action concerning custody of or a right to visitation with a child is a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., the circuit court may not award custody or unsupervised visitation of the child to the sex offender unless the circuit court makes a specific finding that the sex offender poses no danger to the child. (2) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the care or custody of a sex offender or to have unsupervised visitation with a sex offender. (3) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the home of a sex offender or to have unsupervised visitation in a home in which a sex offender resides.

(1) If a party to an action concerning custody of or a right to visitation with a child is a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., the circuit court may not award custody or unsupervised visitation of the child to the sex offender unless the circuit court makes a specific finding that the sex offender poses no danger to the child.

(2) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the care or custody of a sex offender or to have unsupervised visitation with a sex offender.

(3) There is a rebuttable presumption that it is not in the best interest of the child to be placed in the home of a sex offender or to have unsupervised visitation in a home in which a sex offender resides.

(e) (1) The Director of the Administrative Office of the Courts is authorized to establish an attorney ad litem program to represent children in circuit court cases in which custody is an issue. (2) When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child. (3) (A) The Supreme Court, with the advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in custody cases. (B) (i) In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications. (ii) The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications. (4) When attorneys are appointed pursuant to subdivision (e)(2) of this section, the fees for services and reimbursable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts. (5) (A) When a circuit judge orders the payment of funds for the fees and expenses authorized by this section, the circuit judge shall transmit a copy of the order to the office, which is authorized to pay the funds. (B) The circuit court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay. (6) The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid pursuant to this section. (7) In order to ensure that each judicial district will have an appropriate amount of funds to utilize for ad litem representation in custody cases, the funds appropriated shall be apportioned based upon a formula developed by the office and approved by the Arkansas Judicial Council, Inc. and the Administrative Rules Subcommittee of the Legislative Council. (8) (A) The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case. (B) Statistics shall include the ages of children served, whether the custody issue arises at a divorce or post-divorce stage, whether psychological services were ordered, and any other relevant information.

(1) The Director of the Administrative Office of the Courts is authorized to establish an attorney ad litem program to represent children in circuit court cases in which custody is an issue.

(2) When a circuit judge determines that the appointment of an attorney ad litem would facilitate a case in which custody is an issue and further protect the rights of the child, the circuit judge may appoint a private attorney to represent the child.

(3) (A) The Supreme Court, with the advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in custody cases. (B) (i) In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications. (ii) The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications.

(A) The Supreme Court, with the advice of the circuit judges, shall adopt standards of practice and qualifications for service for attorneys who seek to be appointed to provide legal representation for children in custody cases.

(B) (i) In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications. (ii) The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications.

(i) In extraordinary cases, the circuit court may appoint an attorney ad litem who does not meet the required standards and qualifications.

(ii) The attorney may not be appointed in subsequent cases until he or she has made efforts to meet the standards and qualifications.

(4) When attorneys are appointed pursuant to subdivision (e)(2) of this section, the fees for services and reimbursable expenses shall be paid from funds appropriated for that purpose to the Administrative Office of the Courts.

(5) (A) When a circuit judge orders the payment of funds for the fees and expenses authorized by this section, the circuit judge shall transmit a copy of the order to the office, which is authorized to pay the funds. (B) The circuit court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay.

(A) When a circuit judge orders the payment of funds for the fees and expenses authorized by this section, the circuit judge shall transmit a copy of the order to the office, which is authorized to pay the funds.

(B) The circuit court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay.

(6) The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid pursuant to this section.

(7) In order to ensure that each judicial district will have an appropriate amount of funds to utilize for ad litem representation in custody cases, the funds appropriated shall be apportioned based upon a formula developed by the office and approved by the Arkansas Judicial Council, Inc. and the Administrative Rules Subcommittee of the Legislative Council.

(8) (A) The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case. (B) Statistics shall include the ages of children served, whether the custody issue arises at a divorce or post-divorce stage, whether psychological services were ordered, and any other relevant information.

(A) The office shall develop a statistical survey that each attorney who serves as an ad litem shall complete upon the conclusion of the case.

(B) Statistics shall include the ages of children served, whether the custody issue arises at a divorce or post-divorce stage, whether psychological services were ordered, and any other relevant information.

Amended by Act 2021, No. 604,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 604,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 604,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 604,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 713, eff. 7/24/2019.

Amended by Act 2019, No. 906,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1156,§ 3, eff. 8/16/2013

Amended by Act 2013, No. 1156,§ 2, eff. 8/16/2013

Amended by Act 2013, No. 1156,§ 1, eff. 8/16/2013

Acts 1979, No. 278, § 1; A.S.A. 1947, § 34-2726; Acts 1997, No. 905, § 1; 1997, No. 1328 § 1; 1999, No. 708, § 2; 2001, No. 1235, § 1; 2001, No. 1497, § 1; 2003, No. 92, § 1; 2005, No. 80, § 1; 2007, No. 56, § 1; 2011, No. 344, § 2
Ark. Code Ann. § 9-19-317 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-317
Costs and expenses
Status: in_force

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecuting attorney and law enforcement officers under § 9-19-315 or § 9-19-316 . Acts 1999, No. 668, § 317

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecuting attorney and law enforcement officers under § 9-19-315 or § 9-19-316 .

Acts 1999, No. 668, § 317
Ark. Code Ann. § 9-28-215 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-215
Departure without authorization - Release of information - Definition
Status: in_force

(a) As used in this section, "identifying and descriptive information" means any information pertaining to a juvenile that is necessary to safeguard public safety and aid in the apprehension of the juvenile, including without limitation: (1) A photo of the juvenile; (2) The name of the juvenile; (3) The age of the juvenile; and (4) A felony offense for which the juvenile is committed to the custody of the Division of Youth Services. (b) (1) When a juvenile who is committed to the custody of the Division of Youth Services leaves his or her assigned placement without authorization, the Director of the Division of Youth Services or his or her designee shall release the identifying and descriptive information of the juvenile to the general public if the juvenile: (A) Is committed to the Division of Youth Services for an offense that would be a felony if the offense were committed by an adult; (B) Poses a serious threat to public safety or a member of the public; or (C) Is at a heightened risk of harm if he or she is not apprehended immediately due to his or her age, disability, medical condition, mental capacity, or another emergency circumstance. (2) The Division of Youth Services shall release identifying and descriptive information to the general public if the juvenile is committed to the Division of Youth Services under extended juvenile jurisdiction. (3) The Division of Youth Services shall promulgate rules detailing the factors to be considered in determining when identifying and descriptive information may be released. (c) When a juvenile departs without authorization from the Arkansas State Hospital, if at the time of departure the juvenile is committed as a result of an acquittal, for mental disease or defect, of an offense for which the juvenile could have been tried as an adult, the Director of the Division of Aging, Adult, and Behavioral Health Services shall release to the general public the name, age, and description of the juvenile and any other pertinent information he or she deems necessary to aid in the apprehension of the juvenile and safeguard the public welfare. (d) When a juvenile departs without authorization from a local juvenile detention facility, if at the time of departure the juvenile is committed or detained for an offense for which the juvenile could have been tried as an adult, the director of the juvenile detention facility shall release to the general public the name, age, and description of the juvenile and any other pertinent information the director deems necessary to aid in the apprehension of the juvenile and safeguard the public welfare. Amended by Act 2019, No. 365,§ 1, eff. 7/24/2019. Acts 1997, No. 397, § 1

(a) As used in this section, "identifying and descriptive information" means any information pertaining to a juvenile that is necessary to safeguard public safety and aid in the apprehension of the juvenile, including without limitation: (1) A photo of the juvenile; (2) The name of the juvenile; (3) The age of the juvenile; and (4) A felony offense for which the juvenile is committed to the custody of the Division of Youth Services.

(1) A photo of the juvenile;

(2) The name of the juvenile;

(3) The age of the juvenile; and

(4) A felony offense for which the juvenile is committed to the custody of the Division of Youth Services.

(b) (1) When a juvenile who is committed to the custody of the Division of Youth Services leaves his or her assigned placement without authorization, the Director of the Division of Youth Services or his or her designee shall release the identifying and descriptive information of the juvenile to the general public if the juvenile: (A) Is committed to the Division of Youth Services for an offense that would be a felony if the offense were committed by an adult; (B) Poses a serious threat to public safety or a member of the public; or (C) Is at a heightened risk of harm if he or she is not apprehended immediately due to his or her age, disability, medical condition, mental capacity, or another emergency circumstance. (2) The Division of Youth Services shall release identifying and descriptive information to the general public if the juvenile is committed to the Division of Youth Services under extended juvenile jurisdiction. (3) The Division of Youth Services shall promulgate rules detailing the factors to be considered in determining when identifying and descriptive information may be released.

(1) When a juvenile who is committed to the custody of the Division of Youth Services leaves his or her assigned placement without authorization, the Director of the Division of Youth Services or his or her designee shall release the identifying and descriptive information of the juvenile to the general public if the juvenile: (A) Is committed to the Division of Youth Services for an offense that would be a felony if the offense were committed by an adult; (B) Poses a serious threat to public safety or a member of the public; or (C) Is at a heightened risk of harm if he or she is not apprehended immediately due to his or her age, disability, medical condition, mental capacity, or another emergency circumstance.

(A) Is committed to the Division of Youth Services for an offense that would be a felony if the offense were committed by an adult;

(B) Poses a serious threat to public safety or a member of the public; or

(C) Is at a heightened risk of harm if he or she is not apprehended immediately due to his or her age, disability, medical condition, mental capacity, or another emergency circumstance.

(2) The Division of Youth Services shall release identifying and descriptive information to the general public if the juvenile is committed to the Division of Youth Services under extended juvenile jurisdiction.

(3) The Division of Youth Services shall promulgate rules detailing the factors to be considered in determining when identifying and descriptive information may be released.

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

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

Amended by Act 2019, No. 365,§ 1, eff. 7/24/2019.

Acts 1997, No. 397, § 1
Ark. Code Ann. § 9-28-207 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-207
Commitment to the Division of Youth Services
Status: in_force

(a) When any youth is committed to the Division of Youth Services as authorized in this section, the youth shall be under the exclusive care, physical custody, and control of the division from the time of the lawful reception of the youth by a youth services center until the youth is released from the physical custody of the division. (b) The fact that a youth has been committed to the division shall not be received in evidence in any court in this state in any subsequent proceeding affecting the youth, except as otherwise provided by law. Acts 1995, No. 1261, § 7; 2009, No. 956, § 29

(a) When any youth is committed to the Division of Youth Services as authorized in this section, the youth shall be under the exclusive care, physical custody, and control of the division from the time of the lawful reception of the youth by a youth services center until the youth is released from the physical custody of the division.

(b) The fact that a youth has been committed to the division shall not be received in evidence in any court in this state in any subsequent proceeding affecting the youth, except as otherwise provided by law.

Acts 1995, No. 1261, § 7; 2009, No. 956, § 29
Ark. Code Ann. § 9-11-809 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-809
Suit against spouse - Separation
Status: in_force

(a) Unless judicially separated, spouses in a covenant marriage may not sue each other except for causes of action: (1) Pertaining to contracts; (2) For restitution of separate property; (3) For judicial separation in covenant marriages; (4) For divorce or for declaration of nullity of the marriage; and (5) For causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart, although not judicially separated. (b) (1) Any court that is competent to preside over divorce proceedings has jurisdiction of an action for judicial separation or divorce in a covenant marriage if: (A) One (1) or both of the spouses are domiciled in this state and the ground for judicial separation or divorce in a covenant marriage was committed or occurred in this state or while the matrimonial domicile was in this state; or (B) The ground therefor occurred elsewhere while either or both of the spouses were domiciled elsewhere, provided the person obtaining the judicial separation was domiciled in this state prior to the time the cause of action accrued and is domiciled in this state at the time the action is filed. (2) An action for a judicial separation in a covenant marriage shall be brought in a county where either party is domiciled, or in the county of the last matrimonial domicile. (3) The venue provided in this section may not be waived, and a judgment of separation rendered by a court of improper venue is an absolute nullity. (c) Judgments on the pleadings and summary judgments shall not be granted in any action for judicial separation in a covenant marriage. (d) In a proceeding for a judicial separation in a covenant marriage or thereafter, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including, but not limited to, spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief, and possession and use of a family residence or joint property. Acts 2001, No. 1486, § 5

(a) Unless judicially separated, spouses in a covenant marriage may not sue each other except for causes of action: (1) Pertaining to contracts; (2) For restitution of separate property; (3) For judicial separation in covenant marriages; (4) For divorce or for declaration of nullity of the marriage; and (5) For causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart, although not judicially separated.

(1) Pertaining to contracts;

(2) For restitution of separate property;

(3) For judicial separation in covenant marriages;

(4) For divorce or for declaration of nullity of the marriage; and

(5) For causes of action pertaining to spousal support or the support or custody of a child while the spouses are living separate and apart, although not judicially separated.

(b) (1) Any court that is competent to preside over divorce proceedings has jurisdiction of an action for judicial separation or divorce in a covenant marriage if: (A) One (1) or both of the spouses are domiciled in this state and the ground for judicial separation or divorce in a covenant marriage was committed or occurred in this state or while the matrimonial domicile was in this state; or (B) The ground therefor occurred elsewhere while either or both of the spouses were domiciled elsewhere, provided the person obtaining the judicial separation was domiciled in this state prior to the time the cause of action accrued and is domiciled in this state at the time the action is filed. (2) An action for a judicial separation in a covenant marriage shall be brought in a county where either party is domiciled, or in the county of the last matrimonial domicile. (3) The venue provided in this section may not be waived, and a judgment of separation rendered by a court of improper venue is an absolute nullity.

(1) Any court that is competent to preside over divorce proceedings has jurisdiction of an action for judicial separation or divorce in a covenant marriage if: (A) One (1) or both of the spouses are domiciled in this state and the ground for judicial separation or divorce in a covenant marriage was committed or occurred in this state or while the matrimonial domicile was in this state; or (B) The ground therefor occurred elsewhere while either or both of the spouses were domiciled elsewhere, provided the person obtaining the judicial separation was domiciled in this state prior to the time the cause of action accrued and is domiciled in this state at the time the action is filed.

(A) One (1) or both of the spouses are domiciled in this state and the ground for judicial separation or divorce in a covenant marriage was committed or occurred in this state or while the matrimonial domicile was in this state; or

(B) The ground therefor occurred elsewhere while either or both of the spouses were domiciled elsewhere, provided the person obtaining the judicial separation was domiciled in this state prior to the time the cause of action accrued and is domiciled in this state at the time the action is filed.

(2) An action for a judicial separation in a covenant marriage shall be brought in a county where either party is domiciled, or in the county of the last matrimonial domicile.

(3) The venue provided in this section may not be waived, and a judgment of separation rendered by a court of improper venue is an absolute nullity.

(c) Judgments on the pleadings and summary judgments shall not be granted in any action for judicial separation in a covenant marriage.

(d) In a proceeding for a judicial separation in a covenant marriage or thereafter, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including, but not limited to, spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief, and possession and use of a family residence or joint property.

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-14-221 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-221
Income withholding - When orders take effect - Notice - Costs
Status: in_force

(a) Orders of income withholding that were not effective immediately by order of the court, upon the consent of the noncustodial parent, or at the request of the custodial parent, shall become effective when payment arrearages owed by the noncustodial parent equal the total court-ordered support payable for thirty (30) days. (b) (1) Prior to notification to the payor, for orders to be effective under this section, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk. (2) Actual costs of mailing the notice may be collected by the clerk from the custodial parent. (3) The notice shall contain the following information: (A) The amount to be withheld; (B) The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable; (C) That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration; (D) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact; (E) That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding; (F) That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and (G) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding order. (c) (1) Should the noncustodial parent contest the withholding because of mistake of fact, then after providing the noncustodial parent an opportunity to present his or her case the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence. (2) The notice shall include the information to be provided to the payor as required in § 9-14-222 . Acts 1985, No. 989, § 15; A.S.A. 1947, § 34-1233; Acts 1987, (1st Ex. Sess.), No. 33, § 1; 1991, No. 1095, § 5; 1993, No. 396, § 2; 2003, No. 1020, § 6

(a) Orders of income withholding that were not effective immediately by order of the court, upon the consent of the noncustodial parent, or at the request of the custodial parent, shall become effective when payment arrearages owed by the noncustodial parent equal the total court-ordered support payable for thirty (30) days.

(b) (1) Prior to notification to the payor, for orders to be effective under this section, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk. (2) Actual costs of mailing the notice may be collected by the clerk from the custodial parent. (3) The notice shall contain the following information: (A) The amount to be withheld; (B) The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable; (C) That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration; (D) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact; (E) That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding; (F) That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and (G) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding order.

(1) Prior to notification to the payor, for orders to be effective under this section, the noncustodial parent shall be sent a notice by any form of mail addressed to the parent at his or her last known address as contained in the records of the court clerk.

(2) Actual costs of mailing the notice may be collected by the clerk from the custodial parent.

(3) The notice shall contain the following information: (A) The amount to be withheld; (B) The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable; (C) That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration; (D) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact; (E) That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding; (F) That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and (G) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding order.

(A) The amount to be withheld;

(B) The amount of arrearages alleged to have accrued under the support order and that an additional amount of not less than twenty percent (20%) of the support ordered will be withheld to liquidate the arrearages or such amount as set forth by an order if applicable;

(C) That the income withholding applies to current and subsequent periods of employment, if used in employment, or remuneration;

(D) The procedure available to contest the withholding on the ground that the withholding is not proper because of mistake of fact;

(E) That failure to contest the withholding within ten (10) days of the receipt or refusal of the notice will result in the payor's being notified to begin the withholding;

(F) That if the noncustodial parent contests the withholding, he or she will be afforded an opportunity to present his or her case to the court or its representative in that jurisdiction within thirty (30) days of receipt of the notice of contest; and

(G) That state law prohibits employers from retaliating against a noncustodial parent under an income withholding order and that the court or its representative should be contacted if the noncustodial parent has been retaliated against by his or her employer as a result of the income withholding order.

(c) (1) Should the noncustodial parent contest the withholding because of mistake of fact, then after providing the noncustodial parent an opportunity to present his or her case the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence. (2) The notice shall include the information to be provided to the payor as required in § 9-14-222 .

(1) Should the noncustodial parent contest the withholding because of mistake of fact, then after providing the noncustodial parent an opportunity to present his or her case the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence.

(2) The notice shall include the information to be provided to the payor as required in § 9-14-222 .

Acts 1985, No. 989, § 15; A.S.A. 1947, § 34-1233; Acts 1987, (1st Ex. Sess.), No. 33, § 1; 1991, No. 1095, § 5; 1993, No. 396, § 2; 2003, No. 1020, § 6
Ark. Code Ann. § 9-27-326 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-326
Detention hearing
Status: in_force

(a) If a juvenile is taken into custody on an allegation of delinquency, violation of Division of Youth Services aftercare, violation of probation, or violation of a court order and not released by the law enforcement officer or intake officer, a detention hearing shall be held as soon as possible but no later than seventy-two (72) hours after the juvenile was taken into custody or, if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day. Otherwise, the juvenile shall be released. (b) Prior written notice of the time, place, and purpose of the detention hearing shall be given to: (1) The juvenile; (2) The juvenile's attorney; and (3) (A) The juvenile's parent, guardian, or custodian. (B) However, if the court finds after a reasonable, diligent effort that the petitioner was unable to notify the parent, guardian, or custodian, the hearing may proceed without notice to that party. (c) The petitioner shall have the burden of proof by clear and convincing evidence that the restraint on the juvenile's liberty is necessary and that no less restrictive alternative will reduce the risk of flight, or of serious harm to property, or to the physical safety of the juvenile or others. (d) During the detention hearing, the court shall: (1) Inform the juvenile: (A) Of the reasons continued detention is being sought; (B) That he or she is not required to say anything, and that anything he or she says may be used against him or her; (C) That he or she has a right to counsel; and (D) That before the hearing proceeds further he or she has the right to communicate with his or her attorney, parent, guardian, or custodian, and that reasonable means will be provided for him or her to do so; (2) Admit testimony and evidence relevant only to determination that probable cause exists that the juvenile committed the offense as alleged and that detention of the juvenile is necessary; and (3) Assess the following factors in determining whether to release the juvenile prior to further hearings in the case: (A) Place and length of residence; (B) Family relationships; (C) References; (D) School attendance; (E) Past and present employment; (F) Juvenile and criminal records; (G) The juvenile's character and reputation; (H) Nature of the charge being brought and any mitigating or aggravating circumstances; (I) Whether detention is necessary to prevent imminent bodily harm to the juvenile or to another; (J) The possibility of additional violations occurring if the juvenile is released; (K) Factors that indicate the juvenile is likely to appear as required; and (L) Whether conditions should be imposed on the juvenile's release. (e) (1) The court shall release the juvenile when there is a finding that no probable cause exists that the juvenile committed the offense as alleged. (2) The court, upon a finding that detention is not necessary, may release the juvenile: (A) Upon his or her personal recognizance; (B) Upon an order to appear; (C) To his or her parent, guardian, or custodian upon written promise to bring the juvenile before the court when required; (D) (i) To the care of a qualified person or agency agreeing to supervise the juvenile and assist him or her in appearing in court. (ii) Provided, that for purposes of this subdivision (e)(2)(D), "qualified agency" does not include the Department of Human Services or any of its divisions; (E) (i) Under the supervision of the probation officer or other appropriate public official. (ii) However, for purposes of this subdivision (e)(2)(E), "appropriate public official" does not include the department; (F) Upon reasonable restrictions on activities, movements, associations, and residences of the juvenile; (G) On bond to his or her parent, guardian, or custodian; or (H) Under such other reasonable restrictions to ensure the appearance of the juvenile. (3) If the court determines that only a money bond will ensure the appearance of the juvenile, the court may require: (A) An unsecured bond in an amount set by the judicial officer; (B) A bond accompanied by a deposit of cash or securities equal to ten percent (10%) of the face amount set by the court that shall be returned at the conclusion of the proceedings if the juvenile has not defaulted in the performance of the conditions of the bond; or (C) A bond secured by deposit of the full amount in cash, or by other property, or by obligation of qualified securities. (4) Orders of conditional release may be modified upon notice, hearing, and good cause shown. (5) (A) If the court releases a juvenile under subdivision (e)(2)(D) of this section, the court may, if necessary for the best interest of the juvenile, request that the department immediately initiate an investigation as to whether the juvenile is in imminent danger or a situation exists whereby the juvenile is dependent-neglected. (B) The court shall not place preadjudicated juveniles in the custody of the department except as provided in § 12-12-516 [repealed]. (f) (1) If the juvenile who is being detained is also in the custody of the department pursuant to a family in need of services or dependency-neglect petition and the court does not keep the juvenile in detention, then any issues regarding placement of the juvenile shall be addressed only in the family in need of services or dependency-neglect case and shall not be an issue addressed, nor shall any orders be entered in the delinquency case regarding placement of the juvenile. (2) Within ten (10) days of the entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile's dependency-neglect or family in need of services case. Acts 1989, No. 273, § 25; 1995, No. 533, § 7; 2001, No. 987, § 4; 2003, No. 1319, § 13; 2007, No. 587, § 13; 2009, No. 956, § 9

(a) If a juvenile is taken into custody on an allegation of delinquency, violation of Division of Youth Services aftercare, violation of probation, or violation of a court order and not released by the law enforcement officer or intake officer, a detention hearing shall be held as soon as possible but no later than seventy-two (72) hours after the juvenile was taken into custody or, if the seventy-two (72) hours ends on a Saturday, Sunday, or holiday, on the next business day. Otherwise, the juvenile shall be released.

(b) Prior written notice of the time, place, and purpose of the detention hearing shall be given to: (1) The juvenile; (2) The juvenile's attorney; and (3) (A) The juvenile's parent, guardian, or custodian. (B) However, if the court finds after a reasonable, diligent effort that the petitioner was unable to notify the parent, guardian, or custodian, the hearing may proceed without notice to that party.

(1) The juvenile;

(2) The juvenile's attorney; and

(3) (A) The juvenile's parent, guardian, or custodian. (B) However, if the court finds after a reasonable, diligent effort that the petitioner was unable to notify the parent, guardian, or custodian, the hearing may proceed without notice to that party.

(A) The juvenile's parent, guardian, or custodian.

(B) However, if the court finds after a reasonable, diligent effort that the petitioner was unable to notify the parent, guardian, or custodian, the hearing may proceed without notice to that party.

(c) The petitioner shall have the burden of proof by clear and convincing evidence that the restraint on the juvenile's liberty is necessary and that no less restrictive alternative will reduce the risk of flight, or of serious harm to property, or to the physical safety of the juvenile or others.

(d) During the detention hearing, the court shall: (1) Inform the juvenile: (A) Of the reasons continued detention is being sought; (B) That he or she is not required to say anything, and that anything he or she says may be used against him or her; (C) That he or she has a right to counsel; and (D) That before the hearing proceeds further he or she has the right to communicate with his or her attorney, parent, guardian, or custodian, and that reasonable means will be provided for him or her to do so; (2) Admit testimony and evidence relevant only to determination that probable cause exists that the juvenile committed the offense as alleged and that detention of the juvenile is necessary; and (3) Assess the following factors in determining whether to release the juvenile prior to further hearings in the case: (A) Place and length of residence; (B) Family relationships; (C) References; (D) School attendance; (E) Past and present employment; (F) Juvenile and criminal records; (G) The juvenile's character and reputation; (H) Nature of the charge being brought and any mitigating or aggravating circumstances; (I) Whether detention is necessary to prevent imminent bodily harm to the juvenile or to another; (J) The possibility of additional violations occurring if the juvenile is released; (K) Factors that indicate the juvenile is likely to appear as required; and (L) Whether conditions should be imposed on the juvenile's release.

(1) Inform the juvenile: (A) Of the reasons continued detention is being sought; (B) That he or she is not required to say anything, and that anything he or she says may be used against him or her; (C) That he or she has a right to counsel; and (D) That before the hearing proceeds further he or she has the right to communicate with his or her attorney, parent, guardian, or custodian, and that reasonable means will be provided for him or her to do so;

(A) Of the reasons continued detention is being sought;

(B) That he or she is not required to say anything, and that anything he or she says may be used against him or her;

(C) That he or she has a right to counsel; and

(D) That before the hearing proceeds further he or she has the right to communicate with his or her attorney, parent, guardian, or custodian, and that reasonable means will be provided for him or her to do so;

(2) Admit testimony and evidence relevant only to determination that probable cause exists that the juvenile committed the offense as alleged and that detention of the juvenile is necessary; and

(3) Assess the following factors in determining whether to release the juvenile prior to further hearings in the case: (A) Place and length of residence; (B) Family relationships; (C) References; (D) School attendance; (E) Past and present employment; (F) Juvenile and criminal records; (G) The juvenile's character and reputation; (H) Nature of the charge being brought and any mitigating or aggravating circumstances; (I) Whether detention is necessary to prevent imminent bodily harm to the juvenile or to another; (J) The possibility of additional violations occurring if the juvenile is released; (K) Factors that indicate the juvenile is likely to appear as required; and (L) Whether conditions should be imposed on the juvenile's release.

(A) Place and length of residence;

(B) Family relationships;

(C) References;

(D) School attendance;

(E) Past and present employment;

(F) Juvenile and criminal records;

(G) The juvenile's character and reputation;

(H) Nature of the charge being brought and any mitigating or aggravating circumstances;

(I) Whether detention is necessary to prevent imminent bodily harm to the juvenile or to another;

(J) The possibility of additional violations occurring if the juvenile is released;

(K) Factors that indicate the juvenile is likely to appear as required; and

(L) Whether conditions should be imposed on the juvenile's release.

(e) (1) The court shall release the juvenile when there is a finding that no probable cause exists that the juvenile committed the offense as alleged. (2) The court, upon a finding that detention is not necessary, may release the juvenile: (A) Upon his or her personal recognizance; (B) Upon an order to appear; (C) To his or her parent, guardian, or custodian upon written promise to bring the juvenile before the court when required; (D) (i) To the care of a qualified person or agency agreeing to supervise the juvenile and assist him or her in appearing in court. (ii) Provided, that for purposes of this subdivision (e)(2)(D), "qualified agency" does not include the Department of Human Services or any of its divisions; (E) (i) Under the supervision of the probation officer or other appropriate public official. (ii) However, for purposes of this subdivision (e)(2)(E), "appropriate public official" does not include the department; (F) Upon reasonable restrictions on activities, movements, associations, and residences of the juvenile; (G) On bond to his or her parent, guardian, or custodian; or (H) Under such other reasonable restrictions to ensure the appearance of the juvenile. (3) If the court determines that only a money bond will ensure the appearance of the juvenile, the court may require: (A) An unsecured bond in an amount set by the judicial officer; (B) A bond accompanied by a deposit of cash or securities equal to ten percent (10%) of the face amount set by the court that shall be returned at the conclusion of the proceedings if the juvenile has not defaulted in the performance of the conditions of the bond; or (C) A bond secured by deposit of the full amount in cash, or by other property, or by obligation of qualified securities. (4) Orders of conditional release may be modified upon notice, hearing, and good cause shown. (5) (A) If the court releases a juvenile under subdivision (e)(2)(D) of this section, the court may, if necessary for the best interest of the juvenile, request that the department immediately initiate an investigation as to whether the juvenile is in imminent danger or a situation exists whereby the juvenile is dependent-neglected. (B) The court shall not place preadjudicated juveniles in the custody of the department except as provided in § 12-12-516 [repealed].

(1) The court shall release the juvenile when there is a finding that no probable cause exists that the juvenile committed the offense as alleged.

(2) The court, upon a finding that detention is not necessary, may release the juvenile: (A) Upon his or her personal recognizance; (B) Upon an order to appear; (C) To his or her parent, guardian, or custodian upon written promise to bring the juvenile before the court when required; (D) (i) To the care of a qualified person or agency agreeing to supervise the juvenile and assist him or her in appearing in court. (ii) Provided, that for purposes of this subdivision (e)(2)(D), "qualified agency" does not include the Department of Human Services or any of its divisions; (E) (i) Under the supervision of the probation officer or other appropriate public official. (ii) However, for purposes of this subdivision (e)(2)(E), "appropriate public official" does not include the department; (F) Upon reasonable restrictions on activities, movements, associations, and residences of the juvenile; (G) On bond to his or her parent, guardian, or custodian; or (H) Under such other reasonable restrictions to ensure the appearance of the juvenile.

(A) Upon his or her personal recognizance;

(B) Upon an order to appear;

(C) To his or her parent, guardian, or custodian upon written promise to bring the juvenile before the court when required;

(D) (i) To the care of a qualified person or agency agreeing to supervise the juvenile and assist him or her in appearing in court. (ii) Provided, that for purposes of this subdivision (e)(2)(D), "qualified agency" does not include the Department of Human Services or any of its divisions;

(i) To the care of a qualified person or agency agreeing to supervise the juvenile and assist him or her in appearing in court.

(ii) Provided, that for purposes of this subdivision (e)(2)(D), "qualified agency" does not include the Department of Human Services or any of its divisions;

(E) (i) Under the supervision of the probation officer or other appropriate public official. (ii) However, for purposes of this subdivision (e)(2)(E), "appropriate public official" does not include the department;

(i) Under the supervision of the probation officer or other appropriate public official.

(ii) However, for purposes of this subdivision (e)(2)(E), "appropriate public official" does not include the department;

(F) Upon reasonable restrictions on activities, movements, associations, and residences of the juvenile;

(G) On bond to his or her parent, guardian, or custodian; or

(H) Under such other reasonable restrictions to ensure the appearance of the juvenile.

(3) If the court determines that only a money bond will ensure the appearance of the juvenile, the court may require: (A) An unsecured bond in an amount set by the judicial officer; (B) A bond accompanied by a deposit of cash or securities equal to ten percent (10%) of the face amount set by the court that shall be returned at the conclusion of the proceedings if the juvenile has not defaulted in the performance of the conditions of the bond; or (C) A bond secured by deposit of the full amount in cash, or by other property, or by obligation of qualified securities.

(A) An unsecured bond in an amount set by the judicial officer;

(B) A bond accompanied by a deposit of cash or securities equal to ten percent (10%) of the face amount set by the court that shall be returned at the conclusion of the proceedings if the juvenile has not defaulted in the performance of the conditions of the bond; or

(C) A bond secured by deposit of the full amount in cash, or by other property, or by obligation of qualified securities.

(4) Orders of conditional release may be modified upon notice, hearing, and good cause shown.

(5) (A) If the court releases a juvenile under subdivision (e)(2)(D) of this section, the court may, if necessary for the best interest of the juvenile, request that the department immediately initiate an investigation as to whether the juvenile is in imminent danger or a situation exists whereby the juvenile is dependent-neglected. (B) The court shall not place preadjudicated juveniles in the custody of the department except as provided in § 12-12-516 [repealed].

(A) If the court releases a juvenile under subdivision (e)(2)(D) of this section, the court may, if necessary for the best interest of the juvenile, request that the department immediately initiate an investigation as to whether the juvenile is in imminent danger or a situation exists whereby the juvenile is dependent-neglected.

(B) The court shall not place preadjudicated juveniles in the custody of the department except as provided in § 12-12-516 [repealed].

(f) (1) If the juvenile who is being detained is also in the custody of the department pursuant to a family in need of services or dependency-neglect petition and the court does not keep the juvenile in detention, then any issues regarding placement of the juvenile shall be addressed only in the family in need of services or dependency-neglect case and shall not be an issue addressed, nor shall any orders be entered in the delinquency case regarding placement of the juvenile. (2) Within ten (10) days of the entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile's dependency-neglect or family in need of services case.

(1) If the juvenile who is being detained is also in the custody of the department pursuant to a family in need of services or dependency-neglect petition and the court does not keep the juvenile in detention, then any issues regarding placement of the juvenile shall be addressed only in the family in need of services or dependency-neglect case and shall not be an issue addressed, nor shall any orders be entered in the delinquency case regarding placement of the juvenile.

(2) Within ten (10) days of the entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile's dependency-neglect or family in need of services case.

Acts 1989, No. 273, § 25; 1995, No. 533, § 7; 2001, No. 987, § 4; 2003, No. 1319, § 13; 2007, No. 587, § 13; 2009, No. 956, § 9
Ark. Code Ann. § 9-3-110 — AR Code / Title 9 / Chapter 3 / Section 9-3-110
Declaration of intent - Publication of notice - Exceptions
Status: in_force

(a) Any person desiring to make a declaration of domicile under this chapter shall declare on oath before the clerk of any court authorized under this chapter to have jurisdiction, or the clerk's authorized deputy, in the county in which the person owns real estate and has resided for thirty (30) days after reaching eighteen (18) years of age, that it is his or her bona fide intention to become a resident domiciled in the State of Arkansas and that he or she renounces his or her residence and domicile in the state in which he or she was last domiciled. (b) (1) (A) The declaration shall set forth the name, date of birth, place of birth, occupation, personal description, name of the state and address of last residence, and the state in which he or she owns real or personal property. (B) The declaration shall also state the name of his or her spouse, the date of the spouse's birth, the place of their marriage, the name of each child and the date of each child's birth, the name of the state, and the address at the date of the declaration. (2) (A) The declaration shall have attached a certified copy of the notice published thirty (30) days prior to the declaration renouncing domicile in the states in which he or she owned real or personal property and in which the person formerly resided. (B) The notice shall have been given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or states in which the notices are published. (c) (1) No resident domiciled in the State of Arkansas in conformity with the law in force at the date of the declaration who has declared his or her intention to become a resident domiciled in this state shall be required to renew the declaration. (2) Any person who, on or after March 26, 1941, has become a resident domiciled in this state under the provisions of the common law of the state or of § 9-12-307 shall not be required to make a declaration as provided in this chapter. Acts 1941, No. 355, §§ 10, 12; A.S.A. 1947, §§ 34-1310, 34-1312

(a) Any person desiring to make a declaration of domicile under this chapter shall declare on oath before the clerk of any court authorized under this chapter to have jurisdiction, or the clerk's authorized deputy, in the county in which the person owns real estate and has resided for thirty (30) days after reaching eighteen (18) years of age, that it is his or her bona fide intention to become a resident domiciled in the State of Arkansas and that he or she renounces his or her residence and domicile in the state in which he or she was last domiciled.

(b) (1) (A) The declaration shall set forth the name, date of birth, place of birth, occupation, personal description, name of the state and address of last residence, and the state in which he or she owns real or personal property. (B) The declaration shall also state the name of his or her spouse, the date of the spouse's birth, the place of their marriage, the name of each child and the date of each child's birth, the name of the state, and the address at the date of the declaration. (2) (A) The declaration shall have attached a certified copy of the notice published thirty (30) days prior to the declaration renouncing domicile in the states in which he or she owned real or personal property and in which the person formerly resided. (B) The notice shall have been given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or states in which the notices are published.

(1) (A) The declaration shall set forth the name, date of birth, place of birth, occupation, personal description, name of the state and address of last residence, and the state in which he or she owns real or personal property. (B) The declaration shall also state the name of his or her spouse, the date of the spouse's birth, the place of their marriage, the name of each child and the date of each child's birth, the name of the state, and the address at the date of the declaration.

(A) The declaration shall set forth the name, date of birth, place of birth, occupation, personal description, name of the state and address of last residence, and the state in which he or she owns real or personal property.

(B) The declaration shall also state the name of his or her spouse, the date of the spouse's birth, the place of their marriage, the name of each child and the date of each child's birth, the name of the state, and the address at the date of the declaration.

(2) (A) The declaration shall have attached a certified copy of the notice published thirty (30) days prior to the declaration renouncing domicile in the states in which he or she owned real or personal property and in which the person formerly resided. (B) The notice shall have been given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or states in which the notices are published.

(A) The declaration shall have attached a certified copy of the notice published thirty (30) days prior to the declaration renouncing domicile in the states in which he or she owned real or personal property and in which the person formerly resided.

(B) The notice shall have been given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state or states in which the notices are published.

(c) (1) No resident domiciled in the State of Arkansas in conformity with the law in force at the date of the declaration who has declared his or her intention to become a resident domiciled in this state shall be required to renew the declaration. (2) Any person who, on or after March 26, 1941, has become a resident domiciled in this state under the provisions of the common law of the state or of § 9-12-307 shall not be required to make a declaration as provided in this chapter.

(1) No resident domiciled in the State of Arkansas in conformity with the law in force at the date of the declaration who has declared his or her intention to become a resident domiciled in this state shall be required to renew the declaration.

(2) Any person who, on or after March 26, 1941, has become a resident domiciled in this state under the provisions of the common law of the state or of § 9-12-307 shall not be required to make a declaration as provided in this chapter.

Acts 1941, No. 355, §§ 10, 12; A.S.A. 1947, §§ 34-1310, 34-1312
Ark. Code Ann. § 9-26-303 — AR Code / Title 9 / Chapter 26 / Subchapter 3 / Section 9-26-303
Disaffirmation of transaction by minor
Status: in_force

A minor, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, third-party, or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, third-party, or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third-party, or transfer agent had actual knowledge of the minority of the holder. Acts 1963, No. 530, § 3; A.S.A. 1947, § 50-924

A minor, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, third-party, or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, third-party, or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third-party, or transfer agent had actual knowledge of the minority of the holder.

Acts 1963, No. 530, § 3; A.S.A. 1947, § 50-924
Ark. Code Ann. § 9-28-408 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-408
Church-related exemption - Definition
Status: in_force

(a) (1) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a child welfare agency shall be exempt from obtaining a license to operate the facility by the receipt by the Child Welfare Agency Review Board of written request therefor, together with the written verifications required in subsection (b) of this section. (2) A written request shall be made by those churches desiring exemption to the board, which is mandated under the authority of this subchapter to license all child welfare agencies. (b) (1) In order to maintain an exempt status, the child welfare agency shall state every two (2) years in written form signed by the persons in charge that the agency has met the fire, safety, and health inspections and is in substantial compliance with published standards that similar nonexempt child welfare agencies are required to meet. (2) Visits to review and advise exempt agencies shall be made as deemed necessary by the board to verify and maintain substantial compliance with all published standards for nonexempt agencies. (3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child are not endangered. (c) (1) Any questions of substantial compliance with the published standards shall be reviewed by the board. (2) Final administrative actions of the board shall be pursued by either party in the court of competent jurisdiction in the resident county of the facility under review. (3) Challenge to the constitutionality or reasonableness of any rule or statute may be made prior to any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) As used in this section, the term "substantial compliance" and the term "is being operated in accordance with this subchapter" shall each mean that a church-operated exempt or a nonexempt child welfare agency is being operated within the minimum requirements for substantial compliance as promulgated by the board. (2) It is the intent and purpose of this section that the term "substantial compliance" be applicable to all child welfare agencies. Amended by Act 2019, No. 315,§ 731, eff. 7/24/2019. Acts 1997, No. 1041, § 8

(a) (1) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a child welfare agency shall be exempt from obtaining a license to operate the facility by the receipt by the Child Welfare Agency Review Board of written request therefor, together with the written verifications required in subsection (b) of this section. (2) A written request shall be made by those churches desiring exemption to the board, which is mandated under the authority of this subchapter to license all child welfare agencies.

(1) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., when operating a child welfare agency shall be exempt from obtaining a license to operate the facility by the receipt by the Child Welfare Agency Review Board of written request therefor, together with the written verifications required in subsection (b) of this section.

(2) A written request shall be made by those churches desiring exemption to the board, which is mandated under the authority of this subchapter to license all child welfare agencies.

(b) (1) In order to maintain an exempt status, the child welfare agency shall state every two (2) years in written form signed by the persons in charge that the agency has met the fire, safety, and health inspections and is in substantial compliance with published standards that similar nonexempt child welfare agencies are required to meet. (2) Visits to review and advise exempt agencies shall be made as deemed necessary by the board to verify and maintain substantial compliance with all published standards for nonexempt agencies. (3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child are not endangered.

(1) In order to maintain an exempt status, the child welfare agency shall state every two (2) years in written form signed by the persons in charge that the agency has met the fire, safety, and health inspections and is in substantial compliance with published standards that similar nonexempt child welfare agencies are required to meet.

(2) Visits to review and advise exempt agencies shall be made as deemed necessary by the board to verify and maintain substantial compliance with all published standards for nonexempt agencies.

(3) Standards for substantial compliance shall not include those of a religious or curriculum nature so long as the health, safety, and welfare of the child are not endangered.

(c) (1) Any questions of substantial compliance with the published standards shall be reviewed by the board. (2) Final administrative actions of the board shall be pursued by either party in the court of competent jurisdiction in the resident county of the facility under review. (3) Challenge to the constitutionality or reasonableness of any rule or statute may be made prior to any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Any questions of substantial compliance with the published standards shall be reviewed by the board.

(2) Final administrative actions of the board shall be pursued by either party in the court of competent jurisdiction in the resident county of the facility under review.

(3) Challenge to the constitutionality or reasonableness of any rule or statute may be made prior to any appeal under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) (1) As used in this section, the term "substantial compliance" and the term "is being operated in accordance with this subchapter" shall each mean that a church-operated exempt or a nonexempt child welfare agency is being operated within the minimum requirements for substantial compliance as promulgated by the board. (2) It is the intent and purpose of this section that the term "substantial compliance" be applicable to all child welfare agencies.

(1) As used in this section, the term "substantial compliance" and the term "is being operated in accordance with this subchapter" shall each mean that a church-operated exempt or a nonexempt child welfare agency is being operated within the minimum requirements for substantial compliance as promulgated by the board.

(2) It is the intent and purpose of this section that the term "substantial compliance" be applicable to all child welfare agencies.

Amended by Act 2019, No. 315,§ 731, eff. 7/24/2019.

Acts 1997, No. 1041, § 8
Ark. Code Ann. § 9-11-406 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-406
Enforcement
Status: in_force

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (ii) did not voluntarily and expressly waive after consulting with legal counsel, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. (b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one (1) party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. (c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. Acts 1987, No. 715, § 6

(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (ii) did not voluntarily and expressly waive after consulting with legal counsel, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(1) that party did not execute the agreement voluntarily; or

(2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (ii) did not voluntarily and expressly waive after consulting with legal counsel, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(i) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(ii) did not voluntarily and expressly waive after consulting with legal counsel, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one (1) party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.

Acts 1987, No. 715, § 6
Ark. Code Ann. § 9-27-334 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-334
Disposition - Dependent-neglected - Generally
Status: in_force

(a) If a juvenile is found to be dependent-neglected, the circuit court may enter an order making any of the following dispositions: (1) Order family services; (2) (A) If it is in the best interest of the juvenile, transfer custody of the juvenile to the Department of Human Services, to another licensed agency responsible for the care of juveniles, or to a relative or other individual. (B) If the court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined at § 9-28-402 . (C) A juvenile in the custody of the department is "awaiting foster care placement", as that term is used in the definition of "homeless children and youths" in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2) , if the juvenile: (i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days; (ii) Is transferred to an emergency placement to protect the juvenile's health or welfare; (iii) Is placed in a provisional foster home as defined by § 9-28-402 ; (iv) Has experienced three (3) or more placements within a twelve-month period; or (v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111 ; (3) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-ordered parental responsibility training program, if available, and participate in a juvenile drug court program. (B) The court may make reasonable orders requiring proof of completion of such a training program within a certain time period and payment of a fee covering the cost of the training program; (4) Determine the most appropriate goal of the case; and (5) Order that the parent, both parents, or the guardian or custodian of the juvenile participate in a family treatment specialty court program under § 9-27-801 et seq., if available. (b) Such an order of custody shall supersede an existing court order of custody and shall remain in full force and effect until a subsequent order of custody is entered by a court of competent jurisdiction. (c) The court may provide that any violation of its orders shall subject any party in violation to contempt sanctions. Amended by Act 2023, No. 61,§ 2, eff. 8/1/2023. Amended by Act 2015, No. 1094,§ 6, eff. 7/22/2015 Amended by Act 2015, No. 825,§ 3, eff. 7/22/2015 Amended by Act 2015, No. 825,§ 2, eff. 7/22/2015 Acts 1989, No. 273, § 33; 1993, No. 1227, § 2; 1995, No. 533, § 11; 1995, No. 779, § 4; 1995, No. 1335, § 3; 1995, No. 1337, § 7; 1999, No. 401, § 10; 1999, No. 1340, § 21; 2001, No. 1503, § 10; 2003, No. 1319, § 21; 2003, No. 1809, § 11; 2005, No. 1990, § 15; 2007, No. 587, § 19; 2007, No. 1022, § 2

(a) If a juvenile is found to be dependent-neglected, the circuit court may enter an order making any of the following dispositions: (1) Order family services; (2) (A) If it is in the best interest of the juvenile, transfer custody of the juvenile to the Department of Human Services, to another licensed agency responsible for the care of juveniles, or to a relative or other individual. (B) If the court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined at § 9-28-402 . (C) A juvenile in the custody of the department is "awaiting foster care placement", as that term is used in the definition of "homeless children and youths" in the McKinney-Vento Homeless Assistance Act, 42 U.S.C. § 11434a(2) , if the juvenile: (i) Is placed in a shelter, facility, or other short-term placement with a plan of moving the juvenile within ninety (90) days; (ii) Is transferred to an emergency placement to protect the juvenile's health or welfare; (iii) Is placed in a provisional foster home as defined by § 9-28-402 ; (iv) Has experienced three (3) or more placements within a twelve-month period; or (v) Is placed in a regular foster home or other placement that is not directly related to the permanency goal identified in the case plan required under § 9-28-111 ; (3) (A) Order that the parent, both parents, or the guardian of the juvenile attend a court-ordered parental responsibility training program, if available, and participate in a juvenile drug court program. (B) The court may make reasonable orders requiring proof of completion of such a training program within a certain time period and payment of a fee covering the cost of the training program; (4) Determine the most appropriate goal of the case; and (5) Order that the parent, both parents, or the guardian or custodian of the juvenile participate in a family treatment specialty court program under § 9-27-801 et seq., if available.

(1) Order family services;

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

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

(B) If the court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined at § 9-28-402 .

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

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

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

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

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

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

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

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

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

(4) Determine the most appropriate goal of the case; and

(5) Order that the parent, both parents, or the guardian or custodian of the juvenile participate in a family treatment specialty court program under § 9-27-801 et seq., if available.

(b) Such an order of custody shall supersede an existing court order of custody and shall remain in full force and effect until a subsequent order of custody is entered by a court of competent jurisdiction.

(c) The court may provide that any violation of its orders shall subject any party in violation to contempt sanctions.

Amended by Act 2023, No. 61,§ 2, eff. 8/1/2023.

Amended by Act 2015, No. 1094,§ 6, eff. 7/22/2015

Amended by Act 2015, No. 825,§ 3, eff. 7/22/2015

Amended by Act 2015, No. 825,§ 2, eff. 7/22/2015

Acts 1989, No. 273, § 33; 1993, No. 1227, § 2; 1995, No. 533, § 11; 1995, No. 779, § 4; 1995, No. 1335, § 3; 1995, No. 1337, § 7; 1999, No. 401, § 10; 1999, No. 1340, § 21; 2001, No. 1503, § 10; 2003, No. 1319, § 21; 2003, No. 1809, § 11; 2005, No. 1990, § 15; 2007, No. 587, § 19; 2007, No. 1022, § 2
Ark. Code Ann. § 9-20-120 — AR Code / Title 9 / Chapter 20 / Section 9-20-120
Duties and responsibilities of custodian
Status: in_force

(a) (1) If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall: (A) Secure care and maintenance for the person; (B) Honor any advance directives, such as living wills, if the legal documents were executed in conformity with applicable laws; and (C) Find a person to be guardian of the estate of the adult if a guardian of the estate is needed. (2) If the court appoints the department as the legal custodian of a maltreated adult on an emergency, temporary, or long-term basis, the department may: (A) Consent to medical care for the adult; (B) Obtain physical or psychological evaluations; (C) Obtain medical, financial, and other records of the adult; and (D) Obtain or view financial information of the adult that is maintained by a bank or similar institution. (b) The department as custodian shall not make any of the following decisions without receiving express court approval: (1) Consent to abortion, sterilization, psychosurgery, or removal of bodily organs unless a procedure is necessary in a situation threatening the life of the maltreated adult; (2) Consent to withholding life-saving treatment; (3) Authorization of experimental medical procedures; (4) Authorization of termination of parental rights; (5) Prohibition of the adult from voting; (6) Prohibition of the adult from obtaining a driver's license; (7) Consent to a settlement or compromise of any claim by or against the adult or his or her estate; (8) Consent to the liquidation of assets of the adult through such activities as an estate sale; (9) Consent to amputation of any part of the body unless a procedure is necessary in a situation threatening the life of the maltreated adult; or (10) Consent to withholding life-sustaining treatment. (c) (1) Upon the death of a person in the custody of the department, the department shall abide by a prior arrangement made by the person for the disposition of the person's body. (2) If prior arrangements were not made: (A) The department may request the court to grant authority to the department to use funds or resources of the deceased person as to the disposition of the body; or (B) Upon consent from the person's closest family member or after notice and the opportunity to be heard by the court, the department may consent to donate the person's body to medical science. (3) The department is not responsible for any costs related to the disposition of the person's body. Amended by Act 2019, No. 326,§ 2, eff. 7/24/2019. Acts 2005, No. 1811, § 1; 2009, No. 526, § 9; 2011, No. 206, § 5

(a) (1) If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall: (A) Secure care and maintenance for the person; (B) Honor any advance directives, such as living wills, if the legal documents were executed in conformity with applicable laws; and (C) Find a person to be guardian of the estate of the adult if a guardian of the estate is needed. (2) If the court appoints the department as the legal custodian of a maltreated adult on an emergency, temporary, or long-term basis, the department may: (A) Consent to medical care for the adult; (B) Obtain physical or psychological evaluations; (C) Obtain medical, financial, and other records of the adult; and (D) Obtain or view financial information of the adult that is maintained by a bank or similar institution.

(1) If the probate division of circuit court appoints the Department of Human Services as the legal custodian of a maltreated adult, the department shall: (A) Secure care and maintenance for the person; (B) Honor any advance directives, such as living wills, if the legal documents were executed in conformity with applicable laws; and (C) Find a person to be guardian of the estate of the adult if a guardian of the estate is needed.

(A) Secure care and maintenance for the person;

(B) Honor any advance directives, such as living wills, if the legal documents were executed in conformity with applicable laws; and

(C) Find a person to be guardian of the estate of the adult if a guardian of the estate is needed.

(2) If the court appoints the department as the legal custodian of a maltreated adult on an emergency, temporary, or long-term basis, the department may: (A) Consent to medical care for the adult; (B) Obtain physical or psychological evaluations; (C) Obtain medical, financial, and other records of the adult; and (D) Obtain or view financial information of the adult that is maintained by a bank or similar institution.

(A) Consent to medical care for the adult;

(B) Obtain physical or psychological evaluations;

(C) Obtain medical, financial, and other records of the adult; and

(D) Obtain or view financial information of the adult that is maintained by a bank or similar institution.

(b) The department as custodian shall not make any of the following decisions without receiving express court approval: (1) Consent to abortion, sterilization, psychosurgery, or removal of bodily organs unless a procedure is necessary in a situation threatening the life of the maltreated adult; (2) Consent to withholding life-saving treatment; (3) Authorization of experimental medical procedures; (4) Authorization of termination of parental rights; (5) Prohibition of the adult from voting; (6) Prohibition of the adult from obtaining a driver's license; (7) Consent to a settlement or compromise of any claim by or against the adult or his or her estate; (8) Consent to the liquidation of assets of the adult through such activities as an estate sale; (9) Consent to amputation of any part of the body unless a procedure is necessary in a situation threatening the life of the maltreated adult; or (10) Consent to withholding life-sustaining treatment.

(1) Consent to abortion, sterilization, psychosurgery, or removal of bodily organs unless a procedure is necessary in a situation threatening the life of the maltreated adult;

(2) Consent to withholding life-saving treatment;

(3) Authorization of experimental medical procedures;

(4) Authorization of termination of parental rights;

(5) Prohibition of the adult from voting;

(6) Prohibition of the adult from obtaining a driver's license;

(7) Consent to a settlement or compromise of any claim by or against the adult or his or her estate;

(8) Consent to the liquidation of assets of the adult through such activities as an estate sale;

(9) Consent to amputation of any part of the body unless a procedure is necessary in a situation threatening the life of the maltreated adult; or

(10) Consent to withholding life-sustaining treatment.

(c) (1) Upon the death of a person in the custody of the department, the department shall abide by a prior arrangement made by the person for the disposition of the person's body. (2) If prior arrangements were not made: (A) The department may request the court to grant authority to the department to use funds or resources of the deceased person as to the disposition of the body; or (B) Upon consent from the person's closest family member or after notice and the opportunity to be heard by the court, the department may consent to donate the person's body to medical science. (3) The department is not responsible for any costs related to the disposition of the person's body.

(1) Upon the death of a person in the custody of the department, the department shall abide by a prior arrangement made by the person for the disposition of the person's body.

(2) If prior arrangements were not made: (A) The department may request the court to grant authority to the department to use funds or resources of the deceased person as to the disposition of the body; or (B) Upon consent from the person's closest family member or after notice and the opportunity to be heard by the court, the department may consent to donate the person's body to medical science.

(A) The department may request the court to grant authority to the department to use funds or resources of the deceased person as to the disposition of the body; or

(B) Upon consent from the person's closest family member or after notice and the opportunity to be heard by the court, the department may consent to donate the person's body to medical science.

(3) The department is not responsible for any costs related to the disposition of the person's body.

Amended by Act 2019, No. 326,§ 2, eff. 7/24/2019.

Acts 2005, No. 1811, § 1; 2009, No. 526, § 9; 2011, No. 206, § 5
Ark. Code Ann. § 9-27-702 — AR Code / Title 9 / Chapter 27 / Subchapter 7 / Section 9-27-702
Definitions
Status: in_force

As used in this subchapter, "parent" means the same as under § 9-27-303 , and "parent" also includes a guardian as defined under § 9-27-303 and a custodian as defined under § 9-27-303 . Added by Act 2017, No. 861,§ 6, eff. 8/1/2017

As used in this subchapter, "parent" means the same as under § 9-27-303 , and "parent" also includes a guardian as defined under § 9-27-303 and a custodian as defined under § 9-27-303 .

Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Ark. Code Ann. § 9-28-205 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-205
Youth services centers
Status: in_force

(a) The physical facilities and programs at each of the youth services centers shall be designed and developed to be particularly suitable for the physical custody, care, education, and rehabilitation of youths of particular classifications. (b) In classifying and committing youths to the various centers and facilities, the Division of Youth Services shall take into consideration a youth's age, sex, physical condition, mental attitude and capacity, prognosis for rehabilitation, the seriousness of the committing offense, and such other criteria as the Division of Youth Services shall determine. (c) (1) (A) The Division of Youth Services shall establish a system of education that shall conform to the guidelines established by the Division of Elementary and Secondary Education. (B) The Division of Elementary and Secondary Education shall establish guidelines for the Division of Youth Services' system of education. (C) (i) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall conduct an education program assessment of each Division of Youth Services facility and provide a written report of assessment findings to the Division of Youth Services. (ii) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall submit a corrective action plan for each Division of Youth Services facility to the Director of the Division of Youth Services, if needed. (iii) The Division of Elementary and Secondary Education shall monitor the Division of Youth Services' system of education to ensure that the guidelines established by the Division of Elementary and Secondary Education are satisfied by the Division of Youth Services' system of education. (2) A student enrolled in the Division of Youth Services' system of education shall receive credit for courses that meet the guidelines established by the Division of Elementary and Secondary Education. (3) Course credits and promotions received by a student enrolled in the Division of Youth Services' system of education shall be considered transferable in the same manner as those course credits and promotions from other educational entities. (4) (A) A student's home school district or the school district in which the Division of Youth Services facility is located may issue a diploma for a student who successfully completes the graduation requirements of the school district. (B) If neither a student's home school district nor the school district in which the Division of Youth Services facility is located is able to issue a diploma, then the Department of Human Services is authorized to issue a diploma to a student who successfully completes the requirements of the Division of Youth Services' system of education. (5) The Division of Youth Services is authorized to contract for services, or hire staff, teachers, and other personnel as necessary to carry out the provisions of this section subject to the following requirements: (A) A teacher employed in the Division of Youth Services' system of education shall hold a valid Arkansas teacher's license in the appropriate area of instruction, unless the teacher participates in an additional licensure plan for the appropriate area of instruction at the time of employment; (B) Staff, teachers, and other personnel employed by the Division of Youth Services' system of education shall be eligible for membership in the Arkansas Teacher Retirement System and shall earn credited service for employment; and (C) The Division of Youth Services' system of education shall compensate teachers in accordance with the minimum teacher salary schedule set forth in § 6-17-2403 . (d) The Division of Youth Services, the Division of Elementary and Secondary Education, and the Division of Career and Technical Education shall work collaboratively to prepare courses of study for the Division of Youth Services' system of education, including courses in career and technical education suited to the age and capacity of the youths. (e) The Department of Human Services, the Division of Elementary and Secondary Education, and the Division of Career and Technical Education may promulgate rules as necessary to administer the requirements of this section. (f) The Department of Human Services and the Division of Elementary and Secondary Education shall report annually, beginning on March 1, 2010, to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and to the Senate Interim Committee on Children and Youth on the state of the Division of Youth Services' system of education. Amended by Act 2019, No. 910,§ 2201, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2200, eff. 7/1/2019. Acts 1995, No. 1261, § 5; 2009, No. 956, § 28; 2009, No. 972, § 2

(a) The physical facilities and programs at each of the youth services centers shall be designed and developed to be particularly suitable for the physical custody, care, education, and rehabilitation of youths of particular classifications.

(b) In classifying and committing youths to the various centers and facilities, the Division of Youth Services shall take into consideration a youth's age, sex, physical condition, mental attitude and capacity, prognosis for rehabilitation, the seriousness of the committing offense, and such other criteria as the Division of Youth Services shall determine.

(c) (1) (A) The Division of Youth Services shall establish a system of education that shall conform to the guidelines established by the Division of Elementary and Secondary Education. (B) The Division of Elementary and Secondary Education shall establish guidelines for the Division of Youth Services' system of education. (C) (i) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall conduct an education program assessment of each Division of Youth Services facility and provide a written report of assessment findings to the Division of Youth Services. (ii) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall submit a corrective action plan for each Division of Youth Services facility to the Director of the Division of Youth Services, if needed. (iii) The Division of Elementary and Secondary Education shall monitor the Division of Youth Services' system of education to ensure that the guidelines established by the Division of Elementary and Secondary Education are satisfied by the Division of Youth Services' system of education. (2) A student enrolled in the Division of Youth Services' system of education shall receive credit for courses that meet the guidelines established by the Division of Elementary and Secondary Education. (3) Course credits and promotions received by a student enrolled in the Division of Youth Services' system of education shall be considered transferable in the same manner as those course credits and promotions from other educational entities. (4) (A) A student's home school district or the school district in which the Division of Youth Services facility is located may issue a diploma for a student who successfully completes the graduation requirements of the school district. (B) If neither a student's home school district nor the school district in which the Division of Youth Services facility is located is able to issue a diploma, then the Department of Human Services is authorized to issue a diploma to a student who successfully completes the requirements of the Division of Youth Services' system of education. (5) The Division of Youth Services is authorized to contract for services, or hire staff, teachers, and other personnel as necessary to carry out the provisions of this section subject to the following requirements: (A) A teacher employed in the Division of Youth Services' system of education shall hold a valid Arkansas teacher's license in the appropriate area of instruction, unless the teacher participates in an additional licensure plan for the appropriate area of instruction at the time of employment; (B) Staff, teachers, and other personnel employed by the Division of Youth Services' system of education shall be eligible for membership in the Arkansas Teacher Retirement System and shall earn credited service for employment; and (C) The Division of Youth Services' system of education shall compensate teachers in accordance with the minimum teacher salary schedule set forth in § 6-17-2403 .

(1) (A) The Division of Youth Services shall establish a system of education that shall conform to the guidelines established by the Division of Elementary and Secondary Education. (B) The Division of Elementary and Secondary Education shall establish guidelines for the Division of Youth Services' system of education. (C) (i) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall conduct an education program assessment of each Division of Youth Services facility and provide a written report of assessment findings to the Division of Youth Services. (ii) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall submit a corrective action plan for each Division of Youth Services facility to the Director of the Division of Youth Services, if needed. (iii) The Division of Elementary and Secondary Education shall monitor the Division of Youth Services' system of education to ensure that the guidelines established by the Division of Elementary and Secondary Education are satisfied by the Division of Youth Services' system of education.

(A) The Division of Youth Services shall establish a system of education that shall conform to the guidelines established by the Division of Elementary and Secondary Education.

(B) The Division of Elementary and Secondary Education shall establish guidelines for the Division of Youth Services' system of education.

(C) (i) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall conduct an education program assessment of each Division of Youth Services facility and provide a written report of assessment findings to the Division of Youth Services. (ii) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall submit a corrective action plan for each Division of Youth Services facility to the Director of the Division of Youth Services, if needed. (iii) The Division of Elementary and Secondary Education shall monitor the Division of Youth Services' system of education to ensure that the guidelines established by the Division of Elementary and Secondary Education are satisfied by the Division of Youth Services' system of education.

(i) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall conduct an education program assessment of each Division of Youth Services facility and provide a written report of assessment findings to the Division of Youth Services.

(ii) The Division of Youth Services, with the support and assistance of the Division of Elementary and Secondary Education, shall submit a corrective action plan for each Division of Youth Services facility to the Director of the Division of Youth Services, if needed.

(iii) The Division of Elementary and Secondary Education shall monitor the Division of Youth Services' system of education to ensure that the guidelines established by the Division of Elementary and Secondary Education are satisfied by the Division of Youth Services' system of education.

(2) A student enrolled in the Division of Youth Services' system of education shall receive credit for courses that meet the guidelines established by the Division of Elementary and Secondary Education.

(3) Course credits and promotions received by a student enrolled in the Division of Youth Services' system of education shall be considered transferable in the same manner as those course credits and promotions from other educational entities.

(4) (A) A student's home school district or the school district in which the Division of Youth Services facility is located may issue a diploma for a student who successfully completes the graduation requirements of the school district. (B) If neither a student's home school district nor the school district in which the Division of Youth Services facility is located is able to issue a diploma, then the Department of Human Services is authorized to issue a diploma to a student who successfully completes the requirements of the Division of Youth Services' system of education.

(A) A student's home school district or the school district in which the Division of Youth Services facility is located may issue a diploma for a student who successfully completes the graduation requirements of the school district.

(B) If neither a student's home school district nor the school district in which the Division of Youth Services facility is located is able to issue a diploma, then the Department of Human Services is authorized to issue a diploma to a student who successfully completes the requirements of the Division of Youth Services' system of education.

(5) The Division of Youth Services is authorized to contract for services, or hire staff, teachers, and other personnel as necessary to carry out the provisions of this section subject to the following requirements: (A) A teacher employed in the Division of Youth Services' system of education shall hold a valid Arkansas teacher's license in the appropriate area of instruction, unless the teacher participates in an additional licensure plan for the appropriate area of instruction at the time of employment; (B) Staff, teachers, and other personnel employed by the Division of Youth Services' system of education shall be eligible for membership in the Arkansas Teacher Retirement System and shall earn credited service for employment; and (C) The Division of Youth Services' system of education shall compensate teachers in accordance with the minimum teacher salary schedule set forth in § 6-17-2403 .

(A) A teacher employed in the Division of Youth Services' system of education shall hold a valid Arkansas teacher's license in the appropriate area of instruction, unless the teacher participates in an additional licensure plan for the appropriate area of instruction at the time of employment;

(B) Staff, teachers, and other personnel employed by the Division of Youth Services' system of education shall be eligible for membership in the Arkansas Teacher Retirement System and shall earn credited service for employment; and

(C) The Division of Youth Services' system of education shall compensate teachers in accordance with the minimum teacher salary schedule set forth in § 6-17-2403 .

(d) The Division of Youth Services, the Division of Elementary and Secondary Education, and the Division of Career and Technical Education shall work collaboratively to prepare courses of study for the Division of Youth Services' system of education, including courses in career and technical education suited to the age and capacity of the youths.

(e) The Department of Human Services, the Division of Elementary and Secondary Education, and the Division of Career and Technical Education may promulgate rules as necessary to administer the requirements of this section.

(f) The Department of Human Services and the Division of Elementary and Secondary Education shall report annually, beginning on March 1, 2010, to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and to the Senate Interim Committee on Children and Youth on the state of the Division of Youth Services' system of education.

Amended by Act 2019, No. 910,§ 2201, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2200, eff. 7/1/2019.

Acts 1995, No. 1261, § 5; 2009, No. 956, § 28; 2009, No. 972, § 2
Ark. Code Ann. § 9-28-901 — AR Code / Title 9 / Chapter 28 / Subchapter 9 / Section 9-28-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Foster Parent Support Act of 2007". Acts 2007, No. 725, § 1

This subchapter shall be known and may be cited as the "Foster Parent Support Act of 2007".

Acts 2007, No. 725, § 1
Ark. Code Ann. § 9-9-224 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-224
Child born to unmarried mother
Status: in_force

In all cases involving a child born to a mother unmarried at the time of the child's birth, the following procedure shall apply: (a) Upon filing of the petition for adoption and prior to the entry of a decree for adoption a certified statement shall be obtained from the Putative Father Registry stating: (1) The information contained in the registry in regard to the child who is the subject of the adoption; or (2) That no information is contained in the registry at the time the petition for adoption was filed. (b) When information concerning the child is contained in the registry at the time of the filing of the petition for adoption, notice of the adoption proceedings shall be served on the registrant unless waived by the registrant in writing signed before a notary public. All confidential information regarding the adoptive parents and the child to be adopted shall be removed from the notice prior to being served to the registrant. Service of notice under this section shall be given in accordance with the Arkansas Rules of Civil Procedure, except that notice by publication shall not be required. (c) Upon receipt of notice, the registrant, if he wishes to appear and be heard, shall file a responsive pleading within the time limits set in the Arkansas Rules of Civil Procedure. (d) This section does not apply to an adoption when: (1) An order terminating the rights of the minor's parents has been entered by a court of competent jurisdiction in this or any other state before the filing of the petition for adoption, regardless of whether the parents consented to termination of parental rights; or (2) The minor was adopted in a separate adoption proceeding before the filing of the current petition for adoption. Amended by Act 2023, No. 639,§ 7, eff. 8/1/2023. Acts 1989, No. 496, § 7; 1999, No. 1229, § 1

In all cases involving a child born to a mother unmarried at the time of the child's birth, the following procedure shall apply:

(a) Upon filing of the petition for adoption and prior to the entry of a decree for adoption a certified statement shall be obtained from the Putative Father Registry stating: (1) The information contained in the registry in regard to the child who is the subject of the adoption; or (2) That no information is contained in the registry at the time the petition for adoption was filed.

(1) The information contained in the registry in regard to the child who is the subject of the adoption; or

(2) That no information is contained in the registry at the time the petition for adoption was filed.

(b) When information concerning the child is contained in the registry at the time of the filing of the petition for adoption, notice of the adoption proceedings shall be served on the registrant unless waived by the registrant in writing signed before a notary public. All confidential information regarding the adoptive parents and the child to be adopted shall be removed from the notice prior to being served to the registrant. Service of notice under this section shall be given in accordance with the Arkansas Rules of Civil Procedure, except that notice by publication shall not be required.

(c) Upon receipt of notice, the registrant, if he wishes to appear and be heard, shall file a responsive pleading within the time limits set in the Arkansas Rules of Civil Procedure.

(d) This section does not apply to an adoption when: (1) An order terminating the rights of the minor's parents has been entered by a court of competent jurisdiction in this or any other state before the filing of the petition for adoption, regardless of whether the parents consented to termination of parental rights; or (2) The minor was adopted in a separate adoption proceeding before the filing of the current petition for adoption.

(1) An order terminating the rights of the minor's parents has been entered by a court of competent jurisdiction in this or any other state before the filing of the petition for adoption, regardless of whether the parents consented to termination of parental rights; or

(2) The minor was adopted in a separate adoption proceeding before the filing of the current petition for adoption.

Amended by Act 2023, No. 639,§ 7, eff. 8/1/2023.

Acts 1989, No. 496, § 7; 1999, No. 1229, § 1
Ark. Code Ann. § 9-29-207 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-207
Courts authorized to place children in other states pursuant to this compact
Status: in_force

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof. Acts 1979, No. 677, § 7; A.S.A. 1947, § 83-1207

Any court having jurisdiction to place delinquent children may place such a child in an institution in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.

Acts 1979, No. 677, § 7; A.S.A. 1947, § 83-1207
Ark. Code Ann. § 9-26-207 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-207
Transfer by obligor
Status: in_force

(a) Subject to subsections (b) and (c) of this section, a person not subject to § 9-26-205 or § 9-26-206 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 9-26-209 . (b) If a person having the right to do so under § 9-26-203 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person. (c) (1) If a custodian has not been nominated under § 9-26-203 , or all nominated custodians die before the transfer or are unable, decline, or are ineligible to serve as a custodian, a transfer under this section may be made on behalf of a minor beneficiary to the minor beneficiary's parent or legal guardian, or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value except as provided under subdivision (c)(2) of this section. (2) A survivor benefit due to a minor by the Arkansas Teacher Retirement System under § 24-7-710(c) may be paid on behalf of a minor beneficiary to the minor beneficiary's parent, legal guardian, or legal custodian or to a trust company unless the value of the survivor benefit exceeds twenty thousand dollars ($20,000) per year. (3) The Arkansas Teacher Retirement System is not liable for any misuse of funds paid on behalf of a minor beneficiary to a minor beneficiary's parent, legal guardian, or legal custodian under subdivision (c)(2) of this section. Amended by Act 2013, No. 174,§ 1, eff. 8/16/2013 Acts 1985, No. 476, § 7; A.S.A. 1947, § 50-940

(a) Subject to subsections (b) and (c) of this section, a person not subject to § 9-26-205 or § 9-26-206 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 9-26-209 .

(b) If a person having the right to do so under § 9-26-203 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

(c) (1) If a custodian has not been nominated under § 9-26-203 , or all nominated custodians die before the transfer or are unable, decline, or are ineligible to serve as a custodian, a transfer under this section may be made on behalf of a minor beneficiary to the minor beneficiary's parent or legal guardian, or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value except as provided under subdivision (c)(2) of this section. (2) A survivor benefit due to a minor by the Arkansas Teacher Retirement System under § 24-7-710(c) may be paid on behalf of a minor beneficiary to the minor beneficiary's parent, legal guardian, or legal custodian or to a trust company unless the value of the survivor benefit exceeds twenty thousand dollars ($20,000) per year. (3) The Arkansas Teacher Retirement System is not liable for any misuse of funds paid on behalf of a minor beneficiary to a minor beneficiary's parent, legal guardian, or legal custodian under subdivision (c)(2) of this section.

(1) If a custodian has not been nominated under § 9-26-203 , or all nominated custodians die before the transfer or are unable, decline, or are ineligible to serve as a custodian, a transfer under this section may be made on behalf of a minor beneficiary to the minor beneficiary's parent or legal guardian, or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value except as provided under subdivision (c)(2) of this section.

(2) A survivor benefit due to a minor by the Arkansas Teacher Retirement System under § 24-7-710(c) may be paid on behalf of a minor beneficiary to the minor beneficiary's parent, legal guardian, or legal custodian or to a trust company unless the value of the survivor benefit exceeds twenty thousand dollars ($20,000) per year.

(3) The Arkansas Teacher Retirement System is not liable for any misuse of funds paid on behalf of a minor beneficiary to a minor beneficiary's parent, legal guardian, or legal custodian under subdivision (c)(2) of this section.

Amended by Act 2013, No. 174,§ 1, eff. 8/16/2013

Acts 1985, No. 476, § 7; A.S.A. 1947, § 50-940
Ark. Code Ann. § 9-11-603 — AR Code / Title 9 / Chapter 11 / Subchapter 6 / Section 9-11-603
Sale of real estate free of dower or curtesy - Order and deposit
Status: in_force

(a) Upon the hearing of the petition, if the court deems it to be in the best interest of the parties that the land be sold, it may make an order that the plaintiff may sell the land free and discharged and unencumbered of the right of dower or curtesy, as the case may be. (b) In every such order, the court shall adjudge as part of the order that before the sale shall become effective, the petitioner or his or her grantee shall deposit into the registry of the court, in cash, one-third (1/3) of the purchase price of the lands to be disposed of as provided in this section. In all such sales, the sale shall be reported to the circuit court and the sale approved thereby. (c) (1) The deposit of one-third (1/3) of the purchase price of the land shall be held in trust by the clerk of the court and loaned out by him or her under the order of the court from time to time at the highest obtainable rate of interest, upon security to be approved by the court or judge in vacation. The clerk shall be responsible therefor on his or her official bond. (2) The interest on the money shall be paid over annually to the plaintiff. However, the court may make, upon application, of which the plaintiff shall be notified, and on reasonable showing, reasonable allowance out of the interest from time to time for the support of the defendant. (d) (1) Should the insane defendant be survived by the plaintiff, the deposit shall be paid over to the plaintiff upon the plaintiff's application to the court. If the plaintiff survives the defendant but dies before an order of the court is actually made to pay the moneys over to the plaintiff, then the moneys shall descend to the plaintiff's heirs at law as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court. (2) In the event that the plaintiff is survived by the defendant, the interest accruing on the deposit shall be paid over to the defendant only during the defendant's natural life. At the defendant's death the deposit shall descend to the heirs at law of the plaintiff as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court. Acts 1905, No. 337, §§ 2-5, p. 794; C. & M. Dig., §§ 3562-3565; Pope's Dig., §§ 4448-4451; Acts 1981, No. 714, §§ 11-13; A.S.A. 1947, §§ 59-702 -- 59-705

(a) Upon the hearing of the petition, if the court deems it to be in the best interest of the parties that the land be sold, it may make an order that the plaintiff may sell the land free and discharged and unencumbered of the right of dower or curtesy, as the case may be.

(b) In every such order, the court shall adjudge as part of the order that before the sale shall become effective, the petitioner or his or her grantee shall deposit into the registry of the court, in cash, one-third (1/3) of the purchase price of the lands to be disposed of as provided in this section. In all such sales, the sale shall be reported to the circuit court and the sale approved thereby.

(c) (1) The deposit of one-third (1/3) of the purchase price of the land shall be held in trust by the clerk of the court and loaned out by him or her under the order of the court from time to time at the highest obtainable rate of interest, upon security to be approved by the court or judge in vacation. The clerk shall be responsible therefor on his or her official bond. (2) The interest on the money shall be paid over annually to the plaintiff. However, the court may make, upon application, of which the plaintiff shall be notified, and on reasonable showing, reasonable allowance out of the interest from time to time for the support of the defendant.

(1) The deposit of one-third (1/3) of the purchase price of the land shall be held in trust by the clerk of the court and loaned out by him or her under the order of the court from time to time at the highest obtainable rate of interest, upon security to be approved by the court or judge in vacation. The clerk shall be responsible therefor on his or her official bond.

(2) The interest on the money shall be paid over annually to the plaintiff. However, the court may make, upon application, of which the plaintiff shall be notified, and on reasonable showing, reasonable allowance out of the interest from time to time for the support of the defendant.

(d) (1) Should the insane defendant be survived by the plaintiff, the deposit shall be paid over to the plaintiff upon the plaintiff's application to the court. If the plaintiff survives the defendant but dies before an order of the court is actually made to pay the moneys over to the plaintiff, then the moneys shall descend to the plaintiff's heirs at law as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court. (2) In the event that the plaintiff is survived by the defendant, the interest accruing on the deposit shall be paid over to the defendant only during the defendant's natural life. At the defendant's death the deposit shall descend to the heirs at law of the plaintiff as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court.

(1) Should the insane defendant be survived by the plaintiff, the deposit shall be paid over to the plaintiff upon the plaintiff's application to the court. If the plaintiff survives the defendant but dies before an order of the court is actually made to pay the moneys over to the plaintiff, then the moneys shall descend to the plaintiff's heirs at law as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court.

(2) In the event that the plaintiff is survived by the defendant, the interest accruing on the deposit shall be paid over to the defendant only during the defendant's natural life. At the defendant's death the deposit shall descend to the heirs at law of the plaintiff as realty and shall be paid over to the plaintiff's heirs or legal representatives according to law or the lawful order of the circuit court.

Acts 1905, No. 337, §§ 2-5, p. 794; C. & M. Dig., §§ 3562-3565; Pope's Dig., §§ 4448-4451; Acts 1981, No. 714, §§ 11-13; A.S.A. 1947, §§ 59-702 -- 59-705