Ark. Code Ann. § 9-4-110 — AR Code / Title 9 / Chapter 4 / Section 9-4-110
Reports
Status: in_force

The Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee shall provide an annual report by October 1 of each year to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs containing the following information: (1) The incidence of domestic violence in this state based on information obtained from shelters under this chapter; (2) A description of shelters that meet the requirements of and receive funding from the commission or its designee under this chapter; and (3) The number of persons assisted by the shelters that receive funding from the commission or its designee under this chapter. Acts 2003, No. 1276, § 1

The Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee shall provide an annual report by October 1 of each year to the Chair of the Senate Interim Committee on Children and Youth and the Chair of the House Committee on Aging, Children and Youth, Legislative and Military Affairs containing the following information:

(1) The incidence of domestic violence in this state based on information obtained from shelters under this chapter;

(2) A description of shelters that meet the requirements of and receive funding from the commission or its designee under this chapter; and

(3) The number of persons assisted by the shelters that receive funding from the commission or its designee under this chapter.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-10-104 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-104
Suit to determine paternity of child born outside of marriage
Status: in_force

Petitions for paternity establishment may be filed by: (1) A biological mother; (2) A putative father; (3) A person for whom paternity is not presumed or established by court order, including a parent or grandparent of a deceased putative father; or (4) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. Acts 1981, No. 664, §§ 1, 2; A.S.A. 1947, §§ 34-716, 34-717; Acts 1989, No. 725, § 4; 1995, No. 1184, § 1; 2009, No. 1312, § 1

Petitions for paternity establishment may be filed by:

(1) A biological mother;

(2) A putative father;

(3) A person for whom paternity is not presumed or established by court order, including a parent or grandparent of a deceased putative father; or

(4) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

Acts 1981, No. 664, §§ 1, 2; A.S.A. 1947, §§ 34-716, 34-717; Acts 1989, No. 725, § 4; 1995, No. 1184, § 1; 2009, No. 1312, § 1
Ark. Code Ann. § 9-14-510 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-510
Determination of contest
Status: in_force

(a) Should the noncustodial parent contest the withholding because of mistake of fact, then, after providing the noncustodial parent an opportunity to present his or her case, the court or its representative shall determine whether the withholding shall occur and shall notify the noncustodial parent of the determination and, if appropriate, the time period in which withholding will commence. (b) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, § 9-14-516 shall apply. Acts 1991, No. 368, § 10; 2003, No. 1020, § 13

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

(b) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, § 9-14-516 shall apply.

Acts 1991, No. 368, § 10; 2003, No. 1020, § 13
Ark. Code Ann. § 9-27-305 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-305
Applicability
Status: in_force

Any juvenile within this state may be subjected to the care, custody, control, and jurisdiction of the circuit court. Acts 1989, No. 273, § 4; 2003, No. 1166, § 3

Any juvenile within this state may be subjected to the care, custody, control, and jurisdiction of the circuit court.

Acts 1989, No. 273, § 4; 2003, No. 1166, § 3
Ark. Code Ann. § 9-11-303 — AR Code / Title 9 / Chapter 11 / Subchapter 3 / Section 9-11-303
Recordation - Effect
Status: in_force

(a) Every marriage contract whereby any real estate is conveyed or secured shall be recorded with the certificate of proof or acknowledgment in the office of the clerk and recorder of every county in which any estate intended to be affected or conveyed shall be situated. (b) When a marriage contract is deposited with the recorder of any county for record, it shall be deemed full notice to all persons of the contents thereof, as far as relates to real estate affected thereby in the county where it is deposited. Rev. Stat., ch. 95, §§ 3, 4; C. & M. Dig., §§ 7030, 7031; Pope's Dig., §§ 9010, 9011; A.S.A. 1947, §§ 55-303, 55-304

(a) Every marriage contract whereby any real estate is conveyed or secured shall be recorded with the certificate of proof or acknowledgment in the office of the clerk and recorder of every county in which any estate intended to be affected or conveyed shall be situated.

(b) When a marriage contract is deposited with the recorder of any county for record, it shall be deemed full notice to all persons of the contents thereof, as far as relates to real estate affected thereby in the county where it is deposited.

Rev. Stat., ch. 95, §§ 3, 4; C. & M. Dig., §§ 7030, 7031; Pope's Dig., §§ 9010, 9011; A.S.A. 1947, §§ 55-303, 55-304
Ark. Code Ann. § 9-27-806 — AR Code / Title 9 / Chapter 27 / Subchapter 8 / Section 9-27-806
Family Treatment Specialty Court Program Fund
Status: in_force

(a) Each approved family treatment specialty court shall establish a fund known as the "Family Treatment Specialty Court Program Fund". (b) Approval of the judge presiding over the family treatment specialty court program is required for all expenditures from the fund. (c) Expenditures from the fund shall be used solely for the support, benefit, and administration of the family treatment specialty court program. (d) Expenditures may be made for indirect expenses related to the family treatment specialty court program, including: (1) Training and travel expenses; (2) Family treatment specialty court program user incentives; (3) Graduation costs; and (4) Supplies. (e) The quorum court shall appropriate all fees and pay for all approved expenditures of the family treatment specialty court program. (f) A grant awarded to a family treatment specialty court program, as well as all memorials, honorariums, and other monetary gifts to the family treatment specialty court program, shall be deposited into the fund. Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.

(a) Each approved family treatment specialty court shall establish a fund known as the "Family Treatment Specialty Court Program Fund".

(b) Approval of the judge presiding over the family treatment specialty court program is required for all expenditures from the fund.

(c) Expenditures from the fund shall be used solely for the support, benefit, and administration of the family treatment specialty court program.

(d) Expenditures may be made for indirect expenses related to the family treatment specialty court program, including: (1) Training and travel expenses; (2) Family treatment specialty court program user incentives; (3) Graduation costs; and (4) Supplies.

(1) Training and travel expenses;

(2) Family treatment specialty court program user incentives;

(3) Graduation costs; and

(4) Supplies.

(e) The quorum court shall appropriate all fees and pay for all approved expenditures of the family treatment specialty court program.

(f) A grant awarded to a family treatment specialty court program, as well as all memorials, honorariums, and other monetary gifts to the family treatment specialty court program, shall be deposited into the fund.

Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 9-26-104 — AR Code / Title 9 / Chapter 26 / Subchapter 1 / Section 9-26-104
Removal of disability of a minor
Status: in_force

(a) The circuit courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his or her sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age. (b) Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority. (c) The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation. (d) (1) The circuit courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have jurisdiction to remove the disabilities of minority of the minor when the person has reached sixteen (16) years of age, as to the real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age. (2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court. (e) After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure. Acts 1937, No. 235, § 1; Pope's Dig., § 7453; Acts 1941, No. 336, § 1; 1969, No. 28, § 1; 1969, No. 29, § 1; 1979, No. 640, §§ 1, 2; A.S.A. 1947, §§ 34-2001, 34-2002; Acts 1989, No. 382, § 1

(a) The circuit courts of this state or the respective judges thereof in vacation shall have the power to authorize any person who is a resident of the county and who has reached his or her sixteenth birthday to transact business in general and any particular business specified in like manner and with the same effect as if such act or thing were done by a person who had attained majority. Every act done by a person so authorized shall have the same force and effect in law and equity as if done by a person of full age.

(b) Letters testamentary, of administration, or of guardianship may be granted to any such person, if otherwise entitled by law to have or hold such fiduciary trust, with like effect as if granted to a person over the age of majority.

(c) The order of removal of disabilities may be made by the courts, or the respective judges thereof, in term time or in vacation.

(d) (1) The circuit courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have jurisdiction to remove the disabilities of minority of the minor when the person has reached sixteen (16) years of age, as to the real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age. (2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.

(1) The circuit courts of any county in which a nonresident minor of the State of Arkansas owns real estate, or any interest in real estate, shall have jurisdiction to remove the disabilities of minority of the minor when the person has reached sixteen (16) years of age, as to the real estate. This may be done to enable the minor to sell and convey the real estate, or any interest therein, which may be owned by the minor or to mortgage or otherwise dispose of the real estate, as fully and effectually as if the minor was of full age.

(2) The order of removal of disabilities may be made by the courts, or the respective judges thereof in term time or in vacation, and, if made in vacation, shall be entered at large upon the records of the court.

(e) After the filing of a petition to remove the disability of a minor, the court shall fix a time and place for hearing the petition. At least twenty (20) days before the date of the hearing, notice of the filing of the petition and of the time and place of the hearing shall be given by the petitioner to any parent or legal guardian of the minor who has not joined in the petition. The notice shall be given in the same manner as is provided for summons under the Arkansas Rules of Civil Procedure.

Acts 1937, No. 235, § 1; Pope's Dig., § 7453; Acts 1941, No. 336, § 1; 1969, No. 28, § 1; 1969, No. 29, § 1; 1979, No. 640, §§ 1, 2; A.S.A. 1947, §§ 34-2001, 34-2002; Acts 1989, No. 382, § 1
Ark. Code Ann. § 9-28-118 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-118
Training hours for employees
Status: in_force

All Division of Children and Family Services caseworkers, supervisors, and area directors shall have at least one (1) hour of annual training on issues related to: (1) Separation and placement; and (2) The grief and loss that children experience in foster care with multiple placements. Acts 2011, No. 591, § 1

All Division of Children and Family Services caseworkers, supervisors, and area directors shall have at least one (1) hour of annual training on issues related to:

(1) Separation and placement; and

(2) The grief and loss that children experience in foster care with multiple placements.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-11-204 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-204
Issuance of license unlawfully - Penalty
Status: in_force

If any county clerk in this state shall issue any license contrary to the provisions of this act, or to any persons who are declared by law as not entitled to the license, he or she shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Acts 1875, No. 127, § 8 (1st part), p. 260; C. & M. Dig., § 7065; Pope's Dig., § 9047; A.S.A. 1947, § 55-214

If any county clerk in this state shall issue any license contrary to the provisions of this act, or to any persons who are declared by law as not entitled to the license, he or she shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Acts 1875, No. 127, § 8 (1st part), p. 260; C. & M. Dig., § 7065; Pope's Dig., § 9047; A.S.A. 1947, § 55-214
Ark. Code Ann. § 9-5-101 — AR Code / Title 9 / Chapter 5 / Section 9-5-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Child Safety Center Act". Acts 2007, No. 703, § 5

This chapter shall be known and may be cited as the "Arkansas Child Safety Center Act".

Acts 2007, No. 703, § 5
Ark. Code Ann. § 9-11-214 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-214
Recordation of credentials of clerical character
Status: in_force

(a) No minister of the gospel or priest of any religious sect or denomination shall be authorized to solemnize the rites of matrimony in this state until the minister or priest has caused to be recorded his or her license or credentials of his or her clerical character in the office of the county clerk of some county in this state. The minister or priest must also have obtained from the clerk a certificate, under his or her hand and seal, that the credentials are duly recorded in his or her office. (b) It shall be the duty of a minister of the gospel or priest to add to the certificate of marriage required by law a statement setting forth the county where and the time when his or her license or credentials were so recorded. (c) Any minister of the gospel, priest of any religious sect or denomination, or any person purporting to be such, who shall solemnize the rites of matrimony contrary to the provisions of this section, shall be deemed guilty of a misdemeanor. On conviction he or she shall be fined in any sum not less than one hundred dollars ($100). (d) (1) It shall be the duty of the clerk and recorder in each county, seasonably to record, in a well-bound book to be kept for that purpose, all licenses or credentials of clerical character of the persons who deposit the licenses or credentials of clerical character with him or her for record. (2) Any clerk failing to comply with the provisions of this subsection shall, on motion of the party aggrieved, giving the clerk ten (10) days' notice in writing of the motion, be fined any sum not exceeding one hundred dollars ($100). Rev. Stat., ch. 94, §§ 11, 22, 23; Acts 1843, §§ 2, 3, p. 55; 1873, No. 2, §§ 2, 3, p. 2; C. & M. Dig., §§ 7047, 7049, 7053, 7054; Pope's Dig., §§ 9027, 9029, 9033, 9034; Acts 1947, No. 93, § 1; A.S.A. 1947, §§ 55-218 -- 55-221

(a) No minister of the gospel or priest of any religious sect or denomination shall be authorized to solemnize the rites of matrimony in this state until the minister or priest has caused to be recorded his or her license or credentials of his or her clerical character in the office of the county clerk of some county in this state. The minister or priest must also have obtained from the clerk a certificate, under his or her hand and seal, that the credentials are duly recorded in his or her office.

(b) It shall be the duty of a minister of the gospel or priest to add to the certificate of marriage required by law a statement setting forth the county where and the time when his or her license or credentials were so recorded.

(c) Any minister of the gospel, priest of any religious sect or denomination, or any person purporting to be such, who shall solemnize the rites of matrimony contrary to the provisions of this section, shall be deemed guilty of a misdemeanor. On conviction he or she shall be fined in any sum not less than one hundred dollars ($100).

(d) (1) It shall be the duty of the clerk and recorder in each county, seasonably to record, in a well-bound book to be kept for that purpose, all licenses or credentials of clerical character of the persons who deposit the licenses or credentials of clerical character with him or her for record. (2) Any clerk failing to comply with the provisions of this subsection shall, on motion of the party aggrieved, giving the clerk ten (10) days' notice in writing of the motion, be fined any sum not exceeding one hundred dollars ($100).

(1) It shall be the duty of the clerk and recorder in each county, seasonably to record, in a well-bound book to be kept for that purpose, all licenses or credentials of clerical character of the persons who deposit the licenses or credentials of clerical character with him or her for record.

(2) Any clerk failing to comply with the provisions of this subsection shall, on motion of the party aggrieved, giving the clerk ten (10) days' notice in writing of the motion, be fined any sum not exceeding one hundred dollars ($100).

Rev. Stat., ch. 94, §§ 11, 22, 23; Acts 1843, §§ 2, 3, p. 55; 1873, No. 2, §§ 2, 3, p. 2; C. & M. Dig., §§ 7047, 7049, 7053, 7054; Pope's Dig., §§ 9027, 9029, 9033, 9034; Acts 1947, No. 93, § 1; A.S.A. 1947, §§ 55-218 -- 55-221
Ark. Code Ann. § 9-15-301 — AR Code / Title 9 / Chapter 15 / Subchapter 3 / Section 9-15-301
[Repealed]
Status: repealed

Chapter heading amended by Act 2017, No. 515,§ 4, eff. 8/1/2017
Ark. Code Ann. § 9-33-206 — AR Code / Title 9 / Chapter 33 / Subchapter 2 / Section 9-33-206
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 9, eff. 8/16/2013 Acts 1997, No. 745, § 6

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

Acts 1997, No. 745, § 6
Ark. Code Ann. § 9-3-113 — AR Code / Title 9 / Chapter 3 / Section 9-3-113
Declarations of applicant
Status: in_force

Before he or she is permitted under this chapter to be declared a resident domiciled in the State of Arkansas, the applicant shall declare in open court that he or she is a resident of Arkansas and that Arkansas is his or her domicile, that he or she absolutely and entirely renounces residence and domicile in the state in which he or she formerly resided, and that he or she will support and defend the Constitution and laws of the United States of America and of the State of Arkansas. Acts 1941, No. 355, § 14; A.S.A. 1947, § 34-1317

Before he or she is permitted under this chapter to be declared a resident domiciled in the State of Arkansas, the applicant shall declare in open court that he or she is a resident of Arkansas and that Arkansas is his or her domicile, that he or she absolutely and entirely renounces residence and domicile in the state in which he or she formerly resided, and that he or she will support and defend the Constitution and laws of the United States of America and of the State of Arkansas.

Acts 1941, No. 355, § 14; A.S.A. 1947, § 34-1317
Ark. Code Ann. § 9-9-214 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-214
Appearance - Continuance - Disposition of petition
Status: in_force

(a) The petitioner and the individual to be adopted shall appear at the hearing on the petition, unless the presence of either is excused by the court for good cause shown. (b) The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition. (c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and the required period for the withdrawal of consent and withdrawal of relinquishment have passed and that the adoption is in the best interest of the individual to be adopted, it may (1) issue a final decree of adoption; or (2) issue an interlocutory decree of adoption which by its own terms automatically becomes a final decree of adoption on a day therein specified, which day shall not be less than six (6) months nor more than one (1) year from the date of issuance of the decree, unless sooner vacated by the court for good cause shown. (d) If the requirements for a decree under subsection (c) of this section have not been met, the court shall dismiss the petition and the child shall be returned to the person or entity having custody of the child prior to the filing of the petition. Acts 1977, No. 735, § 14; A.S.A. 1947, § 56-214; Acts 1991, No. 774, § 4

(a) The petitioner and the individual to be adopted shall appear at the hearing on the petition, unless the presence of either is excused by the court for good cause shown.

(b) The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.

(c) If at the conclusion of the hearing the court determines that the required consents have been obtained or excused and the required period for the withdrawal of consent and withdrawal of relinquishment have passed and that the adoption is in the best interest of the individual to be adopted, it may (1) issue a final decree of adoption; or (2) issue an interlocutory decree of adoption which by its own terms automatically becomes a final decree of adoption on a day therein specified, which day shall not be less than six (6) months nor more than one (1) year from the date of issuance of the decree, unless sooner vacated by the court for good cause shown.

(d) If the requirements for a decree under subsection (c) of this section have not been met, the court shall dismiss the petition and the child shall be returned to the person or entity having custody of the child prior to the filing of the petition.

Acts 1977, No. 735, § 14; A.S.A. 1947, § 56-214; Acts 1991, No. 774, § 4
Ark. Code Ann. § 9-14-213 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-213
Assigned support rights - Notice - Termination of assignment
Status: in_force

(a) (1) When a court has ordered support payments to be paid to or by a payor parent, payee parent, or physical custodian of a child who is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq., or who has contracted with the Department of Finance and Administration or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for child support services, the office shall notify the clerk of the court. (2) Upon such notice, the clerk shall indicate in the registry of the court that the support is being collected under Title IV-D of the Social Security Act, and the clerk shall redirect all payments received to the office at the Arkansas Child Support Clearinghouse. (3) Notification to the clerk by the office shall be sufficient to authorize the clerk to redirect payments to the Arkansas Child Support Clearinghouse. The court need not hold a hearing on the matter, and child support shall be paid through the Arkansas Child Support Clearinghouse pursuant to § 9-14-801 et seq. (b) Lump-sum payments toward arrearages received by the clerk subsequent to termination of the assignment that were collected by the office through debt setoff or legal process shall be redirected to the Arkansas Child Support Clearinghouse. Amended by Act 2021, No. 927,§ 12, eff. 7/28/2021. Acts 1985, No. 989, § 24; A.S.A. 1947, § 34-1242; Acts 1997, No. 1296, § 25

(a) (1) When a court has ordered support payments to be paid to or by a payor parent, payee parent, or physical custodian of a child who is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq., or who has contracted with the Department of Finance and Administration or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for child support services, the office shall notify the clerk of the court. (2) Upon such notice, the clerk shall indicate in the registry of the court that the support is being collected under Title IV-D of the Social Security Act, and the clerk shall redirect all payments received to the office at the Arkansas Child Support Clearinghouse. (3) Notification to the clerk by the office shall be sufficient to authorize the clerk to redirect payments to the Arkansas Child Support Clearinghouse. The court need not hold a hearing on the matter, and child support shall be paid through the Arkansas Child Support Clearinghouse pursuant to § 9-14-801 et seq.

(1) When a court has ordered support payments to be paid to or by a payor parent, payee parent, or physical custodian of a child who is receiving assistance under the Transitional Employment Assistance Program, Medicaid, the Supplemental Nutrition Assistance Program, or the Foster Care Program of Title IV-E of the Social Security Act, 42 U.S.C. § 670 et seq., or who has contracted with the Department of Finance and Administration or the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for child support services, the office shall notify the clerk of the court.

(2) Upon such notice, the clerk shall indicate in the registry of the court that the support is being collected under Title IV-D of the Social Security Act, and the clerk shall redirect all payments received to the office at the Arkansas Child Support Clearinghouse.

(3) Notification to the clerk by the office shall be sufficient to authorize the clerk to redirect payments to the Arkansas Child Support Clearinghouse. The court need not hold a hearing on the matter, and child support shall be paid through the Arkansas Child Support Clearinghouse pursuant to § 9-14-801 et seq.

(b) Lump-sum payments toward arrearages received by the clerk subsequent to termination of the assignment that were collected by the office through debt setoff or legal process shall be redirected to the Arkansas Child Support Clearinghouse.

Amended by Act 2021, No. 927,§ 12, eff. 7/28/2021.

Acts 1985, No. 989, § 24; A.S.A. 1947, § 34-1242; Acts 1997, No. 1296, § 25
Ark. Code Ann. § 9-11-213 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-213
Persons who may solemnize marriages
Status: in_force

(a) For the purpose of being registered and perpetuating the evidence thereof, marriage shall be solemnized only by the following persons: (1) The Governor; (2) Any former justice of the Supreme Court; (3) Any judges of the courts of record within this state, including any former judge of a court of record who served at least four (4) years or more; (4) Any justice of the peace, including any former justice of the peace who served at least two (2) terms since the passage of Arkansas Constitution, Amendment 55; (5) Any regularly ordained minister or priest of any religious sect or denomination; (6) The former mayor of any city of the first or second class who served at least five (5) years as mayor or the current mayor of any city or town; (7) Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or (8) Any elected district court judge and any former municipal or district court judge who served at least four (4) years. (b) (1) Marriages solemnized through the traditional rite of the Religious Society of Friends, more commonly known as "Quakers", are recognized as valid to all intents and purposes the same as marriages otherwise contracted and solemnized in accordance with law. (2) The functions, duties, and liabilities of a party solemnizing marriage, as set forth in the marriage laws of this state, in the case of marriages solemnized through the traditional marriage rite of the Religious Society of Friends, shall be incumbent upon the clerk of the congregation or, in his or her absence, his or her duly designated alternate. Amended by Act 2021, No. 898,§ 1, eff. 7/28/2021. Rev. Stat., ch. 94, § 10; Acts 1873, No. 2, § 1, p. 2; C. & M. Dig., § 7046; Pope's Dig., § 9026; Acts 1947, No. 231, § 1; 1977, No. 95, § 2; 1979, No. 693, § 1; 1983, No. 850, § 1; A.S.A. 1947, § 55-216; Acts 1987, No. 394, § 1; 1997, No. 862, § 1; 2001, No. 1068, § 1; 2003, No. 1185, § 16; 2007, No. 98, § 1

(a) For the purpose of being registered and perpetuating the evidence thereof, marriage shall be solemnized only by the following persons: (1) The Governor; (2) Any former justice of the Supreme Court; (3) Any judges of the courts of record within this state, including any former judge of a court of record who served at least four (4) years or more; (4) Any justice of the peace, including any former justice of the peace who served at least two (2) terms since the passage of Arkansas Constitution, Amendment 55; (5) Any regularly ordained minister or priest of any religious sect or denomination; (6) The former mayor of any city of the first or second class who served at least five (5) years as mayor or the current mayor of any city or town; (7) Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or (8) Any elected district court judge and any former municipal or district court judge who served at least four (4) years.

(1) The Governor;

(2) Any former justice of the Supreme Court;

(3) Any judges of the courts of record within this state, including any former judge of a court of record who served at least four (4) years or more;

(4) Any justice of the peace, including any former justice of the peace who served at least two (2) terms since the passage of Arkansas Constitution, Amendment 55;

(5) Any regularly ordained minister or priest of any religious sect or denomination;

(6) The former mayor of any city of the first or second class who served at least five (5) years as mayor or the current mayor of any city or town;

(7) Any official appointed for that purpose by the quorum court of the county where the marriage is to be solemnized; or

(8) Any elected district court judge and any former municipal or district court judge who served at least four (4) years.

(b) (1) Marriages solemnized through the traditional rite of the Religious Society of Friends, more commonly known as "Quakers", are recognized as valid to all intents and purposes the same as marriages otherwise contracted and solemnized in accordance with law. (2) The functions, duties, and liabilities of a party solemnizing marriage, as set forth in the marriage laws of this state, in the case of marriages solemnized through the traditional marriage rite of the Religious Society of Friends, shall be incumbent upon the clerk of the congregation or, in his or her absence, his or her duly designated alternate.

(1) Marriages solemnized through the traditional rite of the Religious Society of Friends, more commonly known as "Quakers", are recognized as valid to all intents and purposes the same as marriages otherwise contracted and solemnized in accordance with law.

(2) The functions, duties, and liabilities of a party solemnizing marriage, as set forth in the marriage laws of this state, in the case of marriages solemnized through the traditional marriage rite of the Religious Society of Friends, shall be incumbent upon the clerk of the congregation or, in his or her absence, his or her duly designated alternate.

Amended by Act 2021, No. 898,§ 1, eff. 7/28/2021.

Rev. Stat., ch. 94, § 10; Acts 1873, No. 2, § 1, p. 2; C. & M. Dig., § 7046; Pope's Dig., § 9026; Acts 1947, No. 231, § 1; 1977, No. 95, § 2; 1979, No. 693, § 1; 1983, No. 850, § 1; A.S.A. 1947, § 55-216; Acts 1987, No. 394, § 1; 1997, No. 862, § 1; 2001, No. 1068, § 1; 2003, No. 1185, § 16; 2007, No. 98, § 1
Ark. Code Ann. § 9-27-509 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-509
Division of Youth Services - Commitment of extended juvenile jurisdiction juveniles
Status: in_force

(a) The court has sole release authority for juveniles in extended juvenile jurisdiction proceedings. (b) In every case in which an order of commitment has been entered pursuant to an adjudication of delinquency, the facility to which the juvenile is committed shall, within thirty (30) days of the juvenile's commitment, prepare and file with the court a treatment case plan that shall: (1) State the treatment plan for the juvenile; and (2) State the anticipated length of commitment of the juvenile. (c) (1) Upon determination that the juvenile has been rehabilitated, the Division of Youth Services may petition the court for release. (2) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (B) The nature of the offense or offenses and the manner in which they were committed; (C) The recommendations of the professionals who have worked with the juvenile; (D) The protection of public safety; and (E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (3) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety. Acts 1999, No. 1192, § 9

(a) The court has sole release authority for juveniles in extended juvenile jurisdiction proceedings.

(b) In every case in which an order of commitment has been entered pursuant to an adjudication of delinquency, the facility to which the juvenile is committed shall, within thirty (30) days of the juvenile's commitment, prepare and file with the court a treatment case plan that shall: (1) State the treatment plan for the juvenile; and (2) State the anticipated length of commitment of the juvenile.

(1) State the treatment plan for the juvenile; and

(2) State the anticipated length of commitment of the juvenile.

(c) (1) Upon determination that the juvenile has been rehabilitated, the Division of Youth Services may petition the court for release. (2) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (B) The nature of the offense or offenses and the manner in which they were committed; (C) The recommendations of the professionals who have worked with the juvenile; (D) The protection of public safety; and (E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation. (3) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.

(1) Upon determination that the juvenile has been rehabilitated, the Division of Youth Services may petition the court for release.

(2) The court shall conduct a hearing and shall consider the following factors in making its determination to release the juvenile from the division: (A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders; (B) The nature of the offense or offenses and the manner in which they were committed; (C) The recommendations of the professionals who have worked with the juvenile; (D) The protection of public safety; and (E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation.

(A) The experience and character of the juvenile before and after the juvenile disposition, including compliance with the court's orders;

(B) The nature of the offense or offenses and the manner in which they were committed;

(C) The recommendations of the professionals who have worked with the juvenile;

(D) The protection of public safety; and

(E) Opportunities provided to the juvenile for rehabilitation and the juvenile's efforts toward rehabilitation.

(3) The court shall release the juvenile upon a finding by a preponderance of the evidence that the juvenile's release does not pose a substantial threat to public safety.

Acts 1999, No. 1192, § 9
Ark. Code Ann. § 9-8-302 — AR Code / Title 9 / Chapter 8 / Subchapter 3 / Section 9-8-302
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013 Init. Meas. 2008, No. 1, § 4

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013

Init. Meas. 2008, No. 1, § 4
Ark. Code Ann. § 9-14-224 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-224
Income withholding - Duties of payor
Status: in_force

(a) A payor who has been notified of an order of income withholding shall be bound by the order until further notice by the court or its representative. (b) (1) A payor who is an employer that withholds support payments from more than one (1) employee shall have the option to periodically remit to the clerk funds withheld from all such employees in a single check rather than remitting the funds withheld from each employee separately. (2) If the payor elects to remit all such funds in a single check, each such remittance shall be accompanied by a list showing the portion of the funds withheld from each employee. (c) A payor shall notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known. Acts 1985, No. 989, § 8; A.S.A. 1947, § 34-1226; Acts 1993, No. 1152, § 2

(a) A payor who has been notified of an order of income withholding shall be bound by the order until further notice by the court or its representative.

(b) (1) A payor who is an employer that withholds support payments from more than one (1) employee shall have the option to periodically remit to the clerk funds withheld from all such employees in a single check rather than remitting the funds withheld from each employee separately. (2) If the payor elects to remit all such funds in a single check, each such remittance shall be accompanied by a list showing the portion of the funds withheld from each employee.

(1) A payor who is an employer that withholds support payments from more than one (1) employee shall have the option to periodically remit to the clerk funds withheld from all such employees in a single check rather than remitting the funds withheld from each employee separately.

(2) If the payor elects to remit all such funds in a single check, each such remittance shall be accompanied by a list showing the portion of the funds withheld from each employee.

(c) A payor shall notify the court or its representative immediately when the noncustodial parent terminates employment or takes other adverse action terminating the income source and shall provide the noncustodial parent's last known address and the name and address of any new employer, if known.

Acts 1985, No. 989, § 8; A.S.A. 1947, § 34-1226; Acts 1993, No. 1152, § 2
Ark. Code Ann. § 9-14-236 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-236
Arrearages - Child support limited - Limitations period - Definitions
Status: in_force

(a) As used in this section: (1) "Accrued child support arrearages" means a delinquency owed under a court order or an order of an administrative process established under state law for support of any child or children that is past due and unpaid; (2) "Action" means any complaint, petition, motion, or other pleading seeking recovery of accrued child support arrearages; (3) "Initial support order" means the earliest order, judgment, or decree entered in the case by the court or by administrative process that contains a provision for the payment of money for the support and care of any child or children; and (4) "Moving party" means any of the following: (A) The custodial parent; (B) Any person or agency to whom custody of a minor child has been given or relinquished; (C) The minor child through his or her guardian or next friend; (D) A person for whose benefit the support was ordered, within five (5) years of obtaining his or her majority; or (E) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when the custodial parent or person to whom custody has been relinquished or awarded is or has been receiving assistance in the form of Aid to Families with Dependent Children or has contracted with the office for the collection of support. (b) In any action involving the support of any minor child or children, the moving party shall be entitled to recover the full amount of accrued child support arrearages from the date of the initial support order until the filing of the action. (c) Any action filed pursuant to subsection (b) of this section may be brought at any time up to and including five (5) years beyond the date the child for whose benefit the initial support order was entered reaches eighteen (18) years of age. (d) No statute of limitation shall apply to an action brought for the collection of a child support obligation or arrearage against any party who leaves or remains outside the State of Arkansas with the purpose to avoid the payment of child support. (e) This section shall apply to all actions pending as of March 29, 1991, and filed thereafter, and shall retroactively apply to all child support orders now existing. Acts 1989, No. 525, § 1; 1991, No. 870, § 2; 1995, No. 1184, § 14

(a) As used in this section: (1) "Accrued child support arrearages" means a delinquency owed under a court order or an order of an administrative process established under state law for support of any child or children that is past due and unpaid; (2) "Action" means any complaint, petition, motion, or other pleading seeking recovery of accrued child support arrearages; (3) "Initial support order" means the earliest order, judgment, or decree entered in the case by the court or by administrative process that contains a provision for the payment of money for the support and care of any child or children; and (4) "Moving party" means any of the following: (A) The custodial parent; (B) Any person or agency to whom custody of a minor child has been given or relinquished; (C) The minor child through his or her guardian or next friend; (D) A person for whose benefit the support was ordered, within five (5) years of obtaining his or her majority; or (E) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when the custodial parent or person to whom custody has been relinquished or awarded is or has been receiving assistance in the form of Aid to Families with Dependent Children or has contracted with the office for the collection of support.

(1) "Accrued child support arrearages" means a delinquency owed under a court order or an order of an administrative process established under state law for support of any child or children that is past due and unpaid;

(2) "Action" means any complaint, petition, motion, or other pleading seeking recovery of accrued child support arrearages;

(3) "Initial support order" means the earliest order, judgment, or decree entered in the case by the court or by administrative process that contains a provision for the payment of money for the support and care of any child or children; and

(4) "Moving party" means any of the following: (A) The custodial parent; (B) Any person or agency to whom custody of a minor child has been given or relinquished; (C) The minor child through his or her guardian or next friend; (D) A person for whose benefit the support was ordered, within five (5) years of obtaining his or her majority; or (E) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when the custodial parent or person to whom custody has been relinquished or awarded is or has been receiving assistance in the form of Aid to Families with Dependent Children or has contracted with the office for the collection of support.

(A) The custodial parent;

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

(C) The minor child through his or her guardian or next friend;

(D) A person for whose benefit the support was ordered, within five (5) years of obtaining his or her majority; or

(E) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration when the custodial parent or person to whom custody has been relinquished or awarded is or has been receiving assistance in the form of Aid to Families with Dependent Children or has contracted with the office for the collection of support.

(b) In any action involving the support of any minor child or children, the moving party shall be entitled to recover the full amount of accrued child support arrearages from the date of the initial support order until the filing of the action.

(c) Any action filed pursuant to subsection (b) of this section may be brought at any time up to and including five (5) years beyond the date the child for whose benefit the initial support order was entered reaches eighteen (18) years of age.

(d) No statute of limitation shall apply to an action brought for the collection of a child support obligation or arrearage against any party who leaves or remains outside the State of Arkansas with the purpose to avoid the payment of child support.

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

Acts 1989, No. 525, § 1; 1991, No. 870, § 2; 1995, No. 1184, § 14
Ark. Code Ann. § 9-19-112 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-112
Cooperation between courts - Preservation of records
Status: in_force

(a) A court of this state may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section. (c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this state. (d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. Acts 1999, No. 668, § 112

(a) A court of this state may request the appropriate court of another state to: (1) hold an evidentiary hearing; (2) order a person to produce or give evidence pursuant to procedures of that state; (3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and (5) order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(1) hold an evidentiary hearing;

(2) order a person to produce or give evidence pursuant to procedures of that state;

(3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and

(5) order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.

(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this state.

(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains eighteen (18) years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.

Acts 1999, No. 668, § 112
Ark. Code Ann. § 9-27-360 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-360
Review of termination of parental rights
Status: in_force

(a) After an order of termination of parental rights, the circuit court shall review the case following the termination hearing at least every six (6) months until permanency is achieved, and a permanency planning hearing shall be held each year following the initial permanency hearing until permanency is achieved for that juvenile. (b) The court shall determine and shall include in its orders whether: (1) The case plan, services, and current placement meet the juvenile's special needs and best interest, with the juvenile's health, safety, and educational needs specifically addressed; (2) The Department of Human Services has made reasonable efforts to finalize a permanency plan for the juvenile; and (3) The case plan is moving toward an appropriate permanent placement for the juvenile. (c) In making its findings, the court shall consider the extent of the compliance of the department and the juvenile with the case plan and court orders to finalize the permanency plan. (d) A written order shall be filed by the court or by a party or a party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. Acts 2005, No. 1191, § 5; 2007, No. 587, § 28

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

(b) The court shall determine and shall include in its orders whether: (1) The case plan, services, and current placement meet the juvenile's special needs and best interest, with the juvenile's health, safety, and educational needs specifically addressed; (2) The Department of Human Services has made reasonable efforts to finalize a permanency plan for the juvenile; and (3) The case plan is moving toward an appropriate permanent placement for the juvenile.

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

(2) The Department of Human Services has made reasonable efforts to finalize a permanency plan for the juvenile; and

(3) The case plan is moving toward an appropriate permanent placement for the juvenile.

(c) In making its findings, the court shall consider the extent of the compliance of the department and the juvenile with the case plan and court orders to finalize the permanency plan.

(d) A written order shall be filed by the court or by a party or a party's attorney as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

Acts 2005, No. 1191, § 5; 2007, No. 587, § 28
Ark. Code Ann. § 9-9-403 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-403
Purpose
Status: in_force

The purpose of this subchapter is to supplement the Arkansas adoption statutes by making possible through public financial subsidy the most appropriate adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption. Acts 1979, No. 1109, § 1; A.S.A. 1947, § 56-130

The purpose of this subchapter is to supplement the Arkansas adoption statutes by making possible through public financial subsidy the most appropriate adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption.

Acts 1979, No. 1109, § 1; A.S.A. 1947, § 56-130
Ark. Code Ann. § 9-19-206 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-206
Simultaneous proceedings
Status: in_force

(a) Except as otherwise provided in § 9-19-204 , a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under § 9-19-207 . (b) Except as otherwise provided in § 9-19-204 , a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 9-19-209 . If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. (c) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may: (1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate. Acts 1999, No. 668, § 206

(a) Except as otherwise provided in § 9-19-204 , a court of this state may not exercise its jurisdiction under this subchapter if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under § 9-19-207 .

(b) Except as otherwise provided in § 9-19-204 , a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to § 9-19-209 . If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

(c) In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may: (1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; (2) enjoin the parties from continuing with the proceeding for enforcement; or (3) proceed with the modification under conditions it considers appropriate.

(1) stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(2) enjoin the parties from continuing with the proceeding for enforcement; or

(3) proceed with the modification under conditions it considers appropriate.

Acts 1999, No. 668, § 206
Ark. Code Ann. § 9-31-502 — AR Code / Title 9 / Chapter 31 / Subchapter 5 / Section 9-31-502
Requirements for educators - Science of reading
Status: in_force

(a) An individual who teaches nonreaders and juveniles reading at a sixth-grade level or below in the education system of the Division of Youth Services shall: (1) Have and demonstrate proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; and (2) Administer reading instruction with fidelity, as defined in § 6-41-602 . (b) An individual who teaches juveniles reading at a seventh-grade level or above in the education system of the division shall: (1) Have and demonstrate awareness of the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; and (2) Administer reading instruction with fidelity, as defined in § 6-41-602 . Added by Act 2019, No. 1089,§ 2, eff. 7/24/2019.

(a) An individual who teaches nonreaders and juveniles reading at a sixth-grade level or below in the education system of the Division of Youth Services shall: (1) Have and demonstrate proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; and (2) Administer reading instruction with fidelity, as defined in § 6-41-602 .

(1) Have and demonstrate proficient knowledge and skills to teach reading consistent with the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; and

(2) Administer reading instruction with fidelity, as defined in § 6-41-602 .

(b) An individual who teaches juveniles reading at a seventh-grade level or above in the education system of the division shall: (1) Have and demonstrate awareness of the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; and (2) Administer reading instruction with fidelity, as defined in § 6-41-602 .

(1) Have and demonstrate awareness of the best practices of scientific reading instruction as required under the Right to Read Act, § 6-17-429 ; and

(2) Administer reading instruction with fidelity, as defined in § 6-41-602 .

Added by Act 2019, No. 1089,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 9-12-321 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-321
Annulment of decree of divorce
Status: in_force

The proceedings for annulling a final judgment for a divorce from the bond of matrimony shall be a joint petition of the parties, verified by both parties in person, filed in the court rendering the judgment, upon which the court may forthwith annul the divorce. Civil Code, § 463; C. & M. Dig., § 3513; Pope's Dig., § 4395; A.S.A. 1947, § 34-1217

The proceedings for annulling a final judgment for a divorce from the bond of matrimony shall be a joint petition of the parties, verified by both parties in person, filed in the court rendering the judgment, upon which the court may forthwith annul the divorce.

Civil Code, § 463; C. & M. Dig., § 3513; Pope's Dig., § 4395; A.S.A. 1947, § 34-1217
Ark. Code Ann. § 9-14-212 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-212
Assigned support rights - Non-Temporary Assistance for Needy Families Program application fee
Status: in_force

(a) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration may charge a nonrefundable application fee of up to twenty-five dollars ($25.00) to any person who contracts with the office for any services under Title IV-D of the Social Security Act for whom an assignment under § 9-14-109 is not in effect. (b) The fee shall be known as a "non-Temporary Assistance for Needy Families Program application fee" and shall be a flat fee in an amount to be determined by the manager that shall be paid by the applicant at the time the application for assistance is submitted. (c) (1) Non-Temporary Assistance for Needy Families Program services shall be provided to an applicant on a cost recovery/fee-for-services basis as provided under Title IV-D program requirements. (2) (A) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and publish a schedule of such fees that shall be administratively incorporated into child support enforcement policy. (B) Copies of the fee schedule shall be provided to all applicants for child support services. (d) Any fee or cost for services generated because of either a breach by the noncustodial parent of an agreement or of an order of the court shall be incorporated into the request for relief and reduced to a judgment in favor of and payable to the office. Acts 1985, No. 989, § 23; A.S.A. 1947, § 34-1241; Acts 1993, No. 1242, § 4; 1995, No. 1184, § 11; 1997, No. 1296, § 24; 1999, No. 1514, § 10

(a) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration may charge a nonrefundable application fee of up to twenty-five dollars ($25.00) to any person who contracts with the office for any services under Title IV-D of the Social Security Act for whom an assignment under § 9-14-109 is not in effect.

(b) The fee shall be known as a "non-Temporary Assistance for Needy Families Program application fee" and shall be a flat fee in an amount to be determined by the manager that shall be paid by the applicant at the time the application for assistance is submitted.

(c) (1) Non-Temporary Assistance for Needy Families Program services shall be provided to an applicant on a cost recovery/fee-for-services basis as provided under Title IV-D program requirements. (2) (A) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and publish a schedule of such fees that shall be administratively incorporated into child support enforcement policy. (B) Copies of the fee schedule shall be provided to all applicants for child support services.

(1) Non-Temporary Assistance for Needy Families Program services shall be provided to an applicant on a cost recovery/fee-for-services basis as provided under Title IV-D program requirements.

(2) (A) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and publish a schedule of such fees that shall be administratively incorporated into child support enforcement policy. (B) Copies of the fee schedule shall be provided to all applicants for child support services.

(A) The Administrator of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and publish a schedule of such fees that shall be administratively incorporated into child support enforcement policy.

(B) Copies of the fee schedule shall be provided to all applicants for child support services.

(d) Any fee or cost for services generated because of either a breach by the noncustodial parent of an agreement or of an order of the court shall be incorporated into the request for relief and reduced to a judgment in favor of and payable to the office.

Acts 1985, No. 989, § 23; A.S.A. 1947, § 34-1241; Acts 1993, No. 1242, § 4; 1995, No. 1184, § 11; 1997, No. 1296, § 24; 1999, No. 1514, § 10
Ark. Code Ann. § 9-20-115 — AR Code / Title 9 / Chapter 20 / Section 9-20-115
Emergency orders
Status: in_force

(a) (1) If there is probable cause to believe that immediate emergency custody is necessary to protect a maltreated adult, the probate division of circuit court shall issue an ex parte order for emergency custody to protect the maltreated adult. (2) If there is probable cause to believe that immediate emergency action is necessary to protect an endangered or impaired adult from adult maltreatment, the probate division of circuit court may issue an ex parte less-than-custody order to protect the adult in lieu of an ex parte order for emergency custody. (b) The Department of Human Services shall obtain an emergency ex parte order of custody on a maltreated adult within seventy-two (72) hours of taking the maltreated adult into emergency custody unless the expiration of the seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody may be extended through the next business day following the weekend or holiday. (c) The emergency order shall include notice to the maltreated adult and the person from whom physical custody of the respondent was removed of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order. Amended by Act 2013, No. 583,§ 2, eff. 8/16/2013 Acts 2005, No. 1811, § 1; 2011, No. 206, § 3

(a) (1) If there is probable cause to believe that immediate emergency custody is necessary to protect a maltreated adult, the probate division of circuit court shall issue an ex parte order for emergency custody to protect the maltreated adult. (2) If there is probable cause to believe that immediate emergency action is necessary to protect an endangered or impaired adult from adult maltreatment, the probate division of circuit court may issue an ex parte less-than-custody order to protect the adult in lieu of an ex parte order for emergency custody.

(1) If there is probable cause to believe that immediate emergency custody is necessary to protect a maltreated adult, the probate division of circuit court shall issue an ex parte order for emergency custody to protect the maltreated adult.

(2) If there is probable cause to believe that immediate emergency action is necessary to protect an endangered or impaired adult from adult maltreatment, the probate division of circuit court may issue an ex parte less-than-custody order to protect the adult in lieu of an ex parte order for emergency custody.

(b) The Department of Human Services shall obtain an emergency ex parte order of custody on a maltreated adult within seventy-two (72) hours of taking the maltreated adult into emergency custody unless the expiration of the seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody may be extended through the next business day following the weekend or holiday.

(c) The emergency order shall include notice to the maltreated adult and the person from whom physical custody of the respondent was removed of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order.

Amended by Act 2013, No. 583,§ 2, eff. 8/16/2013

Acts 2005, No. 1811, § 1; 2011, No. 206, § 3
Ark. Code Ann. § 9-11-108 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-108
Presumption of spouse's death - Validity of subsequent marriage
Status: in_force

In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed. Any subsequent marriage entered into after the end of the five (5) years shall be as valid as if the husband or wife were dead. Rev. Stat., ch. 94, § 8; C. & M. Dig., § 7044; Pope's Dig., § 9024; A.S.A. 1947, § 55-109

In all cases in which any husband abandons his wife, or a wife her husband, and resides beyond the limits of this state for the term of five (5) successive years, without being known to the other spouse to be living during that time, the abandoning party's death shall be presumed. Any subsequent marriage entered into after the end of the five (5) years shall be as valid as if the husband or wife were dead.

Rev. Stat., ch. 94, § 8; C. & M. Dig., § 7044; Pope's Dig., § 9024; A.S.A. 1947, § 55-109
Ark. Code Ann. § 9-9-216 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-216
Appeal from and validation of adoption decree
Status: in_force

(a) An appeal from any final order or decree rendered under this subchapter may be taken in the manner and time provided for appeal from a judgment in a civil action. (b) Subject to the disposition of an appeal, upon the expiration of one (1) year after an adoption decree is issued, the decree cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter unless, in the case of the adoption of a minor, the petitioner has not taken custody of the minor or, in the case of the adoption of an adult, the adult had no knowledge of the decree within the one-year period. Acts 1977, No. 735, § 16; A.S.A. 1947, § 56-216

(a) An appeal from any final order or decree rendered under this subchapter may be taken in the manner and time provided for appeal from a judgment in a civil action.

(b) Subject to the disposition of an appeal, upon the expiration of one (1) year after an adoption decree is issued, the decree cannot be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice, or lack of jurisdiction of the parties or of the subject matter unless, in the case of the adoption of a minor, the petitioner has not taken custody of the minor or, in the case of the adoption of an adult, the adult had no knowledge of the decree within the one-year period.

Acts 1977, No. 735, § 16; A.S.A. 1947, § 56-216
Ark. Code Ann. § 9-11-409 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-409
Application and construction
Status: in_force

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. Acts 1987, No. 715, § 9

This subchapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.

Acts 1987, No. 715, § 9
Ark. Code Ann. § 9-19-108 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-108
Notice to persons outside state
Status: in_force

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. (b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. (c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. Acts 1999, No. 668, § 108

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.

(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

Acts 1999, No. 668, § 108
Ark. Code Ann. § 9-8-204 — AR Code / Title 9 / Chapter 8 / Subchapter 2 / Section 9-8-204
Eligibility
Status: in_force

(a) A child is eligible for a guardianship subsidy if the Department of Human Services determines the following: (1) The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child; (2) The department is responsible for the placement and care of the child; (3) Being returned home or being adopted is not an appropriate permanency option for the child; (4) Permanent placement with a guardian is in the best interest of the child; (5) The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child; (6) With respect to a child who has attained fourteen (14) years of age, the child has been consulted regarding the guardianship; (7) (A) The necessary degree of relationship exists between the prospective guardian and the child. (B) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in § 9-28-108 ; (8) The child is eligible for Title IV-E foster care maintenance payments, or the department determines that adequate funding is available for the guardianship subsidy for a child who is not Title IV-E eligible; (9) The home of the prospective guardian complies with any applicable rules promulgated by the: (A) Child Welfare Agency Review Board for foster home licensure; and (B) Department for foster home approval; and (10) (A) While in the custody of the department, the child resided in the home of the prospective relative guardian for at least six (6) consecutive months after the prospective guardian's home was opened as a foster home. (B) If the department determines that adequate funding is available for a guardianship subsidy for a child who is not Title IV-E eligible under subdivision (a)(8) of this section, the department may waive the time requirement under this subdivision (a)(10). (b) A child who was previously determined by the department to be eligible for an initial guardianship subsidy under subsection (a) of this section may receive a subsequent guardianship subsidy when: (1) A guardianship subsidy agreement under subsection (a) of this section was signed by the department and the initial relative guardian; (2) The relative guardian has died or is incapacitated after the effective date of the guardianship subsidy agreement; (3) A successor guardian is named in the guardianship assistance agreement or an amendment to the agreement; (4) The department determines the successor guardian meets the necessary degree of relationship between the successor guardian and the child and the safety requirements in state and federal rules and regulations and department policy; and (5) A new guardianship subsidy agreement is signed by the successor guardian and the department before the entry of a successor guardianship. Amended by Act 2023, No. 363,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 968,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1038,§ 1, eff. 4/4/2015 Acts 2007, No. 621, § 1; 2009, No. 325, § 1; 2011, No. 592, § 1

(a) A child is eligible for a guardianship subsidy if the Department of Human Services determines the following: (1) The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child; (2) The department is responsible for the placement and care of the child; (3) Being returned home or being adopted is not an appropriate permanency option for the child; (4) Permanent placement with a guardian is in the best interest of the child; (5) The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child; (6) With respect to a child who has attained fourteen (14) years of age, the child has been consulted regarding the guardianship; (7) (A) The necessary degree of relationship exists between the prospective guardian and the child. (B) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in § 9-28-108 ; (8) The child is eligible for Title IV-E foster care maintenance payments, or the department determines that adequate funding is available for the guardianship subsidy for a child who is not Title IV-E eligible; (9) The home of the prospective guardian complies with any applicable rules promulgated by the: (A) Child Welfare Agency Review Board for foster home licensure; and (B) Department for foster home approval; and (10) (A) While in the custody of the department, the child resided in the home of the prospective relative guardian for at least six (6) consecutive months after the prospective guardian's home was opened as a foster home. (B) If the department determines that adequate funding is available for a guardianship subsidy for a child who is not Title IV-E eligible under subdivision (a)(8) of this section, the department may waive the time requirement under this subdivision (a)(10).

(1) The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child;

(2) The department is responsible for the placement and care of the child;

(3) Being returned home or being adopted is not an appropriate permanency option for the child;

(4) Permanent placement with a guardian is in the best interest of the child;

(5) The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child;

(6) With respect to a child who has attained fourteen (14) years of age, the child has been consulted regarding the guardianship;

(7) (A) The necessary degree of relationship exists between the prospective guardian and the child. (B) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in § 9-28-108 ;

(A) The necessary degree of relationship exists between the prospective guardian and the child.

(B) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in § 9-28-108 ;

(8) The child is eligible for Title IV-E foster care maintenance payments, or the department determines that adequate funding is available for the guardianship subsidy for a child who is not Title IV-E eligible;

(9) The home of the prospective guardian complies with any applicable rules promulgated by the: (A) Child Welfare Agency Review Board for foster home licensure; and (B) Department for foster home approval; and

(A) Child Welfare Agency Review Board for foster home licensure; and

(B) Department for foster home approval; and

(10) (A) While in the custody of the department, the child resided in the home of the prospective relative guardian for at least six (6) consecutive months after the prospective guardian's home was opened as a foster home. (B) If the department determines that adequate funding is available for a guardianship subsidy for a child who is not Title IV-E eligible under subdivision (a)(8) of this section, the department may waive the time requirement under this subdivision (a)(10).

(A) While in the custody of the department, the child resided in the home of the prospective relative guardian for at least six (6) consecutive months after the prospective guardian's home was opened as a foster home.

(B) If the department determines that adequate funding is available for a guardianship subsidy for a child who is not Title IV-E eligible under subdivision (a)(8) of this section, the department may waive the time requirement under this subdivision (a)(10).

(b) A child who was previously determined by the department to be eligible for an initial guardianship subsidy under subsection (a) of this section may receive a subsequent guardianship subsidy when: (1) A guardianship subsidy agreement under subsection (a) of this section was signed by the department and the initial relative guardian; (2) The relative guardian has died or is incapacitated after the effective date of the guardianship subsidy agreement; (3) A successor guardian is named in the guardianship assistance agreement or an amendment to the agreement; (4) The department determines the successor guardian meets the necessary degree of relationship between the successor guardian and the child and the safety requirements in state and federal rules and regulations and department policy; and (5) A new guardianship subsidy agreement is signed by the successor guardian and the department before the entry of a successor guardianship.

(1) A guardianship subsidy agreement under subsection (a) of this section was signed by the department and the initial relative guardian;

(2) The relative guardian has died or is incapacitated after the effective date of the guardianship subsidy agreement;

(3) A successor guardian is named in the guardianship assistance agreement or an amendment to the agreement;

(4) The department determines the successor guardian meets the necessary degree of relationship between the successor guardian and the child and the safety requirements in state and federal rules and regulations and department policy; and

(5) A new guardianship subsidy agreement is signed by the successor guardian and the department before the entry of a successor guardianship.

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

Amended by Act 2019, No. 968,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1038,§ 1, eff. 4/4/2015

Acts 2007, No. 621, § 1; 2009, No. 325, § 1; 2011, No. 592, § 1
Ark. Code Ann. § 9-9-402 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-402
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means a minor as defined by Arkansas law; and (2) "Special needs" means a child who is not likely to be adopted by reason of one (1) or more of the following conditions: (A) The child has special needs for medical or rehabilitative care; (B) Age; (C) A racial or ethnic factor; (D) A sibling relationship; or (E) A child who is at high risk for developing a serious physical, mental, developmental, or emotional condition if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk. Acts 1979, No. 1109, § 2; A.S.A. 1947, § 56-131; Acts 1999, No. 945, § 5; 2005, No. 437, § 7

As used in this subchapter:

(1) "Child" means a minor as defined by Arkansas law; and

(2) "Special needs" means a child who is not likely to be adopted by reason of one (1) or more of the following conditions: (A) The child has special needs for medical or rehabilitative care; (B) Age; (C) A racial or ethnic factor; (D) A sibling relationship; or (E) A child who is at high risk for developing a serious physical, mental, developmental, or emotional condition if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk.

(A) The child has special needs for medical or rehabilitative care;

(B) Age;

(C) A racial or ethnic factor;

(D) A sibling relationship; or

(E) A child who is at high risk for developing a serious physical, mental, developmental, or emotional condition if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk.

Acts 1979, No. 1109, § 2; A.S.A. 1947, § 56-131; Acts 1999, No. 945, § 5; 2005, No. 437, § 7
Ark. Code Ann. § 9-11-801 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Covenant Marriage Act of 2001". Acts 2001, No. 1486, § 5

This subchapter shall be known and may be cited as the "Covenant Marriage Act of 2001".

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-19-208 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-208
Jurisdiction declined by reason of conduct
Status: in_force

(a) Except as otherwise provided in § 9-19-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) a court of the state otherwise having jurisdiction under §§ 9-19-201 - 9-19-203 determines that this state is a more appropriate forum under § 9-19-207 ; or (3) no court of any other state would have jurisdiction under the criteria specified in §§ 9-19-201 - 9-19-203 . (b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under §§ 9-19-201 - 9-19-203 . (c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter. Acts 1999, No. 668, § 208

(a) Except as otherwise provided in § 9-19-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; (2) a court of the state otherwise having jurisdiction under §§ 9-19-201 - 9-19-203 determines that this state is a more appropriate forum under § 9-19-207 ; or (3) no court of any other state would have jurisdiction under the criteria specified in §§ 9-19-201 - 9-19-203 .

(1) the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(2) a court of the state otherwise having jurisdiction under §§ 9-19-201 - 9-19-203 determines that this state is a more appropriate forum under § 9-19-207 ; or

(3) no court of any other state would have jurisdiction under the criteria specified in §§ 9-19-201 - 9-19-203 .

(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under §§ 9-19-201 - 9-19-203 .

(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.

Acts 1999, No. 668, § 208
Ark. Code Ann. § 9-11-208 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-208
License not issued to persons of the same sex
Status: in_force

(a) (1) (A) It is the public policy of the State of Arkansas to recognize the marital union only of man and woman. (B) A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of marriage. (2) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by a person of the same sex, when a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas, and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts. (3) However, nothing in this section shall prevent an employer from extending benefits to a person who is a domestic partner of an employee. (b) A license shall not be issued to a person to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years. Acts 1941, No. 404, § 2; A.S.A. 1947, § 55-211; Acts 1997, No. 146, §§ 1, 2; 2007, No. 441, § 3; 2008 (1st Ex. Sess.), No. 3, § 3; 2011, No. 793, § 2

(a) (1) (A) It is the public policy of the State of Arkansas to recognize the marital union only of man and woman. (B) A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of marriage. (2) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by a person of the same sex, when a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas, and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts. (3) However, nothing in this section shall prevent an employer from extending benefits to a person who is a domestic partner of an employee.

(1) (A) It is the public policy of the State of Arkansas to recognize the marital union only of man and woman. (B) A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of marriage.

(A) It is the public policy of the State of Arkansas to recognize the marital union only of man and woman.

(B) A license shall not be issued to a person to marry another person of the same sex, and no same-sex marriage shall be recognized as entitled to the benefits of marriage.

(2) Marriages between persons of the same sex are prohibited in this state. Any marriage entered into by a person of the same sex, when a marriage license is issued by another state or by a foreign jurisdiction, shall be void in Arkansas, and any contractual or other rights granted by virtue of that license, including its termination, shall be unenforceable in the Arkansas courts.

(3) However, nothing in this section shall prevent an employer from extending benefits to a person who is a domestic partner of an employee.

(b) A license shall not be issued to a person to marry unless and until the female shall attain the age of sixteen (16) years and the male the age of seventeen (17) years and then only by written consent by a parent or guardian until the male shall have attained the age of eighteen (18) years and the female the age of eighteen (18) years.

Acts 1941, No. 404, § 2; A.S.A. 1947, § 55-211; Acts 1997, No. 146, §§ 1, 2; 2007, No. 441, § 3; 2008 (1st Ex. Sess.), No. 3, § 3; 2011, No. 793, § 2
Ark. Code Ann. § 9-12-318 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-318
Restoration of name
Status: in_force

In all cases when the court finds that either party is entitled to a divorce, the court may restore the wife to the name that she bore previous to the marriage dissolved. Civil Code, § 462; C. & M. Dig., § 3512; Pope's Dig., § 4394; Acts 1947, No. 16, § 1; 1981, No. 302, § 1; A.S.A. 1947, § 34-1216

In all cases when the court finds that either party is entitled to a divorce, the court may restore the wife to the name that she bore previous to the marriage dissolved.

Civil Code, § 462; C. & M. Dig., § 3512; Pope's Dig., § 4394; Acts 1947, No. 16, § 1; 1981, No. 302, § 1; A.S.A. 1947, § 34-1216
Ark. Code Ann. § 9-3-116 — AR Code / Title 9 / Chapter 3 / Section 9-3-116
Admission of surviving spouse and minor children
Status: in_force

When any person who has declared his or her intention to become a resident domiciled in the State of Arkansas dies before he or she has received a certificate from the Secretary of State showing him or her to be a resident domiciled in this state, the surviving spouse and minor children of the person, by complying with the other provisions of this chapter, may become residents domiciled in the State of Arkansas without making any declaration of intention. Acts 1941, No. 355, § 11; A.S.A. 1947, § 34-1311

When any person who has declared his or her intention to become a resident domiciled in the State of Arkansas dies before he or she has received a certificate from the Secretary of State showing him or her to be a resident domiciled in this state, the surviving spouse and minor children of the person, by complying with the other provisions of this chapter, may become residents domiciled in the State of Arkansas without making any declaration of intention.

Acts 1941, No. 355, § 11; A.S.A. 1947, § 34-1311
Ark. Code Ann. § 9-11-101 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-101
Marriage a civil contract - Consent of parties
Status: in_force

Marriage is considered in law a civil contract to which the consent of the parties capable in law of contracting is necessary. Rev. Stat., ch. 94, § 1; C. & M. Dig., § 7036; Pope's Dig., § 9016; A.S.A. 1947, § 55-101

Marriage is considered in law a civil contract to which the consent of the parties capable in law of contracting is necessary.

Rev. Stat., ch. 94, § 1; C. & M. Dig., § 7036; Pope's Dig., § 9016; A.S.A. 1947, § 55-101
Ark. Code Ann. § 9-27-505 — AR Code / Title 9 / Chapter 27 / Subchapter 5 / Section 9-27-505
Extended juvenile jurisdiction adjudication
Status: in_force

(a) An extended juvenile jurisdiction offender and the state shall have the right to a jury trial at the adjudication hearing. (b) The juvenile shall be advised of the right to a jury trial by the circuit court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender. (c) (1) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney. (2) The waiver shall be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian, and the court shall inquire on the record to ensure that the waiver was made in a knowing, intelligent, and voluntary manner. (d) All provisions of the Arkansas Code of 1987 Annotated and the Arkansas Rules of Criminal Procedure not in conflict with this subchapter that regulate criminal jury trials in circuit court shall apply to jury trials for juveniles subject to extended juvenile jurisdiction proceedings. (e) The adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure. (f) The state bears the burden to prove the charges in the petition beyond a reasonable doubt. (g) (1) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter a disposition subject to § 9-27-506 . (2) If the juvenile is adjudicated delinquent for an offense that would not have subjected him or her to extended juvenile jurisdiction, the court shall enter any of the dispositions available under § 9-27-330 . Acts 1999, No. 1192, § 5; 2003, No. 1166, § 29

(a) An extended juvenile jurisdiction offender and the state shall have the right to a jury trial at the adjudication hearing.

(b) The juvenile shall be advised of the right to a jury trial by the circuit court following a determination that the juvenile will be tried as an extended juvenile jurisdiction offender.

(c) (1) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney. (2) The waiver shall be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian, and the court shall inquire on the record to ensure that the waiver was made in a knowing, intelligent, and voluntary manner.

(1) The right to a jury trial may be waived by a juvenile only after being advised of his or her rights and after consultation with the juvenile's attorney.

(2) The waiver shall be in writing and signed by the juvenile, the juvenile's attorney, and the juvenile's parent or guardian, and the court shall inquire on the record to ensure that the waiver was made in a knowing, intelligent, and voluntary manner.

(d) All provisions of the Arkansas Code of 1987 Annotated and the Arkansas Rules of Criminal Procedure not in conflict with this subchapter that regulate criminal jury trials in circuit court shall apply to jury trials for juveniles subject to extended juvenile jurisdiction proceedings.

(e) The adjudication shall be held within the time prescribed by the speedy trial provisions of Rule 28 of the Arkansas Rules of Criminal Procedure.

(f) The state bears the burden to prove the charges in the petition beyond a reasonable doubt.

(g) (1) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter a disposition subject to § 9-27-506 . (2) If the juvenile is adjudicated delinquent for an offense that would not have subjected him or her to extended juvenile jurisdiction, the court shall enter any of the dispositions available under § 9-27-330 .

(1) If a juvenile is adjudicated delinquent as an extended juvenile jurisdiction offender, the court shall enter a disposition subject to § 9-27-506 .

(2) If the juvenile is adjudicated delinquent for an offense that would not have subjected him or her to extended juvenile jurisdiction, the court shall enter any of the dispositions available under § 9-27-330 .

Acts 1999, No. 1192, § 5; 2003, No. 1166, § 29
Ark. Code Ann. § 9-27-312 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-312
Notification to defendants
Status: in_force

(a) In a delinquency and family-in-need-of-services case, a juvenile defendant ten (10) years of age and above, any persons having care and control of the juveniles, and all adult defendants shall be served with a copy of the petition and either a notice of hearing or order to appear in the manner provided by the Arkansas Rules of Civil Procedure. (b) In a dependent-neglected case: (1) A juvenile respondent shall be served with a copy of the petition and all other pleadings by serving the juvenile's attorney ad litem in accordance with Rule 5 of the Arkansas Rules of Civil Procedure; and (2) Each adult defendant shall be served in the manner provided in the Arkansas Rules of Civil Procedure with a copy of the petition and either a notice of a hearing or an order to appear. Amended by Act 2015, No. 825,§ 1, eff. 7/22/2015 Acts 1989, No. 273, § 11

(a) In a delinquency and family-in-need-of-services case, a juvenile defendant ten (10) years of age and above, any persons having care and control of the juveniles, and all adult defendants shall be served with a copy of the petition and either a notice of hearing or order to appear in the manner provided by the Arkansas Rules of Civil Procedure.

(b) In a dependent-neglected case: (1) A juvenile respondent shall be served with a copy of the petition and all other pleadings by serving the juvenile's attorney ad litem in accordance with Rule 5 of the Arkansas Rules of Civil Procedure; and (2) Each adult defendant shall be served in the manner provided in the Arkansas Rules of Civil Procedure with a copy of the petition and either a notice of a hearing or an order to appear.

(1) A juvenile respondent shall be served with a copy of the petition and all other pleadings by serving the juvenile's attorney ad litem in accordance with Rule 5 of the Arkansas Rules of Civil Procedure; and

(2) Each adult defendant shall be served in the manner provided in the Arkansas Rules of Civil Procedure with a copy of the petition and either a notice of a hearing or an order to appear.

Amended by Act 2015, No. 825,§ 1, eff. 7/22/2015

Acts 1989, No. 273, § 11
Ark. Code Ann. § 9-13-402 — AR Code / Title 9 / Chapter 13 / Subchapter 4 / Section 9-13-402
Definitions
Status: in_force

As used in this subchapter: (1) "Child" means a minor under eighteen (18) years of age who is the subject of a custody or visitation: (A) Matter currently pending before a court; or (B) Order that has been issued by a court; (2) "Court" means any circuit court of competent jurisdiction; (3) "Custodian" means the custodial parent, legal guardian, or lawful custodian of the child as determined by a court of competent jurisdiction in the State of Arkansas; (4) "Dual nationality" means the simultaneous possession of citizenship in two (2) countries; (5) (A) "Human rights" means the basic principles that recognize each child's freedom and right to be protected from abuse and neglect. (B) "Human rights" includes the protection of children from: (i) Abuse and neglect; (ii) Arranged marriages; (iii) Child labor; (iv) Genital mutilation; (v) Sexual exploitation; (vi) Slavery; (vii) Torture and the deprivation of liberty; and (viii) Armed conflicts. (C) "Human rights" includes the right of children to: (i) Survive and develop; (ii) A name from birth; (iii) Be granted a nationality; (iv) Freedom of expression; (v) Freedom of thought, conscience, and religion; and (vi) A free and compulsory education; (6) "International child abduction" means the act of taking away, enticing away, withholding, keeping, or concealing a child from his or her parent or custodian by removing the child from the United States; (7) "Parent" means the biological or adoptive parent of a child; (8) "Registration" means the official act of notification or documentation of the birth, name, or lineage of an individual; and (9) "Security professional" means: (A) A bodyguard; (B) An off-duty certified law enforcement officer; (C) A person who holds a license issued by the State of Arkansas or another state; or (D) A person who has past experience or training as a professional in the area of securing the safety of persons. Acts 2005, No. 170, § 1

As used in this subchapter:

(1) "Child" means a minor under eighteen (18) years of age who is the subject of a custody or visitation: (A) Matter currently pending before a court; or (B) Order that has been issued by a court;

(A) Matter currently pending before a court; or

(B) Order that has been issued by a court;

(2) "Court" means any circuit court of competent jurisdiction;

(3) "Custodian" means the custodial parent, legal guardian, or lawful custodian of the child as determined by a court of competent jurisdiction in the State of Arkansas;

(4) "Dual nationality" means the simultaneous possession of citizenship in two (2) countries;

(5) (A) "Human rights" means the basic principles that recognize each child's freedom and right to be protected from abuse and neglect. (B) "Human rights" includes the protection of children from: (i) Abuse and neglect; (ii) Arranged marriages; (iii) Child labor; (iv) Genital mutilation; (v) Sexual exploitation; (vi) Slavery; (vii) Torture and the deprivation of liberty; and (viii) Armed conflicts. (C) "Human rights" includes the right of children to: (i) Survive and develop; (ii) A name from birth; (iii) Be granted a nationality; (iv) Freedom of expression; (v) Freedom of thought, conscience, and religion; and (vi) A free and compulsory education;

(A) "Human rights" means the basic principles that recognize each child's freedom and right to be protected from abuse and neglect.

(B) "Human rights" includes the protection of children from: (i) Abuse and neglect; (ii) Arranged marriages; (iii) Child labor; (iv) Genital mutilation; (v) Sexual exploitation; (vi) Slavery; (vii) Torture and the deprivation of liberty; and (viii) Armed conflicts.

(i) Abuse and neglect;

(ii) Arranged marriages;

(iii) Child labor;

(iv) Genital mutilation;

(v) Sexual exploitation;

(vi) Slavery;

(vii) Torture and the deprivation of liberty; and

(viii) Armed conflicts.

(C) "Human rights" includes the right of children to: (i) Survive and develop; (ii) A name from birth; (iii) Be granted a nationality; (iv) Freedom of expression; (v) Freedom of thought, conscience, and religion; and (vi) A free and compulsory education;

(i) Survive and develop;

(ii) A name from birth;

(iii) Be granted a nationality;

(iv) Freedom of expression;

(v) Freedom of thought, conscience, and religion; and

(vi) A free and compulsory education;

(6) "International child abduction" means the act of taking away, enticing away, withholding, keeping, or concealing a child from his or her parent or custodian by removing the child from the United States;

(7) "Parent" means the biological or adoptive parent of a child;

(8) "Registration" means the official act of notification or documentation of the birth, name, or lineage of an individual; and

(9) "Security professional" means: (A) A bodyguard; (B) An off-duty certified law enforcement officer; (C) A person who holds a license issued by the State of Arkansas or another state; or (D) A person who has past experience or training as a professional in the area of securing the safety of persons.

(A) A bodyguard;

(B) An off-duty certified law enforcement officer;

(C) A person who holds a license issued by the State of Arkansas or another state; or

(D) A person who has past experience or training as a professional in the area of securing the safety of persons.

Acts 2005, No. 170, § 1
Ark. Code Ann. § 9-26-218 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-218
Renunciation, resignation, death, or removal of custodian - Designation of successor custodian
Status: in_force

(a) A person nominated under § 9-26-203 or designated under § 9-26-209 as custodian may decline to serve by delivering a valid disclaimer in the form prescribed by § 28-2-106 [repealed] to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under § 9-26-203 , the person who made the nomination may nominate a substitute custodian under § 9-26-203 ; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under § 9-26-209(a) . The custodian so designated shall have the rights of a successor custodian. (b) A custodian at any time may designate a trust company or an adult other than a transferor under § 9-26-204 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor shall not take effect until the custodian resigns, dies, becomes incapacitated, or is removed. (c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of fourteen (14) years and to the successor custodian and by delivering the custodial property to the successor custodian. (d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of fourteen (14) years, the minor may designate as successor custodian, in the manner prescribed in subsection (b), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of fourteen (14) years or fails to act within sixty (60) days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian. (e) A custodian who declines to serve under subsection (a) of this section or resigns under subsection (c) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received. (f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of fourteen (14) years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under § 9-26-204 or to require the custodian to give appropriate bond. Acts 1985, No. 476, § 18; A.S.A. 1947, § 50-951

(a) A person nominated under § 9-26-203 or designated under § 9-26-209 as custodian may decline to serve by delivering a valid disclaimer in the form prescribed by § 28-2-106 [repealed] to the person who made the nomination or to the transferor or the transferor's legal representative. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under § 9-26-203 , the person who made the nomination may nominate a substitute custodian under § 9-26-203 ; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under § 9-26-209(a) . The custodian so designated shall have the rights of a successor custodian.

(b) A custodian at any time may designate a trust company or an adult other than a transferor under § 9-26-204 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor shall not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.

(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of fourteen (14) years and to the successor custodian and by delivering the custodial property to the successor custodian.

(d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of fourteen (14) years, the minor may designate as successor custodian, in the manner prescribed in subsection (b), an adult member of the minor's family, a conservator of the minor, or a trust company. If the minor has not attained the age of fourteen (14) years or fails to act within sixty (60) days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian. If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.

(e) A custodian who declines to serve under subsection (a) of this section or resigns under subsection (c) of this section, or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

(f) A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of fourteen (14) years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under § 9-26-204 or to require the custodian to give appropriate bond.

Acts 1985, No. 476, § 18; A.S.A. 1947, § 50-951
Ark. Code Ann. § 9-13-301 — AR Code / Title 9 / Chapter 13 / Subchapter 3 / Section 9-13-301
Noncustodial parent's right to child's scholastic records - Definitions
Status: in_force

(a) As used in this subchapter: (1) "Child" means any person under eighteen (18) years of age; and (2) "College" means any public institution of higher education. (b) Any noncustodial parent who has been awarded visitation rights by the court with respect to a child shall be provided upon request a copy of the current scholastic records of the child by the school district or college attended by the child. Acts 1997, No. 345, § 1

(a) As used in this subchapter: (1) "Child" means any person under eighteen (18) years of age; and (2) "College" means any public institution of higher education.

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

(2) "College" means any public institution of higher education.

(b) Any noncustodial parent who has been awarded visitation rights by the court with respect to a child shall be provided upon request a copy of the current scholastic records of the child by the school district or college attended by the child.

Acts 1997, No. 345, § 1
Ark. Code Ann. § 9-4-109 — AR Code / Title 9 / Chapter 4 / Section 9-4-109
Right of entry
Status: in_force

The Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee may enter and inspect the premises of a shelter to perform an annual evaluation or to otherwise determine compliance with this chapter. Acts 2003, No. 1276, § 1

The Arkansas Child Abuse/Rape/Domestic Violence Commission or its designee may enter and inspect the premises of a shelter to perform an annual evaluation or to otherwise determine compliance with this chapter.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-18-102 — AR Code / Title 9 / Chapter 18 / Section 9-18-102
Orders to reach retirement benefits
Status: in_force

(a) Notwithstanding § 24-3-212 [repealed] and § 24-7-715 or any other laws of Arkansas limiting the application of legal process to any retirement plans, the circuit courts of Arkansas are empowered to enter qualified domestic relations orders to reach any and all retirement annuities and benefits of any retirement plan. (b) The qualified domestic relations order of the circuit court is authorized to specify that a designated percent of a fractional interest on any retirement benefit payment may be paid to an alternate payee. Acts 1993, No. 1143, § 2; 1995, No. 644, § 1

(a) Notwithstanding § 24-3-212 [repealed] and § 24-7-715 or any other laws of Arkansas limiting the application of legal process to any retirement plans, the circuit courts of Arkansas are empowered to enter qualified domestic relations orders to reach any and all retirement annuities and benefits of any retirement plan.

(b) The qualified domestic relations order of the circuit court is authorized to specify that a designated percent of a fractional interest on any retirement benefit payment may be paid to an alternate payee.

Acts 1993, No. 1143, § 2; 1995, No. 644, § 1
Ark. Code Ann. § 9-19-302 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-302
Enforcement under Hague Convention
Status: in_force

Under this subchapter a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination. Acts 1999, No. 668, § 302

Under this subchapter a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.

Acts 1999, No. 668, § 302
Ark. Code Ann. § 9-9-409 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-409
Subsidy amounts
Status: in_force

(a) The amount of the subsidy may be readjusted periodically with the concurrence of the adopting parents, which may be specified in the adoption subsidy agreement, depending upon a change in circumstances. (b) The subsidy may be for special services not covered by any other available resource, which include health or education services. To ensure the services remain appropriate, the services will be reviewed periodically. (c) The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable from time to time for the child under foster family care or, in the case of a special service, the reasonable fee for the service rendered. Acts 1979, No. 1109, § 5; 1985, No. 482, § 1; A.S.A. 1947, § 56-134; Acts 1999, No. 945, § 6

(a) The amount of the subsidy may be readjusted periodically with the concurrence of the adopting parents, which may be specified in the adoption subsidy agreement, depending upon a change in circumstances.

(b) The subsidy may be for special services not covered by any other available resource, which include health or education services. To ensure the services remain appropriate, the services will be reviewed periodically.

(c) The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable from time to time for the child under foster family care or, in the case of a special service, the reasonable fee for the service rendered.

Acts 1979, No. 1109, § 5; 1985, No. 482, § 1; A.S.A. 1947, § 56-134; Acts 1999, No. 945, § 6
Ark. Code Ann. § 9-10-114 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-114
Visitation rights of father
Status: in_force

When any circuit court in this state determines the paternity of a child and orders the father to make periodic payments for support of the child, the court may also grant reasonable visitation rights to the father and may issue such orders as may be necessary to enforce the visitation rights. Acts 1979, No. 621, § 1; A.S.A. 1947, § 34-715

When any circuit court in this state determines the paternity of a child and orders the father to make periodic payments for support of the child, the court may also grant reasonable visitation rights to the father and may issue such orders as may be necessary to enforce the visitation rights.

Acts 1979, No. 621, § 1; A.S.A. 1947, § 34-715
Ark. Code Ann. § 9-28-1002 — AR Code / Title 9 / Chapter 28 / Subchapter 10 / Section 9-28-1002
Findings and purpose
Status: in_force

(a) The General Assembly acknowledges that society has a responsibility, along with foster parents and the Department of Human Services, for the well-being of children in foster care. (b) Every child in foster care is endowed with the opportunities inherently belonging to all children. Acts 2007, No. 725, § 2

(a) The General Assembly acknowledges that society has a responsibility, along with foster parents and the Department of Human Services, for the well-being of children in foster care.

(b) Every child in foster care is endowed with the opportunities inherently belonging to all children.

Acts 2007, No. 725, § 2
Ark. Code Ann. § 9-19-304 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-304
Temporary visitation
Status: in_force

(a) A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing: (1) a visitation schedule made by a court of another state; or (2) the visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule. (b) If a court of this state makes an order under subdivision (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter 2 of this chapter. The order remains in effect until an order is obtained from the other court or the period expires. Acts 1999, No. 668, § 304

(a) A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing: (1) a visitation schedule made by a court of another state; or (2) the visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.

(1) a visitation schedule made by a court of another state; or

(2) the visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.

(b) If a court of this state makes an order under subdivision (a)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in subchapter 2 of this chapter. The order remains in effect until an order is obtained from the other court or the period expires.

Acts 1999, No. 668, § 304
Ark. Code Ann. § 9-12-201 — AR Code / Title 9 / Chapter 12 / Subchapter 2 / Section 9-12-201
Grounds
Status: in_force

When either of the parties to a marriage is incapable from want of age or understanding of consenting to any marriage, or is incapable of entering into the marriage state due to physical causes, or when the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent jurisdiction. Rev. Stat., ch. 94, § 5; C. & M. Dig., § 7041; Pope's Dig., § 9021; A.S.A. 1947, § 55-106

When either of the parties to a marriage is incapable from want of age or understanding of consenting to any marriage, or is incapable of entering into the marriage state due to physical causes, or when the consent of either party shall have been obtained by force or fraud, the marriage shall be void from the time its nullity shall be declared by a court of competent jurisdiction.

Rev. Stat., ch. 94, § 5; C. & M. Dig., § 7041; Pope's Dig., § 9021; A.S.A. 1947, § 55-106
Ark. Code Ann. § 9-10-110 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-110
Judgment for lying-in expenses - Commitment on failure to pay
Status: in_force

(a) If it is found by the court that the accused is the father of the child, the court shall render judgment against him for the lying-in expenses in favor of the mother, person, or agency incurring the lying-in expenses, if claimed. (b) If the lying-in expenses are not paid upon the rendition of the judgment, together with all costs that may be adjudged against him in the case, then the court shall have the power to commit the accused person to jail until the lying-in expenses are paid, with all costs. (c) (1) Bills and invoices for pregnancy and childbirth expenses and paternity testing are admissible as evidence in the circuit court or juvenile division of circuit court without third-party foundation testimony if such bills or invoices are regular on their face. (2) Such bills or invoices shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 777; Acts 1927, No. 111, § 1; Pope's Dig., § 933; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, § 34-706; Acts 1997, No. 1296, § 7

(a) If it is found by the court that the accused is the father of the child, the court shall render judgment against him for the lying-in expenses in favor of the mother, person, or agency incurring the lying-in expenses, if claimed.

(b) If the lying-in expenses are not paid upon the rendition of the judgment, together with all costs that may be adjudged against him in the case, then the court shall have the power to commit the accused person to jail until the lying-in expenses are paid, with all costs.

(c) (1) Bills and invoices for pregnancy and childbirth expenses and paternity testing are admissible as evidence in the circuit court or juvenile division of circuit court without third-party foundation testimony if such bills or invoices are regular on their face. (2) Such bills or invoices shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.

(1) Bills and invoices for pregnancy and childbirth expenses and paternity testing are admissible as evidence in the circuit court or juvenile division of circuit court without third-party foundation testimony if such bills or invoices are regular on their face.

(2) Such bills or invoices shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child.

Acts 1875 (Adj. Sess.), No. 24, § 5, p. 25; 1879, No. 72, § 3, p. 95; C. & M. Dig., § 777; Acts 1927, No. 111, § 1; Pope's Dig., § 933; Acts 1955, No. 236, § 1; 1979, No. 718, § 1; 1983, No. 177, § 1; A.S.A. 1947, § 34-706; Acts 1997, No. 1296, § 7
Ark. Code Ann. § 9-8-306 — AR Code / Title 9 / Chapter 8 / Subchapter 3 / Section 9-8-306
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013 Init. Meas. 2008, No. 1, § 6

Repealed by Act 2013, No. 1152,§ 3, eff. 8/16/2013

Init. Meas. 2008, No. 1, § 6
Ark. Code Ann. § 9-16-101 — AR Code / Title 9 / Chapter 16 / Section 9-16-101
Title
Status: in_force

This chapter shall be known as the "Family Preservation Services Program Act". Acts 1991, No. 1025, § 1; 2001, No. 906, § 1

This chapter shall be known as the "Family Preservation Services Program Act".

Acts 1991, No. 1025, § 1; 2001, No. 906, § 1
Ark. Code Ann. § 9-9-601 — AR Code / Title 9 / Chapter 9 / Subchapter 6 / Section 9-9-601
The Governor's Pro Bono Adoption Service Award
Status: in_force

(a) The Governor shall award the Governor's Pro Bono Adoption Service Award by proclamation in recognition of the efforts and sacrifice of those attorneys who provide adoption services on a volunteer basis. (b) Those receiving the Governor's Pro Bono Adoption Service Award shall be selected from a list of names that may be submitted annually to the Governor by judges, attorneys, the Department of Human Services, and other related organizations, agencies, and professional associations. Acts 2001, No. 1273, § 1

(a) The Governor shall award the Governor's Pro Bono Adoption Service Award by proclamation in recognition of the efforts and sacrifice of those attorneys who provide adoption services on a volunteer basis.

(b) Those receiving the Governor's Pro Bono Adoption Service Award shall be selected from a list of names that may be submitted annually to the Governor by judges, attorneys, the Department of Human Services, and other related organizations, agencies, and professional associations.

Acts 2001, No. 1273, § 1
Ark. Code Ann. § 9-11-508 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-508
Contracts concerning separate property of one spouse not binding on other spouse
Status: in_force

No bargain or contract made by any married person, in respect to his or her sole and separate property or any property that may come to him or her by descent, devise, bequest, purchase, or gift or grant of any person, and no bargain or contract entered into by any married person, in or about the carrying on of any trade or business, under any statute of the state, shall be binding upon his or her spouse or render his or her person or property in any way liable therefor. Acts 1873, No. 126, § 4, p. 382; C. & M. Dig., § 5582; Pope's Dig., § 7232; Acts 1981, No. 873, § 3; A.S.A. 1947, § 55-407

No bargain or contract made by any married person, in respect to his or her sole and separate property or any property that may come to him or her by descent, devise, bequest, purchase, or gift or grant of any person, and no bargain or contract entered into by any married person, in or about the carrying on of any trade or business, under any statute of the state, shall be binding upon his or her spouse or render his or her person or property in any way liable therefor.

Acts 1873, No. 126, § 4, p. 382; C. & M. Dig., § 5582; Pope's Dig., § 7232; Acts 1981, No. 873, § 3; A.S.A. 1947, § 55-407
Ark. Code Ann. § 9-15-406 — AR Code / Title 9 / Chapter 15 / Subchapter 4 / Section 9-15-406
Rules
Status: in_force

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall promulgate rules to implement and administer this subchapter. Acts 2007, No. 1414, § 1

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall promulgate rules to implement and administer this subchapter.

Acts 2007, No. 1414, § 1
Ark. Code Ann. § 9-15-405 — AR Code / Title 9 / Chapter 15 / Subchapter 4 / Section 9-15-405
Educational and training materials
Status: in_force

(a) The Arkansas Child Abuse/Rape/Domestic Violence Commission, in consultation with experts on spousal abuse prevention and intervention, shall develop educational material and training material to address the issues under this subchapter. (b) The educational material and training material shall be published and distributed around the state. Acts 2007, No. 1414, § 1

(a) The Arkansas Child Abuse/Rape/Domestic Violence Commission, in consultation with experts on spousal abuse prevention and intervention, shall develop educational material and training material to address the issues under this subchapter.

(b) The educational material and training material shall be published and distributed around the state.

Acts 2007, No. 1414, § 1
Ark. Code Ann. § 9-13-407 — AR Code / Title 9 / Chapter 13 / Subchapter 4 / Section 9-13-407
Ex parte relief
Status: in_force

(a) A court shall immediately conduct an ex parte hearing if a petitioner: (1) Alleges that: (A) An emergency exists; and (B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6) ; and (2) Requests an ex parte hearing on the issue seeking temporary and immediate relief. (b) At an ex parte hearing under this section, a court may grant the temporary relief necessary to prevent the child from becoming a victim of international child abduction until a full hearing on the matter can be held if the petitioner presents credible evidence that supports his or her allegation that his or her child is in imminent danger of becoming a victim of international child abduction. (c) A temporary order issued under this section shall not be effective for more than ninety (90) days. Acts 2005, No. 170, § 1

(a) A court shall immediately conduct an ex parte hearing if a petitioner: (1) Alleges that: (A) An emergency exists; and (B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6) ; and (2) Requests an ex parte hearing on the issue seeking temporary and immediate relief.

(1) Alleges that: (A) An emergency exists; and (B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6) ; and

(A) An emergency exists; and

(B) His or her child is in imminent danger of becoming a victim of international child abduction as defined under § 9-13-402(6) ; and

(2) Requests an ex parte hearing on the issue seeking temporary and immediate relief.

(b) At an ex parte hearing under this section, a court may grant the temporary relief necessary to prevent the child from becoming a victim of international child abduction until a full hearing on the matter can be held if the petitioner presents credible evidence that supports his or her allegation that his or her child is in imminent danger of becoming a victim of international child abduction.

(c) A temporary order issued under this section shall not be effective for more than ninety (90) days.

Acts 2005, No. 170, § 1
Ark. Code Ann. § 9-19-107 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-107
Priority
Status: in_force

If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. Acts 1999, No. 668, § 107

If a question of existence or exercise of jurisdiction under this chapter is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.

Acts 1999, No. 668, § 107
Ark. Code Ann. § 9-33-301 — AR Code / Title 9 / Chapter 33 / Subchapter 3 / Section 9-33-301
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 10, eff. 8/16/2013 Acts 1999, No. 1513, § 1

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

Acts 1999, No. 1513, § 1
Ark. Code Ann. § 9-27-346 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-346
Support orders
Status: in_force

(a) If it appears at the adjudication or disposition hearing in any case brought under this subchapter that the parents or any other person named in the petition who is by law required to provide support for the juvenile is able to contribute to the support of the juvenile, the court shall issue an order requiring the person to pay a reasonable sum pursuant to the guidelines for child support and the family support chart for the support, maintenance, or education of the juvenile to any person, agency, or institution to whom custody is awarded. (b) The court, upon proper motion, may make such adjustments and modifications of the order as may appear reasonable and proper. (c) The court shall also order the persons required by law to support a juvenile to disclose their places of employment and the amounts earned by them. Anyone who refuses to disclose such information may be cited for contempt of court. Acts 1975, No. 451, § 31; A.S.A. 1947, § 45-431; Acts 1993, No. 1152, § 1; 1997, No. 1296, § 38; 2003, No. 1166, § 23

(a) If it appears at the adjudication or disposition hearing in any case brought under this subchapter that the parents or any other person named in the petition who is by law required to provide support for the juvenile is able to contribute to the support of the juvenile, the court shall issue an order requiring the person to pay a reasonable sum pursuant to the guidelines for child support and the family support chart for the support, maintenance, or education of the juvenile to any person, agency, or institution to whom custody is awarded.

(b) The court, upon proper motion, may make such adjustments and modifications of the order as may appear reasonable and proper.

(c) The court shall also order the persons required by law to support a juvenile to disclose their places of employment and the amounts earned by them. Anyone who refuses to disclose such information may be cited for contempt of court.

Acts 1975, No. 451, § 31; A.S.A. 1947, § 45-431; Acts 1993, No. 1152, § 1; 1997, No. 1296, § 38; 2003, No. 1166, § 23
Ark. Code Ann. § 9-28-1201 — AR Code / Title 9 / Chapter 28 / Subchapter 12 / Section 9-28-1201
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 16, eff. 7/1/2023. Amended by Act 2019, No. 931,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5144, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2207, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 28, eff. 8/1/2017 Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015

Repealed by Act 2023, No. 365,§ 16, eff. 7/1/2023.

Amended by Act 2019, No. 931,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5144, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2207, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 28, eff. 8/1/2017

Added by Act 2015, No. 1010,§ 3, eff. 7/22/2015
Ark. Code Ann. § 9-26-102 — AR Code / Title 9 / Chapter 26 / Subchapter 1 / Section 9-26-102
Payment of money or delivery of personal property to minor - Duties of recipient
Status: in_force

(a) (1) Any person under a duty to pay or deliver money or personal property to a minor may perform his or her duty, in amounts not exceeding five thousand dollars ($5,000) per annum, by paying or delivering the money or property to: (A) The minor, if he or she has attained eighteen (18) years of age or is married; (B) Any person having the care and custody of the minor with whom the minor resides; (C) A guardian of the person of the minor; or (D) A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor. (2) However, any amounts in excess of one thousand dollars ($1,000) per annum must also be approved by the circuit court in the county in this state in which the minor or the person paying or delivering the money or property resides or is domiciled. (3) This subsection does not apply if the person making payment or delivery has actual knowledge that a guardian of the estate has been appointed or proceedings for appointment of a guardian of the estate of the minor are pending. (b) (1) The persons, other than the minor or any financial institutions under subdivision (a)(1)(D) of this section, receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. (2) Any excess sums shall be preserved for the future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when he or she attains majority. (c) Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application thereof. Acts 1975, No. 620, § 5; A.S.A. 1947, § 57-136

(a) (1) Any person under a duty to pay or deliver money or personal property to a minor may perform his or her duty, in amounts not exceeding five thousand dollars ($5,000) per annum, by paying or delivering the money or property to: (A) The minor, if he or she has attained eighteen (18) years of age or is married; (B) Any person having the care and custody of the minor with whom the minor resides; (C) A guardian of the person of the minor; or (D) A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor. (2) However, any amounts in excess of one thousand dollars ($1,000) per annum must also be approved by the circuit court in the county in this state in which the minor or the person paying or delivering the money or property resides or is domiciled. (3) This subsection does not apply if the person making payment or delivery has actual knowledge that a guardian of the estate has been appointed or proceedings for appointment of a guardian of the estate of the minor are pending.

(1) Any person under a duty to pay or deliver money or personal property to a minor may perform his or her duty, in amounts not exceeding five thousand dollars ($5,000) per annum, by paying or delivering the money or property to: (A) The minor, if he or she has attained eighteen (18) years of age or is married; (B) Any person having the care and custody of the minor with whom the minor resides; (C) A guardian of the person of the minor; or (D) A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.

(A) The minor, if he or she has attained eighteen (18) years of age or is married;

(B) Any person having the care and custody of the minor with whom the minor resides;

(C) A guardian of the person of the minor; or

(D) A financial institution incident to a deposit in a federally insured savings account in the sole name of the minor and giving notice of the deposit to the minor.

(2) However, any amounts in excess of one thousand dollars ($1,000) per annum must also be approved by the circuit court in the county in this state in which the minor or the person paying or delivering the money or property resides or is domiciled.

(3) This subsection does not apply if the person making payment or delivery has actual knowledge that a guardian of the estate has been appointed or proceedings for appointment of a guardian of the estate of the minor are pending.

(b) (1) The persons, other than the minor or any financial institutions under subdivision (a)(1)(D) of this section, receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support. (2) Any excess sums shall be preserved for the future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when he or she attains majority.

(1) The persons, other than the minor or any financial institutions under subdivision (a)(1)(D) of this section, receiving money or property for a minor are obligated to apply the money to the support and education of the minor but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's support.

(2) Any excess sums shall be preserved for the future support of the minor, and any balance not so used and any property received for the minor must be turned over to the minor when he or she attains majority.

(c) Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application thereof.

Acts 1975, No. 620, § 5; A.S.A. 1947, § 57-136
Ark. Code Ann. § 9-32-206 — AR Code / Title 9 / Chapter 32 / Subchapter 2 / Section 9-32-206
Provision of information and assistance
Status: in_force

(a) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall make available to the Senate Interim Committee on Children and Youth a list of all reports the unit submits to the Secretary of the Department of Human Services. (b) Under the direction of the secretary, the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall work cooperatively with and provide any necessary assistance to the Senate Interim Committee on Children and Youth. (c) Notwithstanding any agency rules to the contrary, the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall furnish information to members of the General Assembly, legislative staff, or legislative committees immediately upon request. Amended by Act 2019, No. 910,§ 5150, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 34, eff. 8/1/2017 Amended by Act 2013, No. 980,§ 4, eff. 8/16/2013 Acts 1995, No. 1222, § 6; 1997, No. 312, § 7; 2001, No. 1727, § 5

(a) The Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall make available to the Senate Interim Committee on Children and Youth a list of all reports the unit submits to the Secretary of the Department of Human Services.

(b) Under the direction of the secretary, the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall work cooperatively with and provide any necessary assistance to the Senate Interim Committee on Children and Youth.

(c) Notwithstanding any agency rules to the contrary, the Division of Youth Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Children and Family Services shall furnish information to members of the General Assembly, legislative staff, or legislative committees immediately upon request.

Amended by Act 2019, No. 910,§ 5150, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 34, eff. 8/1/2017

Amended by Act 2013, No. 980,§ 4, eff. 8/16/2013

Acts 1995, No. 1222, § 6; 1997, No. 312, § 7; 2001, No. 1727, § 5
Ark. Code Ann. § 9-26-204 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-204
Transfer by gift or exercise of power of appointment
Status: in_force

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 9-26-209 . Acts 1985, No. 476, § 4; A.S.A. 1947, § 50-937

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 9-26-209 .

Acts 1985, No. 476, § 4; A.S.A. 1947, § 50-937
Ark. Code Ann. § 9-27-304 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-304
Provisions supplemental
Status: in_force

(a) Unless this subchapter otherwise provides, nothing in this subchapter shall be construed to be in conflict with, to repeal, or to prevent proceedings under any act or statute of this state that may otherwise define any specific act of any person as a crime or misdemeanor, which act might also constitute contributing to the delinquency or dependency of a juvenile, or to prevent or to interfere with proceedings under any such acts. (b) Nor shall this subchapter be construed to be inconsistent with or to repeal any act providing for the support by parents of their minor children, the taking of indecent liberties with, or selling liquor, tobacco, or firearms to children, or permitting them in prohibited places. Nothing in any such act or similar acts shall be construed to be inconsistent with or repeal this subchapter or prevent proceedings under this subchapter. Acts 1989, No. 273, § 45

(a) Unless this subchapter otherwise provides, nothing in this subchapter shall be construed to be in conflict with, to repeal, or to prevent proceedings under any act or statute of this state that may otherwise define any specific act of any person as a crime or misdemeanor, which act might also constitute contributing to the delinquency or dependency of a juvenile, or to prevent or to interfere with proceedings under any such acts.

(b) Nor shall this subchapter be construed to be inconsistent with or to repeal any act providing for the support by parents of their minor children, the taking of indecent liberties with, or selling liquor, tobacco, or firearms to children, or permitting them in prohibited places. Nothing in any such act or similar acts shall be construed to be inconsistent with or repeal this subchapter or prevent proceedings under this subchapter.

Acts 1989, No. 273, § 45
Ark. Code Ann. § 9-4-101 — AR Code / Title 9 / Chapter 4 / Section 9-4-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Domestic Peace Act". Acts 2003, No. 1276, § 1

This chapter shall be known and may be cited as the "Arkansas Domestic Peace Act".

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-14-220 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-220
Income withholding - Persons subject to order - Ground to contest order
Status: in_force

(a) All persons under court order to pay support on August 1, 1985, who become delinquent in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to the income withholding provisions of this subchapter. An order of income withholding shall become effective when the requirements set forth in § 9-14-221 have been satisfied. (b) The only ground to contest an order of income withholding effective under § 9-14-221 shall be mistake of fact. Acts 1985, No. 989, § 14; A.S.A. 1947, § 34-1232

(a) All persons under court order to pay support on August 1, 1985, who become delinquent in an amount equal to the total court-ordered support payable for thirty (30) days shall be subject to the income withholding provisions of this subchapter. An order of income withholding shall become effective when the requirements set forth in § 9-14-221 have been satisfied.

(b) The only ground to contest an order of income withholding effective under § 9-14-221 shall be mistake of fact.

Acts 1985, No. 989, § 14; A.S.A. 1947, § 34-1232
Ark. Code Ann. § 9-27-344 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-344
Monthly report
Status: in_force

The circuit court shall submit monthly to the Director of the Administrative Office of the Courts a report in writing upon forms to be furnished by the director showing the number and disposition of juveniles brought before the juvenile division of circuit court together with such other information regarding those cases as may be requested by the director. Acts 1989, No. 273, § 43; 2003, No. 1166, § 22

The circuit court shall submit monthly to the Director of the Administrative Office of the Courts a report in writing upon forms to be furnished by the director showing the number and disposition of juveniles brought before the juvenile division of circuit court together with such other information regarding those cases as may be requested by the director.

Acts 1989, No. 273, § 43; 2003, No. 1166, § 22
Ark. Code Ann. § 9-9-412 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-412
Appeals
Status: in_force

Any subsidy decision by the Department of Human Services which the placement agency or the adoptive parents deem adverse to the child shall be reviewable according to the provisions of § 20-76-408 . Acts 1979, No. 1109, § 6; A.S.A. 1947, § 56-135

Any subsidy decision by the Department of Human Services which the placement agency or the adoptive parents deem adverse to the child shall be reviewable according to the provisions of § 20-76-408 .

Acts 1979, No. 1109, § 6; A.S.A. 1947, § 56-135
Ark. Code Ann. § 9-11-202 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-202
Form of license
Status: in_force

(a) The license may be in the following form: Click here to view form. (b) The party solemnizing the rites of matrimony shall endorse on the license his or her certificate of that fact in the following form: Click here to view form. (c) If the parties intend to contract a covenant marriage, the application for a marriage license must also include the following statement completed by at least one (1) of the two (2) parties: "We, [insert name of spouse] and [insert name of spouse], declare our intent to contract a covenant marriage and accordingly have executed the attached declaration of intent." Amended by Act 2015, No. 1127,§ 1, eff. 7/22/2015 Acts 1875, No. 127, § 3, p. 260; C. & M. Dig., § 7060; Pope's Dig., § 9042; A.S.A. 1947, § 55-204; Acts 2001, No. 1486, § 1

(a) The license may be in the following form: Click here to view form.

Click here to view form.

(b) The party solemnizing the rites of matrimony shall endorse on the license his or her certificate of that fact in the following form: Click here to view form.

Click here to view form.

(c) If the parties intend to contract a covenant marriage, the application for a marriage license must also include the following statement completed by at least one (1) of the two (2) parties: "We, [insert name of spouse] and [insert name of spouse], declare our intent to contract a covenant marriage and accordingly have executed the attached declaration of intent."

"We, [insert name of spouse] and [insert name of spouse], declare our intent to contract a covenant marriage and accordingly have executed the attached declaration of intent."

Amended by Act 2015, No. 1127,§ 1, eff. 7/22/2015

Acts 1875, No. 127, § 3, p. 260; C. & M. Dig., § 7060; Pope's Dig., § 9042; A.S.A. 1947, § 55-204; Acts 2001, No. 1486, § 1

11_202_1 - Attachment

11_202_2 - Attachment
Ark. Code Ann. § 9-27-402 — AR Code / Title 9 / Chapter 27 / Subchapter 4 / Section 9-27-402
Case plans
Status: in_force

(a) (1) A case plan shall be developed in all dependency-neglect cases or any case involving an out-of-home placement. (2) The case plan developed by the Department of Human Services under § 9-28-111 shall be filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner. (3) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available. (4) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing. (b) The case plan is subject to court approval upon review by the court. (c) The participation of a parent, guardian, or custodian in the development or the acceptance of a case plan shall not constitute an admission of dependency-neglect. Acts 1997, No. 1227, § 8; 1999, No. 401, § 16; 2009, No. 956, § 27; 2011, No. 591, § 9

(a) (1) A case plan shall be developed in all dependency-neglect cases or any case involving an out-of-home placement. (2) The case plan developed by the Department of Human Services under § 9-28-111 shall be filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner. (3) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available. (4) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing.

(1) A case plan shall be developed in all dependency-neglect cases or any case involving an out-of-home placement.

(2) The case plan developed by the Department of Human Services under § 9-28-111 shall be filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner.

(3) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available.

(4) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing.

(b) The case plan is subject to court approval upon review by the court.

(c) The participation of a parent, guardian, or custodian in the development or the acceptance of a case plan shall not constitute an admission of dependency-neglect.

Acts 1997, No. 1227, § 8; 1999, No. 401, § 16; 2009, No. 956, § 27; 2011, No. 591, § 9
Ark. Code Ann. § 9-11-410 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-410
Short title
Status: in_force

This subchapter may be cited as the "Arkansas Premarital Agreement Act". Acts 1987, No. 715, § 10

This subchapter may be cited as the "Arkansas Premarital Agreement Act".

Acts 1987, No. 715, § 10
Ark. Code Ann. § 9-11-811 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-811
Informational pamphlet
Status: in_force

(a) The Administrative Office of the Courts shall promulgate an informational pamphlet, entitled "Covenant Marriage Act of 2001", which shall outline in sufficient detail the consequences of entering into a covenant marriage. (b) The informational pamphlet shall be made available to any counselor who provides authorized counseling as provided for by this subchapter. Acts 2001, No. 1486, § 5

(a) The Administrative Office of the Courts shall promulgate an informational pamphlet, entitled "Covenant Marriage Act of 2001", which shall outline in sufficient detail the consequences of entering into a covenant marriage.

(b) The informational pamphlet shall be made available to any counselor who provides authorized counseling as provided for by this subchapter.

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-12-304 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-304
Pleadings - Interrogatories
Status: in_force

(a) The pleadings are not required to be verified by affidavit. (b) However, either party may file interrogatories to the other in regard to any matter of property involved in the action that shall be answered on oath as interrogatories in other actions and have the same effect. Civil Code, § 457; C. & M. Dig., § 3503; Pope's Dig., § 4384; A.S.A. 1947, § 34-1205

(a) The pleadings are not required to be verified by affidavit.

(b) However, either party may file interrogatories to the other in regard to any matter of property involved in the action that shall be answered on oath as interrogatories in other actions and have the same effect.

Civil Code, § 457; C. & M. Dig., § 3503; Pope's Dig., § 4384; A.S.A. 1947, § 34-1205
Ark. Code Ann. § 9-15-404 — AR Code / Title 9 / Chapter 15 / Subchapter 4 / Section 9-15-404
Safety plans and education
Status: in_force

The purpose of this subchapter is to: (1) Develop increased and improved security measures that provide greater protection for victims of spousal abuse, especially those who have orders of protection; (2) Help victims create a safety plan to keep them and their children as safe as possible by developing publications as described under § 9-15-405 on what to do and where to go if danger occurs; (3) Make safety plan publications as described under § 9-15-405 available in public health centers and for distribution to victims by police officers when responding to spousal abuse calls; (4) Create special training initiatives regarding the dynamics of spousal abuse for police intake officers, health officials, and social workers in order to help ensure a continuously improving response to spousal abuse; (5) Encourage the development of community-based, civic-based, and faith-based healthy relationship courses to teach to both adolescent boys and adolescent girls as they begin to date: (A) The elements of healthy relationships; (B) Acceptable and unacceptable behavior in relationships; (C) The concept of respect; (D) Conflict resolution techniques; (E) Antiviolence; and (F) The prevention of sexual assault and sexual harassment; (6) Help raise awareness about the devastating impact that spousal abuse has on children and families; and (7) Assist with the development of increased protection of victims of spousal abuse by establishing standards for protection and response by convening a committee of relevant experts in the field of health care and law enforcement to recommend standards to the General Assembly. Acts 2007, No. 1414, § 1

The purpose of this subchapter is to:

(1) Develop increased and improved security measures that provide greater protection for victims of spousal abuse, especially those who have orders of protection;

(2) Help victims create a safety plan to keep them and their children as safe as possible by developing publications as described under § 9-15-405 on what to do and where to go if danger occurs;

(3) Make safety plan publications as described under § 9-15-405 available in public health centers and for distribution to victims by police officers when responding to spousal abuse calls;

(4) Create special training initiatives regarding the dynamics of spousal abuse for police intake officers, health officials, and social workers in order to help ensure a continuously improving response to spousal abuse;

(5) Encourage the development of community-based, civic-based, and faith-based healthy relationship courses to teach to both adolescent boys and adolescent girls as they begin to date: (A) The elements of healthy relationships; (B) Acceptable and unacceptable behavior in relationships; (C) The concept of respect; (D) Conflict resolution techniques; (E) Antiviolence; and (F) The prevention of sexual assault and sexual harassment;

(A) The elements of healthy relationships;

(B) Acceptable and unacceptable behavior in relationships;

(C) The concept of respect;

(D) Conflict resolution techniques;

(E) Antiviolence; and

(F) The prevention of sexual assault and sexual harassment;

(6) Help raise awareness about the devastating impact that spousal abuse has on children and families; and

(7) Assist with the development of increased protection of victims of spousal abuse by establishing standards for protection and response by convening a committee of relevant experts in the field of health care and law enforcement to recommend standards to the General Assembly.

Acts 2007, No. 1414, § 1
Ark. Code Ann. § 9-27-403 — AR Code / Title 9 / Chapter 27 / Subchapter 4 / Section 9-27-403
Dependency-neglect attorney contracts
Status: in_force

(a) The Division of Dependency-Neglect Representation may enter into a professional services contract with a qualified attorney who: (1) Has previously been employed as an attorney by the state before being appointed to provide representation in dependency-neglect cases by a circuit court; or (2) (A) Is serving as a part-time public defender or other part-time state employee employed as an attorney when the part-time public defender or other part-time state employee employed as an attorney has been appointed to provide dependency-neglect services by a circuit court. (B) The part-time public defender or other part-time state employee employed as an attorney is eligible for additional compensation that shall not be construed as exceeding the line item maximum for the grade of the part-time public defender's or other part-time state employee's position when the division reimburses the part-time public defender or other part-time state employee employed as an attorney for dependency-neglect representation services performed. (b) This section does not prevent the division from otherwise contracting with any qualified attorney in the state for dependency-neglect cases. Added by Act 2023, No. 122,§ 34, eff. 7/1/2023.

(a) The Division of Dependency-Neglect Representation may enter into a professional services contract with a qualified attorney who: (1) Has previously been employed as an attorney by the state before being appointed to provide representation in dependency-neglect cases by a circuit court; or (2) (A) Is serving as a part-time public defender or other part-time state employee employed as an attorney when the part-time public defender or other part-time state employee employed as an attorney has been appointed to provide dependency-neglect services by a circuit court. (B) The part-time public defender or other part-time state employee employed as an attorney is eligible for additional compensation that shall not be construed as exceeding the line item maximum for the grade of the part-time public defender's or other part-time state employee's position when the division reimburses the part-time public defender or other part-time state employee employed as an attorney for dependency-neglect representation services performed.

(1) Has previously been employed as an attorney by the state before being appointed to provide representation in dependency-neglect cases by a circuit court; or

(2) (A) Is serving as a part-time public defender or other part-time state employee employed as an attorney when the part-time public defender or other part-time state employee employed as an attorney has been appointed to provide dependency-neglect services by a circuit court. (B) The part-time public defender or other part-time state employee employed as an attorney is eligible for additional compensation that shall not be construed as exceeding the line item maximum for the grade of the part-time public defender's or other part-time state employee's position when the division reimburses the part-time public defender or other part-time state employee employed as an attorney for dependency-neglect representation services performed.

(A) Is serving as a part-time public defender or other part-time state employee employed as an attorney when the part-time public defender or other part-time state employee employed as an attorney has been appointed to provide dependency-neglect services by a circuit court.

(B) The part-time public defender or other part-time state employee employed as an attorney is eligible for additional compensation that shall not be construed as exceeding the line item maximum for the grade of the part-time public defender's or other part-time state employee's position when the division reimburses the part-time public defender or other part-time state employee employed as an attorney for dependency-neglect representation services performed.

(b) This section does not prevent the division from otherwise contracting with any qualified attorney in the state for dependency-neglect cases.

Added by Act 2023, No. 122,§ 34, eff. 7/1/2023.
Ark. Code Ann. § 9-31-401 — AR Code / Title 9 / Chapter 31 / Subchapter 4 / Section 9-31-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Youth Mediation Program Act of 1999". Acts 1999, No. 628, § 1

This subchapter shall be known and may be cited as the "Arkansas Youth Mediation Program Act of 1999".

Acts 1999, No. 628, § 1
Ark. Code Ann. § 9-9-222 — AR Code / Title 9 / Chapter 9 / Subchapter 2 / Section 9-9-222
Repeal and effective date
Status: in_force

(a) The following acts and laws and parts of laws in conflict herewith are repealed as of the effective date of this subchapter: (1) Acts 1947, No. 369; (2) Acts 1953, No. 254; (3) Acts 1953, No. 265; (4) Acts 1969, No. 303, § 17. (b) Any adoption or termination proceedings pending on the effective date of this subchapter are not affected thereby. Acts 1977, No. 735, § 22

(a) The following acts and laws and parts of laws in conflict herewith are repealed as of the effective date of this subchapter: (1) Acts 1947, No. 369; (2) Acts 1953, No. 254; (3) Acts 1953, No. 265; (4) Acts 1969, No. 303, § 17.

(1) Acts 1947, No. 369;

(2) Acts 1953, No. 254;

(3) Acts 1953, No. 265;

(4) Acts 1969, No. 303, § 17.

(b) Any adoption or termination proceedings pending on the effective date of this subchapter are not affected thereby.

Acts 1977, No. 735, § 22
Ark. Code Ann. § 9-16-108 — AR Code / Title 9 / Chapter 16 / Section 9-16-108
Evaluation
Status: in_force

The Director of the Division of Children and Family Services of the Department of Human Services shall conduct a yearly evaluation of family preservation services that shall include the following: (1) The number of families in which the use of family preservation services has been an alternative to placement of the child if available; (2) The number of families receiving family preservation services, including the number of children in those families; (3) Among those families receiving family preservation services, the number of children placed outside the home and the average cost per family of providing family preservation services; (4) The estimated cost of out-of-home placement that would have been expended on behalf of those children who received family preservation services based on the average lengths of stay and the average costs of out-of-home placements; (5) The number of children who remain unified with their families six (6) months and one (1) year after completion of family preservation services; and (6) An overall evaluation of the progress of family preservation services programs during the preceding year, recommendations for improvements in delivery of this service, and a plan for the continued development of family preservation services to ensure progress towards statewide availability. Acts 1991, No. 1025, § 8; 2001, No. 906, § 6

The Director of the Division of Children and Family Services of the Department of Human Services shall conduct a yearly evaluation of family preservation services that shall include the following:

(1) The number of families in which the use of family preservation services has been an alternative to placement of the child if available;

(2) The number of families receiving family preservation services, including the number of children in those families;

(3) Among those families receiving family preservation services, the number of children placed outside the home and the average cost per family of providing family preservation services;

(4) The estimated cost of out-of-home placement that would have been expended on behalf of those children who received family preservation services based on the average lengths of stay and the average costs of out-of-home placements;

(5) The number of children who remain unified with their families six (6) months and one (1) year after completion of family preservation services; and

(6) An overall evaluation of the progress of family preservation services programs during the preceding year, recommendations for improvements in delivery of this service, and a plan for the continued development of family preservation services to ensure progress towards statewide availability.

Acts 1991, No. 1025, § 8; 2001, No. 906, § 6
Ark. Code Ann. § 9-14-211 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-211
Assigned support rights generally
Status: in_force

(a) Support rights assigned to the Department of Human Services under § 9-14-109 shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes. (b) The amount of obligation owed to the state shall be the amount specified in a court order that covers the assigned rights or, when no court order exists, the amount of obligation owed to the state shall be the amount determined by a court based upon the parent's or parents' income or ability to pay during the period of assignment as applied to the Arkansas child support guidelines and family support chart. Amended by Act 2021, No. 927,§ 11, eff. 7/28/2021. Acts 1985, No. 989, § 22; A.S.A. 1947, § 34-1240; Acts 1991, No. 369, § 1; 1997, No. 1296, § 23

(a) Support rights assigned to the Department of Human Services under § 9-14-109 shall constitute an obligation owed to the State of Arkansas by the person responsible for providing the support, and the obligation shall be collectible under all legal processes.

(b) The amount of obligation owed to the state shall be the amount specified in a court order that covers the assigned rights or, when no court order exists, the amount of obligation owed to the state shall be the amount determined by a court based upon the parent's or parents' income or ability to pay during the period of assignment as applied to the Arkansas child support guidelines and family support chart.

Amended by Act 2021, No. 927,§ 11, eff. 7/28/2021.

Acts 1985, No. 989, § 22; A.S.A. 1947, § 34-1240; Acts 1991, No. 369, § 1; 1997, No. 1296, § 23
Ark. Code Ann. § 9-6-101 — AR Code / Title 9 / Chapter 6 / Section 9-6-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Domestic Violence Shelter Act". Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

This chapter shall be known and may be cited as the "Arkansas Domestic Violence Shelter Act".

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-33-303 — AR Code / Title 9 / Chapter 33 / Subchapter 3 / Section 9-33-303
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 10, eff. 8/16/2013 Acts 1999, No. 1513, § 3

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

Acts 1999, No. 1513, § 3
Ark. Code Ann. § 9-31-402 — AR Code / Title 9 / Chapter 31 / Subchapter 4 / Section 9-31-402
Legislative purpose
Status: in_force

The General Assembly recognizes: (1) That the youth of Arkansas are its most important natural resource and they are increasingly at risk due to conflict in their homes, schools, and communities; (2) That mediation programs can help the youth of Arkansas and people in their homes, schools, and communities to resolve conflicts cooperatively, productively, and nonviolently and when possible prevent harmful conflicts from rising to confrontation and violence; and (3) Therefore this subchapter is intended to benefit children, families, professionals, and courts throughout the State of Arkansas by establishing the Arkansas Youth Mediation Program to be housed at the University of Arkansas at Little Rock William H. Bowen School of Law and the University of Arkansas at Fayetteville School of Law to provide mediation services and training for: (A) Children in schools; (B) Youth who have committed certain delinquent acts; (C) Children and families in need of services; and (D) Children and families when there are allegations or findings of child abuse or neglect. Acts 1999, No. 628, § 2

The General Assembly recognizes:

(1) That the youth of Arkansas are its most important natural resource and they are increasingly at risk due to conflict in their homes, schools, and communities;

(2) That mediation programs can help the youth of Arkansas and people in their homes, schools, and communities to resolve conflicts cooperatively, productively, and nonviolently and when possible prevent harmful conflicts from rising to confrontation and violence; and

(3) Therefore this subchapter is intended to benefit children, families, professionals, and courts throughout the State of Arkansas by establishing the Arkansas Youth Mediation Program to be housed at the University of Arkansas at Little Rock William H. Bowen School of Law and the University of Arkansas at Fayetteville School of Law to provide mediation services and training for: (A) Children in schools; (B) Youth who have committed certain delinquent acts; (C) Children and families in need of services; and (D) Children and families when there are allegations or findings of child abuse or neglect.

(A) Children in schools;

(B) Youth who have committed certain delinquent acts;

(C) Children and families in need of services; and

(D) Children and families when there are allegations or findings of child abuse or neglect.

Acts 1999, No. 628, § 2
Ark. Code Ann. § 9-11-805 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-805
Form of affidavit
Status: in_force

The following is the suggested form of the affidavit that may be used by the parties, notary, and counselor: Click here to view form. Acts 2001, No. 1486, § 5

The following is the suggested form of the affidavit that may be used by the parties, notary, and counselor:

Click here to view form.

Acts 2001, No. 1486, § 5

11_805_1 - Attachment
Ark. Code Ann. § 9-14-216 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-216
Income withholding - Establishment and maintenance of system
Status: in_force

(a) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and maintain a system to promptly implement income withholding for support orders issued in other states. (2) The office shall also seek assistance from other states in implementing income withholding in other states for support orders issued in this state. (b) The other state shall forward to the office three (3) certified copies of the support order issued by its court or administrative forum and a notice that contains the noncustodial parent's name, Social Security number, and current address, the name and address of the payor to the noncustodial parent, the amount to be withheld, and the name and address where payments are to be mailed by the office. (c) Upon receipt of the notice and certified copies of the order, the office shall establish the case within its system and follow the procedures enumerated in §§ 9-14-221 - 9-14-223 and 9-14-229 . (d) Payors notified of income withholding orders arising from other states shall be bound by and under the same requirements as though the order were issued by a court of this state under this subchapter. (e) The office shall forward all payments received under this subchapter to the address provided by the other state. (f) The office shall notify the state where the support order was entered when the noncustodial parent terminates employment within this state and shall provide the new address and new employer to the state, if known. Acts 1985, No. 989, § 30; A.S.A. 1947, § 34-1248; Acts 1989, No. 948, § 4

(a) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and maintain a system to promptly implement income withholding for support orders issued in other states. (2) The office shall also seek assistance from other states in implementing income withholding in other states for support orders issued in this state.

(1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall establish and maintain a system to promptly implement income withholding for support orders issued in other states.

(2) The office shall also seek assistance from other states in implementing income withholding in other states for support orders issued in this state.

(b) The other state shall forward to the office three (3) certified copies of the support order issued by its court or administrative forum and a notice that contains the noncustodial parent's name, Social Security number, and current address, the name and address of the payor to the noncustodial parent, the amount to be withheld, and the name and address where payments are to be mailed by the office.

(c) Upon receipt of the notice and certified copies of the order, the office shall establish the case within its system and follow the procedures enumerated in §§ 9-14-221 - 9-14-223 and 9-14-229 .

(d) Payors notified of income withholding orders arising from other states shall be bound by and under the same requirements as though the order were issued by a court of this state under this subchapter.

(e) The office shall forward all payments received under this subchapter to the address provided by the other state.

(f) The office shall notify the state where the support order was entered when the noncustodial parent terminates employment within this state and shall provide the new address and new employer to the state, if known.

Acts 1985, No. 989, § 30; A.S.A. 1947, § 34-1248; Acts 1989, No. 948, § 4
Ark. Code Ann. § 9-32-202 — AR Code / Title 9 / Chapter 32 / Subchapter 2 / Section 9-32-202
Legislative findings
Status: in_force

To enhance the public's access to child welfare program performance indicators, to raise the public's awareness of the child welfare program's client outcomes, to enable the General Assembly to monitor and assess the performance of the Division of Children and Family Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Youth Services, and to specifically monitor the compliance of the Division of Children and Family Services with court-ordered settlement agreements and compliance with state laws and rules and federal regulations, the General Assembly finds that special and extraordinary provisions for legislative oversight of the child welfare system should be established. Amended by Act 2019, No. 315,§ 732, eff. 7/24/2019. Amended by Act 2017, No. 913,§ 29, eff. 8/1/2017 Amended by Act 2013, No. 980,§ 1, eff. 8/16/2013 Acts 1995, No. 1222, § 2; 2001, No. 1727, § 1

To enhance the public's access to child welfare program performance indicators, to raise the public's awareness of the child welfare program's client outcomes, to enable the General Assembly to monitor and assess the performance of the Division of Children and Family Services, the Division of Aging, Adult, and Behavioral Health Services, and the Division of Youth Services, and to specifically monitor the compliance of the Division of Children and Family Services with court-ordered settlement agreements and compliance with state laws and rules and federal regulations, the General Assembly finds that special and extraordinary provisions for legislative oversight of the child welfare system should be established.

Amended by Act 2019, No. 315,§ 732, eff. 7/24/2019.

Amended by Act 2017, No. 913,§ 29, eff. 8/1/2017

Amended by Act 2013, No. 980,§ 1, eff. 8/16/2013

Acts 1995, No. 1222, § 2; 2001, No. 1727, § 1
Ark. Code Ann. § 9-19-316 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-316
Role of law enforcement
Status: in_force

At the request of a prosecuting attorney acting under § 9-19-315 , a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecuting attorney with responsibilities under § 9-19-315 . Acts 1999, No. 668, § 316

At the request of a prosecuting attorney acting under § 9-19-315 , a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecuting attorney with responsibilities under § 9-19-315 .

Acts 1999, No. 668, § 316
Ark. Code Ann. § 9-14-505 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-505
[Repealed]
Status: repealed

Repealed by Act 2021, No. 927,§ 14, eff. 7/28/2021. Acts 1991, No. 368, § 6

Repealed by Act 2021, No. 927,§ 14, eff. 7/28/2021.

Acts 1991, No. 368, § 6
Ark. Code Ann. § 9-19-313 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-313
Recognition and enforcement
Status: in_force

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter. Acts 1999, No. 668, § 313

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter.

Acts 1999, No. 668, § 313
Ark. Code Ann. § 9-11-514 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-514
Settlements in equity
Status: in_force

This section and §§ 9-11-501 and 9-11-509 - 9-11-513 shall not be construed to abridge the existing jurisdiction and powers of a court of equity to make a settlement upon a spouse out of his or her separate estate and property and otherwise protect his or her separate property rights. Such jurisdiction is extended to securing to each spouse his or her separate property as required by law. Acts 1875 (Adj. Sess.), No. 91, § 5, p. 172; C. & M. Dig., § 5595; Pope's Dig., § 7245; Acts 1981, No. 873, § 10; A.S.A. 1947, § 55-413

This section and §§ 9-11-501 and 9-11-509 - 9-11-513 shall not be construed to abridge the existing jurisdiction and powers of a court of equity to make a settlement upon a spouse out of his or her separate estate and property and otherwise protect his or her separate property rights. Such jurisdiction is extended to securing to each spouse his or her separate property as required by law.

Acts 1875 (Adj. Sess.), No. 91, § 5, p. 172; C. & M. Dig., § 5595; Pope's Dig., § 7245; Acts 1981, No. 873, § 10; A.S.A. 1947, § 55-413
Ark. Code Ann. § 9-4-111 — AR Code / Title 9 / Chapter 4 / Section 9-4-111
Disclosure of information
Status: in_force

Information received by the Arkansas Child Abuse/Rape/Domestic Violence Commission, its employees, or its designees through files, reports, evaluations, inspections, or otherwise shall be confidential information and shall not be disclosed publicly in a manner as to identify individuals or facilities. Acts 2003, No. 1276, § 1

Information received by the Arkansas Child Abuse/Rape/Domestic Violence Commission, its employees, or its designees through files, reports, evaluations, inspections, or otherwise shall be confidential information and shall not be disclosed publicly in a manner as to identify individuals or facilities.

Acts 2003, No. 1276, § 1
Ark. Code Ann. § 9-32-207 — AR Code / Title 9 / Chapter 32 / Subchapter 2 / Section 9-32-207
Annual report to General Assembly
Status: in_force

The Senate Interim Committee on Children and Youth shall report annually to the General Assembly its findings and recommendations regarding the child welfare system. Acts 1995, No. 1222, § 7; 1997, No. 312, § 8

The Senate Interim Committee on Children and Youth shall report annually to the General Assembly its findings and recommendations regarding the child welfare system.

Acts 1995, No. 1222, § 7; 1997, No. 312, § 8
Ark. Code Ann. § 9-20-107 — AR Code / Title 9 / Chapter 20 / Section 9-20-107
Reports as evidence
Status: in_force

(a) A written report from persons or officials required to report under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment. (b) The affidavit of a physician, psychiatrist, psychologist, or licensed certified social worker shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment. (c) (1) The court may seal any records or parts of records containing protected health information as defined by the Health Insurance Portability and Accountability Act of 1996. (2) If a court seals any records or parts of records under subdivision (c)(1) of this section, the sealed records or parts of records become confidential and shall not be released to nonparties without a written order of the court. Acts 2005, No. 1811, § 1; 2009, No. 526, § 2

(a) A written report from persons or officials required to report under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.

(b) The affidavit of a physician, psychiatrist, psychologist, or licensed certified social worker shall be admissible in evidence in any proceeding relating to adult maltreatment or long-term care facility resident maltreatment.

(c) (1) The court may seal any records or parts of records containing protected health information as defined by the Health Insurance Portability and Accountability Act of 1996. (2) If a court seals any records or parts of records under subdivision (c)(1) of this section, the sealed records or parts of records become confidential and shall not be released to nonparties without a written order of the court.

(1) The court may seal any records or parts of records containing protected health information as defined by the Health Insurance Portability and Accountability Act of 1996.

(2) If a court seals any records or parts of records under subdivision (c)(1) of this section, the sealed records or parts of records become confidential and shall not be released to nonparties without a written order of the court.

Acts 2005, No. 1811, § 1; 2009, No. 526, § 2
Ark. Code Ann. § 9-30-106 — AR Code / Title 9 / Chapter 30 / Section 9-30-106
Receipt of money
Status: in_force

(a) (1) The Department of Human Services shall be the sole entity authorized to receive money from the United States Government, other governments, persons, or any other entities for the Children's Trust Fund and the One Percent to Prevent Fund. (2) The moneys received for the Children's Trust Fund and the One Percent to Prevent Fund are separate and shall be used only for the purposes provided in this chapter. (b) (1) Regarding the Children's Trust Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the Children's Trust Fund subject to the expenditure limitations prescribed by this chapter for the Children's Trust Fund. (2) All money except money from the United States Government received in the manner described in this section shall be transmitted to the Treasurer of State for deposit into the Children's Trust Fund. (c) Regarding the One Percent to Prevent Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the One Percent to Prevent Fund. Amended by Act 2017, No. 897,§ 8, eff. 7/1/2017 Acts 1987, No. 397, § 8; 1989, No. 353, § 1; 2003, No. 1224, § 2

(a) (1) The Department of Human Services shall be the sole entity authorized to receive money from the United States Government, other governments, persons, or any other entities for the Children's Trust Fund and the One Percent to Prevent Fund. (2) The moneys received for the Children's Trust Fund and the One Percent to Prevent Fund are separate and shall be used only for the purposes provided in this chapter.

(1) The Department of Human Services shall be the sole entity authorized to receive money from the United States Government, other governments, persons, or any other entities for the Children's Trust Fund and the One Percent to Prevent Fund.

(2) The moneys received for the Children's Trust Fund and the One Percent to Prevent Fund are separate and shall be used only for the purposes provided in this chapter.

(b) (1) Regarding the Children's Trust Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the Children's Trust Fund subject to the expenditure limitations prescribed by this chapter for the Children's Trust Fund. (2) All money except money from the United States Government received in the manner described in this section shall be transmitted to the Treasurer of State for deposit into the Children's Trust Fund.

(1) Regarding the Children's Trust Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the Children's Trust Fund subject to the expenditure limitations prescribed by this chapter for the Children's Trust Fund.

(2) All money except money from the United States Government received in the manner described in this section shall be transmitted to the Treasurer of State for deposit into the Children's Trust Fund.

(c) Regarding the One Percent to Prevent Fund, the department shall not accept money or other assistance from the United States Government or any other entity or person if the acceptance would obligate the State of Arkansas, except to the extent money is available in the One Percent to Prevent Fund.

Amended by Act 2017, No. 897,§ 8, eff. 7/1/2017

Acts 1987, No. 397, § 8; 1989, No. 353, § 1; 2003, No. 1224, § 2
Ark. Code Ann. § 9-14-512 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-512
Objection of employer
Status: in_force

(a) Upon receipt of an objection from a payor under an order of income withholding for healthcare coverage, the court or its representative shall expeditiously determine whether the payor shall be relieved under the order and shall so inform the payor within ten (10) days of receipt of the objection by a notice of its determination sent to the payor by regular mail. (b) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, § 9-14-516 shall apply. Acts 1991, No. 368, § 12; 2003, No. 1020, § 15

(a) Upon receipt of an objection from a payor under an order of income withholding for healthcare coverage, the court or its representative shall expeditiously determine whether the payor shall be relieved under the order and shall so inform the payor within ten (10) days of receipt of the objection by a notice of its determination sent to the payor by regular mail.

(b) In cases being enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., by the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, § 9-14-516 shall apply.

Acts 1991, No. 368, § 12; 2003, No. 1020, § 15