Ark. Code Ann. § 9-26-226 — AR Code / Title 9 / Chapter 26 / Subchapter 2 / Section 9-26-226
Effective date
Status: in_force

It has been found that Acts 1967, No. 250 limits the kinds of properties that may be transferred to the custodian of a minor and there is a need to expand the kinds of properties that may be the subject of a gift to a minor's custodian. Therefore, an emergency is hereby declared to exist and this subchapter, being immediately necessary for the preservation of the free flow of commerce, shall be in full force and effect from and after March 21, 1985. Acts 1985, No. 476, § 26; A.S.A. 1947, § 50-933n

It has been found that Acts 1967, No. 250 limits the kinds of properties that may be transferred to the custodian of a minor and there is a need to expand the kinds of properties that may be the subject of a gift to a minor's custodian. Therefore, an emergency is hereby declared to exist and this subchapter, being immediately necessary for the preservation of the free flow of commerce, shall be in full force and effect from and after March 21, 1985.

Acts 1985, No. 476, § 26; A.S.A. 1947, § 50-933n
Ark. Code Ann. § 9-11-217 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-217
Failure to sign and return license at time of marriage - Penalty
Status: in_force

(a) Any person who fails to officially sign and return any license to the parties at the time of the marriage shall be adjudged 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). (b) The fine imposed by subsection (a) of this section shall be paid when collected into the general fund of the county in which the offense was committed. Acts 1875, No. 127, § 8 (last part), p. 260; C. & M. Dig., § 7066; Pope's Dig., § 9048; A.S.A. 1947, § 55-217; Acts 1999, No. 1540, § 4

(a) Any person who fails to officially sign and return any license to the parties at the time of the marriage shall be adjudged 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).

(b) The fine imposed by subsection (a) of this section shall be paid when collected into the general fund of the county in which the offense was committed.

Acts 1875, No. 127, § 8 (last part), p. 260; C. & M. Dig., § 7066; Pope's Dig., § 9048; A.S.A. 1947, § 55-217; Acts 1999, No. 1540, § 4
Ark. Code Ann. § 9-14-241 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-241
Referrals for criminal prosecution
Status: in_force

(a) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall refer to the prosecuting attorney of the appropriate judicial district for prosecution under § 5-26-401 and any other applicable criminal statute, all cases in which: (1) The office has had enforcement responsibility for at least twelve (12) consecutive months; (2) More than ten thousand dollars ($10,000) in child support is owed and remains unpaid; and (3) Regular child support payments are not being received. (b) A referral under subsection (a) of this section shall contain the following information: (1) An affidavit signed by the custodian of the child receiving court-ordered child support payments stating: (A) Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments; (B) Any known income sources of the person obligated to make the child support payments; and (C) A request that the criminal offense of nonsupport be prosecuted; (2) An affidavit from the office detailing the: (A) Date the child support arrearage began to accrue; (B) Name of each recipient and the amount of unpaid child support owed to each recipient; and (C) Last known address of the person obligated to make the child support payments; (3) A certified copy of the court order and any modifications of the court order mandating payment of child support; (4) A certified copy of the payment history of the person obligated to make the child support payments; and (5) A list of possible witnesses and known contact information. (c) Within thirty (30) days of receiving a referral under this section, the prosecuting attorney will send the office a: (1) Copy of the criminal information or arrest warrant if a decision to file charges has been made; or (2) Notice of any deficiencies in the referral. (d) Nothing in this section limits the ability of the office with respect to a case over which it has enforcement responsibility to: (1) Refer the case for criminal prosecution if the elements of the crime of nonsupport under § 5-26-401 appear to be present; or (2) Continue to pursue all available civil remedies in connection with the case. Acts 2007, No. 714, § 1

(a) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall refer to the prosecuting attorney of the appropriate judicial district for prosecution under § 5-26-401 and any other applicable criminal statute, all cases in which: (1) The office has had enforcement responsibility for at least twelve (12) consecutive months; (2) More than ten thousand dollars ($10,000) in child support is owed and remains unpaid; and (3) Regular child support payments are not being received.

(1) The office has had enforcement responsibility for at least twelve (12) consecutive months;

(2) More than ten thousand dollars ($10,000) in child support is owed and remains unpaid; and

(3) Regular child support payments are not being received.

(b) A referral under subsection (a) of this section shall contain the following information: (1) An affidavit signed by the custodian of the child receiving court-ordered child support payments stating: (A) Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments; (B) Any known income sources of the person obligated to make the child support payments; and (C) A request that the criminal offense of nonsupport be prosecuted; (2) An affidavit from the office detailing the: (A) Date the child support arrearage began to accrue; (B) Name of each recipient and the amount of unpaid child support owed to each recipient; and (C) Last known address of the person obligated to make the child support payments; (3) A certified copy of the court order and any modifications of the court order mandating payment of child support; (4) A certified copy of the payment history of the person obligated to make the child support payments; and (5) A list of possible witnesses and known contact information.

(1) An affidavit signed by the custodian of the child receiving court-ordered child support payments stating: (A) Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments; (B) Any known income sources of the person obligated to make the child support payments; and (C) A request that the criminal offense of nonsupport be prosecuted;

(A) Whether or not anything of value has been received from the person obligated to make the child support payments in lieu of child support payments;

(B) Any known income sources of the person obligated to make the child support payments; and

(C) A request that the criminal offense of nonsupport be prosecuted;

(2) An affidavit from the office detailing the: (A) Date the child support arrearage began to accrue; (B) Name of each recipient and the amount of unpaid child support owed to each recipient; and (C) Last known address of the person obligated to make the child support payments;

(A) Date the child support arrearage began to accrue;

(B) Name of each recipient and the amount of unpaid child support owed to each recipient; and

(C) Last known address of the person obligated to make the child support payments;

(3) A certified copy of the court order and any modifications of the court order mandating payment of child support;

(4) A certified copy of the payment history of the person obligated to make the child support payments; and

(5) A list of possible witnesses and known contact information.

(c) Within thirty (30) days of receiving a referral under this section, the prosecuting attorney will send the office a: (1) Copy of the criminal information or arrest warrant if a decision to file charges has been made; or (2) Notice of any deficiencies in the referral.

(1) Copy of the criminal information or arrest warrant if a decision to file charges has been made; or

(2) Notice of any deficiencies in the referral.

(d) Nothing in this section limits the ability of the office with respect to a case over which it has enforcement responsibility to: (1) Refer the case for criminal prosecution if the elements of the crime of nonsupport under § 5-26-401 appear to be present; or (2) Continue to pursue all available civil remedies in connection with the case.

(1) Refer the case for criminal prosecution if the elements of the crime of nonsupport under § 5-26-401 appear to be present; or

(2) Continue to pursue all available civil remedies in connection with the case.

Acts 2007, No. 714, § 1
Ark. Code Ann. § 9-28-208 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-208
Order of commitment
Status: in_force

(a) (1) An order of commitment to the Division of Youth Services shall state that the juvenile is found to be delinquent and shall state information regarding the underlying facts of the adjudication. (2) No circuit court may commit a juvenile found solely in criminal contempt to the Division of Youth Services. (3) All healthcare providers shall transmit to the Division of Youth Services all medical and health information on the committed juvenile within three (3) days from the request of the Division of Youth Services, including individually identifiable health information needed for the Division of Youth Services to assume the role of caretaker for the committed juvenile. (4) The committed juvenile's school or current educational setting shall transmit the education record, as defined by rule of the Division of Elementary and Secondary Education, to the Division of Youth Services within ten (10) school days from the request from the Division of Youth Services. (b) (1) Upon entry of an order of detention and commitment to a youth services center pursuant to § 9-27-330 or § 9-27-509 , a court shall transmit to the Division of Youth Services: (A) A copy of the commitment order; (B) A copy of the validated risk assessment instrument; and (C) Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include: (i) Information on the juvenile's background, history, behavioral tendencies, and family status; (ii) The reasons for the juvenile's commitment; (iii) The name of the school in which the juvenile is currently or was last enrolled; (iv) The juvenile's offense history; (v) The juvenile's placement history; (vi) A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff; (vii) A comprehensive list of all current medications taken by the juvenile; and (viii) A comprehensive list of all medical treatment currently being provided to the juvenile. (2) The records or information specified in subdivision (b)(1) of this section shall be delivered to the Division of Youth Services prior to or at the time the juvenile is transported to a youth services center. (3) Information relating to the committing offense is exclusively for the benefit of the Division of Youth Services and shall not be disclosed by Division of Youth Services officials or employees without written authorization of the committing court, except for data and statistical compilations as otherwise provided by law. (c) Except when an extended juvenile jurisdiction offender is committed to the Division of Youth Services, an order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years, subject to extension by the committing court for additional periods of one (1) year if the court finds an extension is necessary to safeguard the welfare of the juvenile or the interest of the public. (d) Commitment shall not exceed the twenty-first birthday of a juvenile. (e) When an order of commitment includes recommendations for a specific type of placement, the Division of Youth Services shall consider those recommendations in making a placement. Amended by Act 2019, No. 189,§ 11, eff. 7/1/2020. Amended by Act 2019, No. 910,§ 2202, eff. 7/1/2019. Acts 1995, No. 1261, § 8; 1999, No. 1192, § 22; 2005, No. 192, § 2; 2005, No. 1820, § 1

(a) (1) An order of commitment to the Division of Youth Services shall state that the juvenile is found to be delinquent and shall state information regarding the underlying facts of the adjudication. (2) No circuit court may commit a juvenile found solely in criminal contempt to the Division of Youth Services. (3) All healthcare providers shall transmit to the Division of Youth Services all medical and health information on the committed juvenile within three (3) days from the request of the Division of Youth Services, including individually identifiable health information needed for the Division of Youth Services to assume the role of caretaker for the committed juvenile. (4) The committed juvenile's school or current educational setting shall transmit the education record, as defined by rule of the Division of Elementary and Secondary Education, to the Division of Youth Services within ten (10) school days from the request from the Division of Youth Services.

(1) An order of commitment to the Division of Youth Services shall state that the juvenile is found to be delinquent and shall state information regarding the underlying facts of the adjudication.

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

(3) All healthcare providers shall transmit to the Division of Youth Services all medical and health information on the committed juvenile within three (3) days from the request of the Division of Youth Services, including individually identifiable health information needed for the Division of Youth Services to assume the role of caretaker for the committed juvenile.

(4) The committed juvenile's school or current educational setting shall transmit the education record, as defined by rule of the Division of Elementary and Secondary Education, to the Division of Youth Services within ten (10) school days from the request from the Division of Youth Services.

(b) (1) Upon entry of an order of detention and commitment to a youth services center pursuant to § 9-27-330 or § 9-27-509 , a court shall transmit to the Division of Youth Services: (A) A copy of the commitment order; (B) A copy of the validated risk assessment instrument; and (C) Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include: (i) Information on the juvenile's background, history, behavioral tendencies, and family status; (ii) The reasons for the juvenile's commitment; (iii) The name of the school in which the juvenile is currently or was last enrolled; (iv) The juvenile's offense history; (v) The juvenile's placement history; (vi) A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff; (vii) A comprehensive list of all current medications taken by the juvenile; and (viii) A comprehensive list of all medical treatment currently being provided to the juvenile. (2) The records or information specified in subdivision (b)(1) of this section shall be delivered to the Division of Youth Services prior to or at the time the juvenile is transported to a youth services center. (3) Information relating to the committing offense is exclusively for the benefit of the Division of Youth Services and shall not be disclosed by Division of Youth Services officials or employees without written authorization of the committing court, except for data and statistical compilations as otherwise provided by law.

(1) Upon entry of an order of detention and commitment to a youth services center pursuant to § 9-27-330 or § 9-27-509 , a court shall transmit to the Division of Youth Services: (A) A copy of the commitment order; (B) A copy of the validated risk assessment instrument; and (C) Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include: (i) Information on the juvenile's background, history, behavioral tendencies, and family status; (ii) The reasons for the juvenile's commitment; (iii) The name of the school in which the juvenile is currently or was last enrolled; (iv) The juvenile's offense history; (v) The juvenile's placement history; (vi) A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff; (vii) A comprehensive list of all current medications taken by the juvenile; and (viii) A comprehensive list of all medical treatment currently being provided to the juvenile.

(A) A copy of the commitment order;

(B) A copy of the validated risk assessment instrument; and

(C) Records or information pertaining to the juvenile compiled by the intake officer or juvenile probation officer that shall include: (i) Information on the juvenile's background, history, behavioral tendencies, and family status; (ii) The reasons for the juvenile's commitment; (iii) The name of the school in which the juvenile is currently or was last enrolled; (iv) The juvenile's offense history; (v) The juvenile's placement history; (vi) A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff; (vii) A comprehensive list of all current medications taken by the juvenile; and (viii) A comprehensive list of all medical treatment currently being provided to the juvenile.

(i) Information on the juvenile's background, history, behavioral tendencies, and family status;

(ii) The reasons for the juvenile's commitment;

(iii) The name of the school in which the juvenile is currently or was last enrolled;

(iv) The juvenile's offense history;

(v) The juvenile's placement history;

(vi) A copy of all psychological or psychiatric evaluations or examinations performed on the juvenile admitted into evidence or ordered by the court while under the jurisdiction of the court or the supervision of the court staff;

(vii) A comprehensive list of all current medications taken by the juvenile; and

(viii) A comprehensive list of all medical treatment currently being provided to the juvenile.

(2) The records or information specified in subdivision (b)(1) of this section shall be delivered to the Division of Youth Services prior to or at the time the juvenile is transported to a youth services center.

(3) Information relating to the committing offense is exclusively for the benefit of the Division of Youth Services and shall not be disclosed by Division of Youth Services officials or employees without written authorization of the committing court, except for data and statistical compilations as otherwise provided by law.

(c) Except when an extended juvenile jurisdiction offender is committed to the Division of Youth Services, an order of commitment shall remain in effect for an indeterminate period not exceeding two (2) years, subject to extension by the committing court for additional periods of one (1) year if the court finds an extension is necessary to safeguard the welfare of the juvenile or the interest of the public.

(d) Commitment shall not exceed the twenty-first birthday of a juvenile.

(e) When an order of commitment includes recommendations for a specific type of placement, the Division of Youth Services shall consider those recommendations in making a placement.

Amended by Act 2019, No. 189,§ 11, eff. 7/1/2020.

Amended by Act 2019, No. 910,§ 2202, eff. 7/1/2019.

Acts 1995, No. 1261, § 8; 1999, No. 1192, § 22; 2005, No. 192, § 2; 2005, No. 1820, § 1
Ark. Code Ann. § 9-9-408 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-408
Subsidy agreement required - Commencement of subsidy
Status: in_force

(a) When parents are found and approved for adoption of a child certified as eligible for a subsidy and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services. (b) (1) Adoption subsidies, the amount of which in individual cases shall be determined through agreement between the adoptive parents and the department but shall be no more than the current foster care board rate, may commence with the adoption placement or at the appropriate time after the adoption decree and may vary with the circumstances of the adopting parents and the needs of the child as well as the availability of other resources to meet the child's needs. (2) (A) In the case of the special needs child whose eligibility is based on a high risk for development of a serious physical, mental, developmental, or emotional condition, the adoption subsidy agreement shall not provide for an adoption subsidy until the child actually develops the condition. (B) A subsidy payment shall not be made until adequate documentation is submitted by the adoptive parents to the department showing that the child has now developed the condition. (C) Upon acceptance by the department that the child has developed the condition, the adoption subsidy shall be retroactive to the date the adoptive parents submitted adequate documentation that the child developed the condition. (c) (1) When a child is determined to have a causative preexisting condition which was not identified or known prior to the final decree of adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization, an adoption subsidy may be approved. (2) Upon the approval of the subsidy, the adoptive parents shall also be entitled to receive retroactive subsidy payments for the two (2) months prior to the date such subsidy was approved. (3) This subsection will apply only to adoptive placements made on or after April 28, 1979. Acts 1979, No. 1109, § 5; 1985, No. 482, § 1; A.S.A. 1947, § 56-134; Acts 1993, No. 800, § 1; 2005, No. 437, § 9[10]; 2011, No. 607, § 7

(a) When parents are found and approved for adoption of a child certified as eligible for a subsidy and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services.

(b) (1) Adoption subsidies, the amount of which in individual cases shall be determined through agreement between the adoptive parents and the department but shall be no more than the current foster care board rate, may commence with the adoption placement or at the appropriate time after the adoption decree and may vary with the circumstances of the adopting parents and the needs of the child as well as the availability of other resources to meet the child's needs. (2) (A) In the case of the special needs child whose eligibility is based on a high risk for development of a serious physical, mental, developmental, or emotional condition, the adoption subsidy agreement shall not provide for an adoption subsidy until the child actually develops the condition. (B) A subsidy payment shall not be made until adequate documentation is submitted by the adoptive parents to the department showing that the child has now developed the condition. (C) Upon acceptance by the department that the child has developed the condition, the adoption subsidy shall be retroactive to the date the adoptive parents submitted adequate documentation that the child developed the condition.

(1) Adoption subsidies, the amount of which in individual cases shall be determined through agreement between the adoptive parents and the department but shall be no more than the current foster care board rate, may commence with the adoption placement or at the appropriate time after the adoption decree and may vary with the circumstances of the adopting parents and the needs of the child as well as the availability of other resources to meet the child's needs.

(2) (A) In the case of the special needs child whose eligibility is based on a high risk for development of a serious physical, mental, developmental, or emotional condition, the adoption subsidy agreement shall not provide for an adoption subsidy until the child actually develops the condition. (B) A subsidy payment shall not be made until adequate documentation is submitted by the adoptive parents to the department showing that the child has now developed the condition. (C) Upon acceptance by the department that the child has developed the condition, the adoption subsidy shall be retroactive to the date the adoptive parents submitted adequate documentation that the child developed the condition.

(A) In the case of the special needs child whose eligibility is based on a high risk for development of a serious physical, mental, developmental, or emotional condition, the adoption subsidy agreement shall not provide for an adoption subsidy until the child actually develops the condition.

(B) A subsidy payment shall not be made until adequate documentation is submitted by the adoptive parents to the department showing that the child has now developed the condition.

(C) Upon acceptance by the department that the child has developed the condition, the adoption subsidy shall be retroactive to the date the adoptive parents submitted adequate documentation that the child developed the condition.

(c) (1) When a child is determined to have a causative preexisting condition which was not identified or known prior to the final decree of adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization, an adoption subsidy may be approved. (2) Upon the approval of the subsidy, the adoptive parents shall also be entitled to receive retroactive subsidy payments for the two (2) months prior to the date such subsidy was approved. (3) This subsection will apply only to adoptive placements made on or after April 28, 1979.

(1) When a child is determined to have a causative preexisting condition which was not identified or known prior to the final decree of adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, or institutionalization, an adoption subsidy may be approved.

(2) Upon the approval of the subsidy, the adoptive parents shall also be entitled to receive retroactive subsidy payments for the two (2) months prior to the date such subsidy was approved.

(3) This subsection will apply only to adoptive placements made on or after April 28, 1979.

Acts 1979, No. 1109, § 5; 1985, No. 482, § 1; A.S.A. 1947, § 56-134; Acts 1993, No. 800, § 1; 2005, No. 437, § 9[10]; 2011, No. 607, § 7
Ark. Code Ann. § 9-29-204 — AR Code / Title 9 / Chapter 29 / Subchapter 2 / Section 9-29-204
Secretary of the Department of Human Services to determine when to discharge child
Status: in_force

As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to this state means the Secretary of the Department of Human Services. Amended by Act 2019, No. 910,§ 5145, eff. 7/1/2019. Acts 1979, No. 677, § 4; A.S.A. 1947, § 83-1204

As used in paragraph (a) of Article V of the Interstate Compact on the Placement of Children, the phrase "appropriate authority in the receiving state" with reference to this state means the Secretary of the Department of Human Services.

Amended by Act 2019, No. 910,§ 5145, eff. 7/1/2019.

Acts 1979, No. 677, § 4; A.S.A. 1947, § 83-1204
Ark. Code Ann. § 9-28-702 — AR Code / Title 9 / Chapter 28 / Subchapter 7 / Section 9-28-702
Sanctions - Use and availability
Status: in_force

(a) The Division of Youth Services shall ensure that each judicial district has a continuum of sanctions available through its contracts with community-based providers. The sanctions may include, but are not limited to, the following: (1) House arrest as enforced by electronic monitoring or intensive supervision; (2) Restitution; (3) Community service; (4) Short-term detention in either a staffed or physically secure facility provided by the community-based provider or other licensed subcontractor; and (5) Mandatory parental participation in either therapeutic or sanction programs enforced, if necessary, by contempt sanctions. (b) The Director of the Division of Youth Services shall ensure that criteria are established to ensure the maximum use of resources, in each judicial district, to make this program available to as many juveniles as possible. To the extent resources are available, a community-based sanction may be used for the following juvenile offenders and circumstances: (1) Offenses not involving violence; (2) Failure to comply with the terms of the aftercare plan; (3) Contempt of court for failure to comply with any valid court order; and (4) Revocation of probation. (c) Nothing in this section requires the division to provide all the sanctions listed in this section, but simply to ensure that each judicial district has in place a continuum of graduated community-based sanctions and that those sanctions are available for as many juvenile offenders as possible. (d) The division shall add to the community-based provider contracts without further request for proposals, any and all funds specifically appropriated to implement this subchapter and shall ensure that those funds are spent exclusively to implement and support community-based sanction programs. Acts 1997, No. 710, § 2

(a) The Division of Youth Services shall ensure that each judicial district has a continuum of sanctions available through its contracts with community-based providers. The sanctions may include, but are not limited to, the following: (1) House arrest as enforced by electronic monitoring or intensive supervision; (2) Restitution; (3) Community service; (4) Short-term detention in either a staffed or physically secure facility provided by the community-based provider or other licensed subcontractor; and (5) Mandatory parental participation in either therapeutic or sanction programs enforced, if necessary, by contempt sanctions.

(1) House arrest as enforced by electronic monitoring or intensive supervision;

(2) Restitution;

(3) Community service;

(4) Short-term detention in either a staffed or physically secure facility provided by the community-based provider or other licensed subcontractor; and

(5) Mandatory parental participation in either therapeutic or sanction programs enforced, if necessary, by contempt sanctions.

(b) The Director of the Division of Youth Services shall ensure that criteria are established to ensure the maximum use of resources, in each judicial district, to make this program available to as many juveniles as possible. To the extent resources are available, a community-based sanction may be used for the following juvenile offenders and circumstances: (1) Offenses not involving violence; (2) Failure to comply with the terms of the aftercare plan; (3) Contempt of court for failure to comply with any valid court order; and (4) Revocation of probation.

(1) Offenses not involving violence;

(2) Failure to comply with the terms of the aftercare plan;

(3) Contempt of court for failure to comply with any valid court order; and

(4) Revocation of probation.

(c) Nothing in this section requires the division to provide all the sanctions listed in this section, but simply to ensure that each judicial district has in place a continuum of graduated community-based sanctions and that those sanctions are available for as many juvenile offenders as possible.

(d) The division shall add to the community-based provider contracts without further request for proposals, any and all funds specifically appropriated to implement this subchapter and shall ensure that those funds are spent exclusively to implement and support community-based sanction programs.

Acts 1997, No. 710, § 2
Ark. Code Ann. § 9-14-506 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-506
Effective date of income withholding order - Applicability
Status: in_force

(a) (1) An order of income withholding for healthcare coverage shall take effect immediately upon completion of enrollment requirements or, 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, as required in § 9-14-516 . (2) Enrollment requirements shall be completed at the earliest enrollment period or, in cases being enforced under Title IV-D, 42 U.S.C. § 651 et seq., by the office, as required in § 9-14-516 . (3) Enrollment information shall be provided by the custodial parent, noncustodial parent, or the office as available. (b) Income withholding for healthcare coverage shall apply to current and subsequent periods of employment once activated. Acts 1991, No. 368, §§ 4, 7; 2003, No. 1020, § 10

(a) (1) An order of income withholding for healthcare coverage shall take effect immediately upon completion of enrollment requirements or, 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, as required in § 9-14-516 . (2) Enrollment requirements shall be completed at the earliest enrollment period or, in cases being enforced under Title IV-D, 42 U.S.C. § 651 et seq., by the office, as required in § 9-14-516 . (3) Enrollment information shall be provided by the custodial parent, noncustodial parent, or the office as available.

(1) An order of income withholding for healthcare coverage shall take effect immediately upon completion of enrollment requirements or, 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, as required in § 9-14-516 .

(2) Enrollment requirements shall be completed at the earliest enrollment period or, in cases being enforced under Title IV-D, 42 U.S.C. § 651 et seq., by the office, as required in § 9-14-516 .

(3) Enrollment information shall be provided by the custodial parent, noncustodial parent, or the office as available.

(b) Income withholding for healthcare coverage shall apply to current and subsequent periods of employment once activated.

Acts 1991, No. 368, §§ 4, 7; 2003, No. 1020, § 10
Ark. Code Ann. § 9-31-405 — AR Code / Title 9 / Chapter 31 / Subchapter 4 / Section 9-31-405
Program goals
Status: in_force

The Arkansas Youth Mediation Program's goals are to: (1) Reduce economic, psychological, and social costs to individuals and public and private institutions arising from disputes involving youth; (2) Reduce court dockets and delays; (3) Increase the ability of youth to resolve conflicts cooperatively, productively, and nonviolently; (4) Reduce antisocial behavior by children, parents, and other relatives; (5) Increase the ability of elementary and secondary schools to concentrate their efforts on education by decreasing distractions due to conflicts in school; (6) Encourage youth offenders to understand the consequences of their actions and take responsibility for those actions by providing suitable restitution to victims of their offense or other rehabilitative dispositions, or both; (7) Provide victims of juvenile crime an opportunity to constructively confront offenders to explain the impact of the offense and develop suitable restitution plans or other rehabilitative dispositions; (8) Expedite the safe and permanent placement of children removed from their homes due to allegations or findings of being dependent-neglected by improving the operation of the Department of Human Services in developing and implementing appropriate case plans in cooperation with affected family members and other interested individuals and agencies; (9) Train lawyers and law students in techniques for satisfying a client's interests through negotiation and mediation and reducing unnecessary adversarial behavior and expense in litigation throughout Arkansas; and (10) Assist public and private institutions in Arkansas to incorporate mediation programs into their institutions by providing training and technical assistance. Acts 1999, No. 628, § 5

The Arkansas Youth Mediation Program's goals are to:

(1) Reduce economic, psychological, and social costs to individuals and public and private institutions arising from disputes involving youth;

(2) Reduce court dockets and delays;

(3) Increase the ability of youth to resolve conflicts cooperatively, productively, and nonviolently;

(4) Reduce antisocial behavior by children, parents, and other relatives;

(5) Increase the ability of elementary and secondary schools to concentrate their efforts on education by decreasing distractions due to conflicts in school;

(6) Encourage youth offenders to understand the consequences of their actions and take responsibility for those actions by providing suitable restitution to victims of their offense or other rehabilitative dispositions, or both;

(7) Provide victims of juvenile crime an opportunity to constructively confront offenders to explain the impact of the offense and develop suitable restitution plans or other rehabilitative dispositions;

(8) Expedite the safe and permanent placement of children removed from their homes due to allegations or findings of being dependent-neglected by improving the operation of the Department of Human Services in developing and implementing appropriate case plans in cooperation with affected family members and other interested individuals and agencies;

(9) Train lawyers and law students in techniques for satisfying a client's interests through negotiation and mediation and reducing unnecessary adversarial behavior and expense in litigation throughout Arkansas; and

(10) Assist public and private institutions in Arkansas to incorporate mediation programs into their institutions by providing training and technical assistance.

Acts 1999, No. 628, § 5
Ark. Code Ann. § 9-19-109 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-109
Appearance and limited immunity
Status: in_force

(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. (b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. (c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state. Acts 1999, No. 668, § 109

(a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.

(c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.

Acts 1999, No. 668, § 109
Ark. Code Ann. § 9-6-107 — AR Code / Title 9 / Chapter 6 / Section 9-6-107
Fiscal requirements
Status: in_force

A statewide domestic violence entity that receives a grant under this chapter shall distribute funds to a shelter if the shelter: (1) Incorporates in this state as a private nonprofit corporation that is exempt from taxation under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , and that has the primary purpose of providing services to victims of domestic abuse or domestic violence; (2) Is governed by a board of directors; (3) Develops and implements written personnel policies that state the shelter's employment practices; (4) Develops and implements written procedures that conform with the uniform system of recordkeeping developed by the Department of Finance and Administration or its designee to ensure proper handling of funds; and (5) Provides the department or its designee with statistical data that states the following: (A) The type of services provided by the shelter; and (B) The number of victims and children served each year. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

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

(1) Incorporates in this state as a private nonprofit corporation that is exempt from taxation under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , and that has the primary purpose of providing services to victims of domestic abuse or domestic violence;

(2) Is governed by a board of directors;

(3) Develops and implements written personnel policies that state the shelter's employment practices;

(4) Develops and implements written procedures that conform with the uniform system of recordkeeping developed by the Department of Finance and Administration or its designee to ensure proper handling of funds; and

(5) Provides the department or its designee with statistical data that states the following: (A) The type of services provided by the shelter; and (B) The number of victims and children served each year.

(A) The type of services provided by the shelter; and

(B) The number of victims and children served each year.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-26-302 — AR Code / Title 9 / Chapter 26 / Subchapter 3 / Section 9-26-302
Liability for dealing with minor
Status: in_force

A bank, broker, issuer, third-party, or transfer agent incurs no liability by reason of his or her treating a minor as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer, third-party, or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third-party, or transfer agent had actual knowledge of the minority of the holder of the security. Except as otherwise provided in this subchapter, such a bank, broker, issuer, third-party, or transfer agent may assume without inquiry that the holder of a security is not a minor. Acts 1963, No. 530, § 2; A.S.A. 1947, § 50-923

A bank, broker, issuer, third-party, or transfer agent incurs no liability by reason of his or her treating a minor as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer, third-party, or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third-party, or transfer agent had actual knowledge of the minority of the holder of the security. Except as otherwise provided in this subchapter, such a bank, broker, issuer, third-party, or transfer agent may assume without inquiry that the holder of a security is not a minor.

Acts 1963, No. 530, § 2; A.S.A. 1947, § 50-923
Ark. Code Ann. § 9-11-201 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-201
Licenses required
Status: in_force

(a) All persons hereafter contracting marriage in this state are required to first obtain a license from the clerk of the county court of some county in this state. (b) On and after July 1, 1997, the county clerk shall record the Social Security numbers of the persons obtaining a marriage license on the marriage license application or the coupon for the marriage license. If an applicant does not possess a Social Security number, the clerk shall note this representation on the marriage license application or the coupon for the marriage license. (c) (1) The county clerk shall transmit Social Security numbers of marriage license applicants to the Division of Vital Records. The clerk is not required to otherwise maintain or report the Social Security numbers of marriage license applicants. Compliance with the Social Security number reporting requirements of this section by the clerk of the county court shall be deemed to satisfy licensing entity reporting requirements under this section relative to marriage licenses. (2) The Division of Vital Records shall allow the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration access to such Social Security information and on an automated basis to the maximum extent feasible. Acts 1875, No. 127, § 1, p. 260; C. & M. Dig., § 7057; Pope's Dig., § 9039; A.S.A. 1947, § 55-201; Acts 1997, No. 1163, § 2; 1997, No. 1296, § 41

(a) All persons hereafter contracting marriage in this state are required to first obtain a license from the clerk of the county court of some county in this state.

(b) On and after July 1, 1997, the county clerk shall record the Social Security numbers of the persons obtaining a marriage license on the marriage license application or the coupon for the marriage license. If an applicant does not possess a Social Security number, the clerk shall note this representation on the marriage license application or the coupon for the marriage license.

(c) (1) The county clerk shall transmit Social Security numbers of marriage license applicants to the Division of Vital Records. The clerk is not required to otherwise maintain or report the Social Security numbers of marriage license applicants. Compliance with the Social Security number reporting requirements of this section by the clerk of the county court shall be deemed to satisfy licensing entity reporting requirements under this section relative to marriage licenses. (2) The Division of Vital Records shall allow the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration access to such Social Security information and on an automated basis to the maximum extent feasible.

(1) The county clerk shall transmit Social Security numbers of marriage license applicants to the Division of Vital Records. The clerk is not required to otherwise maintain or report the Social Security numbers of marriage license applicants. Compliance with the Social Security number reporting requirements of this section by the clerk of the county court shall be deemed to satisfy licensing entity reporting requirements under this section relative to marriage licenses.

(2) The Division of Vital Records shall allow the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration access to such Social Security information and on an automated basis to the maximum extent feasible.

Acts 1875, No. 127, § 1, p. 260; C. & M. Dig., § 7057; Pope's Dig., § 9039; A.S.A. 1947, § 55-201; Acts 1997, No. 1163, § 2; 1997, No. 1296, § 41
Ark. Code Ann. § 9-19-308 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-308
Expedited enforcement of child-custody determination
Status: in_force

(a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. (b) A petition for enforcement of a child-custody determination must state: (1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding; (3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (4) the present physical address of the child and the respondent, if known; (5) whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) if the child-custody determination has been registered and confirmed under § 9-19-305 , the date and place of registration. (c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner. (d) An order issued under subsection (c) of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 9-19-312 , and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (1) the child-custody determination has not been registered and confirmed under § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under § 9-19-304 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter. Acts 1999, No. 668, § 308

(a) A petition under this subchapter must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original.

(b) A petition for enforcement of a child-custody determination must state: (1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding; (3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; (4) the present physical address of the child and the respondent, if known; (5) whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and (6) if the child-custody determination has been registered and confirmed under § 9-19-305 , the date and place of registration.

(1) whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(2) whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;

(3) whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(4) the present physical address of the child and the respondent, if known;

(5) whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(6) if the child-custody determination has been registered and confirmed under § 9-19-305 , the date and place of registration.

(c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the order unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The court may extend the date of hearing at the request of the petitioner.

(d) An order issued under subsection (c) of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs, and expenses under § 9-19-312 , and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: (1) the child-custody determination has not been registered and confirmed under § 9-19-305 and that: (A) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (B) the child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; (C) the respondent was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which enforcement is sought; or (2) the child-custody determination for which enforcement is sought was registered and confirmed under § 9-19-304 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.

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

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

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

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

(2) the child-custody determination for which enforcement is sought was registered and confirmed under § 9-19-304 , but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under subchapter 2 of this chapter.

Acts 1999, No. 668, § 308
Ark. Code Ann. § 9-12-319 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-319
Nonresident defendants - Warning orders - Entry of decree
Status: in_force

In all divorce actions pending or filed in any of the circuit courts of this state where a warning order has been published against the defendant, who is a nonresident of this state, for the time and in the manner fixed by law and proof of publication has been filed with the clerk of the circuit court, and where the report or response of the attorney ad litem appointed for the nonresident has been filed with the clerk of the court, and no answer or other defense has been filed in the circuit court by the nonresident defendant, the judge of the circuit court upon submission of the cause to him or her in his or her chambers, or at any other place in his or her district by the attorney for the plaintiff, shall hear and enter a decree in the cause that shall have the same binding force and effect, both in law and equity, as if entered in term time in the county where the decree is filed. Acts 1959, No. 39, § 1; A.S.A. 1947, § 34-1219

In all divorce actions pending or filed in any of the circuit courts of this state where a warning order has been published against the defendant, who is a nonresident of this state, for the time and in the manner fixed by law and proof of publication has been filed with the clerk of the circuit court, and where the report or response of the attorney ad litem appointed for the nonresident has been filed with the clerk of the court, and no answer or other defense has been filed in the circuit court by the nonresident defendant, the judge of the circuit court upon submission of the cause to him or her in his or her chambers, or at any other place in his or her district by the attorney for the plaintiff, shall hear and enter a decree in the cause that shall have the same binding force and effect, both in law and equity, as if entered in term time in the county where the decree is filed.

Acts 1959, No. 39, § 1; A.S.A. 1947, § 34-1219
Ark. Code Ann. § 9-28-1103 — AR Code / Title 9 / Chapter 28 / Subchapter 11 / Section 9-28-1103
[Repealed]
Status: repealed

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019. Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013

Repealed by Act 2019, No. 938,§ 1, eff. 7/24/2019.

Added by Act 2013, No. 1513,§ 1, eff. 8/16/2013
Ark. Code Ann. § 9-27-339 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-339
Probation - Revocation
Status: in_force

(a) (1) After an adjudication of delinquency, the court may place a juvenile on probation. The conditions of probation shall be given to the juvenile in writing and shall be explained to him or her and to his or her parent, guardian, or custodian by the probation officer in the initial conference following the disposition hearing. (2) The court shall notify the Division of Youth Services in its commitment order of the order of probation including the juvenile's compliance with the division's aftercare plan, if provided in the treatment plan. (b) Any violation of a condition of probation may be reported to the prosecuting attorney, who may initiate a petition in the court for revocation of probation. A petition for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation. (c) The petition alleging violation of a condition of probation and seeking revocation of probation shall be served upon the juvenile, his or her attorney, and his or her parent, guardian, or custodian. (d) A revocation hearing shall be set within a reasonable time after the filing of the petition, or within fourteen (14) days if the juvenile has been detained as a result of the filing of the petition for revocation. (e) If the court finds by a preponderance of the evidence that the juvenile violated the terms and conditions of probation, the court may: (1) Extend probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed under § 9-27-330 . (f) (1) Nonpayment of restitution, fines, or court costs may constitute a violation of probation, unless the juvenile shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or was not due to a failure on his or her part to make a good faith effort to obtain the funds required for payment. (2) In determining whether to revoke probation, the court shall consider the juvenile's employment status, earning ability, financial resources, the willfulness of the juvenile's failure to pay, and any other special circumstances that may have a bearing on the juvenile's ability to pay. (3) If the court determines that the default in payment of a fine, costs, or restitution is excusable under subdivision (f)(1) of this section, the court may enter an order allowing the juvenile additional time for payment, reducing the amount of each installment, or revoking the fine, costs, or restitution or unpaid portion thereof in whole or in part. Acts 1989, No. 273, § 38; 1994 (2nd Ex. Sess.), No. 69, § 2; 1994 (2nd Ex. Sess.), No. 70, § 2; 2009, No. 956, §§ 18, 19

(a) (1) After an adjudication of delinquency, the court may place a juvenile on probation. The conditions of probation shall be given to the juvenile in writing and shall be explained to him or her and to his or her parent, guardian, or custodian by the probation officer in the initial conference following the disposition hearing. (2) The court shall notify the Division of Youth Services in its commitment order of the order of probation including the juvenile's compliance with the division's aftercare plan, if provided in the treatment plan.

(1) After an adjudication of delinquency, the court may place a juvenile on probation. The conditions of probation shall be given to the juvenile in writing and shall be explained to him or her and to his or her parent, guardian, or custodian by the probation officer in the initial conference following the disposition hearing.

(2) The court shall notify the Division of Youth Services in its commitment order of the order of probation including the juvenile's compliance with the division's aftercare plan, if provided in the treatment plan.

(b) Any violation of a condition of probation may be reported to the prosecuting attorney, who may initiate a petition in the court for revocation of probation. A petition for revocation of probation shall contain specific factual allegations constituting each violation of a condition of probation.

(c) The petition alleging violation of a condition of probation and seeking revocation of probation shall be served upon the juvenile, his or her attorney, and his or her parent, guardian, or custodian.

(d) A revocation hearing shall be set within a reasonable time after the filing of the petition, or within fourteen (14) days if the juvenile has been detained as a result of the filing of the petition for revocation.

(e) If the court finds by a preponderance of the evidence that the juvenile violated the terms and conditions of probation, the court may: (1) Extend probation; (2) Impose additional conditions of probation; or (3) Make any disposition that could have been made at the time probation was imposed under § 9-27-330 .

(1) Extend probation;

(2) Impose additional conditions of probation; or

(3) Make any disposition that could have been made at the time probation was imposed under § 9-27-330 .

(f) (1) Nonpayment of restitution, fines, or court costs may constitute a violation of probation, unless the juvenile shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or was not due to a failure on his or her part to make a good faith effort to obtain the funds required for payment. (2) In determining whether to revoke probation, the court shall consider the juvenile's employment status, earning ability, financial resources, the willfulness of the juvenile's failure to pay, and any other special circumstances that may have a bearing on the juvenile's ability to pay. (3) If the court determines that the default in payment of a fine, costs, or restitution is excusable under subdivision (f)(1) of this section, the court may enter an order allowing the juvenile additional time for payment, reducing the amount of each installment, or revoking the fine, costs, or restitution or unpaid portion thereof in whole or in part.

(1) Nonpayment of restitution, fines, or court costs may constitute a violation of probation, unless the juvenile shows that his or her default was not attributable to a purposeful refusal to obey the sentence of the court or was not due to a failure on his or her part to make a good faith effort to obtain the funds required for payment.

(2) In determining whether to revoke probation, the court shall consider the juvenile's employment status, earning ability, financial resources, the willfulness of the juvenile's failure to pay, and any other special circumstances that may have a bearing on the juvenile's ability to pay.

(3) If the court determines that the default in payment of a fine, costs, or restitution is excusable under subdivision (f)(1) of this section, the court may enter an order allowing the juvenile additional time for payment, reducing the amount of each installment, or revoking the fine, costs, or restitution or unpaid portion thereof in whole or in part.

Acts 1989, No. 273, § 38; 1994 (2nd Ex. Sess.), No. 69, § 2; 1994 (2nd Ex. Sess.), No. 70, § 2; 2009, No. 956, §§ 18, 19
Ark. Code Ann. § 9-34-201 — AR Code / Title 9 / Chapter 34 / Subchapter 2 / Section 9-34-201
Definitions
Status: in_force

For purposes of this subchapter: (1) "Fire department" means any organization that: (A) Is established for the prevention or extinguishment of fires, including without limitation: (i) A fire department organized under a municipal or county ordinance; (ii) An improvement district; (iii) A membership fee-based private fire department; and (iv) A volunteer fire department; and (B) (i) Except as provided in subdivision (1)(B)(ii) of this section, is staffed twenty-four (24) hours per day by a medical services provider. (ii) "Fire department" includes an organization under subdivision (1)(A) of this section that has a dual alarm system that will dispatch the nearest first responder affiliated with the fire department to retrieve a child voluntarily delivered to the fire department under this subchapter in the event that all first responders affiliated with the fire department are dispatched for a separate emergency; (2) "Law enforcement agency" means any police force or organization whose primary responsibility as established by law or ordinance is the enforcement of the criminal, traffic, or highway laws of this state as defined in § 12-9-301 and that is staffed twenty-four (24) hours a day; and (3) "Medical provider" means any medically staffed department of a hospital licensed under § 20-9-214 . Amended by Act 2023, No. 348,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 68,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 185,§ 2, eff. 7/24/2019. Acts 2001, No. 236, § 1

For purposes of this subchapter:

(1) "Fire department" means any organization that: (A) Is established for the prevention or extinguishment of fires, including without limitation: (i) A fire department organized under a municipal or county ordinance; (ii) An improvement district; (iii) A membership fee-based private fire department; and (iv) A volunteer fire department; and (B) (i) Except as provided in subdivision (1)(B)(ii) of this section, is staffed twenty-four (24) hours per day by a medical services provider. (ii) "Fire department" includes an organization under subdivision (1)(A) of this section that has a dual alarm system that will dispatch the nearest first responder affiliated with the fire department to retrieve a child voluntarily delivered to the fire department under this subchapter in the event that all first responders affiliated with the fire department are dispatched for a separate emergency;

(A) Is established for the prevention or extinguishment of fires, including without limitation: (i) A fire department organized under a municipal or county ordinance; (ii) An improvement district; (iii) A membership fee-based private fire department; and (iv) A volunteer fire department; and

(i) A fire department organized under a municipal or county ordinance;

(ii) An improvement district;

(iii) A membership fee-based private fire department; and

(iv) A volunteer fire department; and

(B) (i) Except as provided in subdivision (1)(B)(ii) of this section, is staffed twenty-four (24) hours per day by a medical services provider. (ii) "Fire department" includes an organization under subdivision (1)(A) of this section that has a dual alarm system that will dispatch the nearest first responder affiliated with the fire department to retrieve a child voluntarily delivered to the fire department under this subchapter in the event that all first responders affiliated with the fire department are dispatched for a separate emergency;

(i) Except as provided in subdivision (1)(B)(ii) of this section, is staffed twenty-four (24) hours per day by a medical services provider.

(ii) "Fire department" includes an organization under subdivision (1)(A) of this section that has a dual alarm system that will dispatch the nearest first responder affiliated with the fire department to retrieve a child voluntarily delivered to the fire department under this subchapter in the event that all first responders affiliated with the fire department are dispatched for a separate emergency;

(2) "Law enforcement agency" means any police force or organization whose primary responsibility as established by law or ordinance is the enforcement of the criminal, traffic, or highway laws of this state as defined in § 12-9-301 and that is staffed twenty-four (24) hours a day; and

(3) "Medical provider" means any medically staffed department of a hospital licensed under § 20-9-214 .

Amended by Act 2023, No. 348,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 68,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 185,§ 2, eff. 7/24/2019.

Acts 2001, No. 236, § 1
Ark. Code Ann. § 9-11-502 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-502
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 5, eff. 8/16/2013 Acts 1915, No. 159, § 1; 1919, No. 66, § 1; C. & M. Dig., § 5577; Pope's Dig., § 7227; A.S.A. 1947, § 55-401

Repealed by Act 2013, No. 1152,§ 5, eff. 8/16/2013

Acts 1915, No. 159, § 1; 1919, No. 66, § 1; C. & M. Dig., § 5577; Pope's Dig., § 7227; A.S.A. 1947, § 55-401
Ark. Code Ann. § 9-6-105 — AR Code / Title 9 / Chapter 6 / Section 9-6-105
Determination of grant awards
Status: in_force

(a) The Department of Finance and Administration shall: (1) Establish the criteria for grant applications and awards in accordance with § 9-6-103(b) ; (2) Review and grant or deny all or part of a grant application submitted under this chapter in accordance with § 9-6-103(b) ; and (3) Retain oversight of all grant expenditures under this chapter. (b) A statewide domestic violence entity that is awarded a grant under this chapter shall use the moneys that the statewide domestic violence entity receives to distribute funds to shelters that meet the requirements of this chapter. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

(a) The Department of Finance and Administration shall: (1) Establish the criteria for grant applications and awards in accordance with § 9-6-103(b) ; (2) Review and grant or deny all or part of a grant application submitted under this chapter in accordance with § 9-6-103(b) ; and (3) Retain oversight of all grant expenditures under this chapter.

(1) Establish the criteria for grant applications and awards in accordance with § 9-6-103(b) ;

(2) Review and grant or deny all or part of a grant application submitted under this chapter in accordance with § 9-6-103(b) ; and

(3) Retain oversight of all grant expenditures under this chapter.

(b) A statewide domestic violence entity that is awarded a grant under this chapter shall use the moneys that the statewide domestic violence entity receives to distribute funds to shelters that meet the requirements of this chapter.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-13-302 — AR Code / Title 9 / Chapter 13 / Subchapter 3 / Section 9-13-302
Penalty for noncompliance
Status: in_force

Refusal by any school district or college official or employee having custody or control of student scholastic records to provide such records to any person entitled to receive a copy under the provisions of this subchapter shall be an unclassified misdemeanor punishable by a fine not to exceed five hundred dollars ($500). Acts 1997, No. 345, § 2

Refusal by any school district or college official or employee having custody or control of student scholastic records to provide such records to any person entitled to receive a copy under the provisions of this subchapter shall be an unclassified misdemeanor punishable by a fine not to exceed five hundred dollars ($500).

Acts 1997, No. 345, § 2
Ark. Code Ann. § 9-11-507 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-507
Separate property of one spouse not liable for other spouse's debts
Status: in_force

The property of any male or female, whether real or personal, and whether acquired before or after marriage in that person's own right, shall not be sold to pay the debts of a spouse contracted for or damages incurred by the spouse before marriage. Rev. Stat., ch. 60, § 22; C. & M. Dig., § 5589; Pope's Dig., § 7239; Acts 1981, No. 873, § 4; A.S.A. 1947, § 55-406

The property of any male or female, whether real or personal, and whether acquired before or after marriage in that person's own right, shall not be sold to pay the debts of a spouse contracted for or damages incurred by the spouse before marriage.

Rev. Stat., ch. 60, § 22; C. & M. Dig., § 5589; Pope's Dig., § 7239; Acts 1981, No. 873, § 4; A.S.A. 1947, § 55-406
Ark. Code Ann. § 9-8-202 — AR Code / Title 9 / Chapter 8 / Subchapter 2 / Section 9-8-202
Administration, funding, and limitations
Status: in_force

(a) Contingent upon adequate funding, appropriation, and position authorization, both programmatic and administrative, the Department of Human Services shall establish and administer a program of subsidized guardianship. (b) Guardianship subsidies and services for children under this program shall be provided out of funds appropriated to the department or made available to it from other sources and shall be subject to any restrictions as outlined in the funds appropriated or made available to the department. Acts 2007, No. 621, § 1

(a) Contingent upon adequate funding, appropriation, and position authorization, both programmatic and administrative, the Department of Human Services shall establish and administer a program of subsidized guardianship.

(b) Guardianship subsidies and services for children under this program shall be provided out of funds appropriated to the department or made available to it from other sources and shall be subject to any restrictions as outlined in the funds appropriated or made available to the department.

Acts 2007, No. 621, § 1
Ark. Code Ann. § 9-26-307 — AR Code / Title 9 / Chapter 26 / Subchapter 3 / Section 9-26-307
Repealer
Status: in_force

All laws and parts of laws in conflict with this subchapter are hereby repealed. Acts 1963, No. 530, § 7; A.S.A. 1947, § 50-925n

All laws and parts of laws in conflict with this subchapter are hereby repealed.

Acts 1963, No. 530, § 7; A.S.A. 1947, § 50-925n
Ark. Code Ann. § 9-14-242 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-242
Report of nonsupport payments
Status: in_force

(a) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall provide individual reports to the county circuit clerk concerning money received by the office in payment of arrearages owed by a person convicted of nonsupport under § 5-26-401 . (2) The reports shall be provided each month. (b) Upon receipt of the reports from the office, the county circuit clerk shall deduct the amounts stated on the report from the outstanding balance in the circuit clerk's file of the amount of nonsupport restitution owed by the individual. Acts 2009, No. 1292, § 1

(a) (1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall provide individual reports to the county circuit clerk concerning money received by the office in payment of arrearages owed by a person convicted of nonsupport under § 5-26-401 . (2) The reports shall be provided each month.

(1) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall provide individual reports to the county circuit clerk concerning money received by the office in payment of arrearages owed by a person convicted of nonsupport under § 5-26-401 .

(2) The reports shall be provided each month.

(b) Upon receipt of the reports from the office, the county circuit clerk shall deduct the amounts stated on the report from the outstanding balance in the circuit clerk's file of the amount of nonsupport restitution owed by the individual.

Acts 2009, No. 1292, § 1
Ark. Code Ann. § 9-9-505 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-505
Compilation of health history and genetic and social history
Status: in_force

(a) Prior to placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that may exclude information that would identify birth parents or members of a birth parent's family and that shall be set forth in a document that is separate from any other document. (b) Records containing the health history and genetic and social history and that are set forth on a document that is separate from any other document: (1) (A) Shall be retained by the agency or, when no agency is involved, by the person, entity, or organization handling the adoption, for ninety-nine (99) years. (B) (i) If the agency or person, entity, or organization who handled the adoption ceases to function, that agency or intermediary shall transfer records containing the health history and genetic and social history on the adoptee to the Department of Human Services. (ii) However, a licensed agency ceasing operation may transfer the records to another licensed agency within this state, but only if the agency transferring the records gives notice of the transfer to the department; and (2) Shall be available upon request throughout the time specified in subdivision (b)(1) of this section, together with any additional information that may have been added on health history or on genetic and social history, but which may exclude information identifying any birth parent or member of a birth parent's family or the adoptee or any adoptive parent of the adoptee, to the following persons only: (A) The adoptive parents of the child or, in the event of death of the adoptive parents, the child's guardian; (B) The adoptee; (C) In the event of the death of the adoptee, the adoptee's children, the adoptee's widow or widower, or the guardian of any child of the adoptee; (D) The birth parent of the adoptee; and (E) Any child welfare agency having custody of the adoptee. (c) The actual and reasonable cost of providing the health history and genetic and social history shall be paid by the person requesting the information. (d) Any information provided to an eligible person under this subchapter shall be nonidentifying unless permitted under § 9-9-506 . Amended by Act 2023, No. 639,§ 8, eff. 8/1/2023. Acts 1985, No. 957, § 8; A.S.A. 1947, § 56-145; Acts 1987, No. 1060, § 7; 2003, No. 650, § 7

(a) Prior to placement for adoption, the licensed adoption agency or, when an agency is not involved, the person, entity, or organization handling the adoption shall compile and provide to the prospective adoptive parents a detailed, written health history and genetic and social history of the child that may exclude information that would identify birth parents or members of a birth parent's family and that shall be set forth in a document that is separate from any other document.

(b) Records containing the health history and genetic and social history and that are set forth on a document that is separate from any other document: (1) (A) Shall be retained by the agency or, when no agency is involved, by the person, entity, or organization handling the adoption, for ninety-nine (99) years. (B) (i) If the agency or person, entity, or organization who handled the adoption ceases to function, that agency or intermediary shall transfer records containing the health history and genetic and social history on the adoptee to the Department of Human Services. (ii) However, a licensed agency ceasing operation may transfer the records to another licensed agency within this state, but only if the agency transferring the records gives notice of the transfer to the department; and (2) Shall be available upon request throughout the time specified in subdivision (b)(1) of this section, together with any additional information that may have been added on health history or on genetic and social history, but which may exclude information identifying any birth parent or member of a birth parent's family or the adoptee or any adoptive parent of the adoptee, to the following persons only: (A) The adoptive parents of the child or, in the event of death of the adoptive parents, the child's guardian; (B) The adoptee; (C) In the event of the death of the adoptee, the adoptee's children, the adoptee's widow or widower, or the guardian of any child of the adoptee; (D) The birth parent of the adoptee; and (E) Any child welfare agency having custody of the adoptee.

(1) (A) Shall be retained by the agency or, when no agency is involved, by the person, entity, or organization handling the adoption, for ninety-nine (99) years. (B) (i) If the agency or person, entity, or organization who handled the adoption ceases to function, that agency or intermediary shall transfer records containing the health history and genetic and social history on the adoptee to the Department of Human Services. (ii) However, a licensed agency ceasing operation may transfer the records to another licensed agency within this state, but only if the agency transferring the records gives notice of the transfer to the department; and

(A) Shall be retained by the agency or, when no agency is involved, by the person, entity, or organization handling the adoption, for ninety-nine (99) years.

(B) (i) If the agency or person, entity, or organization who handled the adoption ceases to function, that agency or intermediary shall transfer records containing the health history and genetic and social history on the adoptee to the Department of Human Services. (ii) However, a licensed agency ceasing operation may transfer the records to another licensed agency within this state, but only if the agency transferring the records gives notice of the transfer to the department; and

(i) If the agency or person, entity, or organization who handled the adoption ceases to function, that agency or intermediary shall transfer records containing the health history and genetic and social history on the adoptee to the Department of Human Services.

(ii) However, a licensed agency ceasing operation may transfer the records to another licensed agency within this state, but only if the agency transferring the records gives notice of the transfer to the department; and

(2) Shall be available upon request throughout the time specified in subdivision (b)(1) of this section, together with any additional information that may have been added on health history or on genetic and social history, but which may exclude information identifying any birth parent or member of a birth parent's family or the adoptee or any adoptive parent of the adoptee, to the following persons only: (A) The adoptive parents of the child or, in the event of death of the adoptive parents, the child's guardian; (B) The adoptee; (C) In the event of the death of the adoptee, the adoptee's children, the adoptee's widow or widower, or the guardian of any child of the adoptee; (D) The birth parent of the adoptee; and (E) Any child welfare agency having custody of the adoptee.

(A) The adoptive parents of the child or, in the event of death of the adoptive parents, the child's guardian;

(B) The adoptee;

(C) In the event of the death of the adoptee, the adoptee's children, the adoptee's widow or widower, or the guardian of any child of the adoptee;

(D) The birth parent of the adoptee; and

(E) Any child welfare agency having custody of the adoptee.

(c) The actual and reasonable cost of providing the health history and genetic and social history shall be paid by the person requesting the information.

(d) Any information provided to an eligible person under this subchapter shall be nonidentifying unless permitted under § 9-9-506 .

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

Acts 1985, No. 957, § 8; A.S.A. 1947, § 56-145; Acts 1987, No. 1060, § 7; 2003, No. 650, § 7
Ark. Code Ann. § 9-14-223 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-223
Income withholding - Objection of payor
Status: in_force

Upon receipt of an objection from a payor under an order of income withholding, 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. Acts 1985, No. 989, § 17; A.S.A. 1947, § 34-1235

Upon receipt of an objection from a payor under an order of income withholding, 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.

Acts 1985, No. 989, § 17; A.S.A. 1947, § 34-1235
Ark. Code Ann. § 9-8-303 — AR Code / Title 9 / Chapter 8 / Subchapter 3 / Section 9-8-303
[Repealed]
Status: repealed

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

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

Init. Meas. 2008, No. 1, § 3
Ark. Code Ann. § 9-32-201 — AR Code / Title 9 / Chapter 32 / Subchapter 2 / Section 9-32-201
Short title
Status: in_force

This subchapter shall be known as and may be cited as the "Arkansas Child Welfare Public Accountability Act". Acts 1995, No. 1222, § 1

This subchapter shall be known as and may be cited as the "Arkansas Child Welfare Public Accountability Act".

Acts 1995, No. 1222, § 1
Ark. Code Ann. § 9-11-401 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-401
Definitions
Status: in_force

(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. Acts 1987, No. 715, § 1

(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.

Acts 1987, No. 715, § 1
Ark. Code Ann. § 9-14-104 — AR Code / Title 9 / Chapter 14 / Subchapter 1 / Section 9-14-104
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1119,§ 1, eff. 8/16/2013 Acts 1971, No. 433, ch. 6, § 12; A.S.A. 1947, §§ 34-2449, 34-2449n

Repealed by Act 2013, No. 1119,§ 1, eff. 8/16/2013

Acts 1971, No. 433, ch. 6, § 12; A.S.A. 1947, §§ 34-2449, 34-2449n
Ark. Code Ann. § 9-19-307 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-307
Simultaneous proceedings
Status: in_force

If a proceeding for enforcement under this subchapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter 2 of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. Acts 1999, No. 668, § 307

If a proceeding for enforcement under this subchapter is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under subchapter 2 of this chapter, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

Acts 1999, No. 668, § 307
Ark. Code Ann. § 9-27-801 — AR Code / Title 9 / Chapter 27 / Subchapter 8 / Section 9-27-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Family Treatment Specialty Court Act". Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Arkansas Family Treatment Specialty Court Act".

Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 9-3-120 — AR Code / Title 9 / Chapter 3 / Section 9-3-120
Certified copies of papers, etc., as evidence
Status: in_force

Certified copies of all papers, documents, certificates, and records required to be used, filed, recorded, or kept under any and all of the provisions of this chapter shall be admitted in evidence equally with the originals in any and all proceedings under this chapter and in all cases in which the originals might be admissible as evidence. Acts 1941, No. 355, § 3; A.S.A. 1947, § 34-1303

Certified copies of all papers, documents, certificates, and records required to be used, filed, recorded, or kept under any and all of the provisions of this chapter shall be admitted in evidence equally with the originals in any and all proceedings under this chapter and in all cases in which the originals might be admissible as evidence.

Acts 1941, No. 355, § 3; A.S.A. 1947, § 34-1303
Ark. Code Ann. § 9-28-214 — AR Code / Title 9 / Chapter 28 / Subchapter 2 / Section 9-28-214
Penalty for escape
Status: in_force

(a) If charged and found guilty as an adult for first degree escape, § 5-54-110 , or second degree escape, § 5-54-111 , a juvenile shall be given a mandatory sentence of not less than nine (9) months in an appropriate facility of the Division of Correction. (b) If adjudicated delinquent for first degree escape, § 5-54-110 , or second degree escape, § 5-54-111 , a juvenile shall be committed to the Division of Youth Services and placed in a more restricted facility in order to complete the remaining term of his or her commitment, provided that if the juvenile escaped from the most restricted facility, the juvenile shall complete the remaining term of his or her commitment at that or a similar facility. (c) The juvenile may receive credit for time served. Amended by Act 2019, No. 910,§ 692, eff. 7/1/2019. Acts 1997, No. 1299, § 8

(a) If charged and found guilty as an adult for first degree escape, § 5-54-110 , or second degree escape, § 5-54-111 , a juvenile shall be given a mandatory sentence of not less than nine (9) months in an appropriate facility of the Division of Correction.

(b) If adjudicated delinquent for first degree escape, § 5-54-110 , or second degree escape, § 5-54-111 , a juvenile shall be committed to the Division of Youth Services and placed in a more restricted facility in order to complete the remaining term of his or her commitment, provided that if the juvenile escaped from the most restricted facility, the juvenile shall complete the remaining term of his or her commitment at that or a similar facility.

(c) The juvenile may receive credit for time served.

Amended by Act 2019, No. 910,§ 692, eff. 7/1/2019.

Acts 1997, No. 1299, § 8
Ark. Code Ann. § 9-28-415 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-415
Foster home - Care requirements and limitations
Status: in_force

(a) A foster home shall: (1) Provide substitute care within a family-like setting on a twenty-four-hour basis for any child placed in the foster home by a child placement agency; (2) Adhere to the reasonable and prudent parent standard, as that standard is defined by Pub. L. No. 113-183, in the care of any child placed in the foster home by a child placement agency; and (3) Be the primary residence of the individual or family that is owned, rented, sublet, or leased by the individual or family. (b) A child placement agency may own and support the foster home if the foster home is the primary residence of the individual or family and the foster home meets all other licensing requirements under this subchapter. (c) A foster home shall not provide care for more than six (6) children in foster care unless providing care for additional children will allow: (1) A parenting youth in foster care to remain with his or her child; (2) Siblings in foster care to remain together; (3) A child with an established meaningful relationship with a family to remain with the family; or (4) A family with special training or skills to provide care to a child who has a severe disability. Added by Act 2019, No. 663,§ 4, eff. 7/24/2019.

(a) A foster home shall: (1) Provide substitute care within a family-like setting on a twenty-four-hour basis for any child placed in the foster home by a child placement agency; (2) Adhere to the reasonable and prudent parent standard, as that standard is defined by Pub. L. No. 113-183, in the care of any child placed in the foster home by a child placement agency; and (3) Be the primary residence of the individual or family that is owned, rented, sublet, or leased by the individual or family.

(1) Provide substitute care within a family-like setting on a twenty-four-hour basis for any child placed in the foster home by a child placement agency;

(2) Adhere to the reasonable and prudent parent standard, as that standard is defined by Pub. L. No. 113-183, in the care of any child placed in the foster home by a child placement agency; and

(3) Be the primary residence of the individual or family that is owned, rented, sublet, or leased by the individual or family.

(b) A child placement agency may own and support the foster home if the foster home is the primary residence of the individual or family and the foster home meets all other licensing requirements under this subchapter.

(c) A foster home shall not provide care for more than six (6) children in foster care unless providing care for additional children will allow: (1) A parenting youth in foster care to remain with his or her child; (2) Siblings in foster care to remain together; (3) A child with an established meaningful relationship with a family to remain with the family; or (4) A family with special training or skills to provide care to a child who has a severe disability.

(1) A parenting youth in foster care to remain with his or her child;

(2) Siblings in foster care to remain together;

(3) A child with an established meaningful relationship with a family to remain with the family; or

(4) A family with special training or skills to provide care to a child who has a severe disability.

Added by Act 2019, No. 663,§ 4, eff. 7/24/2019.
Ark. Code Ann. § 9-14-206 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-206
Office of Child Support Enforcement - Establishment - Plan - Program - Child support officers
Status: in_force

(a) There is established an organizational unit to be called the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration that shall administer the state plan for child support enforcement required under Title IV-D of the Social Security Act. (b) The office is designated as the single public entity for the administration of income withholding of support payments in accordance with federal law. (c) (1) The office is hereby designated as a law enforcement agency and may employ a child support officer in counties where the court grants at least two thousand five hundred (2,500) divorces each year to assist in the service of civil and criminal process and to enforce child support orders in this state. (2) The officers shall be duly certified law enforcement officers pursuant to § 12-9-101 et seq. and shall have the same power to execute, serve, and return all lawful warrants including warrants of arrest issued by the State of Arkansas or any political subdivision thereof. (d) (1) (A) Notwithstanding the provisions of subsection (c) of this section, in all counties in cases in which the sheriff has returned the service papers "non est", the office may employ a child support officer or contract with a process server to assist in the service of civil and criminal process and to enforce child support orders in this state. (B) A child support officer so employed shall be a duly certified law enforcement officer pursuant to § 12-9-101 et seq. (2) Process servers contracting with the office or its agent shall be appointed by the circuit court pursuant to Rule 4 of the Arkansas Rules of Civil Procedure or Rule 6.3 of the Arkansas Rules of Criminal Procedure. (3) A child support officer or process server shall have authority to execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision thereof. (4) In any county wherein the sheriff chooses to transfer the responsibility of service of process in Title IV-D child support cases to the office, the office or its agent may employ a child support officer or contract with a process server as set forth in this subsection. Acts 1985, No. 989, § 20; A.S.A. 1947, § 34-1238; Acts 1989, No. 808, § 1; 1989, No. 948, § 7; 1995, No. 1184, § 41; 1997, No. 1296, § 19

(a) There is established an organizational unit to be called the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration that shall administer the state plan for child support enforcement required under Title IV-D of the Social Security Act.

(b) The office is designated as the single public entity for the administration of income withholding of support payments in accordance with federal law.

(c) (1) The office is hereby designated as a law enforcement agency and may employ a child support officer in counties where the court grants at least two thousand five hundred (2,500) divorces each year to assist in the service of civil and criminal process and to enforce child support orders in this state. (2) The officers shall be duly certified law enforcement officers pursuant to § 12-9-101 et seq. and shall have the same power to execute, serve, and return all lawful warrants including warrants of arrest issued by the State of Arkansas or any political subdivision thereof.

(1) The office is hereby designated as a law enforcement agency and may employ a child support officer in counties where the court grants at least two thousand five hundred (2,500) divorces each year to assist in the service of civil and criminal process and to enforce child support orders in this state.

(2) The officers shall be duly certified law enforcement officers pursuant to § 12-9-101 et seq. and shall have the same power to execute, serve, and return all lawful warrants including warrants of arrest issued by the State of Arkansas or any political subdivision thereof.

(d) (1) (A) Notwithstanding the provisions of subsection (c) of this section, in all counties in cases in which the sheriff has returned the service papers "non est", the office may employ a child support officer or contract with a process server to assist in the service of civil and criminal process and to enforce child support orders in this state. (B) A child support officer so employed shall be a duly certified law enforcement officer pursuant to § 12-9-101 et seq. (2) Process servers contracting with the office or its agent shall be appointed by the circuit court pursuant to Rule 4 of the Arkansas Rules of Civil Procedure or Rule 6.3 of the Arkansas Rules of Criminal Procedure. (3) A child support officer or process server shall have authority to execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision thereof. (4) In any county wherein the sheriff chooses to transfer the responsibility of service of process in Title IV-D child support cases to the office, the office or its agent may employ a child support officer or contract with a process server as set forth in this subsection.

(1) (A) Notwithstanding the provisions of subsection (c) of this section, in all counties in cases in which the sheriff has returned the service papers "non est", the office may employ a child support officer or contract with a process server to assist in the service of civil and criminal process and to enforce child support orders in this state. (B) A child support officer so employed shall be a duly certified law enforcement officer pursuant to § 12-9-101 et seq.

(A) Notwithstanding the provisions of subsection (c) of this section, in all counties in cases in which the sheriff has returned the service papers "non est", the office may employ a child support officer or contract with a process server to assist in the service of civil and criminal process and to enforce child support orders in this state.

(B) A child support officer so employed shall be a duly certified law enforcement officer pursuant to § 12-9-101 et seq.

(2) Process servers contracting with the office or its agent shall be appointed by the circuit court pursuant to Rule 4 of the Arkansas Rules of Civil Procedure or Rule 6.3 of the Arkansas Rules of Criminal Procedure.

(3) A child support officer or process server shall have authority to execute, serve, and return all lawful warrants of arrest issued by the State of Arkansas or any political subdivision thereof.

(4) In any county wherein the sheriff chooses to transfer the responsibility of service of process in Title IV-D child support cases to the office, the office or its agent may employ a child support officer or contract with a process server as set forth in this subsection.

Acts 1985, No. 989, § 20; A.S.A. 1947, § 34-1238; Acts 1989, No. 808, § 1; 1989, No. 948, § 7; 1995, No. 1184, § 41; 1997, No. 1296, § 19
Ark. Code Ann. § 9-16-106 — AR Code / Title 9 / Chapter 16 / Section 9-16-106
Children qualified to receive services
Status: in_force

(a) (1) Family preservation services shall be provided to those children who are placed out-of-home for whom the goal is reunification and for those children who are at actual, imminent risk of out-of-home placement in situations in which family preservation services afford effective protection of children, youth, families, and the community. (2) This shall include children: (A) Who are at risk of removal as dependent, abused, or neglected; and (B) Whose families are in conflict such that they are unable to exercise reasonable control of the child. (b) The implementation of family preservation services shall be extended to those families for whom ongoing assessment indicates protection can be maintained. (c) Families shall not be eligible for family preservation services in which children are at risk of recurring sexual abuse perpetrated by a member of their immediate household and whose continued safety from recurring abuse cannot be reasonably assured. Acts 1991, No. 1025, § 6; 2001, No. 906, § 5

(a) (1) Family preservation services shall be provided to those children who are placed out-of-home for whom the goal is reunification and for those children who are at actual, imminent risk of out-of-home placement in situations in which family preservation services afford effective protection of children, youth, families, and the community. (2) This shall include children: (A) Who are at risk of removal as dependent, abused, or neglected; and (B) Whose families are in conflict such that they are unable to exercise reasonable control of the child.

(1) Family preservation services shall be provided to those children who are placed out-of-home for whom the goal is reunification and for those children who are at actual, imminent risk of out-of-home placement in situations in which family preservation services afford effective protection of children, youth, families, and the community.

(2) This shall include children: (A) Who are at risk of removal as dependent, abused, or neglected; and (B) Whose families are in conflict such that they are unable to exercise reasonable control of the child.

(A) Who are at risk of removal as dependent, abused, or neglected; and

(B) Whose families are in conflict such that they are unable to exercise reasonable control of the child.

(b) The implementation of family preservation services shall be extended to those families for whom ongoing assessment indicates protection can be maintained.

(c) Families shall not be eligible for family preservation services in which children are at risk of recurring sexual abuse perpetrated by a member of their immediate household and whose continued safety from recurring abuse cannot be reasonably assured.

Acts 1991, No. 1025, § 6; 2001, No. 906, § 5
Ark. Code Ann. § 9-14-508 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-508
Persons subject to income withholding - Ground for contest
Status: in_force

(a) Any person under a court order to provide and maintain healthcare coverage as of March 6, 1991, shall be subject to income withholding for healthcare coverage provisions of this subchapter. (b) An order of income withholding for healthcare coverage shall become effective upon the completion of the notice requirement set forth in § 9-14-509 . (c) (1) The fact that the custodial parent provides supplemental medical insurance coverage or that the minor child or children are otherwise eligible for Medicaid assistance shall not be a ground to contest an order of income withholding for healthcare coverage. (2) The only ground to contest an order of income withholding for healthcare coverage shall be mistake of fact. (d) The noncustodial parent shall not eliminate healthcare coverage for the minor child or children without receiving evidence in writing that the court or administrative order providing for the healthcare coverage is no longer in effect. (e) Whenever the court orders the noncustodial parent to provide healthcare coverage and the noncustodial parent fails or refuses to comply or eliminates healthcare coverage in violation of subsection (d) of this section, that fact shall be disclosed to the court and may be considered a ground for civil or criminal contempt of court. (f) 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, § 8; 1995, No. 1179, § 4; 2003, No. 1020, § 11

(a) Any person under a court order to provide and maintain healthcare coverage as of March 6, 1991, shall be subject to income withholding for healthcare coverage provisions of this subchapter.

(b) An order of income withholding for healthcare coverage shall become effective upon the completion of the notice requirement set forth in § 9-14-509 .

(c) (1) The fact that the custodial parent provides supplemental medical insurance coverage or that the minor child or children are otherwise eligible for Medicaid assistance shall not be a ground to contest an order of income withholding for healthcare coverage. (2) The only ground to contest an order of income withholding for healthcare coverage shall be mistake of fact.

(1) The fact that the custodial parent provides supplemental medical insurance coverage or that the minor child or children are otherwise eligible for Medicaid assistance shall not be a ground to contest an order of income withholding for healthcare coverage.

(2) The only ground to contest an order of income withholding for healthcare coverage shall be mistake of fact.

(d) The noncustodial parent shall not eliminate healthcare coverage for the minor child or children without receiving evidence in writing that the court or administrative order providing for the healthcare coverage is no longer in effect.

(e) Whenever the court orders the noncustodial parent to provide healthcare coverage and the noncustodial parent fails or refuses to comply or eliminates healthcare coverage in violation of subsection (d) of this section, that fact shall be disclosed to the court and may be considered a ground for civil or criminal contempt of court.

(f) 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, § 8; 1995, No. 1179, § 4; 2003, No. 1020, § 11
Ark. Code Ann. § 9-27-365 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-365
No reunification hearing
Status: in_force

(a) (1) (A) Any party can file a motion for no reunification services at any time. (B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing. (C) The court may conduct a hearing immediately following or concurrent with an adjudication determination or at a separate hearing if proper notice has been provided. (2) The motion shall identify sufficient facts and grounds in sufficient detail to put the defendant on notice as to the basis of the motion for no reunification services. (3) (A) A response is not required. (B) If a party responds, the time for response shall not be later than ten (10) days after receipt of the motion. (b) (1) The court shall conduct and complete a no reunification hearing within fifty (50) days of the date of written notice to the defendants and shall enter an order determining whether or not reunification services shall be provided. (2) Upon good cause shown, the hearing may be continued for an additional twenty (20) days. (c) An order terminating reunification services on a party and ending the duty of the Department of Human Services to provide services to a party shall be based on a finding of clear and convincing evidence that: (1) The termination of reunification services is in the child's best interest; and (2) One (1) or more of the following grounds exist: (A) A circuit court has determined that the parent, guardian, custodian, or noncustodial parent has subjected the child to aggravated circumstances that include: (i) A child's being abandoned; (ii) A child's being chronically abused; (iii) A child's being sexually exploited; (iv) A child's being subjected to extreme or repeated cruelty or sexual abuse; (v) A determination by a circuit judge that there is little likelihood that services to the family will result in successful reunification; (vi) A child has been removed from the custody of the parent or guardian and placed in foster care or the custody of another person three (3) or more times in the past fifteen (15) months; or (vii) A child's or a sibling's being neglected or abused such that the abuse or neglect could endanger the life of the child; or (B) A circuit court has determined that the parent has: (i) Committed murder of a child; (ii) Committed manslaughter of a child; (iii) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter; (iv) Committed a felony battery that results in serious bodily injury to any child; (v) Had parental rights involuntarily terminated as to a sibling of the child; or (vi) Abandoned an infant as defined in § 9-27-303(1) . (d) Upon a determination that no reunification services shall be provided, the court shall hold a permanency planning hearing within thirty (30) days unless permanency for the juvenile has been achieved through guardianship, custody, or a petition for termination of parental rights has been filed within thirty (30) days. (e) A written order setting forth the court's findings of fact and law shall be filed with the court, by the court, or by a party or party's attorneys as designated by the court within thirty (30) days or before the next hearing, whichever is sooner. Amended by Act 2015, No. 1024,§ 7, eff. 7/22/2015 Amended by Act 2015, No. 825,§ 6, eff. 7/22/2015 Amended by Act 2013, No. 1055,§ 17, eff. 8/16/2013 Amended by Act 2013, No. 1055,§ 16, eff. 8/16/2013 Acts 2009, No. 956, § 26

(a) (1) (A) Any party can file a motion for no reunification services at any time. (B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing. (C) The court may conduct a hearing immediately following or concurrent with an adjudication determination or at a separate hearing if proper notice has been provided. (2) The motion shall identify sufficient facts and grounds in sufficient detail to put the defendant on notice as to the basis of the motion for no reunification services. (3) (A) A response is not required. (B) If a party responds, the time for response shall not be later than ten (10) days after receipt of the motion.

(1) (A) Any party can file a motion for no reunification services at any time. (B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing. (C) The court may conduct a hearing immediately following or concurrent with an adjudication determination or at a separate hearing if proper notice has been provided.

(A) Any party can file a motion for no reunification services at any time.

(B) The motion shall be provided to all parties in writing at least twenty (20) days before a scheduled hearing.

(C) The court may conduct a hearing immediately following or concurrent with an adjudication determination or at a separate hearing if proper notice has been provided.

(2) The motion shall identify sufficient facts and grounds in sufficient detail to put the defendant on notice as to the basis of the motion for no reunification services.

(3) (A) A response is not required. (B) If a party responds, the time for response shall not be later than ten (10) days after receipt of the motion.

(A) A response is not required.

(B) If a party responds, the time for response shall not be later than ten (10) days after receipt of the motion.

(b) (1) The court shall conduct and complete a no reunification hearing within fifty (50) days of the date of written notice to the defendants and shall enter an order determining whether or not reunification services shall be provided. (2) Upon good cause shown, the hearing may be continued for an additional twenty (20) days.

(1) The court shall conduct and complete a no reunification hearing within fifty (50) days of the date of written notice to the defendants and shall enter an order determining whether or not reunification services shall be provided.

(2) Upon good cause shown, the hearing may be continued for an additional twenty (20) days.

(c) An order terminating reunification services on a party and ending the duty of the Department of Human Services to provide services to a party shall be based on a finding of clear and convincing evidence that: (1) The termination of reunification services is in the child's best interest; and (2) One (1) or more of the following grounds exist: (A) A circuit court has determined that the parent, guardian, custodian, or noncustodial parent has subjected the child to aggravated circumstances that include: (i) A child's being abandoned; (ii) A child's being chronically abused; (iii) A child's being sexually exploited; (iv) A child's being subjected to extreme or repeated cruelty or sexual abuse; (v) A determination by a circuit judge that there is little likelihood that services to the family will result in successful reunification; (vi) A child has been removed from the custody of the parent or guardian and placed in foster care or the custody of another person three (3) or more times in the past fifteen (15) months; or (vii) A child's or a sibling's being neglected or abused such that the abuse or neglect could endanger the life of the child; or (B) A circuit court has determined that the parent has: (i) Committed murder of a child; (ii) Committed manslaughter of a child; (iii) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter; (iv) Committed a felony battery that results in serious bodily injury to any child; (v) Had parental rights involuntarily terminated as to a sibling of the child; or (vi) Abandoned an infant as defined in § 9-27-303(1) .

(1) The termination of reunification services is in the child's best interest; and

(2) One (1) or more of the following grounds exist: (A) A circuit court has determined that the parent, guardian, custodian, or noncustodial parent has subjected the child to aggravated circumstances that include: (i) A child's being abandoned; (ii) A child's being chronically abused; (iii) A child's being sexually exploited; (iv) A child's being subjected to extreme or repeated cruelty or sexual abuse; (v) A determination by a circuit judge that there is little likelihood that services to the family will result in successful reunification; (vi) A child has been removed from the custody of the parent or guardian and placed in foster care or the custody of another person three (3) or more times in the past fifteen (15) months; or (vii) A child's or a sibling's being neglected or abused such that the abuse or neglect could endanger the life of the child; or (B) A circuit court has determined that the parent has: (i) Committed murder of a child; (ii) Committed manslaughter of a child; (iii) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter; (iv) Committed a felony battery that results in serious bodily injury to any child; (v) Had parental rights involuntarily terminated as to a sibling of the child; or (vi) Abandoned an infant as defined in § 9-27-303(1) .

(A) A circuit court has determined that the parent, guardian, custodian, or noncustodial parent has subjected the child to aggravated circumstances that include: (i) A child's being abandoned; (ii) A child's being chronically abused; (iii) A child's being sexually exploited; (iv) A child's being subjected to extreme or repeated cruelty or sexual abuse; (v) A determination by a circuit judge that there is little likelihood that services to the family will result in successful reunification; (vi) A child has been removed from the custody of the parent or guardian and placed in foster care or the custody of another person three (3) or more times in the past fifteen (15) months; or (vii) A child's or a sibling's being neglected or abused such that the abuse or neglect could endanger the life of the child; or

(i) A child's being abandoned;

(ii) A child's being chronically abused;

(iii) A child's being sexually exploited;

(iv) A child's being subjected to extreme or repeated cruelty or sexual abuse;

(v) A determination by a circuit judge that there is little likelihood that services to the family will result in successful reunification;

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

(vii) A child's or a sibling's being neglected or abused such that the abuse or neglect could endanger the life of the child; or

(B) A circuit court has determined that the parent has: (i) Committed murder of a child; (ii) Committed manslaughter of a child; (iii) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter; (iv) Committed a felony battery that results in serious bodily injury to any child; (v) Had parental rights involuntarily terminated as to a sibling of the child; or (vi) Abandoned an infant as defined in § 9-27-303(1) .

(i) Committed murder of a child;

(ii) Committed manslaughter of a child;

(iii) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter;

(iv) Committed a felony battery that results in serious bodily injury to any child;

(v) Had parental rights involuntarily terminated as to a sibling of the child; or

(vi) Abandoned an infant as defined in § 9-27-303(1) .

(d) Upon a determination that no reunification services shall be provided, the court shall hold a permanency planning hearing within thirty (30) days unless permanency for the juvenile has been achieved through guardianship, custody, or a petition for termination of parental rights has been filed within thirty (30) days.

(e) A written order setting forth the court's findings of fact and law shall be filed with the court, by the court, or by a party or party's attorneys as designated by the court within thirty (30) days or before the next hearing, whichever is sooner.

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

Amended by Act 2015, No. 825,§ 6, eff. 7/22/2015

Amended by Act 2013, No. 1055,§ 17, eff. 8/16/2013

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

Acts 2009, No. 956, § 26
Ark. Code Ann. § 9-11-106 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-106
Incestuous marriages - Penalties for entering into or solemnizing
Status: in_force

(a) All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutely void. This section shall extend to illegitimate children and relations. (b) Whoever contracts marriage in fact, contrary to the prohibitions of subsection (a) of this section, and whoever knowingly solemnizes the marriage shall be deemed guilty of a misdemeanor and shall upon conviction be fined or imprisoned, or both, at the discretion of the jury who shall pass on the case, or if the conviction shall be by confession, or on demurrer, then at the discretion of the court. Rev. Stat., ch. 94, §§ 3, 9; Acts 1875, No. 102, § 1, p. 221; C. & M. Dig., §§ 7038, 7045; Pope's Dig., §§ 9018, 9025; Acts 1973, No. 253, § 1; A.S.A. 1947, §§ 55-103, 55-105

(a) All marriages between parents and children, including grandparents and grandchildren of every degree, between brothers and sisters of the half as well as the whole blood, and between uncles and nieces, and between aunts and nephews, and between first cousins are declared to be incestuous and absolutely void. This section shall extend to illegitimate children and relations.

(b) Whoever contracts marriage in fact, contrary to the prohibitions of subsection (a) of this section, and whoever knowingly solemnizes the marriage shall be deemed guilty of a misdemeanor and shall upon conviction be fined or imprisoned, or both, at the discretion of the jury who shall pass on the case, or if the conviction shall be by confession, or on demurrer, then at the discretion of the court.

Rev. Stat., ch. 94, §§ 3, 9; Acts 1875, No. 102, § 1, p. 221; C. & M. Dig., §§ 7038, 7045; Pope's Dig., §§ 9018, 9025; Acts 1973, No. 253, § 1; A.S.A. 1947, §§ 55-103, 55-105
Ark. Code Ann. § 9-11-304 — AR Code / Title 9 / Chapter 11 / Subchapter 3 / Section 9-11-304
Effect of unrecorded contract
Status: in_force

No marriage contract shall be valid or affect property, except between the parties thereto and those who have actual notice thereof, until it shall be deposited for record with the clerk and recorder of the county where the real estate is situated. Rev. Stat., ch. 95, § 5; C. & M. Dig., § 7032; Pope's Dig., § 9012; A.S.A. 1947, § 55-305

No marriage contract shall be valid or affect property, except between the parties thereto and those who have actual notice thereof, until it shall be deposited for record with the clerk and recorder of the county where the real estate is situated.

Rev. Stat., ch. 95, § 5; C. & M. Dig., § 7032; Pope's Dig., § 9012; A.S.A. 1947, § 55-305
Ark. Code Ann. § 9-8-207 — AR Code / Title 9 / Chapter 8 / Subchapter 2 / Section 9-8-207
Records confidential
Status: in_force

(a) All subsidized guardianship records personally identifying a juvenile shall be confidential and shall not be released or otherwise made available except to the following persons or entities and to the extent permitted by federal law: (1) The guardian; (2) The attorney for the guardian; (3) The child; (4) The attorney ad litem for the child; (5) For purposes of review or audit by the appropriate federal or state agency; (6) A grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the grand jury or court; (7) (A) Individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (B) No disclosure of any information that identifies by name or address any recipient of a subsidy or service shall be made to any committee or legislative body; and (8) The administration of any federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need. (b) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any personally identifying information obtained pursuant to this section. (2) Nothing in this subsection shall prevent subsequent disclosure by the guardian or the child. (3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor. Acts 2007, No. 621, § 1

(a) All subsidized guardianship records personally identifying a juvenile shall be confidential and shall not be released or otherwise made available except to the following persons or entities and to the extent permitted by federal law: (1) The guardian; (2) The attorney for the guardian; (3) The child; (4) The attorney ad litem for the child; (5) For purposes of review or audit by the appropriate federal or state agency; (6) A grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the grand jury or court; (7) (A) Individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (B) No disclosure of any information that identifies by name or address any recipient of a subsidy or service shall be made to any committee or legislative body; and (8) The administration of any federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need.

(1) The guardian;

(2) The attorney for the guardian;

(3) The child;

(4) The attorney ad litem for the child;

(5) For purposes of review or audit by the appropriate federal or state agency;

(6) A grand jury or court upon a finding that information in the record is necessary for the determination of an issue before the grand jury or court;

(7) (A) Individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information. (B) No disclosure of any information that identifies by name or address any recipient of a subsidy or service shall be made to any committee or legislative body; and

(A) Individual federal and state representatives and senators in their official capacity and their staff members with no redisclosure of information.

(B) No disclosure of any information that identifies by name or address any recipient of a subsidy or service shall be made to any committee or legislative body; and

(8) The administration of any federal program or federally assisted program that provides assistance, in cash or in kind, or services directly to individuals on the basis of need.

(b) (1) Any person or agency to whom disclosure is made shall not disclose to any other person any personally identifying information obtained pursuant to this section. (2) Nothing in this subsection shall prevent subsequent disclosure by the guardian or the child. (3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor.

(1) Any person or agency to whom disclosure is made shall not disclose to any other person any personally identifying information obtained pursuant to this section.

(2) Nothing in this subsection shall prevent subsequent disclosure by the guardian or the child.

(3) Any person disclosing information in violation of this subsection shall be guilty of a Class C misdemeanor.

Acts 2007, No. 621, § 1
Ark. Code Ann. § 9-6-110 — AR Code / Title 9 / Chapter 6 / Section 9-6-110
Reports
Status: in_force

The Secretary of the Department of Finance and Administration or his or her 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 that receive funds under this chapter; (2) A description of shelters that meet the requirements of and receive funds under this chapter; and (3) The number of persons assisted by the shelters that receive funds under this chapter. Amended by Act 2019, No. 910,§ 3371, eff. 7/1/2019. Added by Act 2017, No. 583,§ 1, eff. 8/1/2017

The Secretary of the Department of Finance and Administration or his or her 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 that receive funds under this chapter;

(2) A description of shelters that meet the requirements of and receive funds under this chapter; and

(3) The number of persons assisted by the shelters that receive funds under this chapter.

Amended by Act 2019, No. 910,§ 3371, eff. 7/1/2019.

Added by Act 2017, No. 583,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-19-106 — AR Code / Title 9 / Chapter 19 / Subchapter 1 / Section 9-19-106
Effect of child-custody determination
Status: in_force

A child-custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with § 9-19-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Acts 1999, No. 668, § 106

A child-custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with § 9-19-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.

Acts 1999, No. 668, § 106
Ark. Code Ann. § 9-10-119 — AR Code / Title 9 / Chapter 10 / Subchapter 1 / Section 9-10-119
Revival of judgment
Status: in_force

The judgment may be revived against the executor or administrator of the person against whom the judgment was rendered. Acts 1875 (Adj. Sess.), No. 24, § 6, p. 25; C. & M. Dig., § 779; Pope's Dig., § 935; A.S.A. 1947, § 34-708

The judgment may be revived against the executor or administrator of the person against whom the judgment was rendered.

Acts 1875 (Adj. Sess.), No. 24, § 6, p. 25; C. & M. Dig., § 779; Pope's Dig., § 935; A.S.A. 1947, § 34-708
Ark. Code Ann. § 9-16-103 — AR Code / Title 9 / Chapter 16 / Section 9-16-103
Director of the Division of Children and Family Services - Duties
Status: in_force

The Director of the Division of Children and Family Services of the Department of Human Services shall: (1) (A) Make family preservation services accessible to all cases in which a child is about to be placed outside his or her home, or in which a child has been placed outside his or her home, and in which the goal is reunification. (B) The director shall make family preservation services accessible to all cases in which a child is about to be removed or reunification is the goal and the provision of such services is appropriate; (2) Ensure that statewide availability of family preservation services is accomplished in an orderly fashion, with modification based on analysis of an annual evaluation report; and (3) Continue the implementation of family preservation services by consultation with professionals who are nationally recognized in the field. Acts 1991, No. 1025, § 3; 2001, No. 906, § 3

The Director of the Division of Children and Family Services of the Department of Human Services shall:

(1) (A) Make family preservation services accessible to all cases in which a child is about to be placed outside his or her home, or in which a child has been placed outside his or her home, and in which the goal is reunification. (B) The director shall make family preservation services accessible to all cases in which a child is about to be removed or reunification is the goal and the provision of such services is appropriate;

(A) Make family preservation services accessible to all cases in which a child is about to be placed outside his or her home, or in which a child has been placed outside his or her home, and in which the goal is reunification.

(B) The director shall make family preservation services accessible to all cases in which a child is about to be removed or reunification is the goal and the provision of such services is appropriate;

(2) Ensure that statewide availability of family preservation services is accomplished in an orderly fashion, with modification based on analysis of an annual evaluation report; and

(3) Continue the implementation of family preservation services by consultation with professionals who are nationally recognized in the field.

Acts 1991, No. 1025, § 3; 2001, No. 906, § 3
Ark. Code Ann. § 9-11-411 — AR Code / Title 9 / Chapter 11 / Subchapter 4 / Section 9-11-411
Severability
Status: in_force

If any provision of this subchapter or its application to any person or circumstance be held invalid, the invalidity does not affect other provisions or applications of this subchapter that can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are severable. Acts 1987, No. 715, § 11

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

Acts 1987, No. 715, § 11
Ark. Code Ann. § 9-28-416 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-416
Admission of children to psychiatric residential treatment facilities
Status: in_force

(a) A psychiatric residential treatment facility licensed under this subchapter and holding a permit from the Health Services Permit Agency or the Health Services Permit Commission shall not admit a child for psychiatric residential treatment unless the child is: (1) An Arkansas resident; (2) A child of a parent who is an Arkansas resident; (3) A child placed by or on behalf of another state's child welfare agency; (4) A child for whom the facility is being paid by another state's Medicaid program; (5) A child of an active-duty member or veteran of the uniformed services as defined in § 6-4-302 ; or (6) A nonresident child victim of human trafficking when the regulated facility maintains responsibility for the return of the child to the out-of-state custodian. (b) The Department of Human Services may promulgate rules to enforce this section. Added by Act 2023, No. 806,§ 1, eff. 8/1/2023.

(a) A psychiatric residential treatment facility licensed under this subchapter and holding a permit from the Health Services Permit Agency or the Health Services Permit Commission shall not admit a child for psychiatric residential treatment unless the child is: (1) An Arkansas resident; (2) A child of a parent who is an Arkansas resident; (3) A child placed by or on behalf of another state's child welfare agency; (4) A child for whom the facility is being paid by another state's Medicaid program; (5) A child of an active-duty member or veteran of the uniformed services as defined in § 6-4-302 ; or (6) A nonresident child victim of human trafficking when the regulated facility maintains responsibility for the return of the child to the out-of-state custodian.

(1) An Arkansas resident;

(2) A child of a parent who is an Arkansas resident;

(3) A child placed by or on behalf of another state's child welfare agency;

(4) A child for whom the facility is being paid by another state's Medicaid program;

(5) A child of an active-duty member or veteran of the uniformed services as defined in § 6-4-302 ; or

(6) A nonresident child victim of human trafficking when the regulated facility maintains responsibility for the return of the child to the out-of-state custodian.

(b) The Department of Human Services may promulgate rules to enforce this section.

Added by Act 2023, No. 806,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 9-12-308 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-308
Effect of collusion, consent, or equal guilt of parties
Status: in_force

If it appears to the court that the adultery or other offense complained of has been occasioned by the collusion of the parties or done with an intent to procure a divorce, that the complainant was consenting thereto, or that both parties have been guilty of the adultery or other offense or injury complained of in the complaint, then no divorce shall be granted or decreed. Rev. Stat., ch. 51, § 8; C. & M. Dig., § 3507; Pope's Dig., § 4389; A.S.A. 1947, § 34-1209

If it appears to the court that the adultery or other offense complained of has been occasioned by the collusion of the parties or done with an intent to procure a divorce, that the complainant was consenting thereto, or that both parties have been guilty of the adultery or other offense or injury complained of in the complaint, then no divorce shall be granted or decreed.

Rev. Stat., ch. 51, § 8; C. & M. Dig., § 3507; Pope's Dig., § 4389; A.S.A. 1947, § 34-1209
Ark. Code Ann. § 9-14-403 — AR Code / Title 9 / Chapter 14 / Subchapter 4 / Section 9-14-403
[Repealed]
Status: repealed

Repealed by Act 2021, No. 470,§ 4, eff. 7/28/2021. Acts 1989, No. 682, § 1

Repealed by Act 2021, No. 470,§ 4, eff. 7/28/2021.

Acts 1989, No. 682, § 1
Ark. Code Ann. § 9-11-803 — AR Code / Title 9 / Chapter 11 / Subchapter 8 / Section 9-11-803
Covenant marriage
Status: in_force

(a) (1) A covenant marriage is a marriage entered into by one (1) male and one (1) female who understand and agree that the marriage between them is a lifelong relationship. (2) Parties to a covenant marriage will have received authorized counseling emphasizing the nature, purposes, and responsibilities of marriage. (3) Only when there has been a complete and total breach of the marital covenant commitment may a party seek a declaration that the marriage is no longer legally recognized. (b) (1) A man and a woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license as otherwise required under this chapter and executing a declaration of intent to contract a covenant marriage as provided in § 9-11-804 . (2) The application for a marriage license and the declaration of intent shall be filed with the official who issues the marriage license. Acts 2001, No. 1486, § 5

(a) (1) A covenant marriage is a marriage entered into by one (1) male and one (1) female who understand and agree that the marriage between them is a lifelong relationship. (2) Parties to a covenant marriage will have received authorized counseling emphasizing the nature, purposes, and responsibilities of marriage. (3) Only when there has been a complete and total breach of the marital covenant commitment may a party seek a declaration that the marriage is no longer legally recognized.

(1) A covenant marriage is a marriage entered into by one (1) male and one (1) female who understand and agree that the marriage between them is a lifelong relationship.

(2) Parties to a covenant marriage will have received authorized counseling emphasizing the nature, purposes, and responsibilities of marriage.

(3) Only when there has been a complete and total breach of the marital covenant commitment may a party seek a declaration that the marriage is no longer legally recognized.

(b) (1) A man and a woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license as otherwise required under this chapter and executing a declaration of intent to contract a covenant marriage as provided in § 9-11-804 . (2) The application for a marriage license and the declaration of intent shall be filed with the official who issues the marriage license.

(1) A man and a woman may contract a covenant marriage by declaring their intent to do so on their application for a marriage license as otherwise required under this chapter and executing a declaration of intent to contract a covenant marriage as provided in § 9-11-804 .

(2) The application for a marriage license and the declaration of intent shall be filed with the official who issues the marriage license.

Acts 2001, No. 1486, § 5
Ark. Code Ann. § 9-28-404 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-404
Child Welfare Agency Review Board - Composition
Status: in_force

(a) The Child Welfare Agency Review Board shall consist of Arkansas residents who shall be qualified as follows: (1) The director of the division within the Department of Human Services designated by the Secretary of the Department of Human Services to administer this subchapter or his or her designee; (2) One (1) representative from a privately owned, licensed child placement agency with expertise in foster care; (3) One (1) representative from a privately owned, licensed child placement agency with expertise in adoptions; (4) Two (2) representatives from licensed residential childcare facilities; (5) One (1) representative from a licensed psychiatric residential treatment facility; (6) One (1) representative from a licensed emergency shelter; and (7) One (1) representative from the public at large. (b) Members shall be appointed by the Governor for four-year terms expiring on March 1 of the appropriate year, except that in making initial appointments, one (1) of the members representing licensed child placement agencies and the member representing the public at large shall serve for two (2) years and two (2) of the members representing residential facilities shall serve for three (3) years. (c) Members of the board shall serve without compensation, but each member of the board shall be entitled to reimbursement for expenses for necessary meals, lodging, and mileage in attending board meetings, to be payable from funds appropriated for the maintenance and operation of the department. (d) The members of the board shall select a chair from among its voting membership. Amended by Act 2019, No. 910,§ 5143, eff. 7/1/2019. Acts 1997, No. 1041, § 4; 2001, No. 1414, §§ 1, 2; 2003, No. 1157, § 2; 2011, No. 522, §§ 7, 8

(a) The Child Welfare Agency Review Board shall consist of Arkansas residents who shall be qualified as follows: (1) The director of the division within the Department of Human Services designated by the Secretary of the Department of Human Services to administer this subchapter or his or her designee; (2) One (1) representative from a privately owned, licensed child placement agency with expertise in foster care; (3) One (1) representative from a privately owned, licensed child placement agency with expertise in adoptions; (4) Two (2) representatives from licensed residential childcare facilities; (5) One (1) representative from a licensed psychiatric residential treatment facility; (6) One (1) representative from a licensed emergency shelter; and (7) One (1) representative from the public at large.

(1) The director of the division within the Department of Human Services designated by the Secretary of the Department of Human Services to administer this subchapter or his or her designee;

(2) One (1) representative from a privately owned, licensed child placement agency with expertise in foster care;

(3) One (1) representative from a privately owned, licensed child placement agency with expertise in adoptions;

(4) Two (2) representatives from licensed residential childcare facilities;

(5) One (1) representative from a licensed psychiatric residential treatment facility;

(6) One (1) representative from a licensed emergency shelter; and

(7) One (1) representative from the public at large.

(b) Members shall be appointed by the Governor for four-year terms expiring on March 1 of the appropriate year, except that in making initial appointments, one (1) of the members representing licensed child placement agencies and the member representing the public at large shall serve for two (2) years and two (2) of the members representing residential facilities shall serve for three (3) years.

(c) Members of the board shall serve without compensation, but each member of the board shall be entitled to reimbursement for expenses for necessary meals, lodging, and mileage in attending board meetings, to be payable from funds appropriated for the maintenance and operation of the department.

(d) The members of the board shall select a chair from among its voting membership.

Amended by Act 2019, No. 910,§ 5143, eff. 7/1/2019.

Acts 1997, No. 1041, § 4; 2001, No. 1414, §§ 1, 2; 2003, No. 1157, § 2; 2011, No. 522, §§ 7, 8
Ark. Code Ann. § 9-20-101 — AR Code / Title 9 / Chapter 20 / Section 9-20-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Adult Maltreatment Custody Act". Acts 2005, No. 1811, § 1

This chapter shall be known and may be cited as the "Adult Maltreatment Custody Act".

Acts 2005, No. 1811, § 1
Ark. Code Ann. § 9-27-805 — AR Code / Title 9 / Chapter 27 / Subchapter 8 / Section 9-27-805
Eligibility and participation
Status: in_force

(a) Participation in a family treatment specialty court is voluntary. (b) A person is eligible for participation in a family treatment specialty court program if: (1) The person is a parent, guardian, custodian, or other caretaker of a juvenile found by the court to be dependent or dependent-neglected; and (2) The person agrees to comply with the policies and procedures developed by the family treatment specialty court program, as well as the Arkansas Juvenile Code of 1989, § 9-27-301 et seq. (c) If a child has more than one (1) parent, guardian, or custodian and at least one (1) but not all parents, guardians, or custodians objects to participation in a family treatment specialty court, participation in the family treatment specialty court is conditioned upon providing notice and the opportunity to attend all family treatment specialty court staffings and hearings involving the objecting party to: (1) The objecting party; or (2) The attorney for an objecting party. Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.

(a) Participation in a family treatment specialty court is voluntary.

(b) A person is eligible for participation in a family treatment specialty court program if: (1) The person is a parent, guardian, custodian, or other caretaker of a juvenile found by the court to be dependent or dependent-neglected; and (2) The person agrees to comply with the policies and procedures developed by the family treatment specialty court program, as well as the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(1) The person is a parent, guardian, custodian, or other caretaker of a juvenile found by the court to be dependent or dependent-neglected; and

(2) The person agrees to comply with the policies and procedures developed by the family treatment specialty court program, as well as the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.

(c) If a child has more than one (1) parent, guardian, or custodian and at least one (1) but not all parents, guardians, or custodians objects to participation in a family treatment specialty court, participation in the family treatment specialty court is conditioned upon providing notice and the opportunity to attend all family treatment specialty court staffings and hearings involving the objecting party to: (1) The objecting party; or (2) The attorney for an objecting party.

(1) The objecting party; or

(2) The attorney for an objecting party.

Added by Act 2023, No. 61,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 9-15-212 — AR Code / Title 9 / Chapter 15 / Subchapter 2 / Section 9-15-212
Effect of no contact order
Status: in_force

A no contact order shall prohibit the person from making contact, directly or through an agent, except under such conditions as may be provided in the order. Acts 1999, No. 662, § 4

A no contact order shall prohibit the person from making contact, directly or through an agent, except under such conditions as may be provided in the order.

Acts 1999, No. 662, § 4
Ark. Code Ann. § 9-15-407 — AR Code / Title 9 / Chapter 15 / Subchapter 4 / Section 9-15-407
Reporting
Status: in_force

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall report annually to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth regarding: (1) The status of the implementation and administration of this subchapter and its purposes; and (2) Any recommended changes in the law to improve the prevention of or intervention into spousal abuse situations. Acts 2007, No. 1414, § 1

The Arkansas Child Abuse/Rape/Domestic Violence Commission shall report annually to the House Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth regarding:

(1) The status of the implementation and administration of this subchapter and its purposes; and

(2) Any recommended changes in the law to improve the prevention of or intervention into spousal abuse situations.

Acts 2007, No. 1414, § 1
Ark. Code Ann. § 9-11-107 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-107
Validity of foreign marriages
Status: in_force

(a) All marriages contracted outside this state that would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state. (b) This section shall not apply to a marriage between persons of the same sex. Rev. Stat., ch. 94, § 7; C. & M. Dig., § 7043; Pope's Dig., § 9023; A.S.A. 1947, § 55-110; Acts 1997, No. 144, § 2

(a) All marriages contracted outside this state that would be valid by the laws of the state or country in which the marriages were consummated and in which the parties then actually resided shall be valid in all the courts in this state.

(b) This section shall not apply to a marriage between persons of the same sex.

Rev. Stat., ch. 94, § 7; C. & M. Dig., § 7043; Pope's Dig., § 9023; A.S.A. 1947, § 55-110; Acts 1997, No. 144, § 2
Ark. Code Ann. § 9-28-110 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-110
Smoking in the presence of foster children
Status: in_force

The Department of Human Services shall not place or permit a child to remain in a foster home, unless it is in the best interest of the child to be placed in or to remain in the foster home, if the foster parent: (1) Or any other member of the household smokes; or (2) Allows an individual to smoke in the presence of a foster child. Acts 2011, No. 591, § 1

The Department of Human Services shall not place or permit a child to remain in a foster home, unless it is in the best interest of the child to be placed in or to remain in the foster home, if the foster parent:

(1) Or any other member of the household smokes; or

(2) Allows an individual to smoke in the presence of a foster child.

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-9-502 — AR Code / Title 9 / Chapter 9 / Subchapter 5 / Section 9-9-502
Penalty
Status: in_force

(a) (1) No person, agency, entity, or organization of any kind, including, but not limited to, any officer or employee of this state and any employee, officer, or judge of any court of this state shall disclose any confidential information relating to any adoption, except as provided by statute or pursuant to a court order. (2) Any employer who knowingly or negligently allows any employee to disclose information in violation of this subchapter shall be subject to the penalties provided in subsection (b) of this section, together with the employee who made any disclosure prohibited by this subchapter. (b) Any person, agency, entity, or organization of any kind that discloses information in violation of this subchapter shall be guilty of a Class A misdemeanor. Acts 1985, No. 957, § 3; A.S.A. 1947, § 56-140; Acts 1987, No. 1060, § 2

(a) (1) No person, agency, entity, or organization of any kind, including, but not limited to, any officer or employee of this state and any employee, officer, or judge of any court of this state shall disclose any confidential information relating to any adoption, except as provided by statute or pursuant to a court order. (2) Any employer who knowingly or negligently allows any employee to disclose information in violation of this subchapter shall be subject to the penalties provided in subsection (b) of this section, together with the employee who made any disclosure prohibited by this subchapter.

(1) No person, agency, entity, or organization of any kind, including, but not limited to, any officer or employee of this state and any employee, officer, or judge of any court of this state shall disclose any confidential information relating to any adoption, except as provided by statute or pursuant to a court order.

(2) Any employer who knowingly or negligently allows any employee to disclose information in violation of this subchapter shall be subject to the penalties provided in subsection (b) of this section, together with the employee who made any disclosure prohibited by this subchapter.

(b) Any person, agency, entity, or organization of any kind that discloses information in violation of this subchapter shall be guilty of a Class A misdemeanor.

Acts 1985, No. 957, § 3; A.S.A. 1947, § 56-140; Acts 1987, No. 1060, § 2
Ark. Code Ann. § 9-11-216 — AR Code / Title 9 / Chapter 11 / Subchapter 2 / Section 9-11-216
Solemnization contrary to law - Penalty
Status: in_force

(a) Any person who presumes to solemnize marriage in this state contrary to the provisions of this act shall be adjudged 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). (b) The fine imposed by subsection (a) of this section shall be paid when collected into the general fund of the county in which the offense was committed. Acts 1875, No. 127, § 8 (last part), p. 260; C. & M. Dig., § 7066; Pope's Dig., § 9048; A.S.A. 1947, § 55-217; Acts 1999, No. 1540, § 3

(a) Any person who presumes to solemnize marriage in this state contrary to the provisions of this act shall be adjudged 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).

(b) The fine imposed by subsection (a) of this section shall be paid when collected into the general fund of the county in which the offense was committed.

Acts 1875, No. 127, § 8 (last part), p. 260; C. & M. Dig., § 7066; Pope's Dig., § 9048; A.S.A. 1947, § 55-217; Acts 1999, No. 1540, § 3
Ark. Code Ann. § 9-20-105 — AR Code / Title 9 / Chapter 20 / Section 9-20-105
Privilege not grounds for exclusion of evidence
Status: in_force

Any privilege between husband and wife or between any professional persons, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, nursing homes, and their clients, shall not constitute grounds for excluding evidence at any proceedings regarding an endangered adult or an impaired adult, or the cause of the proceeding. Acts 2005, No. 1811, § 1

Any privilege between husband and wife or between any professional persons, except lawyer and client, including, but not limited to, physicians, members of the clergy, counselors, hospitals, clinics, rest homes, nursing homes, and their clients, shall not constitute grounds for excluding evidence at any proceedings regarding an endangered adult or an impaired adult, or the cause of the proceeding.

Acts 2005, No. 1811, § 1
Ark. Code Ann. § 9-14-217 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-217
Income withholding - Supersession of section 9-14-102
Status: in_force

The income withholding provisions of this subchapter shall supersede the provisions of § 9-14-102 when applicable. Acts 1985, No. 989, § 31; A.S.A. 1947, § 34-1249

The income withholding provisions of this subchapter shall supersede the provisions of § 9-14-102 when applicable.

Acts 1985, No. 989, § 31; A.S.A. 1947, § 34-1249
Ark. Code Ann. § 9-13-108 — AR Code / Title 9 / Chapter 13 / Subchapter 1 / Section 9-13-108
Visitation - Preference of child
Status: in_force

In an action under this subchapter concerning a person's right to visitation with a minor child, the circuit court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age. Acts 2005, No. 80, § 2

In an action under this subchapter concerning a person's right to visitation with a minor child, the circuit court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age.

Acts 2005, No. 80, § 2
Ark. Code Ann. § 9-14-514 — AR Code / Title 9 / Chapter 14 / Subchapter 5 / Section 9-14-514
Notification of court by employer of termination
Status: in_force

A payor shall notify the court or its representative or, in cases enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, 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 1991, No. 368, § 13; 2003, No. 1020, § 16

A payor shall notify the court or its representative or, in cases enforced under Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, 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 1991, No. 368, § 13; 2003, No. 1020, § 16
Ark. Code Ann. § 9-27-366 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-366
Confessions
Status: in_force

In determining whether a juvenile's confession was voluntarily, knowingly, and intelligently made, the court shall consider all circumstances surrounding the confession, including without limitation the following: (1) The juvenile's physical, mental, and emotional maturity; (2) Whether the juvenile understood the consequences of the confession; (3) In cases in which the custodial parent, guardian, or custodian agreed to the interrogation that led to the confession, whether the custodial parent, guardian, or custodian understood the consequences of the confession or has an interest in the matter that is adverse to the juvenile; (4) Whether the juvenile and his or her custodial parent, guardian, or custodian were informed of the alleged delinquent act; (5) Whether the confession was the result of any coercion, force, or inducement; (6) Whether the juvenile and his or her custodial parent, guardian, or custodian had waived the right to counsel or been provided counsel; and (7) Whether any of the following occurred: (A) The oral, written, or sign language confession was electronically recorded in its entirety; (B) The entire interrogation was electronically recorded; (C) The audio or video recordings of the interrogation, if available, were used; and (D) All of the voices on the recording are identified and the names of all persons present during the interrogation are identified. Acts 2009, No. 759, § 1

In determining whether a juvenile's confession was voluntarily, knowingly, and intelligently made, the court shall consider all circumstances surrounding the confession, including without limitation the following:

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

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

(3) In cases in which the custodial parent, guardian, or custodian agreed to the interrogation that led to the confession, whether the custodial parent, guardian, or custodian understood the consequences of the confession or has an interest in the matter that is adverse to the juvenile;

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

(5) Whether the confession was the result of any coercion, force, or inducement;

(6) Whether the juvenile and his or her custodial parent, guardian, or custodian had waived the right to counsel or been provided counsel; and

(7) Whether any of the following occurred: (A) The oral, written, or sign language confession was electronically recorded in its entirety; (B) The entire interrogation was electronically recorded; (C) The audio or video recordings of the interrogation, if available, were used; and (D) All of the voices on the recording are identified and the names of all persons present during the interrogation are identified.

(A) The oral, written, or sign language confession was electronically recorded in its entirety;

(B) The entire interrogation was electronically recorded;

(C) The audio or video recordings of the interrogation, if available, were used; and

(D) All of the voices on the recording are identified and the names of all persons present during the interrogation are identified.

Acts 2009, No. 759, § 1
Ark. Code Ann. § 9-14-231 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-231
Overdue support as lien on personal property
Status: in_force

(a) (1) (A) Support that has been ordered paid through the registry of the court or through the Arkansas Child Support Clearinghouse and that has become overdue shall become a lien on all personal property owned by the noncustodial parent wherever it may be found and need not be limited to the confines of the county where the circuit court is sitting. (B) A lien originating in another state shall be accorded full faith and credit as if the lien originated in the State of Arkansas. (2) Upon proof that the noncustodial parent has refused or failed to support his or her child or children pursuant to the order, the court may cause the property to be immediately surrendered to the sheriff of the county where the property is located and may direct the sheriff to take action as necessary to have it sold and apply the proceeds from any sale thereof toward the costs of the sale, any superior liens, the support obligation, including court costs and any attorney's fees awarded pursuant thereto, and any inferior liens. (3) Any amounts in excess of the overdue support, costs, fees, and other liens shall be paid to the noncustodial parent. (4) Any person who may purchase any personal property owned by the noncustodial parent for value and without notice of the lien for support shall take the property free of the lien. (b) The lien against personal property created in this section shall bear the same priority as set forth in § 4-9-322 . Acts 1985, No. 989, § 3; A.S.A. 1947, § 34-1221; Acts 1987, No. 533, § 1; 1997, No. 1296, § 29; 1999, No. 1514, § 14; 2003, No. 1473, § 16

(a) (1) (A) Support that has been ordered paid through the registry of the court or through the Arkansas Child Support Clearinghouse and that has become overdue shall become a lien on all personal property owned by the noncustodial parent wherever it may be found and need not be limited to the confines of the county where the circuit court is sitting. (B) A lien originating in another state shall be accorded full faith and credit as if the lien originated in the State of Arkansas. (2) Upon proof that the noncustodial parent has refused or failed to support his or her child or children pursuant to the order, the court may cause the property to be immediately surrendered to the sheriff of the county where the property is located and may direct the sheriff to take action as necessary to have it sold and apply the proceeds from any sale thereof toward the costs of the sale, any superior liens, the support obligation, including court costs and any attorney's fees awarded pursuant thereto, and any inferior liens. (3) Any amounts in excess of the overdue support, costs, fees, and other liens shall be paid to the noncustodial parent. (4) Any person who may purchase any personal property owned by the noncustodial parent for value and without notice of the lien for support shall take the property free of the lien.

(1) (A) Support that has been ordered paid through the registry of the court or through the Arkansas Child Support Clearinghouse and that has become overdue shall become a lien on all personal property owned by the noncustodial parent wherever it may be found and need not be limited to the confines of the county where the circuit court is sitting. (B) A lien originating in another state shall be accorded full faith and credit as if the lien originated in the State of Arkansas.

(A) Support that has been ordered paid through the registry of the court or through the Arkansas Child Support Clearinghouse and that has become overdue shall become a lien on all personal property owned by the noncustodial parent wherever it may be found and need not be limited to the confines of the county where the circuit court is sitting.

(B) A lien originating in another state shall be accorded full faith and credit as if the lien originated in the State of Arkansas.

(2) Upon proof that the noncustodial parent has refused or failed to support his or her child or children pursuant to the order, the court may cause the property to be immediately surrendered to the sheriff of the county where the property is located and may direct the sheriff to take action as necessary to have it sold and apply the proceeds from any sale thereof toward the costs of the sale, any superior liens, the support obligation, including court costs and any attorney's fees awarded pursuant thereto, and any inferior liens.

(3) Any amounts in excess of the overdue support, costs, fees, and other liens shall be paid to the noncustodial parent.

(4) Any person who may purchase any personal property owned by the noncustodial parent for value and without notice of the lien for support shall take the property free of the lien.

(b) The lien against personal property created in this section shall bear the same priority as set forth in § 4-9-322 .

Acts 1985, No. 989, § 3; A.S.A. 1947, § 34-1221; Acts 1987, No. 533, § 1; 1997, No. 1296, § 29; 1999, No. 1514, § 14; 2003, No. 1473, § 16
Ark. Code Ann. § 9-3-106 — AR Code / Title 9 / Chapter 3 / Section 9-3-106
Qualifications to become domiciled
Status: in_force

(a) Any person who is a citizen of the United States may become a resident and domiciled in the State of Arkansas. (b) No person shall be admitted to become a resident domiciled in the State of Arkansas who has not resided in the state for at least thirty (30) days preceding his or her application for admission as a resident domiciled in the State of Arkansas. Acts 1941, No. 355, §§ 1, 5; A.S.A. 1947, §§ 34-1301, 34-1305

(a) Any person who is a citizen of the United States may become a resident and domiciled in the State of Arkansas.

(b) No person shall be admitted to become a resident domiciled in the State of Arkansas who has not resided in the state for at least thirty (30) days preceding his or her application for admission as a resident domiciled in the State of Arkansas.

Acts 1941, No. 355, §§ 1, 5; A.S.A. 1947, §§ 34-1301, 34-1305
Ark. Code Ann. § 9-11-506 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-506
Spouses not liable for each other's antenuptial debts
Status: in_force

In all marriages solemnized after February 1, 1899, neither spouse shall be held to be liable for the antenuptial debts of the other, except by virtue of an express written contract. Acts 1899, No. 5, § 1, p. 4; C. & M. Dig., § 5590; Pope's Dig., § 7240; Acts 1981, No. 873, § 5; A.S.A. 1947, § 55-408

In all marriages solemnized after February 1, 1899, neither spouse shall be held to be liable for the antenuptial debts of the other, except by virtue of an express written contract.

Acts 1899, No. 5, § 1, p. 4; C. & M. Dig., § 5590; Pope's Dig., § 7240; Acts 1981, No. 873, § 5; A.S.A. 1947, § 55-408
Ark. Code Ann. § 9-11-511 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-511
Filing of schedule by person selling or giving property - Effect of recording conveyance or will
Status: in_force

(a) Any persons who shall bona fide sell or give any property to a married person may schedule and record the sale or gift as the separate property of the married person, with the same and like effect as though the scheduling and recording had been done by the married person. (b) Any conveyance or will of property to a married person, on being duly recorded, shall have all the effect of a schedule under this section and §§ 9-11-501 , 9-11-509 , 9-11-510 , and 9-11-512 - 9-11-514 . Acts 1875 (Adj. Sess.), No. 91, § 2, p. 172; C. & M. Dig., § 5592; Pope's Dig., § 7242; Acts 1981, No. 873, § 7; A.S.A. 1947, § 55-410

(a) Any persons who shall bona fide sell or give any property to a married person may schedule and record the sale or gift as the separate property of the married person, with the same and like effect as though the scheduling and recording had been done by the married person.

(b) Any conveyance or will of property to a married person, on being duly recorded, shall have all the effect of a schedule under this section and §§ 9-11-501 , 9-11-509 , 9-11-510 , and 9-11-512 - 9-11-514 .

Acts 1875 (Adj. Sess.), No. 91, § 2, p. 172; C. & M. Dig., § 5592; Pope's Dig., § 7242; Acts 1981, No. 873, § 7; A.S.A. 1947, § 55-410
Ark. Code Ann. § 9-11-109 — AR Code / Title 9 / Chapter 11 / Subchapter 1 / Section 9-11-109
Validity of same-sex marriages
Status: in_force

Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void. Acts 1997, No. 144, § 1

Marriage shall be only between a man and a woman. A marriage between persons of the same sex is void.

Acts 1997, No. 144, § 1
Ark. Code Ann. § 9-11-513 — AR Code / Title 9 / Chapter 11 / Subchapter 5 / Section 9-11-513
Control of one spouse's separate property by other spouse - Presumption of agency or trusteeship
Status: in_force

The fact that a married person permits his or her spouse to have the custody, control, and management of separate property shall not of itself be sufficient evidence that the married person has relinquished title to the property. However, the presumption shall be that the spouse is acting as the agent or trustee of the other. This presumption may be rebutted by any evidence establishing a sale or gift of the property to the other spouse. Acts 1875 (Adj. Sess.), No. 91, § 4, p. 172; C. & M. Dig., § 5594; Pope's Dig., § 7244; Acts 1981, No. 873, § 9; A.S.A. 1947, § 55-412

The fact that a married person permits his or her spouse to have the custody, control, and management of separate property shall not of itself be sufficient evidence that the married person has relinquished title to the property. However, the presumption shall be that the spouse is acting as the agent or trustee of the other. This presumption may be rebutted by any evidence establishing a sale or gift of the property to the other spouse.

Acts 1875 (Adj. Sess.), No. 91, § 4, p. 172; C. & M. Dig., § 5594; Pope's Dig., § 7244; Acts 1981, No. 873, § 9; A.S.A. 1947, § 55-412
Ark. Code Ann. § 9-19-207 — AR Code / Title 9 / Chapter 19 / Subchapter 2 / Section 9-19-207
Inconvenient forum
Status: in_force

(a) A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court. (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) the length of time the child has resided outside this state; (3) the distance between the court in this state and the court in the state that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) any agreement of the parties as to which state should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) the familiarity of the court of each state with the facts and issues in the pending litigation. (c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. (d) A court of this state may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. Acts 1999, No. 668, § 207

(a) A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: (1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; (2) the length of time the child has resided outside this state; (3) the distance between the court in this state and the court in the state that would assume jurisdiction; (4) the relative financial circumstances of the parties; (5) any agreement of the parties as to which state should assume jurisdiction; (6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child; (7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and (8) the familiarity of the court of each state with the facts and issues in the pending litigation.

(1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) the length of time the child has resided outside this state;

(3) the distance between the court in this state and the court in the state that would assume jurisdiction;

(4) the relative financial circumstances of the parties;

(5) any agreement of the parties as to which state should assume jurisdiction;

(6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) the familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

Acts 1999, No. 668, § 207
Ark. Code Ann. § 9-12-306 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-306
Corroboration
Status: in_force

(a) In uncontested divorce suits, corroboration of the plaintiff's grounds for divorce shall not be necessary or required. (b) In contested suits, corroboration of the injured party's grounds may be expressly waived in writing by the other spouse. (c) (1) This section does not apply to proof as to residence, which must be corroborated, and does not apply to proof of separation and continuity of separation without cohabitation, which must be corroborated. (2) In uncontested cases, proof as to residence and proof of separation and continuity of separation without cohabitation may be corroborated by either oral testimony or verified affidavit of persons other than the parties. Acts 1969, No. 398, § 1; 1981, No. 267, § 1; 1985, No. 474, § 1; A.S.A. 1947, § 34-1207.1

(a) In uncontested divorce suits, corroboration of the plaintiff's grounds for divorce shall not be necessary or required.

(b) In contested suits, corroboration of the injured party's grounds may be expressly waived in writing by the other spouse.

(c) (1) This section does not apply to proof as to residence, which must be corroborated, and does not apply to proof of separation and continuity of separation without cohabitation, which must be corroborated. (2) In uncontested cases, proof as to residence and proof of separation and continuity of separation without cohabitation may be corroborated by either oral testimony or verified affidavit of persons other than the parties.

(1) This section does not apply to proof as to residence, which must be corroborated, and does not apply to proof of separation and continuity of separation without cohabitation, which must be corroborated.

(2) In uncontested cases, proof as to residence and proof of separation and continuity of separation without cohabitation may be corroborated by either oral testimony or verified affidavit of persons other than the parties.

Acts 1969, No. 398, § 1; 1981, No. 267, § 1; 1985, No. 474, § 1; A.S.A. 1947, § 34-1207.1
Ark. Code Ann. § 9-5-103 — AR Code / Title 9 / Chapter 5 / Section 9-5-103
Definitions
Status: in_force

As used in this chapter: (1) "Board" means the Board of Directors of the Children's Advocacy Centers of Arkansas; (2) "Children's Advocacy Centers of Arkansas" means a nonprofit organization that is a chapter of the National Children's Alliance operating in this state for the purpose of promoting, assisting, and supporting the development, growth, and continuation of child safety centers in this state; (3) (A) "Child safety center" means a nonprofit child-friendly facility that provides a location for forensic interviews and forensic medical examinations and ensures access for specialized mental health services during the course of a child maltreatment investigation. (B) A child safety center is commonly known as a "child advocacy center"; (4) "Multidisciplinary team" means a collaborative group of individual professionals from diverse organizations and agencies who work together in a coordinated manner to ensure an effective response to child abuse and neglect cases so a child victim is not overlooked and essential services are provided in a timely manner; and (5) "Multidisciplinary team facilitator" means a person who: (A) Is responsible for establishing and sustaining: (i) Relationships among members of the multidisciplinary team that promote collaboration; and (ii) An atmosphere of trust and safety to partner for success in child abuse and neglect cases; (B) Serves as an advocate for the multidisciplinary team model; (C) Works with the members of the multidisciplinary team to ensure effective implementation of the multidisciplinary team model; and (D) Assumes the role of a multidisciplinary team coordinator and does not perform the role of a director or leader. Amended by Act 2021, No. 975,§ 2, eff. 7/28/2021. Amended by Act 2013, No. 568,§ 1, eff. 8/16/2013 Acts 2007, No. 703, § 5 This section was amended by Act 2021, No. 975 to have subsection (a) but no subsection (b).

As used in this chapter:

(1) "Board" means the Board of Directors of the Children's Advocacy Centers of Arkansas;

(2) "Children's Advocacy Centers of Arkansas" means a nonprofit organization that is a chapter of the National Children's Alliance operating in this state for the purpose of promoting, assisting, and supporting the development, growth, and continuation of child safety centers in this state;

(3) (A) "Child safety center" means a nonprofit child-friendly facility that provides a location for forensic interviews and forensic medical examinations and ensures access for specialized mental health services during the course of a child maltreatment investigation. (B) A child safety center is commonly known as a "child advocacy center";

(A) "Child safety center" means a nonprofit child-friendly facility that provides a location for forensic interviews and forensic medical examinations and ensures access for specialized mental health services during the course of a child maltreatment investigation.

(B) A child safety center is commonly known as a "child advocacy center";

(4) "Multidisciplinary team" means a collaborative group of individual professionals from diverse organizations and agencies who work together in a coordinated manner to ensure an effective response to child abuse and neglect cases so a child victim is not overlooked and essential services are provided in a timely manner; and

(5) "Multidisciplinary team facilitator" means a person who: (A) Is responsible for establishing and sustaining: (i) Relationships among members of the multidisciplinary team that promote collaboration; and (ii) An atmosphere of trust and safety to partner for success in child abuse and neglect cases; (B) Serves as an advocate for the multidisciplinary team model; (C) Works with the members of the multidisciplinary team to ensure effective implementation of the multidisciplinary team model; and (D) Assumes the role of a multidisciplinary team coordinator and does not perform the role of a director or leader.

(A) Is responsible for establishing and sustaining: (i) Relationships among members of the multidisciplinary team that promote collaboration; and (ii) An atmosphere of trust and safety to partner for success in child abuse and neglect cases;

(i) Relationships among members of the multidisciplinary team that promote collaboration; and

(ii) An atmosphere of trust and safety to partner for success in child abuse and neglect cases;

(B) Serves as an advocate for the multidisciplinary team model;

(C) Works with the members of the multidisciplinary team to ensure effective implementation of the multidisciplinary team model; and

(D) Assumes the role of a multidisciplinary team coordinator and does not perform the role of a director or leader.

Amended by Act 2021, No. 975,§ 2, eff. 7/28/2021.

Amended by Act 2013, No. 568,§ 1, eff. 8/16/2013

Acts 2007, No. 703, § 5

This section was amended by Act 2021, No. 975 to have subsection (a) but no subsection (b).
Ark. Code Ann. § 9-14-202 — AR Code / Title 9 / Chapter 14 / Subchapter 2 / Section 9-14-202
Exclusivity of remedies
Status: in_force

The remedies provided in this subchapter shall not be exclusive of other remedies presently existing. Acts 1985, No. 989, § 32; A.S.A. 1947, § 34-1250

The remedies provided in this subchapter shall not be exclusive of other remedies presently existing.

Acts 1985, No. 989, § 32; A.S.A. 1947, § 34-1250
Ark. Code Ann. § 9-8-205 — AR Code / Title 9 / Chapter 8 / Subchapter 2 / Section 9-8-205
Guardianship subsidy agreement
Status: in_force

(a) A written guardianship subsidy agreement must be entered before the guardianship is established. (b) The guardianship subsidy agreement shall become effective upon entry of the order granting guardianship. (c) No guardianship subsidy may be made for any child who has attained eighteen (18) years of age unless permitted by the funding stream. Amended by Act 2013, No. 577,§ 1, eff. 8/16/2013 Acts 2007, No. 621, § 1

(a) A written guardianship subsidy agreement must be entered before the guardianship is established.

(b) The guardianship subsidy agreement shall become effective upon entry of the order granting guardianship.

(c) No guardianship subsidy may be made for any child who has attained eighteen (18) years of age unless permitted by the funding stream.

Amended by Act 2013, No. 577,§ 1, eff. 8/16/2013

Acts 2007, No. 621, § 1
Ark. Code Ann. § 9-9-411 — AR Code / Title 9 / Chapter 9 / Subchapter 4 / Section 9-9-411
Subsidy agreements - Renewal, termination, or modification
Status: in_force

(a) (1) (A) When subsidies are for more than one (1) year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition that caused the child to be certified continues to exist. (B) An adoptive parent commits the offense of providing a false statement if the adoptive parent certifies that the adopted child remains under the adoptive parent's care knowing the certification to be false. (C) Providing a false statement under this subsection is a Class A misdemeanor. (2) The subsidy agreement may be continued in accordance with the terms by entering into a new agreement each year but only as long as the adopted child is the legal dependent of the adoptive parents and the child's condition continues, except that, in the absence of other appropriate resources provided by law and in accordance with Arkansas rules, it may not be continued after the adopted child reaches majority. (b) Termination or modification of the subsidy agreement may be requested by the adoptive parents at any time. Amended by Act 2019, No. 315,§ 710, eff. 7/24/2019. Amended by Act 2015, No. 1018,§ 3, eff. 7/22/2015 Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133

(a) (1) (A) When subsidies are for more than one (1) year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition that caused the child to be certified continues to exist. (B) An adoptive parent commits the offense of providing a false statement if the adoptive parent certifies that the adopted child remains under the adoptive parent's care knowing the certification to be false. (C) Providing a false statement under this subsection is a Class A misdemeanor. (2) The subsidy agreement may be continued in accordance with the terms by entering into a new agreement each year but only as long as the adopted child is the legal dependent of the adoptive parents and the child's condition continues, except that, in the absence of other appropriate resources provided by law and in accordance with Arkansas rules, it may not be continued after the adopted child reaches majority.

(1) (A) When subsidies are for more than one (1) year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition that caused the child to be certified continues to exist. (B) An adoptive parent commits the offense of providing a false statement if the adoptive parent certifies that the adopted child remains under the adoptive parent's care knowing the certification to be false. (C) Providing a false statement under this subsection is a Class A misdemeanor.

(A) When subsidies are for more than one (1) year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition that caused the child to be certified continues to exist.

(B) An adoptive parent commits the offense of providing a false statement if the adoptive parent certifies that the adopted child remains under the adoptive parent's care knowing the certification to be false.

(C) Providing a false statement under this subsection is a Class A misdemeanor.

(2) The subsidy agreement may be continued in accordance with the terms by entering into a new agreement each year but only as long as the adopted child is the legal dependent of the adoptive parents and the child's condition continues, except that, in the absence of other appropriate resources provided by law and in accordance with Arkansas rules, it may not be continued after the adopted child reaches majority.

(b) Termination or modification of the subsidy agreement may be requested by the adoptive parents at any time.

Amended by Act 2019, No. 315,§ 710, eff. 7/24/2019.

Amended by Act 2015, No. 1018,§ 3, eff. 7/22/2015

Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133
Ark. Code Ann. § 9-33-203 — AR Code / Title 9 / Chapter 33 / Subchapter 2 / Section 9-33-203
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1152,§ 9, eff. 8/16/2013 Acts 1997, No. 745, § 3

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

Acts 1997, No. 745, § 3
Ark. Code Ann. § 9-12-324 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-324
Decree dissolving a covenant marriage
Status: in_force

In all divorce decrees that dissolve a covenant marriage created under the Covenant Marriage Act of 2001, § 9-11-801 et seq., the court shall enter a finding that the marriage being dissolved is a covenant marriage. Acts 2005, No. 1890, § 2

In all divorce decrees that dissolve a covenant marriage created under the Covenant Marriage Act of 2001, § 9-11-801 et seq., the court shall enter a finding that the marriage being dissolved is a covenant marriage.

Acts 2005, No. 1890, § 2
Ark. Code Ann. § 9-27-601 — AR Code / Title 9 / Chapter 27 / Subchapter 6 / Section 9-27-601
Legislative intent
Status: in_force

It is the intent of the General Assembly of the State of Arkansas that: (1) Juveniles receive mental health services in their communities whenever possible and in the least restrictive placement consistent with the juvenile's treatment needs; (2) Juveniles be placed out of state for mental health services only when it is in the juvenile's best interest and there is no appropriate or available treatment in state to meet the needs of the juvenile; (3) Circuit courts be provided with qualified mental health screenings to assist courts in ordering appropriate mental health services for juveniles; and (4) Juvenile officers, mental health providers, residential providers, the Department of Human Services, Child and Adolescent Service System Program providers, attorneys, courts, and advocates shall work together to ensure the continuity of mental health services for juveniles in their communities. Acts 2005, No. 1959, § 1

It is the intent of the General Assembly of the State of Arkansas that:

(1) Juveniles receive mental health services in their communities whenever possible and in the least restrictive placement consistent with the juvenile's treatment needs;

(2) Juveniles be placed out of state for mental health services only when it is in the juvenile's best interest and there is no appropriate or available treatment in state to meet the needs of the juvenile;

(3) Circuit courts be provided with qualified mental health screenings to assist courts in ordering appropriate mental health services for juveniles; and

(4) Juvenile officers, mental health providers, residential providers, the Department of Human Services, Child and Adolescent Service System Program providers, attorneys, courts, and advocates shall work together to ensure the continuity of mental health services for juveniles in their communities.

Acts 2005, No. 1959, § 1
Ark. Code Ann. § 9-19-312 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-312
Costs, fees, and expenses
Status: in_force

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, 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 or expenses are sought establishes that the award would be clearly inappropriate. (b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter. Acts 1999, No. 668, § 312

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, 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 or expenses are sought establishes that the award would be clearly inappropriate.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.

Acts 1999, No. 668, § 312