Ark. Code Ann. § 9-10-108 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-108
Paternity test
Status: in_force

(a) (1) Upon motion of either party in a paternity action, the trial court shall order that the putative father, mother, and child submit to scientific testing for paternity, which may include deoxyribonucleic acid testing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (2) (A) Upon motion of either party in a paternity action when the mother is deceased or unavailable, the trial court shall order that the putative father and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (B) If a maternal relative is available and willing to participate in paternity testing, the trial court shall include the maternal relative within its order for paternity testing. (3) (A) Upon motion of either party in a paternity action when the father is deceased or unavailable, the trial court shall order that the mother and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (B) If a paternal relative is available and willing to participate in paternity testing, the trial court shall include the paternal relative within its order for paternity testing. (4) The tests shall be made by a duly qualified expert or experts to be appointed by the court. (5) (A) A written report of the test results prepared by the duly qualified expert conducting the test or by a duly qualified expert under whose supervision or direction the test and analysis have been performed certified by an affidavit duly subscribed and sworn to by him or her before a notary public may be introduced into evidence in paternity actions without calling the expert as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days of the trial on the complaint and bond is posted in an amount sufficient to cover the costs of the duly qualified expert to appear and testify. (B) (i) If contested, documentation of the chain of custody of samples taken from test subjects in paternity testing shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens. (6) (A) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child after corroborating testimony of the mother in regard to access during the probable period of conception, it shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof. (B) If the results of the paternity tests conducted pursuant to subdivision (a)(2) of this section establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, after corroborating testimony concerning the conception, birth, and history of the child, this shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof. (7) Whenever the court orders scientific testing for paternity and one (1) of the parties refuses to submit to the testing, that fact shall be disclosed upon the trial and may be considered civil contempt of court. (8) The costs of the scientific testing for paternity and witness fees shall be taxed by the court as other costs in the case. (9) Whenever it shall be relevant to the prosecution or the defense in a paternity action, scientific testing for paternity that excludes third parties as the biological father of the child may be introduced under the same requirements as set out in this section. (b) The appearance of the name of the father with his consent on the certificate of birth, the Social Security account number of the alleged father filed with his consent with the Division of Vital Records of the Department of Health pursuant to § 20-18-407 , a certified copy of the certificate or records on which the name of the alleged father was entered with his consent from the vital records department of another state, or the registration of the father with his consent in the Putative Father Registry pursuant to § 20-18-702 shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such in a proceeding for paternity establishment. Acts 1955, No. 127, §§ 1-3; 1981, No. 473, § 1; 1983, No. 437, § 1; 1985, No. 988, § 1; A.S.A. 1947, §§ 34-705.1 -- 34-705.3; Acts 1989, No. 725, § 2; 1991, No. 474, § 2; 1991, No. 986, § 1; 1995, No. 1178, § 1

(a) (1) Upon motion of either party in a paternity action, the trial court shall order that the putative father, mother, and child submit to scientific testing for paternity, which may include deoxyribonucleic acid testing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (2) (A) Upon motion of either party in a paternity action when the mother is deceased or unavailable, the trial court shall order that the putative father and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (B) If a maternal relative is available and willing to participate in paternity testing, the trial court shall include the maternal relative within its order for paternity testing. (3) (A) Upon motion of either party in a paternity action when the father is deceased or unavailable, the trial court shall order that the mother and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (B) If a paternal relative is available and willing to participate in paternity testing, the trial court shall include the paternal relative within its order for paternity testing. (4) The tests shall be made by a duly qualified expert or experts to be appointed by the court. (5) (A) A written report of the test results prepared by the duly qualified expert conducting the test or by a duly qualified expert under whose supervision or direction the test and analysis have been performed certified by an affidavit duly subscribed and sworn to by him or her before a notary public may be introduced into evidence in paternity actions without calling the expert as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days of the trial on the complaint and bond is posted in an amount sufficient to cover the costs of the duly qualified expert to appear and testify. (B) (i) If contested, documentation of the chain of custody of samples taken from test subjects in paternity testing shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens. (6) (A) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child after corroborating testimony of the mother in regard to access during the probable period of conception, it shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof. (B) If the results of the paternity tests conducted pursuant to subdivision (a)(2) of this section establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, after corroborating testimony concerning the conception, birth, and history of the child, this shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof. (7) Whenever the court orders scientific testing for paternity and one (1) of the parties refuses to submit to the testing, that fact shall be disclosed upon the trial and may be considered civil contempt of court. (8) The costs of the scientific testing for paternity and witness fees shall be taxed by the court as other costs in the case. (9) Whenever it shall be relevant to the prosecution or the defense in a paternity action, scientific testing for paternity that excludes third parties as the biological father of the child may be introduced under the same requirements as set out in this section.

(1) Upon motion of either party in a paternity action, the trial court shall order that the putative father, mother, and child submit to scientific testing for paternity, which may include deoxyribonucleic acid testing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father.

(2) (A) Upon motion of either party in a paternity action when the mother is deceased or unavailable, the trial court shall order that the putative father and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (B) If a maternal relative is available and willing to participate in paternity testing, the trial court shall include the maternal relative within its order for paternity testing.

(A) Upon motion of either party in a paternity action when the mother is deceased or unavailable, the trial court shall order that the putative father and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father.

(B) If a maternal relative is available and willing to participate in paternity testing, the trial court shall include the maternal relative within its order for paternity testing.

(3) (A) Upon motion of either party in a paternity action when the father is deceased or unavailable, the trial court shall order that the mother and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father. (B) If a paternal relative is available and willing to participate in paternity testing, the trial court shall include the paternal relative within its order for paternity testing.

(A) Upon motion of either party in a paternity action when the father is deceased or unavailable, the trial court shall order that the mother and child submit to scientific testing for paternity, which may include deoxyribonucleic acid typing, to determine whether or not the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father.

(B) If a paternal relative is available and willing to participate in paternity testing, the trial court shall include the paternal relative within its order for paternity testing.

(4) The tests shall be made by a duly qualified expert or experts to be appointed by the court.

(5) (A) A written report of the test results prepared by the duly qualified expert conducting the test or by a duly qualified expert under whose supervision or direction the test and analysis have been performed certified by an affidavit duly subscribed and sworn to by him or her before a notary public may be introduced into evidence in paternity actions without calling the expert as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days of the trial on the complaint and bond is posted in an amount sufficient to cover the costs of the duly qualified expert to appear and testify. (B) (i) If contested, documentation of the chain of custody of samples taken from test subjects in paternity testing shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens.

(A) A written report of the test results prepared by the duly qualified expert conducting the test or by a duly qualified expert under whose supervision or direction the test and analysis have been performed certified by an affidavit duly subscribed and sworn to by him or her before a notary public may be introduced into evidence in paternity actions without calling the expert as a witness unless a motion challenging the test procedures or results has been filed within thirty (30) days of the trial on the complaint and bond is posted in an amount sufficient to cover the costs of the duly qualified expert to appear and testify.

(B) (i) If contested, documentation of the chain of custody of samples taken from test subjects in paternity testing shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person signing for the samples at the place where the samples are subject to the testing procedure. (ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens.

(i) If contested, documentation of the chain of custody of samples taken from test subjects in paternity testing shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person signing for the samples at the place where the samples are subject to the testing procedure.

(ii) Submission of the affidavits along with the submission of the test results shall be competent evidence to establish the chain of custody of these specimens.

(6) (A) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child after corroborating testimony of the mother in regard to access during the probable period of conception, it shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof. (B) If the results of the paternity tests conducted pursuant to subdivision (a)(2) of this section establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, after corroborating testimony concerning the conception, birth, and history of the child, this shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof.

(A) If the results of the paternity tests establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child after corroborating testimony of the mother in regard to access during the probable period of conception, it shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof.

(B) If the results of the paternity tests conducted pursuant to subdivision (a)(2) of this section establish a ninety-five percent (95%) or more probability of inclusion that the putative father is the biological father of the child, after corroborating testimony concerning the conception, birth, and history of the child, this shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut that proof.

(7) Whenever the court orders scientific testing for paternity and one (1) of the parties refuses to submit to the testing, that fact shall be disclosed upon the trial and may be considered civil contempt of court.

(8) The costs of the scientific testing for paternity and witness fees shall be taxed by the court as other costs in the case.

(9) Whenever it shall be relevant to the prosecution or the defense in a paternity action, scientific testing for paternity that excludes third parties as the biological father of the child may be introduced under the same requirements as set out in this section.

(b) The appearance of the name of the father with his consent on the certificate of birth, the Social Security account number of the alleged father filed with his consent with the Division of Vital Records of the Department of Health pursuant to § 20-18-407 , a certified copy of the certificate or records on which the name of the alleged father was entered with his consent from the vital records department of another state, or the registration of the father with his consent in the Putative Father Registry pursuant to § 20-18-702 shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such in a proceeding for paternity establishment.

Acts 1955, No. 127, §§ 1-3; 1981, No. 473, § 1; 1983, No. 437, § 1; 1985, No. 988, § 1; A.S.A. 1947, §§ 34-705.1 -- 34-705.3; Acts 1989, No. 725, § 2; 1991, No. 474, § 2; 1991, No. 986, § 1; 1995, No. 1178, § 1
Ark. Code Ann. § 9-15-303 — AR Code / Title 9 / Chapter 15 / Subchapter 3 / Section 9-15-303
Immunity from liability
Status: in_force

(a) Law enforcement officers and law enforcement agencies shall be immune from civil or criminal liability if acting in good faith in an effort to comply with this subchapter. (b) A military order of protection as defined under § 5-53-134(f)(1) shall be enforced by law enforcement of this state according to the provisions of this chapter. Amended by Act 2017, No. 515,§ 6, eff. 8/1/2017 Acts 1995, No. 995, § 4; 2003, No. 651, § 3

(a) Law enforcement officers and law enforcement agencies shall be immune from civil or criminal liability if acting in good faith in an effort to comply with this subchapter.

(b) A military order of protection as defined under § 5-53-134(f)(1) shall be enforced by law enforcement of this state according to the provisions of this chapter.

Amended by Act 2017, No. 515,§ 6, eff. 8/1/2017

Acts 1995, No. 995, § 4; 2003, No. 651, § 3
Ark. Code Ann. § 9-9-218 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-218
Recognition of foreign decrees affecting adoption
Status: in_force

A decree of court terminating the relationship of parent and child or establishing the relationship by adoption issued pursuant to due process of law by a court of any other jurisdiction within or without the United States shall be recognized in this state. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree were issued by a court of this state. Acts 1977, No. 735, § 18; A.S.A. 1947, § 56-218

A decree of court terminating the relationship of parent and child or establishing the relationship by adoption issued pursuant to due process of law by a court of any other jurisdiction within or without the United States shall be recognized in this state. The rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though the decree were issued by a court of this state.

Acts 1977, No. 735, § 18; A.S.A. 1947, § 56-218
Ark. Code Ann. § 9-14-209 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-209
Office of Child Support Enforcement - Duty to provide information to consumer reporting agency - Definition
Status: in_force

(a) (1) As used in this section, "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative, nonprofit basis regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (2) This term also includes any person who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. (b) Upon written request by a consumer reporting agency, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall provide information to the agency regarding an amount of overdue support owed by a noncustodial parent in a case involving the Title IV-D agency. (c) The office shall report to a consumer reporting agency the name of any noncustodial parent who owes overdue support in a case involving the Title IV-D agency and the delinquent amount. (d) (1) Prior to disclosure of the information to a consumer reporting agency, the office shall send the noncustodial parent a notice by regular mail to his or her last known address. (2) The notice shall inform the noncustodial parent of the name and address of the consumer reporting agency, the amount of overdue support to be released, the procedure available for the noncustodial parent to contest the accuracy of the information, and a statement that if the noncustodial parent fails to contest the disclosure within seven (7) days of the mailing date on the notice, the information will be released. (e) The information shall not be made available to: (1) A consumer reporting agency that the office determines does not have sufficient capability to systematically and timely make accurate use of such information; or (2) An entity that has not furnished evidence satisfactory to the office that the entity is a consumer reporting agency. Acts 1985, No. 989, § 29; A.S.A. 1947, § 34-1247; Acts 1989, No. 948, § 3; 1991, No. 301, §§ 1, 2; 1995, No. 1184, § 9; 1999, No. 1514, § 11

(a) (1) As used in this section, "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative, nonprofit basis regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (2) This term also includes any person who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(1) As used in this section, "consumer reporting agency" means any person who, for monetary fees, dues, or on a cooperative, nonprofit basis regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

(2) This term also includes any person who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(b) Upon written request by a consumer reporting agency, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall provide information to the agency regarding an amount of overdue support owed by a noncustodial parent in a case involving the Title IV-D agency.

(c) The office shall report to a consumer reporting agency the name of any noncustodial parent who owes overdue support in a case involving the Title IV-D agency and the delinquent amount.

(d) (1) Prior to disclosure of the information to a consumer reporting agency, the office shall send the noncustodial parent a notice by regular mail to his or her last known address. (2) The notice shall inform the noncustodial parent of the name and address of the consumer reporting agency, the amount of overdue support to be released, the procedure available for the noncustodial parent to contest the accuracy of the information, and a statement that if the noncustodial parent fails to contest the disclosure within seven (7) days of the mailing date on the notice, the information will be released.

(1) Prior to disclosure of the information to a consumer reporting agency, the office shall send the noncustodial parent a notice by regular mail to his or her last known address.

(2) The notice shall inform the noncustodial parent of the name and address of the consumer reporting agency, the amount of overdue support to be released, the procedure available for the noncustodial parent to contest the accuracy of the information, and a statement that if the noncustodial parent fails to contest the disclosure within seven (7) days of the mailing date on the notice, the information will be released.

(e) The information shall not be made available to: (1) A consumer reporting agency that the office determines does not have sufficient capability to systematically and timely make accurate use of such information; or (2) An entity that has not furnished evidence satisfactory to the office that the entity is a consumer reporting agency.

(1) A consumer reporting agency that the office determines does not have sufficient capability to systematically and timely make accurate use of such information; or

(2) An entity that has not furnished evidence satisfactory to the office that the entity is a consumer reporting agency.

Acts 1985, No. 989, § 29; A.S.A. 1947, § 34-1247; Acts 1989, No. 948, § 3; 1991, No. 301, §§ 1, 2; 1995, No. 1184, § 9; 1999, No. 1514, § 11
Ark. Code Ann. § 9-11-207 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-207
Applicants for marriage licenses to be sober
Status: in_force

It shall be unlawful for any clerk who is authorized to issue marriage licenses to furnish or sell to any person or persons a license to marry at a time when either of the contracting parties is visibly under the influence of intoxicating drinks or under the influence of any kind of drugs. The parties applying for the license shall at the time be duly sober. Acts 1941, No. 404, § 1; A.S.A. 1947, § 55-210

It shall be unlawful for any clerk who is authorized to issue marriage licenses to furnish or sell to any person or persons a license to marry at a time when either of the contracting parties is visibly under the influence of intoxicating drinks or under the influence of any kind of drugs. The parties applying for the license shall at the time be duly sober.

Acts 1941, No. 404, § 1; A.S.A. 1947, § 55-210
Ark. Code Ann. § 9-6-106 — AR Code / Title 9 / Chapter 6 / Section 9-6-106
Operational requirements of shelters receiving domestic violence shelter funds
Status: in_force

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter: (1) Develops and implements a written nondiscrimination policy to provide services without regard to race, religion, color, age, marital status, national origin, ancestry, or sexual orientation; (2) Provides a facility that is open, accessible, and staffed by an advocate or a volunteer each day of the calendar year and twenty-four (24) hours each day; (3) Provides emergency housing and related supportive services in a safe and protective environment for victims of domestic abuse and their children; (4) (A) Provides a crisis telephone hotline that is answered by an advocate or a volunteer who meets the training requirements under this chapter each day of the calendar year and twenty-four (24) hours each day. (B) The crisis telephone hotline required under subdivision (4)(A) of this section shall not be answered by an answering machine, answering service, or mobile telephone voicemail; (5) (A) Requires all advocates and volunteers who provide direct services to victims to sign a written confidentiality agreement that prohibits the release of: (i) The name or other personal and identifying information about a victim served at the shelter; and (ii) The name or other personal and identifying information about a family or household member of a victim served at the shelter. (B) The confidentiality agreement required under subdivision (5)(A) of this section does not: (i) Apply to an advocate who testifies in court under a lawfully issued witness subpoena; or (ii) Prevent disclosure for federal grant review, audit, or reporting; (6) Develops and implements a written plan for outreach efforts to aid victims of domestic violence; (7) Provides peer support groups for victims; (8) Provides assistance and court advocacy for victims seeking orders of protection; and (9) Provides training and educational information on domestic violence for professionals, community organizations, and interested individuals. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter:

(1) Develops and implements a written nondiscrimination policy to provide services without regard to race, religion, color, age, marital status, national origin, ancestry, or sexual orientation;

(2) Provides a facility that is open, accessible, and staffed by an advocate or a volunteer each day of the calendar year and twenty-four (24) hours each day;

(3) Provides emergency housing and related supportive services in a safe and protective environment for victims of domestic abuse and their children;

(4) (A) Provides a crisis telephone hotline that is answered by an advocate or a volunteer who meets the training requirements under this chapter each day of the calendar year and twenty-four (24) hours each day. (B) The crisis telephone hotline required under subdivision (4)(A) of this section shall not be answered by an answering machine, answering service, or mobile telephone voicemail;

(A) Provides a crisis telephone hotline that is answered by an advocate or a volunteer who meets the training requirements under this chapter each day of the calendar year and twenty-four (24) hours each day.

(B) The crisis telephone hotline required under subdivision (4)(A) of this section shall not be answered by an answering machine, answering service, or mobile telephone voicemail;

(5) (A) Requires all advocates and volunteers who provide direct services to victims to sign a written confidentiality agreement that prohibits the release of: (i) The name or other personal and identifying information about a victim served at the shelter; and (ii) The name or other personal and identifying information about a family or household member of a victim served at the shelter. (B) The confidentiality agreement required under subdivision (5)(A) of this section does not: (i) Apply to an advocate who testifies in court under a lawfully issued witness subpoena; or (ii) Prevent disclosure for federal grant review, audit, or reporting;

(A) Requires all advocates and volunteers who provide direct services to victims to sign a written confidentiality agreement that prohibits the release of: (i) The name or other personal and identifying information about a victim served at the shelter; and (ii) The name or other personal and identifying information about a family or household member of a victim served at the shelter.

(i) The name or other personal and identifying information about a victim served at the shelter; and

(ii) The name or other personal and identifying information about a family or household member of a victim served at the shelter.

(B) The confidentiality agreement required under subdivision (5)(A) of this section does not: (i) Apply to an advocate who testifies in court under a lawfully issued witness subpoena; or (ii) Prevent disclosure for federal grant review, audit, or reporting;

(i) Apply to an advocate who testifies in court under a lawfully issued witness subpoena; or

(ii) Prevent disclosure for federal grant review, audit, or reporting;

(6) Develops and implements a written plan for outreach efforts to aid victims of domestic violence;

(7) Provides peer support groups for victims;

(8) Provides assistance and court advocacy for victims seeking orders of protection; and

(9) Provides training and educational information on domestic violence for professionals, community organizations, and interested individuals.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-28-402 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-402
Definitions
Status: in_force

As used in this subchapter: (1) "Adoptive home" means a household of one (1) or more persons that has been approved by a licensed child placement agency to accept a child for adoption; (2) "Adverse action" means any petition by the Department of Human Services before the Child Welfare Agency Review Board to take any of the following actions against a licensee or applicant for a license: (A) Revocation of license; (B) Suspension of license; (C) Conversion of license from regular or provisional status to probationary status; (D) Imposition of a civil penalty; (E) Denial of application; or (F) Reduction of licensed capacity; (3) "Alternative compliance" means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule, provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the rule; (4) "Board" means the Child Welfare Agency Review Board; (5) "Boarding school" means an institution that is operated solely for educational purposes and that meets each of the following criteria: (A) The institution is in operation for a period of time not to exceed the minimum number of weeks of classroom instruction required of schools accredited by the Division of Elementary and Secondary Education; (B) The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year round, except that this provision does not apply to students from foreign countries; and (C) The parents of children placed in the institution retain custody and planning and financial responsibility for the children; (6) "Child" means a person who is: (A) From birth to eighteen (18) years of age; or (B) Adjudicated dependent-neglected, dependent, or a member of a family in need of services before eighteen (18) years of age and for whom the juvenile division of a circuit court retains jurisdiction under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.; (7) "Child placement agency" means a child welfare agency, not including any person licensed to practice medicine or law in the State of Arkansas, that engages in any of the following activities: (A) Places a child in a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter; (B) Plans for the placement of a child into a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter; (C) Assists the placement of a child in a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter; or (D) Places, plans for the placement, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility; (8) "Child welfare agency" means any person, corporation, partnership, voluntary association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest, whether established for profit or otherwise, that engages in any of the following activities: (A) Receives a total number of six (6) or more unrelated minors for care on a twenty-four-hour basis for the purpose of ensuring the minors receive care, training, education, custody, or supervision, whether or not there are six (6) or more children cared for at any single physical location; (B) Places any unrelated minor for care on a twenty-four-hour basis with persons other than themselves; (C) Plans for or assists in the placements described in subdivision (8)(B) of this section; or (D) Receives, places, plans, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility; (9) (A) "Class A violation" means a violation of an essential standard, including any of those governing fire, health, safety, nutrition, staff-to-child ratio, and space. (B) Operation of an unlicensed child welfare agency shall also be a Class A violation unless specifically exempted as provided in this subchapter; (10) "Class B violation" means any other violation of a standard that is not a Class A violation; (11) "Emergency child care" means any residential childcare facility that provides care to children on a time-limited basis, not to exceed ninety (90) days; (12) "Exempt child welfare agency" means any person, corporation, partnership, voluntary association or other entity, whether established for profit or otherwise, that otherwise fits the definition of a child welfare agency but that is specifically exempt from the requirement of obtaining a license under this subchapter. Those agencies specifically exempt from the license requirement are: (A) A facility or program owned or operated by an agency of the United States Government; (B) (i) Any agency of the State of Arkansas that is statutorily authorized to administer or supervise child welfare activities. (ii) In order to maintain exempt status, the state child welfare agency shall state every two (2) years in written form signed by the persons in charge that their agency is in substantial compliance with published state agency child welfare standards. (iii) Visits to review and advise exempt state agencies shall be made as deemed necessary by the Child Welfare Agency Review Board to verify and maintain substantial compliance with the standards; (C) A facility or program owned or operated by or under contract with the Division of Correction; (D) A hospital providing acute care licensed pursuant to § 20-9-201 et seq.; (E) Any facility governed by the Department of Human Services State Institutional System Board or its successor; (F) Human development centers regulated by the Board of Developmental Disabilities Services pursuant to the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.; (G) Any facility licensed as a family home pursuant to the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.; (H) Any boarding school as defined in this section; (I) Any temporary camp as defined in this section; (J) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents. Those facilities shall be subject to program requirements modeled on nationally recognized correctional facility standards that shall be developed, administered, and monitored by the Division of Youth Services; (K) Any child welfare agency operated solely by a religious organization that elects to be exempt from licensing and that complies within the conditions of the exemption for church-operated agencies as set forth in this subchapter; (L) The Division of Developmental Disabilities Services; and (M) Any intellectual or other developmental disabilities services waiver provider licensed under § 20-48-208 or the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.; (13) (A) "Fictive kin" means a person selected by the Division of Children and Family Services who: (i) Is not related to a child by blood, marriage, or adoption; and (ii) Has a strong, positive, and emotional tie or role in the: (a) Child's life; or (b) Child's parent's life if the child is an infant. (B) The Director of the Division of Children and Family Services or his or her designee shall approve a fictive kin for an infant; (14) (A) "Foster home" means the home of an individual or family: (i) That is licensed or approved as a foster home under the terms of this subchapter; and (ii) Where a child in foster care is placed into the care of an individual who is licensed or approved to be a foster parent under this subchapter. (B) "Foster home" does not include an adoptive home or a home suspended or closed by a child placement agency; (15) "Independent living home" means any child welfare agency that provides specialized services in adult living preparation in an experiential setting for persons sixteen (16) years of age or older; (16) "Minimum standards" means those rules as established by the Child Welfare Agency Review Board that set forth the minimum acceptable level of practice for the care of children by a child welfare agency; (17) "Provisional foster home" means a foster home opened for no more than six (6) months by the Division of Children and Family Services for a relative or fictive kin of a child in the custody of the Division of Children and Family Services after it: (A) Determines that placement with the proposed fictive kin or relative is in the best interest of the child; (B) Conducts a health and safety check, including a Child Maltreatment Central Registry check and either a criminal background check or a check with local law enforcement, of the relative's home or home of the fictive kin; and (C) Performs a visual inspection of the home of the relative or fictive kin to verify that the relative or fictive kin and the home meet the standards for opening a regular foster home; (18) "Psychiatric residential treatment facility" means a residential childcare facility in a nonhospital setting that provides a structured, systematic, therapeutic program of treatment under the supervision of a psychiatrist, for children who are emotionally disturbed and in need of daily nursing services, psychiatrist's supervision, and residential care but who are not in an acute phase of illness requiring the services of an inpatient psychiatric hospital; (19) "Qualified nonprofit organization" means a charitable or religious institution that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3), that assists a parent, guardian, or legal custodian of a child with the process of entering into an authorization agreement in the form of a power of attorney for voluntary respite care, including without limitation identifying an appropriate voluntary respite care placement for each child subject to the agreement and assisting a parent, guardian, or legal custodian in locating and contacting a voluntary respite care provider; (20) "Relative" means a person within the fifth degree of kinship by virtue of blood, marriage, or adoption; (21) "Religious organization" means a church, synagogue, or mosque or association of same whose purpose is to support and serve the propagation of truly held religious beliefs; (22) "Residential childcare facility" means any child welfare agency that provides care, training, education, custody, or supervision on a twenty-four-hour basis for six (6) or more unrelated children, excluding foster homes that have six (6) or more children who are all related to each other but who are not related to the foster parents; (23) "Special consideration" means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule if the licensee has demonstrated that the deviation is in the best interest of the children and does not pose a risk to persons served by the licensee; (24) (A) "Substantial compliance" means compliance with all essential standards necessary to protect the health, safety, and welfare of the children in the care of the child welfare agency. (B) Essential standards include, but are not limited to, those relating to issues involving fire, health, safety, nutrition, discipline, staff-to-child ratio, and space; (25) "Temporary camp" means any facility or program providing twenty-four-hour care or supervision to children that meets the following criteria: (A) The facility or program is operated for recreational, educational, or religious purposes only; (B) No child attends the program more than forty (40) days in a calendar year; and (C) The parents of children placed in the program retain custody and planning and financial responsibility for the children during placement; (26) "Unrelated minor" means a child who is not related by blood, marriage, or adoption to the owner or operator of the child welfare agency and who is not a ward of the owner or operator of the child welfare agency pursuant to a guardianship order issued by a court of competent jurisdiction; (27) (A) "Voluntary respite care" means a temporary placement arrangement facilitated by a qualified nonprofit organization that engages in certain placement activities similar to a child placement agency or child welfare agency. (B) "Voluntary respite care" does not include placements provided by a person or an entity that otherwise qualifies as an exempt child welfare agency as that term is defined in subdivision (12) of this section; (28) "Voluntary respite care provider" means a person, approved by a qualified nonprofit organization, who enters into a written agreement with a parent, guardian, or legal custodian of a minor whereby: (A) The parent, guardian, or legal custodian voluntarily decides to place the minor into voluntary respite care and actively participates in the process of placing the minor into voluntary respite care; (B) The placement of a minor into voluntary respite care is made for the purpose of assisting a family in crisis by providing a temporary arrangement for the twenty-four-hour care of the minor; (C) The parent, guardian, or legal custodian of the minor retains the authority to terminate the voluntary respite care at any time and may immediately regain physical custody of the minor; and (D) The voluntary respite care provider does not engage in an activity described in subdivision (8)(A) or subdivision (8)(D) of this section; (29) (A) "Childcare institution" means a public or private placement or care setting for children. (B) Except as otherwise provided by subdivision (29)(C) of this section, "childcare institution" includes without limitation a group home, residential treatment center, shelter, or other congregate care setting, that is licensed or approved by the following: (i) If the public or private placement or care setting is located in this state, by the Child Welfare Agency Review Board; (ii) If the public or private placement or care setting is located out-of-state, by the authority in the state of origin of the public or private placement or care setting that is responsible for licensing or approving a childcare institution; (iii) If the public or private placement or care setting is on or near an Indian reservation, by the tribal authority of the Indian reservation; or (iv) If the public or private placement or care setting is located in the service area of a Tribal Title IV-E agency, by the Tribal Title IV-E agency. (C) "Childcare institution" does not include a foster home, detention facility, forestry camp, training school, or other facility operated primarily for the detention of children who are determined by a court to be delinquent; (30) "Public childcare institution" means a childcare institution that accommodates no more than twenty-five (25) children at a time and is operated by a state or local government entity; and (31) "Operation" means a child welfare agency or exempt child welfare agency that is open and actively engaged in at least one (1) of the activities described in subdivisions (8)(A)-(D) of this section. Amended by Act 2023, No. 363,§ 27, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 26, eff. 8/1/2023. Amended by Act 2021, No. 772,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 269,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 722, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 663,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 381,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 381,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2204, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2203, eff. 7/1/2019. Amended by Act 2017, No. 700,§ 4, eff. 8/1/2017 Amended by Act 2017, No. 700,§ 3, eff. 8/1/2017 Amended by Act 2017, No. 319,§ 1, eff. 3/2/2017 Amended by Act 2015, No. 1138,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 1138,§ 1, eff. 7/22/2015 Amended by Act 2013, No. 1275,§ 1, eff. 8/16/2013 Amended by Act 2013, No. 478,§ 4, eff. 8/16/2013 Acts 1997, No. 1041, § 2; 2005, No. 1766, § 1; 2005, No. 2234, § 1; 2007, No. 634, § 1; 2009, No. 723, § 1; 2011, No. 522, §§ 1-5

As used in this subchapter:

(1) "Adoptive home" means a household of one (1) or more persons that has been approved by a licensed child placement agency to accept a child for adoption;

(2) "Adverse action" means any petition by the Department of Human Services before the Child Welfare Agency Review Board to take any of the following actions against a licensee or applicant for a license: (A) Revocation of license; (B) Suspension of license; (C) Conversion of license from regular or provisional status to probationary status; (D) Imposition of a civil penalty; (E) Denial of application; or (F) Reduction of licensed capacity;

(A) Revocation of license;

(B) Suspension of license;

(C) Conversion of license from regular or provisional status to probationary status;

(D) Imposition of a civil penalty;

(E) Denial of application; or

(F) Reduction of licensed capacity;

(3) "Alternative compliance" means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule, provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the rule;

(4) "Board" means the Child Welfare Agency Review Board;

(5) "Boarding school" means an institution that is operated solely for educational purposes and that meets each of the following criteria: (A) The institution is in operation for a period of time not to exceed the minimum number of weeks of classroom instruction required of schools accredited by the Division of Elementary and Secondary Education; (B) The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year round, except that this provision does not apply to students from foreign countries; and (C) The parents of children placed in the institution retain custody and planning and financial responsibility for the children;

(A) The institution is in operation for a period of time not to exceed the minimum number of weeks of classroom instruction required of schools accredited by the Division of Elementary and Secondary Education;

(B) The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year round, except that this provision does not apply to students from foreign countries; and

(C) The parents of children placed in the institution retain custody and planning and financial responsibility for the children;

(6) "Child" means a person who is: (A) From birth to eighteen (18) years of age; or (B) Adjudicated dependent-neglected, dependent, or a member of a family in need of services before eighteen (18) years of age and for whom the juvenile division of a circuit court retains jurisdiction under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

(A) From birth to eighteen (18) years of age; or

(B) Adjudicated dependent-neglected, dependent, or a member of a family in need of services before eighteen (18) years of age and for whom the juvenile division of a circuit court retains jurisdiction under the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

(7) "Child placement agency" means a child welfare agency, not including any person licensed to practice medicine or law in the State of Arkansas, that engages in any of the following activities: (A) Places a child in a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter; (B) Plans for the placement of a child into a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter; (C) Assists the placement of a child in a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter; or (D) Places, plans for the placement, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility;

(A) Places a child in a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter;

(B) Plans for the placement of a child into a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter;

(C) Assists the placement of a child in a foster home, adoptive home, or any type of facility licensed or exempted by this subchapter; or

(D) Places, plans for the placement, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility;

(8) "Child welfare agency" means any person, corporation, partnership, voluntary association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest, whether established for profit or otherwise, that engages in any of the following activities: (A) Receives a total number of six (6) or more unrelated minors for care on a twenty-four-hour basis for the purpose of ensuring the minors receive care, training, education, custody, or supervision, whether or not there are six (6) or more children cared for at any single physical location; (B) Places any unrelated minor for care on a twenty-four-hour basis with persons other than themselves; (C) Plans for or assists in the placements described in subdivision (8)(B) of this section; or (D) Receives, places, plans, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility;

(A) Receives a total number of six (6) or more unrelated minors for care on a twenty-four-hour basis for the purpose of ensuring the minors receive care, training, education, custody, or supervision, whether or not there are six (6) or more children cared for at any single physical location;

(B) Places any unrelated minor for care on a twenty-four-hour basis with persons other than themselves;

(C) Plans for or assists in the placements described in subdivision (8)(B) of this section; or

(D) Receives, places, plans, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility;

(9) (A) "Class A violation" means a violation of an essential standard, including any of those governing fire, health, safety, nutrition, staff-to-child ratio, and space. (B) Operation of an unlicensed child welfare agency shall also be a Class A violation unless specifically exempted as provided in this subchapter;

(A) "Class A violation" means a violation of an essential standard, including any of those governing fire, health, safety, nutrition, staff-to-child ratio, and space.

(B) Operation of an unlicensed child welfare agency shall also be a Class A violation unless specifically exempted as provided in this subchapter;

(10) "Class B violation" means any other violation of a standard that is not a Class A violation;

(11) "Emergency child care" means any residential childcare facility that provides care to children on a time-limited basis, not to exceed ninety (90) days;

(12) "Exempt child welfare agency" means any person, corporation, partnership, voluntary association or other entity, whether established for profit or otherwise, that otherwise fits the definition of a child welfare agency but that is specifically exempt from the requirement of obtaining a license under this subchapter. Those agencies specifically exempt from the license requirement are: (A) A facility or program owned or operated by an agency of the United States Government; (B) (i) Any agency of the State of Arkansas that is statutorily authorized to administer or supervise child welfare activities. (ii) In order to maintain exempt status, the state child welfare agency shall state every two (2) years in written form signed by the persons in charge that their agency is in substantial compliance with published state agency child welfare standards. (iii) Visits to review and advise exempt state agencies shall be made as deemed necessary by the Child Welfare Agency Review Board to verify and maintain substantial compliance with the standards; (C) A facility or program owned or operated by or under contract with the Division of Correction; (D) A hospital providing acute care licensed pursuant to § 20-9-201 et seq.; (E) Any facility governed by the Department of Human Services State Institutional System Board or its successor; (F) Human development centers regulated by the Board of Developmental Disabilities Services pursuant to the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.; (G) Any facility licensed as a family home pursuant to the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.; (H) Any boarding school as defined in this section; (I) Any temporary camp as defined in this section; (J) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents. Those facilities shall be subject to program requirements modeled on nationally recognized correctional facility standards that shall be developed, administered, and monitored by the Division of Youth Services; (K) Any child welfare agency operated solely by a religious organization that elects to be exempt from licensing and that complies within the conditions of the exemption for church-operated agencies as set forth in this subchapter; (L) The Division of Developmental Disabilities Services; and (M) Any intellectual or other developmental disabilities services waiver provider licensed under § 20-48-208 or the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.;

(A) A facility or program owned or operated by an agency of the United States Government;

(B) (i) Any agency of the State of Arkansas that is statutorily authorized to administer or supervise child welfare activities. (ii) In order to maintain exempt status, the state child welfare agency shall state every two (2) years in written form signed by the persons in charge that their agency is in substantial compliance with published state agency child welfare standards. (iii) Visits to review and advise exempt state agencies shall be made as deemed necessary by the Child Welfare Agency Review Board to verify and maintain substantial compliance with the standards;

(i) Any agency of the State of Arkansas that is statutorily authorized to administer or supervise child welfare activities.

(ii) In order to maintain exempt status, the state child welfare agency shall state every two (2) years in written form signed by the persons in charge that their agency is in substantial compliance with published state agency child welfare standards.

(iii) Visits to review and advise exempt state agencies shall be made as deemed necessary by the Child Welfare Agency Review Board to verify and maintain substantial compliance with the standards;

(C) A facility or program owned or operated by or under contract with the Division of Correction;

(D) A hospital providing acute care licensed pursuant to § 20-9-201 et seq.;

(E) Any facility governed by the Department of Human Services State Institutional System Board or its successor;

(F) Human development centers regulated by the Board of Developmental Disabilities Services pursuant to the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.;

(G) Any facility licensed as a family home pursuant to the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.;

(H) Any boarding school as defined in this section;

(I) Any temporary camp as defined in this section;

(J) Any state-operated facility to house juvenile delinquents or any serious offender program facility operated by a state designee to house juvenile delinquents. Those facilities shall be subject to program requirements modeled on nationally recognized correctional facility standards that shall be developed, administered, and monitored by the Division of Youth Services;

(K) Any child welfare agency operated solely by a religious organization that elects to be exempt from licensing and that complies within the conditions of the exemption for church-operated agencies as set forth in this subchapter;

(L) The Division of Developmental Disabilities Services; and

(M) Any intellectual or other developmental disabilities services waiver provider licensed under § 20-48-208 or the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, § 20-48-601 et seq.;

(13) (A) "Fictive kin" means a person selected by the Division of Children and Family Services who: (i) Is not related to a child by blood, marriage, or adoption; and (ii) Has a strong, positive, and emotional tie or role in the: (a) Child's life; or (b) Child's parent's life if the child is an infant. (B) The Director of the Division of Children and Family Services or his or her designee shall approve a fictive kin for an infant;

(A) "Fictive kin" means a person selected by the Division of Children and Family Services who: (i) Is not related to a child by blood, marriage, or adoption; and (ii) Has a strong, positive, and emotional tie or role in the: (a) Child's life; or (b) Child's parent's life if the child is an infant.

(i) Is not related to a child by blood, marriage, or adoption; and

(ii) Has a strong, positive, and emotional tie or role in the: (a) Child's life; or (b) Child's parent's life if the child is an infant.

(a) Child's life; or

(b) Child's parent's life if the child is an infant.

(B) The Director of the Division of Children and Family Services or his or her designee shall approve a fictive kin for an infant;

(14) (A) "Foster home" means the home of an individual or family: (i) That is licensed or approved as a foster home under the terms of this subchapter; and (ii) Where a child in foster care is placed into the care of an individual who is licensed or approved to be a foster parent under this subchapter. (B) "Foster home" does not include an adoptive home or a home suspended or closed by a child placement agency;

(A) "Foster home" means the home of an individual or family: (i) That is licensed or approved as a foster home under the terms of this subchapter; and (ii) Where a child in foster care is placed into the care of an individual who is licensed or approved to be a foster parent under this subchapter.

(i) That is licensed or approved as a foster home under the terms of this subchapter; and

(ii) Where a child in foster care is placed into the care of an individual who is licensed or approved to be a foster parent under this subchapter.

(B) "Foster home" does not include an adoptive home or a home suspended or closed by a child placement agency;

(15) "Independent living home" means any child welfare agency that provides specialized services in adult living preparation in an experiential setting for persons sixteen (16) years of age or older;

(16) "Minimum standards" means those rules as established by the Child Welfare Agency Review Board that set forth the minimum acceptable level of practice for the care of children by a child welfare agency;

(17) "Provisional foster home" means a foster home opened for no more than six (6) months by the Division of Children and Family Services for a relative or fictive kin of a child in the custody of the Division of Children and Family Services after it: (A) Determines that placement with the proposed fictive kin or relative is in the best interest of the child; (B) Conducts a health and safety check, including a Child Maltreatment Central Registry check and either a criminal background check or a check with local law enforcement, of the relative's home or home of the fictive kin; and (C) Performs a visual inspection of the home of the relative or fictive kin to verify that the relative or fictive kin and the home meet the standards for opening a regular foster home;

(A) Determines that placement with the proposed fictive kin or relative is in the best interest of the child;

(B) Conducts a health and safety check, including a Child Maltreatment Central Registry check and either a criminal background check or a check with local law enforcement, of the relative's home or home of the fictive kin; and

(C) Performs a visual inspection of the home of the relative or fictive kin to verify that the relative or fictive kin and the home meet the standards for opening a regular foster home;

(18) "Psychiatric residential treatment facility" means a residential childcare facility in a nonhospital setting that provides a structured, systematic, therapeutic program of treatment under the supervision of a psychiatrist, for children who are emotionally disturbed and in need of daily nursing services, psychiatrist's supervision, and residential care but who are not in an acute phase of illness requiring the services of an inpatient psychiatric hospital;

(19) "Qualified nonprofit organization" means a charitable or religious institution that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3), that assists a parent, guardian, or legal custodian of a child with the process of entering into an authorization agreement in the form of a power of attorney for voluntary respite care, including without limitation identifying an appropriate voluntary respite care placement for each child subject to the agreement and assisting a parent, guardian, or legal custodian in locating and contacting a voluntary respite care provider;

(20) "Relative" means a person within the fifth degree of kinship by virtue of blood, marriage, or adoption;

(21) "Religious organization" means a church, synagogue, or mosque or association of same whose purpose is to support and serve the propagation of truly held religious beliefs;

(22) "Residential childcare facility" means any child welfare agency that provides care, training, education, custody, or supervision on a twenty-four-hour basis for six (6) or more unrelated children, excluding foster homes that have six (6) or more children who are all related to each other but who are not related to the foster parents;

(23) "Special consideration" means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule if the licensee has demonstrated that the deviation is in the best interest of the children and does not pose a risk to persons served by the licensee;

(24) (A) "Substantial compliance" means compliance with all essential standards necessary to protect the health, safety, and welfare of the children in the care of the child welfare agency. (B) Essential standards include, but are not limited to, those relating to issues involving fire, health, safety, nutrition, discipline, staff-to-child ratio, and space;

(A) "Substantial compliance" means compliance with all essential standards necessary to protect the health, safety, and welfare of the children in the care of the child welfare agency.

(B) Essential standards include, but are not limited to, those relating to issues involving fire, health, safety, nutrition, discipline, staff-to-child ratio, and space;

(25) "Temporary camp" means any facility or program providing twenty-four-hour care or supervision to children that meets the following criteria: (A) The facility or program is operated for recreational, educational, or religious purposes only; (B) No child attends the program more than forty (40) days in a calendar year; and (C) The parents of children placed in the program retain custody and planning and financial responsibility for the children during placement;

(A) The facility or program is operated for recreational, educational, or religious purposes only;

(B) No child attends the program more than forty (40) days in a calendar year; and

(C) The parents of children placed in the program retain custody and planning and financial responsibility for the children during placement;

(26) "Unrelated minor" means a child who is not related by blood, marriage, or adoption to the owner or operator of the child welfare agency and who is not a ward of the owner or operator of the child welfare agency pursuant to a guardianship order issued by a court of competent jurisdiction;

(27) (A) "Voluntary respite care" means a temporary placement arrangement facilitated by a qualified nonprofit organization that engages in certain placement activities similar to a child placement agency or child welfare agency. (B) "Voluntary respite care" does not include placements provided by a person or an entity that otherwise qualifies as an exempt child welfare agency as that term is defined in subdivision (12) of this section;

(A) "Voluntary respite care" means a temporary placement arrangement facilitated by a qualified nonprofit organization that engages in certain placement activities similar to a child placement agency or child welfare agency.

(B) "Voluntary respite care" does not include placements provided by a person or an entity that otherwise qualifies as an exempt child welfare agency as that term is defined in subdivision (12) of this section;

(28) "Voluntary respite care provider" means a person, approved by a qualified nonprofit organization, who enters into a written agreement with a parent, guardian, or legal custodian of a minor whereby: (A) The parent, guardian, or legal custodian voluntarily decides to place the minor into voluntary respite care and actively participates in the process of placing the minor into voluntary respite care; (B) The placement of a minor into voluntary respite care is made for the purpose of assisting a family in crisis by providing a temporary arrangement for the twenty-four-hour care of the minor; (C) The parent, guardian, or legal custodian of the minor retains the authority to terminate the voluntary respite care at any time and may immediately regain physical custody of the minor; and (D) The voluntary respite care provider does not engage in an activity described in subdivision (8)(A) or subdivision (8)(D) of this section;

(A) The parent, guardian, or legal custodian voluntarily decides to place the minor into voluntary respite care and actively participates in the process of placing the minor into voluntary respite care;

(B) The placement of a minor into voluntary respite care is made for the purpose of assisting a family in crisis by providing a temporary arrangement for the twenty-four-hour care of the minor;

(C) The parent, guardian, or legal custodian of the minor retains the authority to terminate the voluntary respite care at any time and may immediately regain physical custody of the minor; and

(D) The voluntary respite care provider does not engage in an activity described in subdivision (8)(A) or subdivision (8)(D) of this section;

(29) (A) "Childcare institution" means a public or private placement or care setting for children. (B) Except as otherwise provided by subdivision (29)(C) of this section, "childcare institution" includes without limitation a group home, residential treatment center, shelter, or other congregate care setting, that is licensed or approved by the following: (i) If the public or private placement or care setting is located in this state, by the Child Welfare Agency Review Board; (ii) If the public or private placement or care setting is located out-of-state, by the authority in the state of origin of the public or private placement or care setting that is responsible for licensing or approving a childcare institution; (iii) If the public or private placement or care setting is on or near an Indian reservation, by the tribal authority of the Indian reservation; or (iv) If the public or private placement or care setting is located in the service area of a Tribal Title IV-E agency, by the Tribal Title IV-E agency. (C) "Childcare institution" does not include a foster home, detention facility, forestry camp, training school, or other facility operated primarily for the detention of children who are determined by a court to be delinquent;

(A) "Childcare institution" means a public or private placement or care setting for children.

(B) Except as otherwise provided by subdivision (29)(C) of this section, "childcare institution" includes without limitation a group home, residential treatment center, shelter, or other congregate care setting, that is licensed or approved by the following: (i) If the public or private placement or care setting is located in this state, by the Child Welfare Agency Review Board; (ii) If the public or private placement or care setting is located out-of-state, by the authority in the state of origin of the public or private placement or care setting that is responsible for licensing or approving a childcare institution; (iii) If the public or private placement or care setting is on or near an Indian reservation, by the tribal authority of the Indian reservation; or (iv) If the public or private placement or care setting is located in the service area of a Tribal Title IV-E agency, by the Tribal Title IV-E agency.

(i) If the public or private placement or care setting is located in this state, by the Child Welfare Agency Review Board;

(ii) If the public or private placement or care setting is located out-of-state, by the authority in the state of origin of the public or private placement or care setting that is responsible for licensing or approving a childcare institution;

(iii) If the public or private placement or care setting is on or near an Indian reservation, by the tribal authority of the Indian reservation; or

(iv) If the public or private placement or care setting is located in the service area of a Tribal Title IV-E agency, by the Tribal Title IV-E agency.

(C) "Childcare institution" does not include a foster home, detention facility, forestry camp, training school, or other facility operated primarily for the detention of children who are determined by a court to be delinquent;

(30) "Public childcare institution" means a childcare institution that accommodates no more than twenty-five (25) children at a time and is operated by a state or local government entity; and

(31) "Operation" means a child welfare agency or exempt child welfare agency that is open and actively engaged in at least one (1) of the activities described in subdivisions (8)(A)-(D) of this section.

Amended by Act 2023, No. 363,§ 27, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 26, eff. 8/1/2023.

Amended by Act 2021, No. 772,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 269,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 722, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 1035,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 663,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 381,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 381,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2204, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2203, eff. 7/1/2019.

Amended by Act 2017, No. 700,§ 4, eff. 8/1/2017

Amended by Act 2017, No. 700,§ 3, eff. 8/1/2017

Amended by Act 2017, No. 319,§ 1, eff. 3/2/2017

Amended by Act 2015, No. 1138,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 1138,§ 1, eff. 7/22/2015

Amended by Act 2013, No. 1275,§ 1, eff. 8/16/2013

Amended by Act 2013, No. 478,§ 4, eff. 8/16/2013

Acts 1997, No. 1041, § 2; 2005, No. 1766, § 1; 2005, No. 2234, § 1; 2007, No. 634, § 1; 2009, No. 723, § 1; 2011, No. 522, §§ 1-5
Ark. Code Ann. § 9-27-703 — AR Code / Title 9 / Chapter 27 / Subchapter 7 / Section 9-27-703
Commission for Parent Counsel
Status: in_force

(a) (1) (A) There is created a Commission for Parent Counsel consisting of seven (7) members appointed to serve six-year staggered terms, each of whom shall serve until a qualified successor is appointed. (B) The membership of the Commission for Parent Counsel shall be appointed in the following manner: (i) Three (3) members appointed by the Governor; (ii) One (1) member appointed by the President Pro Tempore of the Senate; (iii) One (1) member appointed by the Speaker of the House of Representatives; and (iv) Two (2) members appointed by the Chief Justice of the Supreme Court. (C) A vacancy shall be filled in the same manner as a regular appointment. (D) A member of the Commission for Parent Counsel may be reappointed to a successive term or terms or to fill another vacancy on the Commission for Parent Counsel. (E) A member of the Commission for Parent Counsel shall not be currently active in any position within the child welfare system. (2) (A) One (1) of the appointments by the Governor shall be an attorney with at least ten (10) years of experience in dealing with child welfare legal matters. (B) The appointment by the President Pro Tempore of the Senate shall be an attorney with at least five (5) years of experience in dealing with child welfare legal matters. (C) One (1) of the appointments by the Chief Justice of the Supreme Court shall be a retired circuit court judge who served in the juvenile division of a circuit court. (D) For each of the remaining appointments not listed in subdivisions (a)(2)(A)-(C) of this section, it is preferable, but not required, that the appointee has served in a capacity associated with child welfare or has familiarity with the child welfare system. (b) Each year the Commission for Parent Counsel shall elect a chair from its membership. (c) Members of the Commission for Parent Counsel shall not receive pay for their services, but each member may receive expense reimbursement in accordance with § 25-16-901 et seq. (d) A minimum of four (4) members of the Commission for Parent Counsel is necessary for a quorum. (e) (1) Members of the Commission for Parent Counsel may meet or talk with each other, support staff and administrative staff, and attorneys who contract with the Commission for Parent Counsel to provide services concerning the quality and assessment of an attorney's representation of the attorney's clients without being subject to the requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) Otherwise, all deliberations by the Commission for Parent Counsel shall be open to the public. (B) A deliberation that includes a discussion, in whole or in part, of an attorney's representation of a specific client may be closed to the public in order to protect the client's privacy. (f) (1) Financial support staff, financial data entry staff and facilities, and operating assistance for the Commission for Parent Counsel shall be provided by the Arkansas Public Defender Commission from funds that are specifically appropriated for that purpose by the General Assembly. (2) However, the Arkansas Public Defender Commission shall not have oversight responsibility or authority over the Commission for Parent Counsel. (3) Under no circumstances shall: (A) The Commission for Parent Counsel exercise oversight of the Executive Director of the Arkansas Public Defender Commission; (B) The Arkansas Public Defender Commission exercise oversight of the Executive Director of the Commission for Parent Counsel; and (C) Either the Executive Director of the Arkansas Public Defender Commission or the Executive Director of the Commission for Parent Counsel be under the oversight of the other executive director. Amended by Act 2023, No. 618,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 871,§ 15, eff. 7/1/2019. Added by Act 2017, No. 861,§ 6, eff. 8/1/2017

(a) (1) (A) There is created a Commission for Parent Counsel consisting of seven (7) members appointed to serve six-year staggered terms, each of whom shall serve until a qualified successor is appointed. (B) The membership of the Commission for Parent Counsel shall be appointed in the following manner: (i) Three (3) members appointed by the Governor; (ii) One (1) member appointed by the President Pro Tempore of the Senate; (iii) One (1) member appointed by the Speaker of the House of Representatives; and (iv) Two (2) members appointed by the Chief Justice of the Supreme Court. (C) A vacancy shall be filled in the same manner as a regular appointment. (D) A member of the Commission for Parent Counsel may be reappointed to a successive term or terms or to fill another vacancy on the Commission for Parent Counsel. (E) A member of the Commission for Parent Counsel shall not be currently active in any position within the child welfare system. (2) (A) One (1) of the appointments by the Governor shall be an attorney with at least ten (10) years of experience in dealing with child welfare legal matters. (B) The appointment by the President Pro Tempore of the Senate shall be an attorney with at least five (5) years of experience in dealing with child welfare legal matters. (C) One (1) of the appointments by the Chief Justice of the Supreme Court shall be a retired circuit court judge who served in the juvenile division of a circuit court. (D) For each of the remaining appointments not listed in subdivisions (a)(2)(A)-(C) of this section, it is preferable, but not required, that the appointee has served in a capacity associated with child welfare or has familiarity with the child welfare system.

(1) (A) There is created a Commission for Parent Counsel consisting of seven (7) members appointed to serve six-year staggered terms, each of whom shall serve until a qualified successor is appointed. (B) The membership of the Commission for Parent Counsel shall be appointed in the following manner: (i) Three (3) members appointed by the Governor; (ii) One (1) member appointed by the President Pro Tempore of the Senate; (iii) One (1) member appointed by the Speaker of the House of Representatives; and (iv) Two (2) members appointed by the Chief Justice of the Supreme Court. (C) A vacancy shall be filled in the same manner as a regular appointment. (D) A member of the Commission for Parent Counsel may be reappointed to a successive term or terms or to fill another vacancy on the Commission for Parent Counsel. (E) A member of the Commission for Parent Counsel shall not be currently active in any position within the child welfare system.

(A) There is created a Commission for Parent Counsel consisting of seven (7) members appointed to serve six-year staggered terms, each of whom shall serve until a qualified successor is appointed.

(B) The membership of the Commission for Parent Counsel shall be appointed in the following manner: (i) Three (3) members appointed by the Governor; (ii) One (1) member appointed by the President Pro Tempore of the Senate; (iii) One (1) member appointed by the Speaker of the House of Representatives; and (iv) Two (2) members appointed by the Chief Justice of the Supreme Court.

(i) Three (3) members appointed by the Governor;

(ii) One (1) member appointed by the President Pro Tempore of the Senate;

(iii) One (1) member appointed by the Speaker of the House of Representatives; and

(iv) Two (2) members appointed by the Chief Justice of the Supreme Court.

(C) A vacancy shall be filled in the same manner as a regular appointment.

(D) A member of the Commission for Parent Counsel may be reappointed to a successive term or terms or to fill another vacancy on the Commission for Parent Counsel.

(E) A member of the Commission for Parent Counsel shall not be currently active in any position within the child welfare system.

(2) (A) One (1) of the appointments by the Governor shall be an attorney with at least ten (10) years of experience in dealing with child welfare legal matters. (B) The appointment by the President Pro Tempore of the Senate shall be an attorney with at least five (5) years of experience in dealing with child welfare legal matters. (C) One (1) of the appointments by the Chief Justice of the Supreme Court shall be a retired circuit court judge who served in the juvenile division of a circuit court. (D) For each of the remaining appointments not listed in subdivisions (a)(2)(A)-(C) of this section, it is preferable, but not required, that the appointee has served in a capacity associated with child welfare or has familiarity with the child welfare system.

(A) One (1) of the appointments by the Governor shall be an attorney with at least ten (10) years of experience in dealing with child welfare legal matters.

(B) The appointment by the President Pro Tempore of the Senate shall be an attorney with at least five (5) years of experience in dealing with child welfare legal matters.

(C) One (1) of the appointments by the Chief Justice of the Supreme Court shall be a retired circuit court judge who served in the juvenile division of a circuit court.

(D) For each of the remaining appointments not listed in subdivisions (a)(2)(A)-(C) of this section, it is preferable, but not required, that the appointee has served in a capacity associated with child welfare or has familiarity with the child welfare system.

(b) Each year the Commission for Parent Counsel shall elect a chair from its membership.

(c) Members of the Commission for Parent Counsel shall not receive pay for their services, but each member may receive expense reimbursement in accordance with § 25-16-901 et seq.

(d) A minimum of four (4) members of the Commission for Parent Counsel is necessary for a quorum.

(e) (1) Members of the Commission for Parent Counsel may meet or talk with each other, support staff and administrative staff, and attorneys who contract with the Commission for Parent Counsel to provide services concerning the quality and assessment of an attorney's representation of the attorney's clients without being subject to the requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) Otherwise, all deliberations by the Commission for Parent Counsel shall be open to the public. (B) A deliberation that includes a discussion, in whole or in part, of an attorney's representation of a specific client may be closed to the public in order to protect the client's privacy.

(1) Members of the Commission for Parent Counsel may meet or talk with each other, support staff and administrative staff, and attorneys who contract with the Commission for Parent Counsel to provide services concerning the quality and assessment of an attorney's representation of the attorney's clients without being subject to the requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) (A) Otherwise, all deliberations by the Commission for Parent Counsel shall be open to the public. (B) A deliberation that includes a discussion, in whole or in part, of an attorney's representation of a specific client may be closed to the public in order to protect the client's privacy.

(A) Otherwise, all deliberations by the Commission for Parent Counsel shall be open to the public.

(B) A deliberation that includes a discussion, in whole or in part, of an attorney's representation of a specific client may be closed to the public in order to protect the client's privacy.

(f) (1) Financial support staff, financial data entry staff and facilities, and operating assistance for the Commission for Parent Counsel shall be provided by the Arkansas Public Defender Commission from funds that are specifically appropriated for that purpose by the General Assembly. (2) However, the Arkansas Public Defender Commission shall not have oversight responsibility or authority over the Commission for Parent Counsel. (3) Under no circumstances shall: (A) The Commission for Parent Counsel exercise oversight of the Executive Director of the Arkansas Public Defender Commission; (B) The Arkansas Public Defender Commission exercise oversight of the Executive Director of the Commission for Parent Counsel; and (C) Either the Executive Director of the Arkansas Public Defender Commission or the Executive Director of the Commission for Parent Counsel be under the oversight of the other executive director.

(1) Financial support staff, financial data entry staff and facilities, and operating assistance for the Commission for Parent Counsel shall be provided by the Arkansas Public Defender Commission from funds that are specifically appropriated for that purpose by the General Assembly.

(2) However, the Arkansas Public Defender Commission shall not have oversight responsibility or authority over the Commission for Parent Counsel.

(3) Under no circumstances shall: (A) The Commission for Parent Counsel exercise oversight of the Executive Director of the Arkansas Public Defender Commission; (B) The Arkansas Public Defender Commission exercise oversight of the Executive Director of the Commission for Parent Counsel; and (C) Either the Executive Director of the Arkansas Public Defender Commission or the Executive Director of the Commission for Parent Counsel be under the oversight of the other executive director.

(A) The Commission for Parent Counsel exercise oversight of the Executive Director of the Arkansas Public Defender Commission;

(B) The Arkansas Public Defender Commission exercise oversight of the Executive Director of the Commission for Parent Counsel; and

(C) Either the Executive Director of the Arkansas Public Defender Commission or the Executive Director of the Commission for Parent Counsel be under the oversight of the other executive director.

Amended by Act 2023, No. 618,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 871,§ 15, eff. 7/1/2019.

Added by Act 2017, No. 861,§ 6, eff. 8/1/2017
Ark. Code Ann. § 9-11-810 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-810
Effects of separation
Status: in_force

(a) Judicial separation in a covenant marriage does not dissolve the bond of matrimony since the separated husband and wife are not at liberty to marry again, but it puts an end to their conjugal cohabitation and to the common concerns that existed between them. (b) Spouses who are judicially separated in a covenant marriage shall retain that status until either reconciliation or divorce. Acts 2001, No. 1486, § 5

(a) Judicial separation in a covenant marriage does not dissolve the bond of matrimony since the separated husband and wife are not at liberty to marry again, but it puts an end to their conjugal cohabitation and to the common concerns that existed between them.

(b) Spouses who are judicially separated in a covenant marriage shall retain that status until either reconciliation or divorce.

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-19-203 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-203
Jurisdiction to modify determination
Status: in_force

Except as otherwise provided in § 9-19-204 , a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under § 9-19-201(a)(1) or (2) and: (1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under § 9-19-202 or that a court of this state would be a more convenient forum under § 9-19-207 ; or (2) a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state. Acts 1999, No. 668, § 203

Except as otherwise provided in § 9-19-204 , a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under § 9-19-201(a)(1) or (2) and:

(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under § 9-19-202 or that a court of this state would be a more convenient forum under § 9-19-207 ; or

(2) a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.

Acts 1999, No. 668, § 203
Ark. Code Ann. § 9-31-503 — AR Code / Title 9 / Chapter 31 / Subchapter 5 / Section 9-31-503
Rulemaking authority - Implementation process
Status: in_force

The Division of Youth Services shall promulgate rules for implementing this subchapter, and may consult with the Division of Elementary and Secondary Education and make use of Division of Elementary and Secondary Education resources in order to implement this subchapter. Amended by Act 2021, No. 485,§ 1, eff. 7/28/2021. Added by Act 2019, No. 1089,§ 2, eff. 7/24/2019.

The Division of Youth Services shall promulgate rules for implementing this subchapter, and may consult with the Division of Elementary and Secondary Education and make use of Division of Elementary and Secondary Education resources in order to implement this subchapter.

Amended by Act 2021, No. 485,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 1089,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 9-28-116 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-116
Restrictions on foster and adoptive parents
Status: in_force

(a) (1) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police at a minimum of every two (2) years for convictions of the offenses listed in this subchapter and in § 9-28-409 . (2) Youths in a household who turn eighteen (18) years of age are not required to have a criminal background check until six (6) months after turning eighteen (18) years of age. (b) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation for convictions of the offenses listed in this subchapter and in § 9-28-409 . (c) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any Arkansas foster or adoptive parent if the criminal records check reveals a felony conviction for: (1) Child abuse or neglect; (2) Spousal abuse or domestic battery; (3) A crime against children, including child pornography; (4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or (5) Aggravated assault on a family or household member. (d) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any foster or adoptive parent if the criminal record check reveals a felony conviction for physical assault, battery, or a drug-related offense if the offense was committed within the past five (5) years. Amended by Act 2015, No. 547,§ 2, eff. 7/22/2015 Acts 2011, No. 591, § 1

(a) (1) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police at a minimum of every two (2) years for convictions of the offenses listed in this subchapter and in § 9-28-409 . (2) Youths in a household who turn eighteen (18) years of age are not required to have a criminal background check until six (6) months after turning eighteen (18) years of age.

(1) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police at a minimum of every two (2) years for convictions of the offenses listed in this subchapter and in § 9-28-409 .

(2) Youths in a household who turn eighteen (18) years of age are not required to have a criminal background check until six (6) months after turning eighteen (18) years of age.

(b) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation for convictions of the offenses listed in this subchapter and in § 9-28-409 .

(c) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any Arkansas foster or adoptive parent if the criminal records check reveals a felony conviction for: (1) Child abuse or neglect; (2) Spousal abuse or domestic battery; (3) A crime against children, including child pornography; (4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or (5) Aggravated assault on a family or household member.

(1) Child abuse or neglect;

(2) Spousal abuse or domestic battery;

(3) A crime against children, including child pornography;

(4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or

(5) Aggravated assault on a family or household member.

(d) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any foster or adoptive parent if the criminal record check reveals a felony conviction for physical assault, battery, or a drug-related offense if the offense was committed within the past five (5) years.

Amended by Act 2015, No. 547,§ 2, eff. 7/22/2015

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-27-335 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-335
Disposition - Dependent-neglected - Limitations
Status: in_force

(a) (1) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services in any case in which the department is not a party, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services. (2) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard. (3) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void. (b) (1) For purposes of this section, the court shall not specify a particular provider for placement or family services if the department is the payor or provider. (2) (A) The court may order a child to be placed or to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties. (C) The court shall not order a child to be placed or remain in a placement in a foster home that has been closed or suspended by a child placement agency. (D) (i) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the department may immediately remove the child from the court-ordered placement. (ii) The department shall notify all parties within twenty-four (24) hours of the change in placement under subdivision (b)(2)(D)(i) of this section. (iii) A party may request a hearing on the change in placement made under subdivision (b)(2)(D)(ii) of this section, and the hearing shall be held within five (5) business days of receiving the request. (c) (1) In all cases in which family services are ordered, the court shall determine the ability of the parent, guardian, or custodian to pay, in whole or in part, for these services. (2) The determination of ability to pay and the evidence supporting it shall be made in writing in the order ordering family services. (3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or in part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian is able to pay for the family services ordered and order the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received. (d) (1) Custody of a juvenile may be transferred to a relative or other individual only after a home study of the placement is conducted by the department or by a licensed social worker who is approved to do home studies and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile. (2) A home study is not required for a parent of a juvenile. (e) (1) (A) The court shall enter an order transferring custody of a juvenile in a dependency-neglect case only after determining that reasonable efforts have been made by the department to deliver family services designed to prevent the need for out-of-home placement and that the need for out-of-home placement exists. (B) The juvenile's health and safety shall be the paramount concern of the court in determining if the department could have made reasonable efforts to prevent the juvenile's removal. (2) If the court finds that reasonable efforts to deliver family services could have been made with the juvenile safely remaining at home but were not made, the court may: (A) Dismiss the petition; (B) Order family services reasonably calculated to prevent the need for out-of-home placement; or (C) Transfer custody of the juvenile despite the lack of reasonable efforts by the department to prevent the need for out-of-home placement if the transfer is necessary: (i) To protect the juvenile's health and safety; or (ii) To prevent the removal of the juvenile from the jurisdiction of the court. (f) In a case of medical neglect involving a child's receiving treatment through prayer alone in accordance with a religious method of healing in lieu of medical care, the adjudication order shall be limited to: (1) Preventing or remedying serious harm to the child; or (2) Preventing the withholding of medically indicated treatment from a child with a life-threatening condition. (g) No court may commit a juvenile found solely in criminal contempt to the Division of Youth Services. (h) For purposes of this section, the court shall not order the department to expend or forward Social Security benefits for which the department is payee. Amended by Act 2023, No. 363,§ 10, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5133, eff. 7/1/2019. Amended by Act 2013, No. 1037,§ 1, eff. 8/16/2013 Acts 1989, No. 273, § 34; 1997, No. 1227, § 10; 1999, No. 401, § 11; 1999, No. 1363, § 2; 2003, No. 1319, § 28; 2003, No. 1809, § 12; 2005, No. 1990, § 16; 2009, No. 956, §§ 15, 16; 2011, No. 1175, § 7

(a) (1) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services in any case in which the department is not a party, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services. (2) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard. (3) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void.

(1) At least five (5) working days before ordering the Department of Human Services, excluding community-based providers, to provide or pay for family services in any case in which the department is not a party, the circuit court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the Department of Human Services.

(2) At any hearing in which the department is ordered to provide family services, the court shall provide the department with the opportunity to be heard.

(3) Failure to provide at least five (5) working days' notice to the department renders any part of the order pertaining to the department void.

(b) (1) For purposes of this section, the court shall not specify a particular provider for placement or family services if the department is the payor or provider. (2) (A) The court may order a child to be placed or to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties. (C) The court shall not order a child to be placed or remain in a placement in a foster home that has been closed or suspended by a child placement agency. (D) (i) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the department may immediately remove the child from the court-ordered placement. (ii) The department shall notify all parties within twenty-four (24) hours of the change in placement under subdivision (b)(2)(D)(i) of this section. (iii) A party may request a hearing on the change in placement made under subdivision (b)(2)(D)(ii) of this section, and the hearing shall be held within five (5) business days of receiving the request.

(1) For purposes of this section, the court shall not specify a particular provider for placement or family services if the department is the payor or provider.

(2) (A) The court may order a child to be placed or to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties. (B) A court may also order a child into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties. (C) The court shall not order a child to be placed or remain in a placement in a foster home that has been closed or suspended by a child placement agency. (D) (i) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the department may immediately remove the child from the court-ordered placement. (ii) The department shall notify all parties within twenty-four (24) hours of the change in placement under subdivision (b)(2)(D)(i) of this section. (iii) A party may request a hearing on the change in placement made under subdivision (b)(2)(D)(ii) of this section, and the hearing shall be held within five (5) business days of receiving the request.

(A) The court may order a child to be placed or to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties.

(B) A court may also order a child into a licensed or approved placement after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.

(C) The court shall not order a child to be placed or remain in a placement in a foster home that has been closed or suspended by a child placement agency.

(D) (i) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the department may immediately remove the child from the court-ordered placement. (ii) The department shall notify all parties within twenty-four (24) hours of the change in placement under subdivision (b)(2)(D)(i) of this section. (iii) A party may request a hearing on the change in placement made under subdivision (b)(2)(D)(ii) of this section, and the hearing shall be held within five (5) business days of receiving the request.

(i) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the department may immediately remove the child from the court-ordered placement.

(ii) The department shall notify all parties within twenty-four (24) hours of the change in placement under subdivision (b)(2)(D)(i) of this section.

(iii) A party may request a hearing on the change in placement made under subdivision (b)(2)(D)(ii) of this section, and the hearing shall be held within five (5) business days of receiving the request.

(c) (1) In all cases in which family services are ordered, the court shall determine the ability of the parent, guardian, or custodian to pay, in whole or in part, for these services. (2) The determination of ability to pay and the evidence supporting it shall be made in writing in the order ordering family services. (3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or in part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian is able to pay for the family services ordered and order the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received.

(1) In all cases in which family services are ordered, the court shall determine the ability of the parent, guardian, or custodian to pay, in whole or in part, for these services.

(2) The determination of ability to pay and the evidence supporting it shall be made in writing in the order ordering family services.

(3) If the court determines that the parent, guardian, or custodian is able to pay, in whole or in part, for the services, the court shall enter a written order setting forth the amount the parent, guardian, or custodian is able to pay for the family services ordered and order the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received.

(d) (1) Custody of a juvenile may be transferred to a relative or other individual only after a home study of the placement is conducted by the department or by a licensed social worker who is approved to do home studies and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile. (2) A home study is not required for a parent of a juvenile.

(1) Custody of a juvenile may be transferred to a relative or other individual only after a home study of the placement is conducted by the department or by a licensed social worker who is approved to do home studies and submitted to the court in writing and the court determines that the placement is in the best interest of the juvenile.

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

(e) (1) (A) The court shall enter an order transferring custody of a juvenile in a dependency-neglect case only after determining that reasonable efforts have been made by the department to deliver family services designed to prevent the need for out-of-home placement and that the need for out-of-home placement exists. (B) The juvenile's health and safety shall be the paramount concern of the court in determining if the department could have made reasonable efforts to prevent the juvenile's removal. (2) If the court finds that reasonable efforts to deliver family services could have been made with the juvenile safely remaining at home but were not made, the court may: (A) Dismiss the petition; (B) Order family services reasonably calculated to prevent the need for out-of-home placement; or (C) Transfer custody of the juvenile despite the lack of reasonable efforts by the department to prevent the need for out-of-home placement if the transfer is necessary: (i) To protect the juvenile's health and safety; or (ii) To prevent the removal of the juvenile from the jurisdiction of the court.

(1) (A) The court shall enter an order transferring custody of a juvenile in a dependency-neglect case only after determining that reasonable efforts have been made by the department to deliver family services designed to prevent the need for out-of-home placement and that the need for out-of-home placement exists. (B) The juvenile's health and safety shall be the paramount concern of the court in determining if the department could have made reasonable efforts to prevent the juvenile's removal.

(A) The court shall enter an order transferring custody of a juvenile in a dependency-neglect case only after determining that reasonable efforts have been made by the department to deliver family services designed to prevent the need for out-of-home placement and that the need for out-of-home placement exists.

(B) The juvenile's health and safety shall be the paramount concern of the court in determining if the department could have made reasonable efforts to prevent the juvenile's removal.

(2) If the court finds that reasonable efforts to deliver family services could have been made with the juvenile safely remaining at home but were not made, the court may: (A) Dismiss the petition; (B) Order family services reasonably calculated to prevent the need for out-of-home placement; or (C) Transfer custody of the juvenile despite the lack of reasonable efforts by the department to prevent the need for out-of-home placement if the transfer is necessary: (i) To protect the juvenile's health and safety; or (ii) To prevent the removal of the juvenile from the jurisdiction of the court.

(A) Dismiss the petition;

(B) Order family services reasonably calculated to prevent the need for out-of-home placement; or

(C) Transfer custody of the juvenile despite the lack of reasonable efforts by the department to prevent the need for out-of-home placement if the transfer is necessary: (i) To protect the juvenile's health and safety; or (ii) To prevent the removal of the juvenile from the jurisdiction of the court.

(i) To protect the juvenile's health and safety; or

(ii) To prevent the removal of the juvenile from the jurisdiction of the court.

(f) In a case of medical neglect involving a child's receiving treatment through prayer alone in accordance with a religious method of healing in lieu of medical care, the adjudication order shall be limited to: (1) Preventing or remedying serious harm to the child; or (2) Preventing the withholding of medically indicated treatment from a child with a life-threatening condition.

(1) Preventing or remedying serious harm to the child; or

(2) Preventing the withholding of medically indicated treatment from a child with a life-threatening condition.

(g) No court may commit a juvenile found solely in criminal contempt to the Division of Youth Services.

(h) For purposes of this section, the court shall not order the department to expend or forward Social Security benefits for which the department is payee.

Amended by Act 2023, No. 363,§ 10, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5133, eff. 7/1/2019.

Amended by Act 2013, No. 1037,§ 1, eff. 8/16/2013

Acts 1989, No. 273, § 34; 1997, No. 1227, § 10; 1999, No. 401, § 11; 1999, No. 1363, § 2; 2003, No. 1319, § 28; 2003, No. 1809, § 12; 2005, No. 1990, § 16; 2009, No. 956, §§ 15, 16; 2011, No. 1175, § 7
Ark. Code Ann. § 9-11-804 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-804
Content of declaration of intent
Status: in_force

(a) A declaration of intent to contract a covenant marriage shall contain all of the following: (1) A recitation signed by both parties to the following effect: "A COVENANT MARRIAGE We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received authorized counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act of 2001, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Arkansas law on covenant marriages, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives."; (2) An affidavit by the parties that they have received authorized counseling that shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce; (3) An attestation, signed by the counselor and attached to or included in the parties' affidavit, confirming that the parties received authorized counseling as to the nature and purpose of the marriage and the grounds for termination of the marriage and an acknowledgment that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and (4) (A) The signature of both parties witnessed by a notary. (B) If one (1) of the parties is a minor, or both are minors, the written consent or authorization of those persons required under this chapter to consent to or authorize the marriage of minors. (b) The declaration shall consist of two (2) separate documents: (1) The recitation as set out in subdivision (a)(1) of this section; and (2) The affidavit with the attestation either included within or attached to the document. (c) The recitation, affidavit, and attestation shall be filed as provided in § 9-11-803(b) . Acts 2001, No. 1486, § 5; Acts 2011, No. 793, § 3

(a) A declaration of intent to contract a covenant marriage shall contain all of the following: (1) A recitation signed by both parties to the following effect: "A COVENANT MARRIAGE We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received authorized counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act of 2001, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Arkansas law on covenant marriages, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives."; (2) An affidavit by the parties that they have received authorized counseling that shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce; (3) An attestation, signed by the counselor and attached to or included in the parties' affidavit, confirming that the parties received authorized counseling as to the nature and purpose of the marriage and the grounds for termination of the marriage and an acknowledgment that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and (4) (A) The signature of both parties witnessed by a notary. (B) If one (1) of the parties is a minor, or both are minors, the written consent or authorization of those persons required under this chapter to consent to or authorize the marriage of minors.

(1) A recitation signed by both parties to the following effect: "A COVENANT MARRIAGE We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received authorized counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act of 2001, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling. With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Arkansas law on covenant marriages, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives.";

"A COVENANT MARRIAGE

We do solemnly declare that marriage is a covenant between a man and a woman who agree to live together as husband and wife for so long as they both may live. We have chosen each other carefully and disclosed to one another everything which could adversely affect the decision to enter into this marriage. We have received authorized counseling on the nature, purposes, and responsibilities of marriage. We have read the Covenant Marriage Act of 2001, and we understand that a covenant marriage is for life. If we experience marital difficulties, we commit ourselves to take all reasonable efforts to preserve our marriage, including marital counseling.

With full knowledge of what this commitment means, we do hereby declare that our marriage will be bound by Arkansas law on covenant marriages, and we promise to love, honor, and care for one another as husband and wife for the rest of our lives.";

(2) An affidavit by the parties that they have received authorized counseling that shall include a discussion of the seriousness of covenant marriage, communication of the fact that a covenant marriage is a commitment for life, a discussion of the obligation to seek marital counseling in times of marital difficulties, and a discussion of the exclusive grounds for legally terminating a covenant marriage by divorce;

(3) An attestation, signed by the counselor and attached to or included in the parties' affidavit, confirming that the parties received authorized counseling as to the nature and purpose of the marriage and the grounds for termination of the marriage and an acknowledgment that the counselor provided to the parties the informational pamphlet developed and promulgated by the Administrative Office of the Courts under this subchapter that provides a full explanation of the terms and conditions of a covenant marriage; and

(4) (A) The signature of both parties witnessed by a notary. (B) If one (1) of the parties is a minor, or both are minors, the written consent or authorization of those persons required under this chapter to consent to or authorize the marriage of minors.

(A) The signature of both parties witnessed by a notary.

(B) If one (1) of the parties is a minor, or both are minors, the written consent or authorization of those persons required under this chapter to consent to or authorize the marriage of minors.

(b) The declaration shall consist of two (2) separate documents: (1) The recitation as set out in subdivision (a)(1) of this section; and (2) The affidavit with the attestation either included within or attached to the document.

(1) The recitation as set out in subdivision (a)(1) of this section; and

(2) The affidavit with the attestation either included within or attached to the document.

(c) The recitation, affidavit, and attestation shall be filed as provided in § 9-11-803(b) .

Acts 2001, No. 1486, § 5; Acts 2011, No. 793, § 3
Ark. Code Ann. § 9-30-101 — AR Code / Title 9 / Chapter 30 / Section 9-30-101
[Repealed]
Status: repealed

Repealed by Act 2017, No. 897,§ 3, eff. 7/1/2017 Acts 1987, No. 397, § 1

Repealed by Act 2017, No. 897,§ 3, eff. 7/1/2017

Acts 1987, No. 397, § 1
Ark. Code Ann. § 9-4-108 — AR Code / Title 9 / Chapter 4 / Section 9-4-108
Training requirements
Status: in_force

Every shelter shall: (1) (A) Require each member of its board of directors to attend an orientation approved by the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee within six (6) months after joining the board of directors. (B) The orientation shall include an explanation of the dynamics of domestic violence and the role of a board member; (2) (A) Require each advocate who provides direct services to victims to attend fifteen (15) hours of initial staff training approved by the commission or its designee. (B) Initial staff training shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) Proper procedure for answering the crisis telephone hotline; (3) (A) Require each advocate who provides direct services to victims to attend ten (10) hours of continuing education annually that is approved by the commission or its designee. (B) Continuing education shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) The proper procedure for answering the crisis telephone hotline; and (4) (A) Require volunteers who provide direct services to victims to attend ten (10) hours of initial training approved by the commission or its designee. (B) Initial staff training shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group victim service session facilitation; and (v) The proper procedure for answering the crisis telephone hotline. Acts 2003, No. 1276, § 1

Every shelter shall:

(1) (A) Require each member of its board of directors to attend an orientation approved by the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee within six (6) months after joining the board of directors. (B) The orientation shall include an explanation of the dynamics of domestic violence and the role of a board member;

(A) Require each member of its board of directors to attend an orientation approved by the Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee within six (6) months after joining the board of directors.

(B) The orientation shall include an explanation of the dynamics of domestic violence and the role of a board member;

(2) (A) Require each advocate who provides direct services to victims to attend fifteen (15) hours of initial staff training approved by the commission or its designee. (B) Initial staff training shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) Proper procedure for answering the crisis telephone hotline;

(A) Require each advocate who provides direct services to victims to attend fifteen (15) hours of initial staff training approved by the commission or its designee.

(B) Initial staff training shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) Proper procedure for answering the crisis telephone hotline;

(i) Crisis intervention;

(ii) Case management;

(iii) Safety planning;

(iv) Individual or group facilitation; and

(v) Proper procedure for answering the crisis telephone hotline;

(3) (A) Require each advocate who provides direct services to victims to attend ten (10) hours of continuing education annually that is approved by the commission or its designee. (B) Continuing education shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) The proper procedure for answering the crisis telephone hotline; and

(A) Require each advocate who provides direct services to victims to attend ten (10) hours of continuing education annually that is approved by the commission or its designee.

(B) Continuing education shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group facilitation; and (v) The proper procedure for answering the crisis telephone hotline; and

(i) Crisis intervention;

(ii) Case management;

(iii) Safety planning;

(iv) Individual or group facilitation; and

(v) The proper procedure for answering the crisis telephone hotline; and

(4) (A) Require volunteers who provide direct services to victims to attend ten (10) hours of initial training approved by the commission or its designee. (B) Initial staff training shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group victim service session facilitation; and (v) The proper procedure for answering the crisis telephone hotline.

(A) Require volunteers who provide direct services to victims to attend ten (10) hours of initial training approved by the commission or its designee.

(B) Initial staff training shall include the following topics of instruction: (i) Crisis intervention; (ii) Case management; (iii) Safety planning; (iv) Individual or group victim service session facilitation; and (v) The proper procedure for answering the crisis telephone hotline.

(i) Crisis intervention;

(ii) Case management;

(iii) Safety planning;

(iv) Individual or group victim service session facilitation; and

(v) The proper procedure for answering the crisis telephone hotline.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-28-1203 — AR Code / Title 9 / Chapter 28 / Subchapter 12 / Section 9-28-1203
Savings in state costs realized from reduction in number of secure out-of-home placements
Status: in_force

(a) (1) The Division of Youth Services shall establish a method to calculate state costs saved that are realized from a reduction in the number of secure out-of-home placements. (2) (A) The division shall develop a reinvestment plan to redirect savings realized from a reduction in the number of secure out-of-home placements. (B) The division shall complete the development of the reinvestment plan under subdivision (a)(2)(A) of this section by July 1, 2020. (C) The reinvestment plan developed by the division shall: (i) Support the legislative intent and purposes of this subchapter by redirecting savings in state costs that are realized from a reduction in the number of secure out-of-home placements; (ii) Describe the methods and procedures to redirect savings in state costs from a reduction in the number of secure out-of-home placements through the reallocation of resources under § 19-4-522 ; (iii) Describe the method to calculate savings in state costs from a reduction in the number of secure out-of-home placements; (iv) Describe criteria to redirect savings in state costs to implement juvenile justice reform initiatives through evidence-based programs provided by community-based providers, including without limitation requirements for: (a) Applications; (b) Awards; (c) Performance measures; and (d) Monitoring processes; and (v) Describe the methods and procedures to be used to monitor the use of redirected savings in state costs. (b) The division shall include in its annual report: (1) A summary of the data and method used to calculate savings in state costs that are realized from the reduction in the number of secure out-of-home placements; (2) The total amount of savings generated from the reduction in the number of secure out-of-home placements; (3) The impact of reductions in secure out-of-home placements and the redirection of savings in state costs from the reduction in the number of secure out-of-home placements on public safety and outcomes for youths and families; and (4) The overall residential budget and present and future facility needs. (c) The General Assembly shall consider the summary of savings in making appropriations to the division to allow for the support and expansion of proven effective community-based alternatives to secure out-of-home placements for youths who otherwise would have been committed to the division. Amended by Act 2019, No. 189,§ 14, eff. 7/1/2020. Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015

(a) (1) The Division of Youth Services shall establish a method to calculate state costs saved that are realized from a reduction in the number of secure out-of-home placements. (2) (A) The division shall develop a reinvestment plan to redirect savings realized from a reduction in the number of secure out-of-home placements. (B) The division shall complete the development of the reinvestment plan under subdivision (a)(2)(A) of this section by July 1, 2020. (C) The reinvestment plan developed by the division shall: (i) Support the legislative intent and purposes of this subchapter by redirecting savings in state costs that are realized from a reduction in the number of secure out-of-home placements; (ii) Describe the methods and procedures to redirect savings in state costs from a reduction in the number of secure out-of-home placements through the reallocation of resources under § 19-4-522 ; (iii) Describe the method to calculate savings in state costs from a reduction in the number of secure out-of-home placements; (iv) Describe criteria to redirect savings in state costs to implement juvenile justice reform initiatives through evidence-based programs provided by community-based providers, including without limitation requirements for: (a) Applications; (b) Awards; (c) Performance measures; and (d) Monitoring processes; and (v) Describe the methods and procedures to be used to monitor the use of redirected savings in state costs.

(1) The Division of Youth Services shall establish a method to calculate state costs saved that are realized from a reduction in the number of secure out-of-home placements.

(2) (A) The division shall develop a reinvestment plan to redirect savings realized from a reduction in the number of secure out-of-home placements. (B) The division shall complete the development of the reinvestment plan under subdivision (a)(2)(A) of this section by July 1, 2020. (C) The reinvestment plan developed by the division shall: (i) Support the legislative intent and purposes of this subchapter by redirecting savings in state costs that are realized from a reduction in the number of secure out-of-home placements; (ii) Describe the methods and procedures to redirect savings in state costs from a reduction in the number of secure out-of-home placements through the reallocation of resources under § 19-4-522 ; (iii) Describe the method to calculate savings in state costs from a reduction in the number of secure out-of-home placements; (iv) Describe criteria to redirect savings in state costs to implement juvenile justice reform initiatives through evidence-based programs provided by community-based providers, including without limitation requirements for: (a) Applications; (b) Awards; (c) Performance measures; and (d) Monitoring processes; and (v) Describe the methods and procedures to be used to monitor the use of redirected savings in state costs.

(A) The division shall develop a reinvestment plan to redirect savings realized from a reduction in the number of secure out-of-home placements.

(B) The division shall complete the development of the reinvestment plan under subdivision (a)(2)(A) of this section by July 1, 2020.

(C) The reinvestment plan developed by the division shall: (i) Support the legislative intent and purposes of this subchapter by redirecting savings in state costs that are realized from a reduction in the number of secure out-of-home placements; (ii) Describe the methods and procedures to redirect savings in state costs from a reduction in the number of secure out-of-home placements through the reallocation of resources under § 19-4-522 ; (iii) Describe the method to calculate savings in state costs from a reduction in the number of secure out-of-home placements; (iv) Describe criteria to redirect savings in state costs to implement juvenile justice reform initiatives through evidence-based programs provided by community-based providers, including without limitation requirements for: (a) Applications; (b) Awards; (c) Performance measures; and (d) Monitoring processes; and (v) Describe the methods and procedures to be used to monitor the use of redirected savings in state costs.

(i) Support the legislative intent and purposes of this subchapter by redirecting savings in state costs that are realized from a reduction in the number of secure out-of-home placements;

(ii) Describe the methods and procedures to redirect savings in state costs from a reduction in the number of secure out-of-home placements through the reallocation of resources under § 19-4-522 ;

(iii) Describe the method to calculate savings in state costs from a reduction in the number of secure out-of-home placements;

(iv) Describe criteria to redirect savings in state costs to implement juvenile justice reform initiatives through evidence-based programs provided by community-based providers, including without limitation requirements for: (a) Applications; (b) Awards; (c) Performance measures; and (d) Monitoring processes; and

(a) Applications;

(b) Awards;

(c) Performance measures; and

(d) Monitoring processes; and

(v) Describe the methods and procedures to be used to monitor the use of redirected savings in state costs.

(b) The division shall include in its annual report: (1) A summary of the data and method used to calculate savings in state costs that are realized from the reduction in the number of secure out-of-home placements; (2) The total amount of savings generated from the reduction in the number of secure out-of-home placements; (3) The impact of reductions in secure out-of-home placements and the redirection of savings in state costs from the reduction in the number of secure out-of-home placements on public safety and outcomes for youths and families; and (4) The overall residential budget and present and future facility needs.

(1) A summary of the data and method used to calculate savings in state costs that are realized from the reduction in the number of secure out-of-home placements;

(2) The total amount of savings generated from the reduction in the number of secure out-of-home placements;

(3) The impact of reductions in secure out-of-home placements and the redirection of savings in state costs from the reduction in the number of secure out-of-home placements on public safety and outcomes for youths and families; and

(4) The overall residential budget and present and future facility needs.

(c) The General Assembly shall consider the summary of savings in making appropriations to the division to allow for the support and expansion of proven effective community-based alternatives to secure out-of-home placements for youths who otherwise would have been committed to the division.

Amended by Act 2019, No. 189,§ 14, eff. 7/1/2020.

Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015
Ark. Code Ann. § 9-14-516 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-516
Enforcing medical support in Title IV-D cases
Status: in_force

(a) In all cases in which either parent is ordered to provide medical support and the court order is enforced by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the office shall utilize the National Medical Support Notice in compliance with federal regulations 45 C.F.R. § 303.32 and 29 C.F.R. Part 2590 as they existed on March 27, 2001. (b) Unless the court or administrative order stipulates alternative coverage, the office shall send the National Medical Support Notice to the employer or payor within two (2) business days of receiving employment information or matching with employer information contained in the National Directory of New Hires. (c) Immediately upon receipt of the National Medical Support Notice, the employer or payor shall deduct from wages or other income an amount sufficient to cover the cost of the healthcare premiums and shall forward that amount to the healthcare plan administrator. (d) (1) The Consumer Credit Protection Act, 15 U.S.C. §§ 1671 - 1677 , limits shall apply to the combined total withheld for both child support and medical coverage. (2) Income withholding for child support shall take priority over the deduction for healthcare premiums. (e) The employer or payor shall transmit the National Medical Support Notice to the healthcare plan administrator no later than twenty (20) business days after the date of the notice. (f) (1) The healthcare plan administrator shall complete the enrollment requirements for the child and notify the parents and the child, if the child resides at an address other than the address of the custodial parent, that coverage is or will become available. (2) The healthcare plan administrator shall also furnish the custodial parent, within forty (40) business days after the posting date of the National Medical Support Notice, the following: (A) A description of the coverage; (B) The effective date of the coverage; and (C) Any forms or documents necessary to effectuate the coverage. (g) The office, in consultation with the custodial parent, shall promptly select from available plan options when the plan administrator reports that there is more than one (1) option available under the plan. (h) (1) (A) The obligor may contest the income withholding for healthcare premiums based on a mistake of fact by objecting, within twenty (20) days after receipt of the notice, to the court or its representative. (B) Notice of the objection shall be provided to the office. (2) In order for the child to be enrolled in the health plan while the matter is being reviewed, the employer shall: (A) Implement withholding immediately; and (B) Forward the National Medical Support Notice to the health plan administrator. (i) The employer shall notify the office promptly when the employment of the obligor is terminated and provide the office: (1) The obligor's last known address; and (2) The name and address of the obligor's employer, if known. (j) The office shall notify the employer when there is no longer a current order for medical support in effect for which the Title IV-D agency is responsible. Acts 2003, No. 1020, § 17

(a) In all cases in which either parent is ordered to provide medical support and the court order is enforced by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the office shall utilize the National Medical Support Notice in compliance with federal regulations 45 C.F.R. § 303.32 and 29 C.F.R. Part 2590 as they existed on March 27, 2001.

(b) Unless the court or administrative order stipulates alternative coverage, the office shall send the National Medical Support Notice to the employer or payor within two (2) business days of receiving employment information or matching with employer information contained in the National Directory of New Hires.

(c) Immediately upon receipt of the National Medical Support Notice, the employer or payor shall deduct from wages or other income an amount sufficient to cover the cost of the healthcare premiums and shall forward that amount to the healthcare plan administrator.

(d) (1) The Consumer Credit Protection Act, 15 U.S.C. §§ 1671 - 1677 , limits shall apply to the combined total withheld for both child support and medical coverage. (2) Income withholding for child support shall take priority over the deduction for healthcare premiums.

(1) The Consumer Credit Protection Act, 15 U.S.C. §§ 1671 - 1677 , limits shall apply to the combined total withheld for both child support and medical coverage.

(2) Income withholding for child support shall take priority over the deduction for healthcare premiums.

(e) The employer or payor shall transmit the National Medical Support Notice to the healthcare plan administrator no later than twenty (20) business days after the date of the notice.

(f) (1) The healthcare plan administrator shall complete the enrollment requirements for the child and notify the parents and the child, if the child resides at an address other than the address of the custodial parent, that coverage is or will become available. (2) The healthcare plan administrator shall also furnish the custodial parent, within forty (40) business days after the posting date of the National Medical Support Notice, the following: (A) A description of the coverage; (B) The effective date of the coverage; and (C) Any forms or documents necessary to effectuate the coverage.

(1) The healthcare plan administrator shall complete the enrollment requirements for the child and notify the parents and the child, if the child resides at an address other than the address of the custodial parent, that coverage is or will become available.

(2) The healthcare plan administrator shall also furnish the custodial parent, within forty (40) business days after the posting date of the National Medical Support Notice, the following: (A) A description of the coverage; (B) The effective date of the coverage; and (C) Any forms or documents necessary to effectuate the coverage.

(A) A description of the coverage;

(B) The effective date of the coverage; and

(C) Any forms or documents necessary to effectuate the coverage.

(g) The office, in consultation with the custodial parent, shall promptly select from available plan options when the plan administrator reports that there is more than one (1) option available under the plan.

(h) (1) (A) The obligor may contest the income withholding for healthcare premiums based on a mistake of fact by objecting, within twenty (20) days after receipt of the notice, to the court or its representative. (B) Notice of the objection shall be provided to the office. (2) In order for the child to be enrolled in the health plan while the matter is being reviewed, the employer shall: (A) Implement withholding immediately; and (B) Forward the National Medical Support Notice to the health plan administrator.

(1) (A) The obligor may contest the income withholding for healthcare premiums based on a mistake of fact by objecting, within twenty (20) days after receipt of the notice, to the court or its representative. (B) Notice of the objection shall be provided to the office.

(A) The obligor may contest the income withholding for healthcare premiums based on a mistake of fact by objecting, within twenty (20) days after receipt of the notice, to the court or its representative.

(B) Notice of the objection shall be provided to the office.

(2) In order for the child to be enrolled in the health plan while the matter is being reviewed, the employer shall: (A) Implement withholding immediately; and (B) Forward the National Medical Support Notice to the health plan administrator.

(A) Implement withholding immediately; and

(B) Forward the National Medical Support Notice to the health plan administrator.

(i) The employer shall notify the office promptly when the employment of the obligor is terminated and provide the office: (1) The obligor's last known address; and (2) The name and address of the obligor's employer, if known.

(1) The obligor's last known address; and

(2) The name and address of the obligor's employer, if known.

(j) The office shall notify the employer when there is no longer a current order for medical support in effect for which the Title IV-D agency is responsible.

Acts 2003, No. 1020, § 17
Ark. Code Ann. § 9-27-317 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-317
Waiver of right to counsel - Detention of juvenile - Questioning
Status: in_force

(a) Waiver of the right to counsel at a delinquency or family in need of services hearing shall be accepted only upon a finding by the court from clear and convincing evidence, after questioning the juvenile, that: (1) The juvenile understands the full implications of the right to counsel; (2) The juvenile freely, voluntarily, and intelligently wishes to waive the right to counsel; and (3) The parent, guardian, custodian, or counsel for the juvenile has agreed with the juvenile's decision to waive the right to counsel. (b) The agreement of the parent, guardian, custodian, or attorney shall be accepted by the court only if the court finds: (1) That the person has freely, voluntarily, and intelligently made the decision to agree with the juvenile's waiver of the right to counsel; (2) That the person has no interest adverse to the juvenile; and (3) That the person has consulted with the juvenile in regard to the juvenile's waiver of the right to counsel. (c) In determining whether a juvenile's waiver of the right to counsel at any stage of the proceeding was made freely, voluntarily, and intelligently, the court shall consider all the circumstances of the waiver, including: (1) The juvenile's physical, mental, and emotional maturity; (2) Whether the juvenile understood the consequences of the waiver; (3) In cases in which the custodial parent, guardian, or custodian agreed with the juvenile's waiver of the right to counsel, whether the parent, guardian, or custodian understood the consequences of the waiver; (4) Whether the juvenile and his or her custodial parent, guardian, or custodian were informed of the alleged delinquent act; (5) Whether the waiver of the right to counsel was the result of any coercion, force, or inducement; (6) Whether the juvenile and his or her custodial parent, guardian, or custodian had been advised of the juvenile's right to remain silent and to the appointment of counsel and had waived such rights; and (7) Whether the waiver was recorded in audio or video format and the circumstances surrounding the availability or unavailability of the recorded waiver. (d) No waiver of the right to counsel shall be accepted in any case in which the parent, guardian, or custodian has filed a petition against the juvenile, initiated the filing of a petition against the juvenile, or requested the removal of the juvenile from the home. (e) No waiver of the right to counsel shall be accepted in any case in which counsel was appointed due to the likelihood of the juvenile's commitment to an institution under § 9-27-316(d) . (f) No waiver of counsel shall be accepted when a juvenile has been designated an extended juvenile jurisdiction offender. (g) No waiver of the right to counsel shall be accepted when a juvenile is in the custody of the Department of Human Services, including the Division of Youth Services. (h) (1) All waivers of the right to counsel, except those made in the presence of the court pursuant to subsection (a) of this section, shall be in writing and signed by the juvenile. (2) (A) When a custodial parent, guardian, or custodian cannot be located or is located and refuses to go to the place where the juvenile is being held, counsel shall be appointed for the juvenile. (B) Procedures shall then be the same as if the juvenile had invoked counsel. (i) (1) (A) Whenever a law enforcement officer has reasonable cause to believe that any juvenile found at or near the scene of a felony is a witness to the offense, he or she may stop that juvenile. (B) After having identified himself or herself, the officer must advise the juvenile of the purpose of the stopping and may then demand of the juvenile his or her name, address, and any information the juvenile may have regarding the offense. (C) Such detention shall in all cases be reasonable and shall not exceed fifteen (15) minutes, unless the juvenile shall refuse to give this information, in which case the juvenile, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his or her name, address, or the information the juvenile may have regarding the offense. (2) (A) A law enforcement officer who takes a juvenile into custody for a delinquent or criminal offense shall advise the juvenile of his or her Miranda rights in the juvenile's own language. (B) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense until the law enforcement officer has advised the juvenile of his or her rights pursuant to subdivision (i)(2)(C) of this section in the juvenile's own language. (C) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense if the juvenile has indicated in any manner that he or she: (i) Does not wish to be questioned; (ii) Wishes to speak with his or her custodial parent, guardian, or custodian or to have that person present; or (iii) Wishes to consult counsel before submitting to any questioning. (D) Any waiver of the right to counsel by a juvenile shall conform to subsection (h) of this section. Acts 1989, No. 273, § 16; 1994 (2nd Ex. Sess.), No. 67, § 1; 1994 (2nd Ex. Sess.), No. 68, § 1; 1999, No. 1192, § 15; 2001, No. 1610, § 3; 2009, No. 759, § 2

(a) Waiver of the right to counsel at a delinquency or family in need of services hearing shall be accepted only upon a finding by the court from clear and convincing evidence, after questioning the juvenile, that: (1) The juvenile understands the full implications of the right to counsel; (2) The juvenile freely, voluntarily, and intelligently wishes to waive the right to counsel; and (3) The parent, guardian, custodian, or counsel for the juvenile has agreed with the juvenile's decision to waive the right to counsel.

(1) The juvenile understands the full implications of the right to counsel;

(2) The juvenile freely, voluntarily, and intelligently wishes to waive the right to counsel; and

(3) The parent, guardian, custodian, or counsel for the juvenile has agreed with the juvenile's decision to waive the right to counsel.

(b) The agreement of the parent, guardian, custodian, or attorney shall be accepted by the court only if the court finds: (1) That the person has freely, voluntarily, and intelligently made the decision to agree with the juvenile's waiver of the right to counsel; (2) That the person has no interest adverse to the juvenile; and (3) That the person has consulted with the juvenile in regard to the juvenile's waiver of the right to counsel.

(1) That the person has freely, voluntarily, and intelligently made the decision to agree with the juvenile's waiver of the right to counsel;

(2) That the person has no interest adverse to the juvenile; and

(3) That the person has consulted with the juvenile in regard to the juvenile's waiver of the right to counsel.

(c) In determining whether a juvenile's waiver of the right to counsel at any stage of the proceeding was made freely, voluntarily, and intelligently, the court shall consider all the circumstances of the waiver, including: (1) The juvenile's physical, mental, and emotional maturity; (2) Whether the juvenile understood the consequences of the waiver; (3) In cases in which the custodial parent, guardian, or custodian agreed with the juvenile's waiver of the right to counsel, whether the parent, guardian, or custodian understood the consequences of the waiver; (4) Whether the juvenile and his or her custodial parent, guardian, or custodian were informed of the alleged delinquent act; (5) Whether the waiver of the right to counsel was the result of any coercion, force, or inducement; (6) Whether the juvenile and his or her custodial parent, guardian, or custodian had been advised of the juvenile's right to remain silent and to the appointment of counsel and had waived such rights; and (7) Whether the waiver was recorded in audio or video format and the circumstances surrounding the availability or unavailability of the recorded waiver.

(1) The juvenile's physical, mental, and emotional maturity;

(2) Whether the juvenile understood the consequences of the waiver;

(3) In cases in which the custodial parent, guardian, or custodian agreed with the juvenile's waiver of the right to counsel, whether the parent, guardian, or custodian understood the consequences of the waiver;

(4) Whether the juvenile and his or her custodial parent, guardian, or custodian were informed of the alleged delinquent act;

(5) Whether the waiver of the right to counsel was the result of any coercion, force, or inducement;

(6) Whether the juvenile and his or her custodial parent, guardian, or custodian had been advised of the juvenile's right to remain silent and to the appointment of counsel and had waived such rights; and

(7) Whether the waiver was recorded in audio or video format and the circumstances surrounding the availability or unavailability of the recorded waiver.

(d) No waiver of the right to counsel shall be accepted in any case in which the parent, guardian, or custodian has filed a petition against the juvenile, initiated the filing of a petition against the juvenile, or requested the removal of the juvenile from the home.

(e) No waiver of the right to counsel shall be accepted in any case in which counsel was appointed due to the likelihood of the juvenile's commitment to an institution under § 9-27-316(d) .

(f) No waiver of counsel shall be accepted when a juvenile has been designated an extended juvenile jurisdiction offender.

(g) No waiver of the right to counsel shall be accepted when a juvenile is in the custody of the Department of Human Services, including the Division of Youth Services.

(h) (1) All waivers of the right to counsel, except those made in the presence of the court pursuant to subsection (a) of this section, shall be in writing and signed by the juvenile. (2) (A) When a custodial parent, guardian, or custodian cannot be located or is located and refuses to go to the place where the juvenile is being held, counsel shall be appointed for the juvenile. (B) Procedures shall then be the same as if the juvenile had invoked counsel.

(1) All waivers of the right to counsel, except those made in the presence of the court pursuant to subsection (a) of this section, shall be in writing and signed by the juvenile.

(2) (A) When a custodial parent, guardian, or custodian cannot be located or is located and refuses to go to the place where the juvenile is being held, counsel shall be appointed for the juvenile. (B) Procedures shall then be the same as if the juvenile had invoked counsel.

(A) When a custodial parent, guardian, or custodian cannot be located or is located and refuses to go to the place where the juvenile is being held, counsel shall be appointed for the juvenile.

(B) Procedures shall then be the same as if the juvenile had invoked counsel.

(i) (1) (A) Whenever a law enforcement officer has reasonable cause to believe that any juvenile found at or near the scene of a felony is a witness to the offense, he or she may stop that juvenile. (B) After having identified himself or herself, the officer must advise the juvenile of the purpose of the stopping and may then demand of the juvenile his or her name, address, and any information the juvenile may have regarding the offense. (C) Such detention shall in all cases be reasonable and shall not exceed fifteen (15) minutes, unless the juvenile shall refuse to give this information, in which case the juvenile, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his or her name, address, or the information the juvenile may have regarding the offense. (2) (A) A law enforcement officer who takes a juvenile into custody for a delinquent or criminal offense shall advise the juvenile of his or her Miranda rights in the juvenile's own language. (B) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense until the law enforcement officer has advised the juvenile of his or her rights pursuant to subdivision (i)(2)(C) of this section in the juvenile's own language. (C) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense if the juvenile has indicated in any manner that he or she: (i) Does not wish to be questioned; (ii) Wishes to speak with his or her custodial parent, guardian, or custodian or to have that person present; or (iii) Wishes to consult counsel before submitting to any questioning. (D) Any waiver of the right to counsel by a juvenile shall conform to subsection (h) of this section.

(1) (A) Whenever a law enforcement officer has reasonable cause to believe that any juvenile found at or near the scene of a felony is a witness to the offense, he or she may stop that juvenile. (B) After having identified himself or herself, the officer must advise the juvenile of the purpose of the stopping and may then demand of the juvenile his or her name, address, and any information the juvenile may have regarding the offense. (C) Such detention shall in all cases be reasonable and shall not exceed fifteen (15) minutes, unless the juvenile shall refuse to give this information, in which case the juvenile, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his or her name, address, or the information the juvenile may have regarding the offense.

(A) Whenever a law enforcement officer has reasonable cause to believe that any juvenile found at or near the scene of a felony is a witness to the offense, he or she may stop that juvenile.

(B) After having identified himself or herself, the officer must advise the juvenile of the purpose of the stopping and may then demand of the juvenile his or her name, address, and any information the juvenile may have regarding the offense.

(C) Such detention shall in all cases be reasonable and shall not exceed fifteen (15) minutes, unless the juvenile shall refuse to give this information, in which case the juvenile, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his or her name, address, or the information the juvenile may have regarding the offense.

(2) (A) A law enforcement officer who takes a juvenile into custody for a delinquent or criminal offense shall advise the juvenile of his or her Miranda rights in the juvenile's own language. (B) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense until the law enforcement officer has advised the juvenile of his or her rights pursuant to subdivision (i)(2)(C) of this section in the juvenile's own language. (C) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense if the juvenile has indicated in any manner that he or she: (i) Does not wish to be questioned; (ii) Wishes to speak with his or her custodial parent, guardian, or custodian or to have that person present; or (iii) Wishes to consult counsel before submitting to any questioning. (D) Any waiver of the right to counsel by a juvenile shall conform to subsection (h) of this section.

(A) A law enforcement officer who takes a juvenile into custody for a delinquent or criminal offense shall advise the juvenile of his or her Miranda rights in the juvenile's own language.

(B) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense until the law enforcement officer has advised the juvenile of his or her rights pursuant to subdivision (i)(2)(C) of this section in the juvenile's own language.

(C) A law enforcement officer shall not question a juvenile who has been taken into custody for a delinquent act or criminal offense if the juvenile has indicated in any manner that he or she: (i) Does not wish to be questioned; (ii) Wishes to speak with his or her custodial parent, guardian, or custodian or to have that person present; or (iii) Wishes to consult counsel before submitting to any questioning.

(i) Does not wish to be questioned;

(ii) Wishes to speak with his or her custodial parent, guardian, or custodian or to have that person present; or

(iii) Wishes to consult counsel before submitting to any questioning.

(D) Any waiver of the right to counsel by a juvenile shall conform to subsection (h) of this section.

Acts 1989, No. 273, § 16; 1994 (2nd Ex. Sess.), No. 67, § 1; 1994 (2nd Ex. Sess.), No. 68, § 1; 1999, No. 1192, § 15; 2001, No. 1610, § 3; 2009, No. 759, § 2
Ark. Code Ann. § 9-20-111 — AR Code / Title 9 / Chapter 20 / Section 9-20-111
Notification
Status: in_force

(a) All maltreated adults named as the respondent shall be served with a copy of the petition under the Arkansas Rules of Civil Procedure. (b) The Department of Human Services shall provide immediate notice of the date, time, and location of the probable cause hearing to: (1) The respondent; (2) The person from whom physical custody of the respondent was removed; and (3) Counsel for the respondent. (c) The pleadings served on the respondent shall include a statement of the right to: (1) (A) Have an attorney represent him or her in this matter. (B) If the respondent desires an attorney to represent him or her but the respondent cannot afford to hire an attorney, an attorney will be appointed to represent the respondent by the court at no cost to the respondent; (2) Be present at the hearing; (3) Present evidence on the respondent's own behalf; (4) Cross-examine witnesses who testify against him or her; (5) Present witnesses in the respondent's own behalf; (6) Remain silent; and (7) View and copy all petitions, reports, and documents retained in the court file. (d) Notice of the long-term custody hearing shall be given to: (1) The legal counsel of the respondent; (2) The next of kin of the respondent whose names and addresses are known to the petitioner; (3) The person having physical custody of the respondent; (4) Any person named in the petition; and (5) Any other persons or entities that the court may require. Acts 2005, No. 1811, § 1; 2009, No. 526, § 5

(a) All maltreated adults named as the respondent shall be served with a copy of the petition under the Arkansas Rules of Civil Procedure.

(b) The Department of Human Services shall provide immediate notice of the date, time, and location of the probable cause hearing to: (1) The respondent; (2) The person from whom physical custody of the respondent was removed; and (3) Counsel for the respondent.

(1) The respondent;

(2) The person from whom physical custody of the respondent was removed; and

(3) Counsel for the respondent.

(c) The pleadings served on the respondent shall include a statement of the right to: (1) (A) Have an attorney represent him or her in this matter. (B) If the respondent desires an attorney to represent him or her but the respondent cannot afford to hire an attorney, an attorney will be appointed to represent the respondent by the court at no cost to the respondent; (2) Be present at the hearing; (3) Present evidence on the respondent's own behalf; (4) Cross-examine witnesses who testify against him or her; (5) Present witnesses in the respondent's own behalf; (6) Remain silent; and (7) View and copy all petitions, reports, and documents retained in the court file.

(1) (A) Have an attorney represent him or her in this matter. (B) If the respondent desires an attorney to represent him or her but the respondent cannot afford to hire an attorney, an attorney will be appointed to represent the respondent by the court at no cost to the respondent;

(A) Have an attorney represent him or her in this matter.

(B) If the respondent desires an attorney to represent him or her but the respondent cannot afford to hire an attorney, an attorney will be appointed to represent the respondent by the court at no cost to the respondent;

(2) Be present at the hearing;

(3) Present evidence on the respondent's own behalf;

(4) Cross-examine witnesses who testify against him or her;

(5) Present witnesses in the respondent's own behalf;

(6) Remain silent; and

(7) View and copy all petitions, reports, and documents retained in the court file.

(d) Notice of the long-term custody hearing shall be given to: (1) The legal counsel of the respondent; (2) The next of kin of the respondent whose names and addresses are known to the petitioner; (3) The person having physical custody of the respondent; (4) Any person named in the petition; and (5) Any other persons or entities that the court may require.

(1) The legal counsel of the respondent;

(2) The next of kin of the respondent whose names and addresses are known to the petitioner;

(3) The person having physical custody of the respondent;

(4) Any person named in the petition; and

(5) Any other persons or entities that the court may require.

Acts 2005, No. 1811, § 1; 2009, No. 526, § 5
Ark. Code Ann. § 9-19-202 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-202
Exclusive, continuing jurisdiction
Status: in_force

(a) Except as otherwise provided in § 9-19-204 , a court of this state which has made a child-custody determination consistent with § 9-19-201 or § 9-19-203 has exclusive, continuing jurisdiction over the determination until: (1) a court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or (2) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state. (b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 9-19-201 . Acts 1999, No. 668, § 202

(a) Except as otherwise provided in § 9-19-204 , a court of this state which has made a child-custody determination consistent with § 9-19-201 or § 9-19-203 has exclusive, continuing jurisdiction over the determination until: (1) a court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or (2) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.

(1) a court of this state determines that neither the child, nor the child and one (1) parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or

(2) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.

(b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 9-19-201 .

Acts 1999, No. 668, § 202
Ark. Code Ann. § 9-11-220 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-220
Duty of clerk on return of license - Issuance of certificate
Status: in_force

(a) Upon the return of any license officially signed as having been executed and that the parties therein named have been duly and according to law joined in marriage, the clerk issuing the license shall make a record thereof in the marriage record in his or her office. (b) The clerk shall immediately make out a certificate of the record, giving the names, date, book, and page, together with the name of the county and state, and attach the certificate to the license and return the license to the party presenting it. (c) The certificate shall be sealed with the county seal. (d) The circuit clerks in counties having two (2) judicial districts shall keep a record at the county site of each district in which marriage licenses shall be recorded. (e) (1) If a license has been returned and recorded by the clerk that contains clerical or scrivener's errors, the licensee may submit proof of the error to the circuit court in an ex parte proceeding. (2) The court, upon a finding of error, shall order the county clerk to correct the errors on the license. (3) The licensee shall not be charged a fee for filing a request to correct clerical or scrivener's errors. (f) On the face of the certificate shall appear the certification to the fact of marriage, including, if applicable, a designation that the parties entered into a covenant marriage signed by the parties to the marriage and the witnesses, and the signature and title of the officiant. Amended by Act 2015, No. 1127,§ 3, eff. 7/22/2015 Acts 1875, No. 127, § 9, p. 260; 1901, No. 123, § 2, p. 194; C. & M. Dig., §§ 7059, 7067; Pope's Dig., §§ 9041, 9049; A.S.A. 1947, §§ 55-226, 55-227; Acts 2001, No. 751, § 1; 2001, No. 1486, § 4

(a) Upon the return of any license officially signed as having been executed and that the parties therein named have been duly and according to law joined in marriage, the clerk issuing the license shall make a record thereof in the marriage record in his or her office.

(b) The clerk shall immediately make out a certificate of the record, giving the names, date, book, and page, together with the name of the county and state, and attach the certificate to the license and return the license to the party presenting it.

(c) The certificate shall be sealed with the county seal.

(d) The circuit clerks in counties having two (2) judicial districts shall keep a record at the county site of each district in which marriage licenses shall be recorded.

(e) (1) If a license has been returned and recorded by the clerk that contains clerical or scrivener's errors, the licensee may submit proof of the error to the circuit court in an ex parte proceeding. (2) The court, upon a finding of error, shall order the county clerk to correct the errors on the license. (3) The licensee shall not be charged a fee for filing a request to correct clerical or scrivener's errors.

(1) If a license has been returned and recorded by the clerk that contains clerical or scrivener's errors, the licensee may submit proof of the error to the circuit court in an ex parte proceeding.

(2) The court, upon a finding of error, shall order the county clerk to correct the errors on the license.

(3) The licensee shall not be charged a fee for filing a request to correct clerical or scrivener's errors.

(f) On the face of the certificate shall appear the certification to the fact of marriage, including, if applicable, a designation that the parties entered into a covenant marriage signed by the parties to the marriage and the witnesses, and the signature and title of the officiant.

Amended by Act 2015, No. 1127,§ 3, eff. 7/22/2015

Acts 1875, No. 127, § 9, p. 260; 1901, No. 123, § 2, p. 194; C. & M. Dig., §§ 7059, 7067; Pope's Dig., §§ 9041, 9049; A.S.A. 1947, §§ 55-226, 55-227; Acts 2001, No. 751, § 1; 2001, No. 1486, § 4